Date of last revision: 26.10.2022
BY ACCESSING OR USING THE MYPOP APPLICATION, ANY VEHICLE AND/OR SERVICE OFFERED BY MYPOP, YOU, THE USER, ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE WITH THE TERMS AND CONDITIONS OF MYPOP AS SET FORTH BELOW (THE “AGREEMENT” OR THE “TERMS AND CONDITIONS”) – AND THE TERMS AND CONDITIONS OF MYPOP INSURER “MOBILITY SAFE 1 – 0096-B3310A0000.08-01022019” . IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF MYPOP AND THE TERMS AND CONDITIONS OF THE INSURER, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE MYPOP APPLICATION, ANY VEHICLE NOR ANY SERVICE OFFERED BY MYPOP.
POPPY MOBILITY NV, a public limited liability company having its registered office at Sanderusstraat 25, 2018 Antwerp, Belgium and registered with the Register of Legal Entities of Antwerp, with company number 0681.505.370 (hereinafter referred to as "MyPop") has developed an application offering a mobility sharing solution consisting in the renting by MyPop of Vehicles made available to its Users for use as provided in these Terms and Conditions (the “Services”).
Terms written with a capital letter in this Agreement shall have the meaning as ascribed to them in this Article 1 or the meaning indicated where they are used.
“Account” means the personal user account created in the Application by the User upon its registration, including personal data.
“Agreement” or “Terms and Conditions” refers to the present document, being the agreement between the User and MyPop for the Services.
“Application” means the mobile application managed by MyPop which enables Users to use the Services and the Vehicles as per these Terms and Conditions.
“Business Day” means every day from Monday to Friday with exclusion of Saturday, Sunday or any public holiday in the applicable jurisdiction of Belgium.
“Billing Date” is the day of the month on which the Vehicle was delivered to the User, starting the payment of the User’s MyPop Membership and on which the MyPop Membership is renewed for each subsequent month.
“Billing Period” is the one (1) month period starting on each Billing Date.
“Calendar Day” or “Day” means every day (24 hours) of the week from Monday to Sunday.
“Deposit” is the amount of money equivalent to one (1) time the Monthly Fee that the User will be requested to transfer to MyPop upon subscription, before using the Services.
“Fees” encompasses the Monthly Fee and any additional fee or cost related to the Services.
“Kilometers Balance” is, at any given point, the number of kilometers a User may drive the Vehicle without incurring additional Fees over the Monthly Fee.
“Kilometers Credit” is a fixed number of kilometers included in the Kilometers Balance at each Billing Date and which is included in the Monthly Fee.
“Monthly Fee” is the Fee the User is liable to pay to MyPop in order to receive the Services and to use the Vehicle and which includes the monthly Kilometer Credit.
“MyPop” or “we” means a business unit of Poppy Mobility NV, public limited liability company having its registered office at Sanderusstraat 25, 2018 Antwerp, Belgium and registered with the Register of Legal Entities of Antwerp, with company number 0681.505.370.
“MyPop’s Customer Support” refers to MyPop’s customer support, available by phone at +32 2 586 20 44 or via e-mail at email@example.com, it being understood that any urgent matter must be communicated by phone.
“MyPop Membership” is the membership of a User allowing them to use the Services during a period beginning with the delivery of a Vehicle and ending when the User or MyPop terminates the Agreement in accordance with these Terms and Conditions.
“Service(s)” means the mobility sharing services provided by MyPop through the Application to enable Users to drive a Vehicle and subscribe to MyPop Membership in accordance with these Terms and Conditions.
“User” or “you” is the natural person who subscribes to the Application and uses the Services, subject to the terms and conditions of this Agreement.
“Vehicle” is a car owned or leased by MyPop and made available to a User through the Application.
