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LEGAL TERMS AND CONDITIONS OF USE

 

Welcome to popthispace.com

The use of the website « http://www.PopThisPlace.com » (hereafter named « the Website ») is subject to the following conditions. By using the Website, the user expressly agrees to these conditions.

 

1. Information Web Editor/Host 

The Website is edited and hosted by the company Urban Green sprl (hereafter named “PopThisPlace”) with registered offices at 1170 Brussels, Avenue des Ortolans 91 and registered with the Crossroads Bank for Enterprises under number 0894.611.501.

The Website provides an online platform that facilitates the contact between owners, usufructuaries, emphyteusis lessees or managers of temporarily vacant real estate spaces (as for example empty shop spaces awaiting construction work, empty concessions, empty spaces waiting for a tenant, etc.) and individuals who are looking to temporarily occupy these spaces (hereafter named “Space”).

 

2. Applicable conditions

Every use of the Website and every reservation of a Space made by a user, consumer or non-consumer, through the Website is subject to, in its relation to PopThisPlace, these conditions, excluding all others.

 

3. Definitions

Space: vacant space for a precarious occupation and on which the law on commercial leases, the law on main residence leases and the land lease law does not apply.

Agreement: precarious occupation agreement.

User: Any person who uses the Website, including Members, the Advertising Members and Using Members.

Member: the term "Member" refers to any User who is identified on the Website by creating an account through the registration process.

Advertising Member: a "member" who places an advertisement on the website with regard to a temporarily vacant location of which he is the owner, usufructuary, emphyteusis lessee or owns the management rights.

Using Member: a "member" which requires additional information and / or a reservation of a temporary vacant location on the Website.

Advertisement: an offer of a Space on the Website.

User-account: the term "User-account" includes all information necessary to identify a User on the Website to access the members-only area.

Password: the "Password" is a confidential information, which the User has to keep secret, which allows him, when used together with his user-account, to prove the authenticity of his identity.

  

4. Access to the website

PopThisPlace is intended for individuals who are at least 18 years old. Any access or use of the Website by anyone under 18 is strictly prohibited. By using the Website, the User declares and guarantees that he is 18 years or older.

All costs related to the access to the Website and its services, i.e. material costs, software costs or costs for access to the Internet, are at the expense of the User.

The User commits to not use the Website in a manner for which he / she can be held civilly or criminally liable. The User will amongst others not divulgate any information that is illegal, defamatory or contrary to public policy, through the Website.

PopThisPlace reserves the right to refuse access to all or part of the Website (in particular, to an Account and / or Advertisement) and to terminate this Agreement, unilaterally and without prior notice, to any User who does not comply with these conditions of use, and amongst others in the case of multiple accounts and / or in case of suspected fraud or actual fraud and / or if the data transmitted by the User turns out to be inaccurate, obsolete or incomplete.

PopThisPlace reserves the right, at any time and for any reason, to modify or interrupt the access to the Website, in part or in whole, temporarily or permanently, without having to priory inform the User. This will be the case, for example, in the case of maintenance of the Website, or if the safety requires it. PopThisPlace is not liable for any direct or indirect damages related to the modification, suspension or interruption of access to the Website, for any reason whatsoever.

 

5. Liability

PopThisPlace, its directors, shareholders, agents and employees, only have an obligation of means for the accessibility and functionality of the Website and for all stages of the booking process, or any other service offered and its consequences, which the User expressly accepts.

PopThisPlace, its directors, shareholders, agents and employees shall not be held liable for any direct and / or indirect damages that the User suffers as a result of or in connection with the use of the Website and / or its content and its consequences, as well as the internet connection (including delays, defects, viruses, and general damage to the equipment of the User, the loss of data, interruption of service, etc.) .

By way of example, the website includes information and Advertisements from third parties. PopThisPlace cannot be held liable for the content of that information, these Advertisements and the consequences of the use thereof. The User is solely responsible for the use he makes of it, and fully discharges PopThisPlace.

 

6. Accounts and Advertisements

Users wishing to place an Advertisement must create an account and can then place their offers through the tab "List your space". The Advertisements that comply with these conditions are published on the Website after validation by PopThisPlace within 24 to 48 hours.

The User seeking information about an Advertisement and / or who would like to reserve a Space should first create an account.

Each User can only create one account Advertising Member and / or Using Member. The Member agrees not to divulgate the password linked with their account Advertising Member and / or Using Member.

The Members declare, at the express request of PopThisPlace and which for the latter constitutes a determining condition of the conclusion of the Agreement, that the accounts and Advertisements that they create do not violate the rights of third parties and comply fully with all legal, contractual and regulatory provisions that could prevent, restrict or regulate the creation and use of accounts and / or the publication of Advertisements.

