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Terms & Conditions

ABOUT 

PopMark offers a website facilitating short-term commercial rental between owners of a commercial space “space owners” and people who need space “tenants”. PopMark is not itself a party to any such rental transaction and is not a contracting agents or representatives of any Space Owner ( Landlord), Tenants, or Vendors, and disclaims all liability arising from or related to any such transactions to the fullest extent permitted by law. PopMark collects and transfers payment from the tenant to the landlord and we act on behalf of a landlord collecting payment.

OVERVIEW

This website is operated by PopMark. Throughout the site, the terms “we”, “us” and “our” refer to Popmark. Popmark offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

By using our services you agree and understand that Popmark is not involved in any agreements entered between Landlords (space owners), or Tenants (space occupiers)  nor is Popmark a real estate broker, agent or insurer, even if tenants and landlords use the standard community rules (as defined below) for their agreement. Popmark has no control over the conduct of Space Owners or Tenants and other users of its service and disclaims all liability in this regard to the maximum extent permitted by law.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ONLINE MARKETPLACE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Popmark does not provide any of the products or services advertised or offered by Landlords or Tenants. We do not endorse any Landlord  nor do We guarantee the quality of their goods or services. Any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to products and services offered through the Popmark marketplace are not provided by us and are specifically and solely between the tenant and landlord. Any transaction you enter into is strictly between the Tenant and Landlord. Popmark is not a party to that transaction. Any dispute you have with a Landlord or Tenant is between you and the Tenant/Landlord, and We will not be a party to that dispute, except regarding your use of the Site.

PRODUCTS AND SERVICES

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. PopMark may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Booking Space

Tenant

Prospective Tenants may make a Booking Inquiry for a Space through PopMark’s web platform by providing the desired Start and End date, and a detailed message of the activity that will take place during the booking. The Space Owner will then accept or deny the booking request. If the offer is accepted, you will enter into an agreement with the Space Owner on either PopMark’s terms, or specific terms advised by the landlord. The Tenant will also include any information required by the Space Owner ( landlord) or PopMark. Payment is submitted by providing a debit or credit card. By booking a Space using PopMark’s platform, you represent and warrant the following.

As a Tenant, the booking will not be considered complete until payment is received and legal documents ( such as a short term retail agreement, or license) is signed by both the Tenant and Space Owner.

Any changes or alterations made to the space has been agreed upon and accepted by the Landlord as stated in the agreement.

You are, at all times while using the Services, to be compliant with all Applicable Laws, Tax requirements, and any other regulations that may apply to the Space as noted in the Space Details, the lease and any other legal agreements, or communicated to you through messages with a Popmark representative or the Space Owner ( landlord) and that you agree to any terms and conditions set out in the Space Details or Agreement.

By using the PopMark website to access PopMark’s database of available properties, Tenants agree that they shall not make rental payments in respect of properties they have found on PopMark’s website directly to the Landlord other than with the prior written agreement of PopMark.

Tenants must comply with the terms of their agreement with the Space Owner (landlord)  including any special terms or requirements that may be specified by the Landlord.

Space Descriptions

Tenants are responsible for satisfying themselves that a listed property fits their requirements, both as regards the specific features and facilities at the property and as regards the location.

PopMark  does not warrant or represent that properties listed by Landlords are of suitable condition to be let or that Landlords have the right to enter into rental contracts in respect of the properties listed by Landlords and to receive rental payments in respect of the properties. PopMark is not responsible and does not verify the legality, accuracy and completeness of the description of all properties and related terms posted on the Website.

PopMark disclaims all liability for the legality, accuracy or completeness of any rental offers or content posted by Landlords and in respect of any proposed rental contract that fails to complete for any reason whatever.

INSURANCE

PopMark is not responsible for insurance of a property, and tenants are responsible for insurance against risks associated with occupying a retail premise, or a space otherwise specified by the landlord. PopMark highly recommends that the tenant and landlord have the appropriate insurance for renting out a short term space. Please make a PopMark representative aware of this if you need help getting insurance.

RENTAL AGREEMENTS

Rental contracts are made exclusively between Landlords and Tenants. PopMark is not a party to any rental contract, or negotiation to any rental contract, and does not fulfil any obligations derived from the contractual relationship between Landlords and Tenants. PopMark does not make or accept any offers, either in its own capacity or on behalf of either Landlords or Tenants or any other party. PopMark disclaims all liability arising from or related to any rental contract to the fullest extent permitted by law.

PopMark highly recommends that all Landlords and Tenants accept the terms of a written contract before entering into an agreement. If the Landlord does not provide this contract, Popmark may provide short-term license and lease agreements that contain industry-standard wording for use as default agreements. By agreeing to the terms contained in these agreements, the parties agree to honor them. Popmark does not require you to use a particular contract, and is not liable for any content or omissions contained in any contracts it provides, and that Popmark is not acting as an attorney or providing legal services. Popmark recommends that each party review any contracts with a qualified third-party attorney prior to signing.

Listing Space

Landlord

As a landlord, you may create Listings or provide information to a PopMark representative to create a listing for you. You must provide information about the space including location, size, features, availability, pricing and related legal and financial requirements of the space.

If you (“landlord”) use the Services on behalf of a company or other organisation, you represent and warrant that you are authorised to bind such company or organisation to these Terms and to act on behalf of such company with respect to any actions you take in connection with the Services and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Once you submit a Listing, the Listing will be made publicly available via our Website.