Subscription and identification process
- The Application shall be downloaded by the User on their personal device. Upon subscription, the person wishing to become a User must at least provide the following information:
- name and surname;
- date of birth;
- Application login details (email address and password);
- domicile address;
- phone number;
- credit card details or any other information as might be requested by MyPop and/or the third party payment provider, as applicable, to enable (i) User to pay and (ii) MyPop and/or the third party payment provider to receive the Fees or any other amounts due in application of the present Agreement;
- all documents as requested by MyPop for identification and insurance purposes such as a copy of the driver’s license and/or the ID card;
- any other information as requested at any time by MyPop, electronically of physically, to enable MyPop to make the Application and Services available to the User and to verify the User’s compliance with the requirements to be acknowledged as such.
- Every User must also provide a declaration on oath (“verklaring op eer”/”déclaration sur l’honneur”) by checking the boxes confirming they agree on an ongoing basis at all times during their use of the Services with the following statements:
- “I have my driving license B for at least 24 months and I had no license withdrawal over the last 5 years”
- “I had not more than one damage claim in fault in the last 5 years.”
- “I will not drive under the influence of alcohol, drugs, medicines or other substances that might reduce my ability to drive.”
- “I have not been refused by a motor liability insurer the last 5 years; my motor liability insurance has not been terminated in any way by the insurer over the last 5 years.”
- “I have no disabilities or illnesses that might reduce my ability to drive.”
- “I agree that in case of non-compliance with the MyPop general terms and conditions, I am personally liable for all damage to the Vehicle and to third parties.”
- “I understand that the insurer has a right of recourse against me or may refuse the coverage in the events foreseen in the terms and conditions of the insurer.”
- The User acknowledges and agrees that MyPop may, in order to verify the User’s identity and the provided information, contact any insurance companies, credit reference agency, and any authority or any other intermediaries offering identity-verification services, as well as provide those entities with information in case of request from such entities.
- MyPop will determine, upon its sole discretion, whether a person is accepted as User and shall so notify the User via the Application or by email, and unlock the features only available to Users. MyPop may, at any given time, decide to withdraw its acceptance of a User.
- The User acknowledges that their Account is strictly personal and may not be used by any third-party. The User acknowledges and expressly agrees that it is strictly forbidden for Users to give, lend, sell or otherwise transfer their Account to third parties. If a User has reason to believe that a third party is using their Account (e.g., in case of loss or damage of the Application/mobile phone), they shall immediately notify MyPop’s Customer Support.
- The Application shall be considered as a digital content or as digital services and, for the time during which it is to be supplied to a User under the Agreement, MyPop warrants that it is in conformity with the requirements set forth in the Agreement. In the case of any lack of conformity, the User is entitled to benefit from legal guarantee and the remedies available under the applicable legal framework, in particular Articles 1701/1 et seq. of the Old Civil Code. This legal guarantee is only valid in case of lack of conformity of the Application. It is not applicable to any lack of conformity of the other Services, especially the rental of the Vehicle.
- The functionalities of the Application, including applicable technical protection measures, as well as any relevant compatibility and interoperability, are described in the Application and on the Website.
- The Application shall be regularly updated, especially with updates, including security updates, that are necessary to keep it in conformity for the period of time during which it is to be supplied under the Agreement. The User shall be informed about the availability of any update and the consequences of the failure to install it. The User shall install any update in due time. Where the User fails to install it, within a reasonable time, MyPop shall not be liable for any damage incurred by the User or any lack of conformity resulting from the lack of the relevant update.
Use of the Services and Vehicles
Only Users may use the Services in accordance with the present Agreement, it being understood that the rights granted to any User shall at all times be limited rights of use and shall under no circumstances be considered as a transfer of ownership of the Vehicles.
The MyPop Membership grants the Users access to the Services and to a MyPop Vehicle during the MyPop Membership period for a fixed Monthly Fee.
Booking of a Vehicle and Deposit
- In order to rent a Vehicle, the Users shall select an available Vehicle by using the Application. All bookings are subject to availability and MyPop cannot guarantee that a booking made through the Application will be accepted by MyPop or executed.