For the purposes of these conditions, the Members give a non-exclusive license of the rights to PopThisPlace, including intellectual property rights, associated to the writing and lay-out, in whatever form and whatever format, of their account and / or their Advertisements, only for the purpose and duration of the present conditions. This license includes amongst others the right to reproduce, represent, adapt, modify, correct and translate the account and the Advertisement in an electronic format.

PopThisPlace has no real right with regard to the Spaces. PopThisPlace is in no event a party to the Agreement which is binding upon the Members and shall in no event be liable for the rights and obligations stipulated in it. PopThisPlace can at best be considered as a representative of the Members in de framework of the execution of the payments due by the Members.

 

7. Commission fees – invoicing

By publishing an advertisement on the Website, the Advertising Member expressly mandates PopThisPlace to accept in his name the amounts paid by the Using Member in the execution of the Agreement.

These amounts are transferred to the Advertising Member after deduction of a commission fee of 15% of the amounts due by the Using Member pursuant to the Agreement (excluding the eventual guarantee), increased with VAT, and covering the operating costs of the Website and the performed services in this context by PopThisPlace, which the Advertising Member expressly accepts.

In case the Using Member does not pay the due amounts in execution of the Agreement to PopThisPlace, for any reason it may be – including in case the Using Member pays directly to the Advertising Member-, the Advertising Member remains bound to pay the commission fee.

The invoicing happens through an electronic format. Invoices will be sent by email in PDF format to the address listed in the Account of the Advertising Member. In case the payment was not made according to the abovementioned paragraph 2, they are payable upon receipt.

PopThisPlace guarantees the authenticity of the origin of the invoices in electronic form, as well as the integrity of the content and the readability. The Advertising Member expressly accepts the probative force of these electronic invoices. Any remarks regarding the invoice shall be notified by registered mail within 5 calendar days after the invoice date to PopThisPlace, otherwise the invoice and the related services will be considered as unconditionally accepted.

The lack of payment of an invoice on the expiry date, leads simultaneously, automatically and without prior notice to the payment of:

a) the debit of default interest at a contractual rate of 12%,

b) the debit, by way of a fixed and irreducible compensation for administrative costs, to an amount equal to 15% of the outstanding principal amount, with a minimum of 50 €.

In case of late payment, PopThisPlace reserves the right to refuse any performance with regard to the Using Member or Advertising Member.

No remark, of any kind, exempts the Using Member or the Advertising Member from respecting the payment terms.

 

8. Warranties

Users, acting in their own name or in the name and on behalf of the members of their group, their shareholders, directors, employees, agents and franchisees, for which they are guarantee, guarantee PopThisPlace unconditionally against any right, action or claim which could be introduced against PopThisPlace by another User and / or third party as a result of or in connection with the execution of this Agreement, including in connection with the creation of an account of an Advertising or Using Member, the Advertisement, its placement and its consequences, and amongst others the conclusion of the Agreement and the Space made available subject of an Advertisement by an Advertising Member.

PopThisPlace gives no warranty of any kind to the Users, which the Users expressly accept.

For example:

• The Spaces linked to an Advertisement, and their availability and conformity are not guaranteed by PopThisPlace;

• PopThisPlace also does not guarantee any answer to the Advertising Member, of any kind, from the Using Members of the Website after placing an Advertisement.

 

9. Privacy

The personal data transferred when using the Website are contained in a file managed by PopThisPlace in accordance with the provisions of the Act of 8 December 1992 on the protection of privacy. They are processed for the execution of each request and / or reservation that is made through the website, as well as for sending information, offers, commercial actions by PopThisPlace and its Advertising Members. They can be transferred to its partners for the same goals. 

By using the Website, the User agrees to such processing, and guarantees that the data that he / she transfers are at any time correct, updated and complete.

The User shall at all times have the right to access and to rectify its personal data and have the right to oppose, free of charge and without giving reasons, to the processing and transfer of the data, by e-mail to hello(at)popthisplace.com.

The lack of a transfer of all or part of the necessary data can lead to the inability or refusal on the part of PopThisPlace to provide, manage or perform the services offered on the Website.

For questions regarding the protection of personal data:
Urban Green sprl
Avenue des Ortolans 91
1170 Brussels
tel: +32 477 59 20 63
Email : hello(at)popthisplace.com

 

10. Cookies

The Website uses cookies. A cookie is an IT file stored on the device of the User. Cookies allow PopThisPlace to distinguish the User from other Users in order to better meet their needs when they visit the Website. Cookies also allow PopThisPlace to improve the Website. 