Other Tenants will be able to book your commercial space via the Website, based upon the information provided in your Listing.

PopMark reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that PopMark, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to our Website, Phone Application or Services.

You agree that you are responsible for any and all Listings you post. You further represent and warrant that any Listing you post

  • will not breach any contracts or agreements you have entered into
  • will be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any space included in a Listing you post
  • In a safe condition and in compliance with law and any applicable building requirements; no known risk would be posed to the tenant or any guests that may enter into the space
  • Ready to use at the start of each booking period and will be available to the tenant to occupy as agreed upon by the Landlord and Tenant.
  • Does not violate any lease or other agreements relating to space or any building policies, and you are solely responsible for and shall indemnify PopMark against any fines, losses or other liability arising from such violations

Please note that PopMark assumes no responsibility for a Landlord’s compliance with any applicable laws, rules and regulations.

As a Landlord, you will confirm any reserved Spaces within 24 hours of the Booking Request or the Booking could be automatically declined.  After the Landlord has confirmed a Booking, then the Tenant will be charged the full Transaction Amount by PopMark. The Transaction Amount will include the following:

  • Processing Fees or Taxes
  • PopMark’s Service Fee
  • Full Price of the Property, to be paid to the Landlord

PopMark serves as the limited authorized agent of the landlord for the purpose of accepting payments from tenant on behalf of the landlord and is responsible for transmitting such payments to the Landlord. Each landlord is responsible for determining applicable Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in their Listings.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of .

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at connect@thepopmark.com.

INSURANCE

You understand and agree that PopMark does not act as an insurer or as a contracting agent for you as a Landlord. If a tenant requests a booking of your commercial space and attends at your commercial space, any agreement you enter into with such tenant is between you and the tenant and PopMark is not a party thereto. You acknowledge and agree that, as a landlord, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who work at or are otherwise present at the commercial space at your request or invitation.

Popmark recommends that Landlords obtain appropriate insurance for their commercial spaces. Please review any insurance policy that you may have for your space carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Tenants (and the individuals the Brands may invite to the space, if applicable) while the Tenant is at your property.

Cancellation Policy

CANCELLATION POLICY

Tenants

If the tenant cancels the booking within the first  24 hours of the booking being completed, the tenant will be funded your full booking cost. Service fees will not be refunded. Cancellations aren’t allowed if it has been more than 24 hours since the booking has been paid. The rental cost and service fees will not be refunded.

Landlords

If the landlord cancels your booking the full booking cost will be refunded to you. Service fees will not be refunded. If a landlord does not respond to a booking request in 24 hours, Popmark reserves the right to cancel the booking request and the full booking cost and services fees will be refunded.

Service Fees

Landlords

To help cover the costs of processing guest payments, we may charge landlords a 3% service fee every time a reservation is completed. The amount of this service fee is calculated from the reservation subtotal (before fees and taxes).  

Tenants

To help cover the costs of running Popmark, we charge tenants a service fee every time a booking is made. The amount of this service fee is 10% or based on a percentage of the reservation subtotal (before fees and taxes).The exact amount of the service fee is displayed before tenants confirm a booking.

SPACE TOUR DEPOSIT 

A $100 deposit is required to view any space before booking. If you choose not to book the space, this will be refundable.

If you chose to book, it will be applied to your booking total.

Please note if a booking is completed off platform, you will not be entitled to a refund.

CONDITIONS OF USE

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Use our sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites;

Upload content or items that are, in our sole judgment, lewd, inappropriate, or of a sexual nature;

Collect or harvest information about Site Members, including but not limited to use of robots, spiders, or similar means

Use information on the Site to send unsolicited email to Members

Violate any laws, rights of third party or our policies;

Change or interfere with other users’ listings;

Upload false, inaccurate, misleading, defamatory, or libelous content (including personal information);

Distribute or upload spam, viruses, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes

Use or distribute information about other users, including email addresses, without their prior written consent.

Create false, fake, or misrepresented  listings

You will only use our website and the commercial spaces booked through our platform for lawful purposes. You will not use our website and the commercial offering in our website for any illegal or immoral purposes, including but not limited to pornography, drug use, gambling or prostitution, or any other purpose reasonably likely to reflect negatively on PopMark or any landlords.

You will not install, remove or modify any fixtures, equipment, machinery or appliances in the commercial spaces you are booking unless otherwise agreed upon in writing with the Landlord.

You are responsible for leaving the commercial Spaces you are booking in the condition you received it in.

Neither the Company nor any Landlord is responsible for any property you may leave behind in a Space.

You may be held liable (and do hereby authorize the Company to charge you) for the repair cost for all damage to the commercial Spaces and items therein during your use thereof.

You may be held liable (and do hereby authorize the Company to charge you) for any items, which are taken from the commercial Spaces.

You do further acknowledge that your use of the commercial Spaces through PopMark constitutes a limited, non-exclusive, non-transferable license on the terms set out herein.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment made hereunder, you must notify Popmark in writing within thirty (30) days of such payment or from when you purported such payment would have been due, whichever is earlier. Failure to notify Popmark shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Popmark. No other measurements or statistics of any kind shall be accepted by Popmark or have any effect under this Agreement and you shall have no audit rights hereunder. We may withhold any taxes or other amounts from payments due to you as required by law.

For information on Cancellations, please review our Cancellation Policy.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Popmark, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Popmark and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).