- After MyPop has processed a User booking and confirmed that MyPop is able to fulfill it, the User will receive a written confirmation of their order and will be requested to deposit an amount of money equivalent to the amount of one (1) Monthly Fee for the ordered Vehicle (the “Deposit”). Once the Deposit is received by MyPop, the User shall be provided with the confirmation of the concluded Agreement, by email, at the latest before the performance of the Services begins.
- Technical means for identifying and correcting input errors prior to the placing of the order are implemented in the Application.
- Pursuant to Article VI.53,12°, of the Belgian Code of Economic Law, the User has not right of withdrawal for the Services.
- A User may cancel their order at any time, without incurring any costs in relation to the order, as long as they have not yet taken possession of the ordered Vehicle. In this case MyPop will refund the Deposit and the first Monthly Fee (if already paid) as soon as reasonably possible and in any case within fourteen (14) Days after receipt of the cancellation (to be sent to MyPop’s Customer Support). In the event that a User cancel their order within three Business Days prior to their chosen Delivery Date, a cancellation Fee may apply.
Delivery of a Vehicle
- Once MyPop has received a User’s Deposit, MyPop will reach out to said User to plan the delivery of the Vehicle to the address chosen by said User in Belgium. Unless specified otherwise, a delivery Fee will be charged.
- Upon delivery, the User will be requested to produce proof of identity (through the driver’s license used for registration) and to sign for delivery.
- If for any reason, a User does not take delivery of their Vehicle in accordance with the chosen delivery location and date, MyPop will charge the User for the cost of returning the Vehicle. This can happen when the User is not at the agreed location at the time of delivery or if the person present cannot provide the correct driver’s license that was used during the concerned User registration.
- Prior to accepting the Vehicle, the User must perform a Vehicle inspection together with the person who delivers the Vehicle, by conducting an exterior walk-around and visual inspection of Vehicle exterior for damage and documenting this with the appropriate pictures. An internal inspection must also be performed and reported in the same manner. In case of any damage to the Vehicle, the User shall clearly indicate this to the person in charge of the Vehicle delivery. The risk of loss or damage of the Vehicle passes to the User at the moment they take physical possession of the Vehicle by receiving its key. If the User fails to report any damage or defect which could easily be noticed by the aforementioned external and internal inspections or immediately after starting the engine and which was not reported at the time of the aforementioned inspections or at the latest immediately after starting the engine, the User shall be held responsible for the damage or defect.
Duration and termination of MyPop Membership
- A MyPop Membership starts on the Day a User receives a Vehicle and will initially last for one (1) month and will then be automatically renewed every month (each month being another “Billing Period”) at the Billing Date.
- The User may terminate their MyPop Membership at any time by giving written notice via the MyPop App or by contacting MyPop’s Customer Support at least fourteen (14) Days prior the next Billing Date.
- Any termination notice issued later than fourteen (14) Days prior to a Billing Date will not take effect at said Billing Date but only at the following Billing Date.
- After the issuance of the termination notice, the MyPop Membership will continue until the applicable termination date and the User will be able to use the Vehicle until it is returned to MyPop on basis of the received instructions.
- MyPop will contact the concerned User with instructions for the picking up of the Vehicle. If the Vehicle is not returned to MyPop within the stipulated date and time or could not be picked up by MyPop at the stipulated date, time and location, MyPop will reclaim the Vehicle unilaterally. The User will then also be liable to a compensation of 50 EUR per Day that the Vehicle was not returned, without prejudice to all costs borne by MyPop for the picking up the Vehicle that must be reimbursed fully by the User.
- The condition of the Vehicle at the date of termination of the Agreement must be identical to the state of the Vehicle at its delivery. The User is liable for all costs arising from the fact that the Vehicle does not meet this requirement. In case of a dispute relating to the condition of or damage to the Vehicle, a recognized expert will be appointed by MyPop to determine the condition of the Vehicle and estimate the cost of its cleaning and/or repair in accordance with this Agreement. Any loss, dirt or damage will be attributed to the User, who may however submit proof that they are not involved.
