Terms and Conditions

Legal information

 

This site is produced and published by Marypop SASU, a simplified joint stock company with a capital of €20.000 whose registered office is located at 2 impasse du Point du Jour, 69005 Lyon, France, registered in the Lyon Trade and Companies Register under number 849 985 452.

 

E-mail: contact@marypop.com

Director of publication: Nathalie Barberis - nathalie@marypop.com

Editor-in-Chief: Nathalie Barberis - nathalie@marypop.com

Intracommunity VAT number: FR95849985452

SIRET number: 8499858545200010

 

This site is hosted by OVH whose registered office is located at 2 rue Kellermann, 59100 Roubaix, France. www.ovh.com

 

Preamble

 

These general terms and conditions of use (hereinafter the "General Terms and Conditions") apply to all services offered on the Marypop.fr, Marypop.com, Marypop.be, Marypop.nl, Marypop.de, Marypop.co.uk, Marypop.es and Marypop.net websites.

 

 

Article 1.             Definitions of the terms

 

In these General Terms and Conditions, words or expressions beginning with a capital letter, used in the singular or plural, are defined as follows:

 

"Creations" refers to all databases, creations, source codes, drawings, developments, data, folders, files, functionalities, guides, graphics, images, interfaces, inventories, software, logos, manuals, methods, settings, texts and other elements of the Platform, regardless of their nature, form or medium, and any resulting product or process.

 

"Content": refers to any comment, message or information of any kind, regardless of its nature, form or medium, and any resulting product or process (text, image, videos, photographs, comments, trademarks, company names, etc.), put online by a Member. The content is the intellectual property of Marypop and can therefore be submitted to moderation by Marypop.

 

"Applicant": refers to the Member requesting a Person-to-Person Service and/or accepting a Person-to-Person Service offered by an Intervener, through the Platform.

 

"Data": refers to personal data allowing the User to be identified.

 

"Booking fees": refers to the amount to be paid giving access to Marypop's contact between the Applicant and the Intervener.

 

"Intervener": refers to the Member accepting the solicitation of a Person Service from an Applicant and/or proposing the provision of a Person Service, through the Platform. The Intervener may be a professional or a non-professional of Personal Services.

 

"Member": refers to any natural person registered on the Platform.

 

"Mission": refers to the Personal Services actually provided by an Intervener to an Applicant.

 

"Platform": refers to the hardware and software structure set up by Marypop and accessible via the sites Marypop.fr, Marypop.com, Marypop.be, Marypop.nl, Marypop.de, Marypop.co.uk and Marypop.es.

 

"Services": refers to the services for connecting Applicants and Intervenors via the Platform; the Services are offered by Marypop.

 

"Personal Services": refers to home child care activities; Personal Services are provided by the Intervenors.

 

"User": refers to any person using the Platform whether a simple visitor or Member.

 

"Verification": refers to the option to indicate that a profile has been subject to a specific verification.

 

 

 

Article 2.             Marypop's activity

 

Marypop offers the following Services:

 

- Marypop implements the tools and technical means to put Claimants and Intervenors offering a Personal Service in contact with each other. As such, Marypop allows Claimants and Intervenors to make an appointment via the Platform;

 

- Marypop uses a payment intermediary who deducts from the Applicants the amount of the Reservation Fees and Missions and pays the latter to the Intervenors at the end of the Missions; the payment intermediary pays Marypop the amount of the Reservation Fees;

 

- Marypop hosts profiles, messages, solicitations from Applicants and offers from Intervenors.

 

Marypop's activity is therefore limited to implementing the means to (i) connect Speakers and Applicants and (ii) book and pay for Missions. Marypop is not an agent, neither of the Claimants nor of the Intervenors. Marypop does not provide any Services to the Person; the Intervenors are not employees and/or subcontractors of Marypop.

 

Article 3.             Acceptance of the general terms and conditions

 

The use of the Platform is subject to these Terms and Conditions. By using the Platform, the User acknowledges having read, understood and accepted these General Terms and Conditions without reservation. Similarly, by using the Platform, the User acknowledges that he/she has accepted the Privacy and Personal Data Protection Policy.

 

Marypop may at any time modify and update these General Terms and Conditions. The General Conditions in force at the time of use of the Platform are those that are enforceable against the User. The User is advised to keep himself regularly informed of the General Conditions.

 

Article 4.             Intellectual Property

 

All Creations are the exclusive property of Marypop. It is prohibited for any person to contact Intervenors, to recover all or part of the Site's database and/or to use the Site for purposes other than those defined by these General Conditions.