PopThisPlace uses different types of cookies:

1. The "session cookies". These cookies are necessary to maintain the User session and inform the PopThisPlace server about the pages to display. These cookies expire after the User session. Nothing is stored on the User’s device after his visit on the Website.
2. The "Persistent cookies" are stored on the User’s device between sessions, which allows PopThisPlace to remember the preferences or user actions on the Website.
3. The "Internal cookies" originate from the Website.
4. The "third party cookies" originate from other domains.

The use of session cookies and internal cookies does not require the prior consent from the User when they are necessary for the operation of the Website.

The use of all other cookies requires the prior consent of the User, the latter acting via a function of consent ("opt-in"). If the User consents to the use of all or part of these cookies, PopThisPlace will use a persistent cookie that will save the User preferences with regard to cookies for future visits to the Website.

The Cookies are safe. A cookie never gives access to the User’s device or any other information than the one that the User chooses to share.

The User can limit the use of cookies or disable them using the settings or options of his browser. Via the browser, the User can inspect and clean all or some cookies that are stored on the device. The User can find instructions in this regard by visiting the "Help" menu of his browser. The Website or some of its features are then likely to not work any longer. 

The Website uses the following cookies:

COOKIE name

COOKIE Description

CART

The association with your shopping cart.

CATEGORY_INFO

Stores the category info on the page, that allows to display pages more quickly.

COMPARE

The items that you have in the Compare Products list.

CURRENCY

Your preferred currency

CUSTOMER

An encrypted version of your customer id with the store.

CUSTOMER_AUTH

An indicator if you are currently logged into the store.

CUSTOMER_INFO

An encrypted version of the customer group you belong to.

CUSTOMER_SEGMENT_IDS

Stores the Customer Segment ID

EXTERNAL_NO_CACHE

A flag, which indicates whether caching is disabled or not.

FRONTEND

You sesssion ID on the server.

GUEST-VIEW

Allows guests to edit their orders.

LAST_CATEGORY

The last category you visited.

LAST_PRODUCT

The most recent product you have viewed.

NEWMESSAGE

Indicates whether a new message has been received.

NO_CACHE

Indicates whether it is allowed to use cache.

PERSISTENT_SHOPPING_CART

A link to information about your cart and viewing history if you have asked the site.

POLL

The ID of any polls you have recently voted in.

POLLN

Information on what polls you have voted on.

RECENTLYCOMPARED

The items that you have recently compared.

STF

Information on products you have emailed to friends.

STORE

The store view or language you have selected.

USER_ALLOWED_SAVE_COOKIE

Indicates whether a customer allowed to use cookies.

VIEWED_PRODUCT_IDS

The products that you have recently viewed.

WISHLIST

An encrypted list of products added to your Wishlist.

WISHLIST_CNT

The number of items in your Wishlist.

 

11. Fraud

The Users undertake to:

 - Inform PopThisPlace immediately in case of suspected or actual fraud with regard to the Website;

- Cooperate with PopThisPlace and give their full support if the latter has a suspicion of a fraudulent activity related to the Website and would decide to contact the police and, more generally any competent authority in order to proceed to an inquiry or investigation ;

- Take all the necessary and useful measures to, on the one hand, avoid that a fraudulent activity in connection with the Website happens and, on the other hand, end the fraudulent activity in connection with the Website.

 

12. Property rights including intellectual rights

The domain name of the Website, as well as its form and content (hereafter named “the elements”), are and remain the exclusive property of PopThisPlace, with the exception of the Elements which are part of the Advertisement. This applies in particular to the trademarks, pictures and logos appearing on the Website. The appearance of the elements does not in any way grant any license or right to use them, wholly or partly, without the prior written consent of PopThisPlace or eventual rightful beneficiary.

Unless expressly authorized for this purpose by PopThisPlace, the User is not authorized to modify, reproduce, rent, loan, sell, distribute or create derived works based wholly or partly on those Elements;

 

13. Updates – Modifications

PopThisPlace expressly reserves the right to modify/ include / remove without prior notice all content and/or all functionality of the Website, including these conditions of use.  

 

14. Applicable law and litigation

The use of the Website is subject to Belgian law. Any dispute that may arise with regard to the Website falls under the exclusive competence of the Courts and Tribunals of the judicial district of Brussels. This jurisdiction clause is only stipulated for PopThisPlace, which can only waive it.

 

15. Contact

For any question or remark with regard to the use of the Website (including privacy of personal data maters), the User can send a message via the tab “contact-us”. The confidentiality and safety of your message cannot be guaranteed upon reception.