- After the Vehicle is returned to MyPop and that the perfect condition of the Vehicle is verified, MyPop will reimburse the Deposit.
- MyPop shall at all times be entitled, at its discretion, immediately or temporarily, to deactivate or suspend an Account or to terminate the Agreement immediately upon notice via MyPop’s Customer Support or via firstname.lastname@example.org if one of the following events occur, or if MyPop has reasonable reasons to believe such event occurred:
- the User’s driver’s license is revoked, withdrawn, suspended or restricted, or the User is disqualified from holding or obtaining a driver’s license;
- the User fails to pay the Fees or any other amounts due under this Agreement;
- a third party uses and operates the Vehicle;
- the User commits a criminal or immoral act or any violation of the applicable traffic laws; or
- in general, the User does not comply with the applicable legal framework or with this Agreement, irrespective whether by negligence, gross negligence, wilful misconduct or otherwise.
- In case of deactivation or suspension of the Account or termination of the Agreement, the User shall no longer be entitled to use the Application, the Services and the Vehicle for the duration of such deactivation or suspension, as the case may be and paragraphs 5 to 7 of this article shall apply.
- The Monthly Fee includes a monthly mileage credit of one thousand kilometers (1.000 km) for each Billing Period (“Kilometers Credit”) which is included in the Kilometers Balance at each Billing Date. You can travel this distance with the Vehicle without additional costs over the Monthly Fee.
- On each Billing Date, the Kilometers Balance will be topped up with a new Kilometers Credit, and any kilometer in the Kilometers Balance that has not been used up (i.e., driven with the Vehicle) in the previous Billing Period(s) will remain available in the Kilometers Balance for future use. In other words, the Kilometers Credit can be cumulated within the Kilometers Balance over the duration of the MyPop Membership.
- In the event that a User drives more kilometers than the accumulated Kilometers Credits in their Kilometers Balance, each extra kilometer will be charged at the rate of EUR 0.10 per kilometer (including VAT) at the end of said User’s MyPop Membership.
- If the amount of extra kilometers to the Kilometers Balance exceeds five thousand kilometers (5.000 km), the User must actively communicate this information to MyPop’s Customer Support. The User will then be charged for these additional kilometers and the Kilometers Balance will then be reset to zero.
- Each Account and Vehicle is strictly personal: a Vehicle may only be used and operated by the User through whose Account the Vehicle is booked. The User expressly acknowledges that it shall in no event allow any third party to use and operate a Vehicle with the User’s Account. Notwithstanding the foregoing, a third party shall be entitled to use the Vehicle as a passenger when the User themselves is using and operating the Vehicle.
- Without prejudice to any prohibition, obligation or guidelines with respect to the use of a Vehicle as set out in this Agreement or by law, the User undertakes:
- to use and operate the Vehicle with reasonable care and skill;
- to use and operate the Vehicle in accordance with the operating manual, the driver’s handbook, the vehicle documentation and the manufacturer’s specification;
- to comply at all times with Road Traffic Act of 13 March 1968 and any other applicable statutory rules and regulations relating to the use of the Vehicles on public roads, including any (temporary) changed traffic situation;
- to drive the Vehicle in a safe and fuel-efficient manner; and
- to safely and legally park the Vehicle (a) in any lawful parking space in a public area; or (b) in the User’s private premise.
- It is strictly forbidden to open the hood of a Vehicle without first consulting MyPop and receiving explicit permission to do so.
- The User is liable for all parking charges, penalties, fines or other costs (including cost of re-parking or towing) due to improper use or parking of the Vehicle during their MyPop Membership.
- At the end of each use of the Vehicle, the User must lock the Vehicle and leave it in a proper state, which requires, among others, closing of all the windows (and the roof if applicable), switching all the lights off, and leaving all the documentation provided in the Vehicle.
- In case the User notices any damage, whether minor or significant, to the Vehicle during its MyPop Membership, the User shall promptly notify and report any such damage to MyPop’s Customer Support (+32 2 586 20 44) (preferred) or by email (email@example.com). Any such damage will be attributed to the User, who may however submit proof that they are not involved.