 

The "Marypop" brand as well as the domain names "Marypop.fr", "Marypop.com", "Marypop.be", "Marypop.nl", "Marypop.de", "Marypop.co.uk" and "Marypop.es" are the exclusive property of Marypop.

 

Marypop grants the User a personal, non-exclusive and non-transferable right to use all or part of the Creations only insofar as such use is strictly necessary for access and/or use of the Platform.

 

The User grants Marypop, free of charge, for the legal term of protection and for the entire world, a right to use, reproduce, adapt, distribute, represent, exploit and use the Content in a transferable, transferable and exclusive manner.

 

Article 5: Access and Use of the Platform

 

5.1. Access to the Platform

 

The Platform brings together:

 

  • the Applicants, registered on the Platform in order to be put in contact with Intervenors. They propose to remunerate the Intervenors for the realization of Personal Services. Access to the Platform is reserved to any natural person having full legal capacity to enter into commitments under these General Terms and Conditions, within the framework of his or her own personal service needs and not for the purpose of reselling, renting or exchanging services for the benefit of third parties, in the context of a professional or occasional activity.

 

  • the Intervenors, who offer a Personal Service. Access to the Platform for Intervenors is reserved for any natural person over 16 years of age, with a work permit in the territory concerned, a civil liability insurance and proof of a clean criminal record.

 

It is prohibited for any legal entity, and any natural person acting on behalf of a legal entity, to register on the Platform as an Applicant without prior written authorization from Marypop.

 

Marypop reserves the right to block access to any User acting in breach of these General Terms and Conditions and to initiate any legal action against it, in particular in the event of use of all or part of the Platform for commercial purposes (prospecting and/or collection of information, use of the contact details of the Intervenors, unsolicited advertising, etc.).

 

5.2 Registration on the Platform

 

The benefit of the Services requires that the User registers on the Platform, by completing the form provided for this purpose in order to become a Member.

 

General provisions

 

The User undertakes to provide all the information marked as mandatory by completing a form available online on the Platform, including a valid email address and telephone number that will enable him/her to confirm his/her registration. The User certifies that this information is accurate, up to date and sincere and undertakes to update it regularly via his dashboard.

 

The User who becomes a Member undertakes to provide all supporting documents at Marypop's first request.

 

Marypop reserves the right to refuse, without any responsibility, any registration of a User in the event of non-compliance with these General Conditions.

Audited Members

 

In order to guarantee to the Claimants the veracity of the information transmitted by the Intervenors who will be required to carry out Missions, Marypop proposes a profile verification system (the "Verified Members"). This Verification consists in verifying the identity, contact details, possible diplomas and language skills of the Speakers.

 

  • Identity: the Intervener sends electronically a copy of his/her identity document (identity card, passport, permit and residence permit valid for residents outside the European Union). Marypop checks the concordance of the surname, first name and age transmitted at the time of registration;

 

  • Diploma or training: when the Intervener indicates that he or she has certain diplomas or patents, the latter sends a copy electronically. Marypop verifies that the diploma has been delivered in the first and last name provided at the time of the speaker's registration;

 

  • Spoken languages: when the Intervener indicates that he/she speaks certain languages, he/she remains at Marypop's disposal to carry out a test, written or oral, to check his/her linguistic skills.

 

Intervenors who wish to be audited will pay a sum of four (4) euros including VAT, or 3.33 excluding VAT, to cover the costs related to the Audit.

 

5.3. Use of the Platform

 

The Member undertakes to create only one account.

 

The Member undertakes to use the Platform personally and not to allow any third party to have access to it in its place or on its behalf.

 

The Member undertakes to ensure that the confidentiality of his username and password is maintained. Any activity carried out with a Member's ID and password shall be deemed to have been carried out by the Member, under his own responsibility.

 

Marypop reserves the right, without notice and without any liability whatsoever, to temporarily or permanently suspend a User's access to the Platform in the event of non-compliance by the User with these General Conditions.

 

5.4 Platform Interruption

 

Marypop reserves the right, without notice and without any liability, to temporarily or permanently suspend access to the Platform in order to carry out updates, maintenance operations and/or modifications on the servers. In the event of suspension of access to the Platform, or in the event of its permanent closure, Marypop shall in no way be held liable for any damage potentially suffered by the User.

 

Marypop does not guarantee that the Platform will operate without interruption.

 

Marypop does not guarantee that the servers and/or third party sites to which the Platform may provide access via hypertext links do not contain viruses.

 

Marypop cannot be held responsible in the event that one or more Users are unable to connect to the Platform due to any technical defect or problem.