Recharging and Refueling
- The User will monitor the Vehicle’s remaining driving range and the sufficiency of the Vehicle’s fuel level or electric charge, as applicable. If the fuel level or electric charge falls below a remaining driving range of ten (10) kilometers, the User must re-fuel/re-charge the Vehicle.
- The User is responsible for the cost of fuel and electric charge. MyPop shall in no event be responsible and shall not be held liable to reimburse the User if a Vehicle is inoperable due to a lack of fuel or electric charge. The User is responsible for any cost (including any cost of repair) relating the relocation and the refueling or recharging of the Vehicle due to such failure and any other costs resulting from improper recharging and refueling of a Vehicle.
- At the end of the MyPop Membership, when the Vehicle is picked up by MyPop or delivered to MyPop, the fuel tank / battery should be full, identical as to when the Vehicle was delivered to the User (full fuel tank for petrol, diesel, CNG and hybrid cars and/or a full battery for EV and hybrid cars). If this is not the case, a fueling/charging Fee will be charged.
Prohibitions of use
- The User shall have no other rights than the limited user rights granted pursuant to these Terms and Conditions. The User expressly acknowledges and agrees not to claim any ownership rights to the Vehicle.
- The User expressly acknowledges and agrees to be prohibited to (try to) or allow passengers to:
- use the Vehicle for commercial purposes such as providing courier, transport and delivery services;
- rent the Vehicle out, or allow a third party to use it;
- carry dangerous, flammable, toxic or other hazardous substances;
- carry objects that could cause injury or damage, adversely affect safe operations or that are prohibited by law (notably due to their form, size or weight);
- drive in cargo loading areas of ports, stations and airports;
- carry more passengers than there are seatbelts in the Vehicle;
- allow infants and small children to be carried without complying to the law;
- transport animals (except in an enclosed cage in the trunk);
- soil or damage the Vehicle;
- eat or drink such food or beverage that may spill in the Vehicle;
- smoke or use electric cigarettes within the Vehicle;
- remove any items or equipment attached to the vehicle;
- carry out any repairs or modifications or allow a third party to carry out such repairs or modifications;
- tow trailers, vehicles or other objects;
- overload the Vehicle;
- dismantle or tamper with the Vehicle (or attempt to do so);
- commit criminal or immoral acts through the use of the Services or the Vehicle;
- drive while using a mobile communication device that may distract the User while driving;
- drive under influence of any alcohol, drugs or medications;
- use the Vehicle for motor sports, speed trials, speeding contests, driving of racing circuits or racing;
- use the Vehicle to participate in a bet or challenge;
- use the Vehicle for tests, driver training or off-road driving;
- jump-start other vehicles; and
- in general, violate any applicable law when using the Services or the Vehicle.
General notification obligations
Without prejudice and in addition to any other notification obligations as set out in this Agreement, the User must immediately notify MyPop’s Customer Support and cease its use of the Services and the Vehicles, if any of the following occurs:
- if any of the User’s information provided under Article 2 of this Agreement changes;
- if the User no longer complies with the declarations on oath as set out in Article 3 of this Agreement;
- any case of loss of user ID and/or password;
- any revocation, withdrawal, restriction or suspension of the User driver’s license;
- any circumstances which prevent or restrict the lawful use of a Vehicle (e.g. for medical reasons, as a result of offences, or in the event of restrictions imposed by an authority or police force); and
- in the event of an accident with the Vehicle.
In case of an accident
- In the event of an accident involving the Vehicle, or if any damage or injury is caused to any person or property arising from the use of the Vehicle, the User must:
- immediately contact MyPop’s Customer Support by phone at +32 2 586 20 44 and follow the instructions on how to handle the situation and co-operate;
- promptly notify or report to the police, if needed, but in any event if a third party or third party property is injured or damaged;
- stay at the scene of the incident until advised otherwise by MyPop and or by the police;
- abstain from any admissions of liability or of fault to other parties;
- obtain contact information of other parties (including witnesses); and
- complete and return an accident damage report within two (2) Business Days by e-mail to MyPop at firstname.lastname@example.org.
- In the event an accident occurs with an electrical Vehicle, the User must inform the emergency services that the Vehicle involved is an electrical Vehicle.
Fees, Deposit and payments
- The Monthly Fee covers the use of the Services and of the Vehicle for one (1) Billing Period. The amount of the Monthly Fee depends on the type and model of Vehicle chosen and will be shown on the booking screen on the online store. The Monthly Fee is payable each Billing Period, in advance of each Billing Date. The first Monthly Fee will be debited from the User’s means of payment on the date of delivery of the Vehicle (i.e., the first Billing Date).
- After the first Billing Date, the Monthly Fee will be payable in advance on the same moment of each Billing Period (the Billing Date). Each Billing Period therefore begins on a Billing Date and lasts until the next Billing Date on the following month. For example, if a Vehicle is delivered on 5 July, the first Billing Period will be from 5 July to 4 August, and the next Billing Period will begin on 5 August, until the following Billing Date which is 5 September, and so on.
- MyPop might update the Monthly Fee from time to time. In such a case, the User will be notified in advance by email, it being understood that should the User disagree with the Monthly Fee modification, they can terminate the Agreement in accordance with these Terms and Conditions.
- Unless clearly stated otherwise, an additional Fee will be charged for the delivery of the Vehicle.
- All cost charged to MyPop by any authority or entity in MyPop capacity of owner of the Vehicle (including, but not limited to, tolls, parking tickets, fines and all costs in relation thereto, and other retributions) during a User’s MyPop Membership will be charged to said User as additional Fees and may also include a supplementary administrative Fee of three euros (3 EUR). These additional costs (and the administrative Fee if applicable) will be added to the User’s Monthly Fee as booked in the same way.
- MyPop shall also invoice the User for their use of the Vehicle in some specific cases in accordance with the following price list (prices including VAT):
- additional Fees in the event the User exceeds the Kilometers Balance: 0,10 EUR per additional kilometer
- processing of traffic/parking offences: 20 EUR
- processing of criminal (traffic) offences: 150 EUR
- processing of damages and accidents: 50 EUR
- special cleaning fee (e.g., due to heavy soiling or smoking in the Vehicle): 75 EUR
- loss or theft of key: 150 EUR + 50 EUR to get it replaced
- delivery Fee: 100 EUR
- cancellation Fee (within three Days before planned delivery): 50 EUR
- delivery failure Fee: 200 EUR
- fuel tank / battery Fee (at end of the MyPop Membership): 100 EUR.
- If any Monthly Fee (including any additional Fee if applicable) is not paid on the Billing Date, MyPop will send the concerned User one (1) reminder email and SMS asking them to check their payment method details in the Application and make sure the payment succeeds immediately. If a User experiences any issues with their payment (method), they must contact MyPop’s Customer Support. If MyPop has not received the due payment within three (3) Business Days after this first reminder, a formal notice will be sent, followed by a reminder procedure and collection measures, which may entail additional costs for the User, it being understood that the Deposit may also be used to cover these costs.
If the payment of the Monthly Fee has not been received within fifteen (15) Days after the Billing Date, MyPop also has the right to immediately terminate the User’s MyPop Membership, in which case the User will be informed by email, and the MyPop Membership will be automatically terminated on the fourth (4th) Business Day following this email, unless the full payment of the late Monthly Fee is received by that time.
Additional Fees payable on top of the Monthly Fee will be charged immediately and must be paid at latest at the following Billing Date. Should the payment of the additional Fees not be received within fifteen (15) Business Days after the applicable Billing Date, MyPop also have the right to terminate the MyPop Membership.
- All Fees of any kind shall be automatically charged by the applicable third-party payment provider to the User’s payment method as designated by the User. Payments may be subject to the terms and conditions of the applicable third-party payment provider. MyPop shall in no event be liable for any damages arising out or in connection to the payment solution or services provided by the third-party payment provider.