 

 

Article 6: Access to the Service

 

Access and registration to the Platform is free of charge.

 

Applicants who are members of the Platform can check the availability of the Speakers and send a single message free of charge to a Speaker via internal messaging.

 

Payment by the Applicants for the contact with the Intervenors is made online by credit card: Carte Bleue, Visa, Eurocard, Mastercard.

 

Applicants must indicate their credit card number, as well as the validity date and the last three digits of the pictogram on the back of the card (SSL security protocol).

 

Applicants have the possibility to indicate a promotional code likely to offer them a discount on the public price:

 

By accepting these General Terms and Conditions, Members acknowledge that the promotion codes:

 

- May not be used for purposes other than those envisaged under the specific conditions established by Marypop for each promotional code;

 

- May not be duplicated, sold or transferred in any way, nor made available to the general public by being posted on a public forum or on a social network or other unless expressly authorized by Marypop;

 

- May expire before being used and be deactivated by Marypop at any time for any reason for which Marypop is liable.

 

Marypop reserves the right to refuse any promotional code and/or make the order and use of a Member's promotional codes invalid if Marypop considers that the use of these promotional codes has been made in an erroneous, fraudulent, illegal or contrary to the specific conditions applicable to the promotional codes concerned and/or to these General Conditions.

 

Marypop reserves the right to close the account of the Member who has not respected the above conditions and/or to request reimbursement from the Members of the promotional codes used for a purpose other than that specified by the specific conditions established by Marypop.

 

 

Article 7: Description of Services

 

7.1. Internal messaging

 

An Applicant may contact an Intervener by internal messaging. After registration, the Applicant has the option of sending messages to Interveners free of charge, by clicking on "Contact" on the Interveners' profile.

 

The Intervener may accept, refuse or discuss a reservation request from an Applicant.

 

The Intervener may send written messages to an Applicant, provided that the initial contact has been accepted by both parties.

 

7.2. Booking (Mission Request)

 

The Applicant undertakes to use the online booking of the Interveners for the performance of the Missions and undertakes not to remunerate the Missions of Interveners not booked via the Platform. As such, the rates remain freely fixed by the Intervener under the legally authorized conditions. The Participant registered on the Platform undertakes to always use online booking on the Platform to carry out its Missions and undertakes not to accept any remuneration for Missions from Applicants whose reservations have not been made on the Platform.

 

Marypop reserves the right to exclude, without notice and without any liability, any Member who does not comply with this provision.

 

A Claimant may in any case make a request for a Mission without first sending a message to an Intervener.

 

The Applicant is free to choose the Intervener who best suits his needs.

 

Under no circumstances does Marypop advise or guide the Applicant in the choice of an Intervener. The Applicant is solely responsible for the selection of the Intervener he contacts. Marypop does not guarantee to the Applicant that the Intervener has the necessary legal documents enabling him to exercise an activity as an employee or self-employed person in the country where the Mission takes place. Marypop cannot be held liable if necessary.

 

Generally speaking, the Applicant undertakes to provide all the information and resources necessary to enable the Intervener to carry out the Mission and undertakes to pay the Intervener for the Mission.

 

The hourly cost displayed on the Platform corresponds to the net price for one hour of Mission. This net price does not include the social security contributions relating to the Mission and any assistance to which the Applicant may be entitled under Personal Services.

 

In the case of a single Mission, the price is the hourly cost multiplied by the number of hours of the Mission.

 

The price is expressed in Euro and includes all taxes (including VAT).

 

7.3. Methods of payment of the Mission price

 

When placing his first order for a Mission, the Applicant must register a credit card on which a pre-authorization request will be made to his bank for the sums incurred in connection with the Services ("the Committed Amounts"), namely the Booking Fee. Only MasterCard, Visa and Carte Bleue bank cards are taken into account.

 

The Applicant's banking data will be collected by Marypop's payment service providers and will be kept securely by them during the time of his registration to the Services to enable him to proceed with other orders or to be able to pay for recurring Missions. The Committed Amounts will only be deducted if the Intervener accepts the Mission. The transaction is concluded between the Claimant and the Intervener.

 

7.4. Payment dispute

 

In the event of disagreement between the Claimant and the Intervener, Marypop cannot be held responsible and cannot intervene on behalf of either party.

 

7.5. Cancellation of a Mission

 

(i) Cancellation from a Claimant

 

The payment of the reservation remains due by the Applicant in the event that the Applicant cancels it less than 12 hours before the start of the Mission.

 

(ii) Cancellation by an Intervener

 

The Intervenors may cancel a Mission, at no cost and without compensation to the Claimant.