- The User will be notified by email of any invoice or payment attempt for any Fee. If the User does not agree with the communicated information, they must inform MyPop within five (5) Business Days following the payment or the date of receipt of the email. In the absence of notification of a dispute, there is an irrefutable presumption that the User has agreed to the payment. In case of timely dispute, MyPop will inform the User whether or not it will modify the deduction.
- In the event of late payment, the User will owe interest to MyPop at the legal interest rate increased by four percent (4%) without the need of any prior notice.
- The Deposit paid by the User may be used to cover any due payment that is not paid by the User, without the need of any prior notice and MyPop shall then have the right to terminate the Agreement or suspend its execution until it receives a full Deposit from the User again.
- This Article will survive termination of this Agreement.
- MyPop shall only be liable (i) for fines imposed as a result of a defect in the Vehicle, which was not easily noticeable immediately after starting the engine and (ii) for damage or loss as a direct result of MyPop’s violation of the terms of this Agreement.
- MyPop shall in no event be liable (i) for any delay or failure to perform any of its obligations under this Agreement due to force majeure or any other cause beyond its reasonable control, including but not limited to internet failure, power outage, explosion, fire, war and terrorism, (ii) in case of lost, stolen or damaged property of the User in or from the Vehicle, or (iii) in case of damage or loss incurred by or imposed on MyPop on the basis of, arising from, or in relation with the criminal, deliberate or negligent act or omission of the User in the use or driving of a Vehicle or in connection with this Agreement.
- MyPop shall in no event be liable to the User for indirect damage, including, without limitation, loss of data, loss of profit or loss of business, for any matter related to this Agreement, the Application or any Services or Vehicles provided by MyPop, even if MyPop was advised about the possibility of such damage or if this possibility could reasonably be foreseen.
- Nothing in this Agreement shall exclude or restrict the liability of MyPop for death or bodily injury caused by its negligence or its wilful misconduct or for fraud.
- MyPop’s total liability shall in no event exceed two thousand five hundred (2.500) EUR.
- Any exclusion or limitation set forth herein shall apply to the maximum extent permitted by applicable law.
- The User acknowledges to be liable for any damages, losses and costs arising out its non-compliance with these Terms and Conditions, including but not limited to:
- any loss of or damage caused to the Vehicle;
- any loss or damage caused to the accessories or individual Vehicle parts;
- any related ancillary expense (like, for example, towing costs);
- any penalties imposed in respect of parking or driving offences;
- any violations of the present Agreement; and
- any third-party claims.
- The User undertakes to cooperate with any investigation or assessment regarding damages, losses or costs and any incident relating to its execution of the Terms and Conditions.
As soon as any damage to the Vehicle have been reported or established, MyPop will have a report prepared on the condition of the Vehicle and a cost estimate of its cleaning and/or repair, and will send this report and estimate to the User by e-mail (email@example.com). If the User does not agree with this report and the estimate, they must inform MyPop in the same way within the three (3) Calendar Days after receipt of the email. In the absence of timely dispute, there exists an irrefutable presumption that the User has agreed with the report and cost estimate. In case of a timely dispute, the User will have to prove that the expertise of the condition of the Vehicle and the estimate for the cost of cleaning and/or repair are incorrect.
- To the exception of cases of gross negligence or willful misconduct, non-compliance with these Terms and Conditions or use of a Vehicle by a driver other than the User, for which the User shall be liable for all damages, losses and costs and may be subject to an additional administrative penalty of five hundred euros (EUR 500) at MyPop’s discretion, the User's liability shall be limited to the amount of the insurance franchise, i.e., one thousand five hundred euros (EUR 1.500).