 

Marypop reserves the right to close a Member's account in the event of frequent cancellations.

 

Article 8.             Assessment of the quality of the Missions

 

Once a Mission has been carried out by the Intervener, the Applicant is invited to leave a comment on the quality of the Mission carried out by the Intervener and give it a mark. The appreciations and notes left by the Applicants will be visible to other Users on the Intervener's profile.

 

Marypop reserves the right not to post the rating given online in the event of an excess or rating that does not seem appropriate.

 

The Interveners agree that their Mission(s) may be rated by the Applicants, knowing that they will do so on the Marypop Platform.

 

The aim is to guarantee to the Applicants the skills of the Interveners who will be required to carry out Missions.

 

It is in no way a question of noting the person but only his Mission as a Home Intervener.

 

The rating consists of assigning a rating that assesses the overall quality of the Mission, with ratings ranging from one to five stars.

 

When the Speaker has received at least one rating, the rating from one to five stars will be placed online next to the Speaker's profile, as posted on the Marypop.com website. With each new rating, a new average will be established.

 

The individual notes given by the Claimants to an Intervener may, where applicable, be disclosed to the Intervener concerned at its request. The latter will be able to respond to the assessment through his right of reply by responding to the rating on his profile.

 

Depending on their age or the evolution of the assessments given by the Applicants, Marypop.com reserves the right to delete ratings.

 

Article 9.             Assessment of Applicants knowledge and skills

 

Once a Mission has been carried out by the Intervener, the latter is invited to leave a comment on the Applicant. The assessments left by the Intervenors will be visible to Users on the Applicant's profile.

 

Marypop reserves the right not to post a given comment online in the event of an excess or rating that does not seem appropriate.

 

The Applicants agree to be rated by the Intervenors, if necessary, knowing that they will do so on the Marypop Platform.

 

The purpose is to inform the Intervenors, before confirming a reservation, of a certain amount of information concerning the behaviour of the Applicant.

 

Article 10.           Remuneration of Marypop

 

In return for the Services provided to Members, Marypop receives a commission whose amount is indicated on the Platform.

 

Marypop reserves the right to propose promotional offers and/or modify the amounts of subscriptions and applicable commissions. Members will be informed of these new amounts.

 

Members acknowledge and agree that it is their responsibility to be aware of the amount of commissions applicable on the date on which they respond favourably to a Mission or the amounts applicable on the date on which they subscribe.

 

Article 11.           Financial transactions

 

Marypop has chosen to trust Stripe for all its electronic payment services by credit card. By using the credit card payment system during the Missions proposed on the Marypop Platform, Members accept the Stripe Terms of Use available at https://stripe.com/fr/legal

 

Article 12.           Right of withdrawal

 

In accordance with Article L. 221-18 of the Consumer Code, the right of withdrawal is 14 days from the conclusion of the contract. To exercise the right of withdrawal, it is necessary to send a written letter or an electronic message clearly expressing the will to exercise this right with the details of the contract or the following message:

 

"Dear Madam, dear Sir,

 

To the attention of Marypop, 2 impasse du Point du Jour, 69005 Lyon, France.

 

Following the contract concluded on[indicate the date of validation of the Mission form or the date of subscription], I hereby exercise my right of withdrawal.

 

Sincerely,

 

clearly indicate your first and last name, registration email and address]"

 

The request must be addressed:

 

- or by written letter to the following address Marypop - 2 impasse du Point du Jour, 69005 Lyon, France

 

- or by email to the following address: contact@marypop.com

 

However, in accordance with Article L.221-28 1° of the Consumer Code, the User expressly waives the right of withdrawal if the Mission is carried out immediately and carried out before the end of the withdrawal period (non-exhaustive examples: exchange of messages with Intervenors or Applicants, request or performance of a Mission, etc.)

 

Article 13.           Role and Responsibility

 

13.1. Role and responsibility of Members

 

Members are required to:

 

- Do not use Marypop for any purpose other than those defined in this Preamble.

 

- Not to disclose on their profile personal information allowing other Members and/or Users to identify them (last name, postal address, e-mail address, telephone number) and/or to contact them without going through the Platform.

 

- Not post, indicate or distribute in any form whatsoever any information or Content that has the effect of diminishing, disorganizing, preventing normal use of the Services, interrupting and/or slowing down the normal flow of communications between Users through the Services, such as software, viruses, logic bombs, massive sending of messages, etc. Marypop reserves the right to delete messages that are sent massively by a User in order to preserve a normal quality of use of the Service for other Members.

 

- Not to post, indicate or disseminate in any form whatsoever, not to make any comments, not to engage in any conduct of a defamatory, abusive, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist, xenophobic or sexually oriented nature or nature, inciting hatred, violence, discrimination or hatred, encouraging activities or the use of illegal substances or, more generally, contrary to the purposes of the Platform, likely to infringe the rights of Marypop or a third party or contrary to morality;

 

- Not to post, indicate or distribute in any form whatsoever information or content incorporating links to third party sites that are illegal, immoral and/or not in accordance with the purpose of Marypop.

 

13.2 Role and responsibility of Marypop

 

Marypop and the Members are independent parties, each acting in its own name and on its own behalf.

 

Marypop does not conclude any contract in the name and/or on behalf of an Intervener or a Claimant, the latter contracting directly between themselves through the Platform.

 

Marypop is not a party to any contracts concluded between the Members; Marypop shall under no circumstances be held liable for any difficulties that may arise during the conclusion or performance of these contracts, nor be a party to any disputes between them, due to any guarantees, declarations or obligations to which the Members may be bound.

 

In particular, Marypop is not responsible for the quality or conformity of the Mission carried out by the Intervener.

 

Marypop can under no circumstances be considered as an employee / employer of a Member; the Intervenors can under no circumstances be considered as subcontractors of Marypop.

 

Marypop declines all responsibility for any incidents or accidents that may occur to Members during the Mission. More generally, Marypop cannot be held liable for any damage of any kind (personal, physical, material, financial or other) that may occur during a Mission. No claims will be accepted in this respect.

 

Marypop undertakes to provide the Services diligently and in accordance with the rules of the art, it being specified that it is under an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept. Marypop's liability is exclusively limited to the provision of the Services in accordance with the terms and conditions described in these General Terms and Conditions.

 

Marypop cannot be held responsible for the Contents, whose authors are third parties. Therefore, any possible claim should first be directed to the author of the Content in question.

 

Article 14.           Sanctioning of breaches

 

In the event of a breach of any of the provisions of these general terms and conditions, or more generally, of a breach of laws and regulations by a Member, Marypop reserves the right to :

 

- Suspend, remove or prevent access to the Platform and/or Services;

- Delete all or part of the Content;

- Take all appropriate measures;

- Where appropriate, notify the competent authorities, cooperate with them and provide them with all relevant information for the investigation and repression of illegal or illicit activities.

 

Article 15.           Suspension and termination

 

15.1 Suspension of the Member account

 

Each Member may suspend the publication of an advertisement published on its personal account to be put in contact with other Members of the Platform. The suspension is then temporary and the Member may reactivate it at any time. As a result, the Member's account no longer appears in the search list.

 

The User may reactivate his account at any time.

 

15.2. Termination of the Member account

 

Intervener's account

 

Each Intervener may terminate his registration on Marypop at any time by requesting the closure of his account without reason and without charge other than those related to the transmission of his request or in the section My account, Disable my account, Unsubscribe. In order to close an account, no Mission must be in progress. A Participant Member who wishes to close his account while a Mission is in progress must first cancel his Mission(s).

 

For Intervenors with a Subscription in force on the day of the termination request, this request does not entail reimbursement for the period remaining until the end of the Subscription.

 

Applicant's account

 

Each Applicant may terminate his registration on Marypop at any time by requesting the closure of his account for no reason and without charge other than those related to the transmission of his application or on his profile by clicking on the profile modification pencil and by clicking on "Unsubscribe" and clicking on "Yes

 

If the Applicant has one or more Missions in progress, he must first cancel his Mission(s).

 

Article 16.           Validity

 

If any of the provisions of these General Terms and Conditions are invalid under a rule of law or a law in force or following a final decision of a competent court, such provision shall be deemed unwritten, but shall not entail the invalidity of the said General Terms and Conditions.

 

Article 17.           Applicable law - Jurisdiction - Alternative dispute resolution

 

These General Terms and Conditions are governed by French law.

 

In the event of a disagreement between Marypop and the User, and when this disagreement could not be settled as part of a prior written complaint directly to Marypop customer service via the address legal@marypop.com, the User may use a consumer mediator free of charge in order to resolve the dispute between him and Marypop. The User may also refer the matter to the European Ombudsman, whose contact details and referral procedures are available on and http: //ec.europa.eu/consumers/odr/.

 

Any disagreement or dispute that is not settled amicably shall be settled either under the Code of Civil Procedure, the court of the place where the defendant resides or the place where the Mission is carried out, or under the Consumer Code, the court of the place where the Claimant resided at the time the contract was concluded, unless rules of public policy confer jurisdiction on other courts.