In the event of damage or loss caused by the User, which is less than the insurance franchise, the User will only be liable for the costs resulting from the damage or loss. As an example, the following lump sum fees may apply for these pieces if the damages are limited (it being understood that if the repair costs are finally lower, Poppy will reduce said lump sum fees):
- The additional franchise for the automotive third-party liability insurance is limited up to 1.000,00 EUR for a driver under the age of 23 and 500,00 EUR for a driver over 23 years of age but under 26 years of age. Drivers older than 26 are exempt from an indemnity for the motor third-party liability insurance.
- In the event that MyPop is required to call upon the automobile liability insurance for any particular damage, loss or cost, an additional excess will be payable by the User if they are under 26 years of age. Such excess will amount to five hundred euros (EUR 500) if the User is over 23 but under 26 years of age and will amount to one thousand euros (EUR 1.000) if the User is under 23 years of age.
- The present Article will survive termination of this Agreement.
- MyPop undertakes to subscribe at all times a general and third-party liability insurance and a vehicle damage insurance for third party property damage and for all third party bodily injury in respect of the use of a Vehicle. The terms and conditions of the insurance and the insured amounts can be found in the General Terms and Conditions "Mobility Safe 1 - 0096-B3310A0000.08-01022019" available here. Only compulsory automobile third-party liability insurances Omnium Safe 1 (excluding Safety Pack Omnium) and Driver - formula Driver Select are applicable.
- Notwithstanding such insurance coverage, MyPop shall at all times be entitled to recover from the User, and the User must indemnify and hold harmless MyPop, or its insurer as the case may be, in accordance with and subject to Article 9.2.
Disclaimer of warranties
THE USER TAKES POSSESSION OF THE VEHICLE AND OF ANY OPTIONAL ACCESSORIES “AS IS” AND MYPOP EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO ANY VEHICLE AND ANY OPTIONAL ACCESSORIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN TRANSPORT OF PASSENGERS. MYPOP DOES NOT GUARANTEE THE USE OF A PARTICULAR VEHICLE (EXCEPT IF OTHERWISE CONFIRMED) OR THAT A PARTICULAR VEHICLE WILL BE AVAILABLE FOR THE USE OF A USER AT A GIVEN TIME AND MAY REMOVE A VEHICLE FROM THE SERVICES AT ANY TIME IN ITS SOLE DISCRETION (A SIMILAR REPLACEMENT VEHICLE THEN BEING PROVIDED TO THE USER). THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS ARTICLE WILL SURVIVE TERMINATION OF THIS AGREEMENT.
Intellectual Property Rights
The Application (in object code and source code form), underlying models and algorithms of the Application, the MyPop brand and logo, including any rights, title and interest (including intellectual property rights) therein, shall at all times remain the sole and exclusive property of MyPop and if applicable, its licensors, and the User shall obtain no rights, title or interest (including without limitation intellectual property rights) therein pursuant to this Agreement, except for the limited user rights that would expressly be granted hereunder. In the event that, notwithstanding any prohibition thereto, the User modifies or creates derivative works of the Application, MyPop shall own all rights, title and interest, including any intellectual property rights, in and to such modifications and derivatives and the User hereby assigns any such rights, title and interest in such modifications and derivatives to MyPop at no cost to the latter.
The User agrees: (1) not to remove any intellectual property notices in the Application; (2) not to sell, transfer, rent, lease, grant access or sub-license the Application to any third party; (3) not to alter or modify the Application; (4) not to reverse engineer, disassemble, decompile or attempt to derive source code from the Application; (5) not to prepare derivative works from the Application and (6) not to use or register the logo, commercial name or brand “MyPop” or “Poppy” or any similar logo commercial name or brand.
Personal Data, privacy and use of geolocation data
General provisions and jurisdiction
- This Agreement constitutes the entire agreement and understanding between the User and MyPop and replaces all prior agreements or understandings, whether written or oral, with respect to the same subject matter still in force between the User and MyPop. The concluded Agreement with a specific User shall be accessible upon request to MyPop’s Customer Support.
- The User accepts that MyPop shall have the right to notify User, reasonably in advance, per pop-up or other communication means, of any changes to the present Agreement (including the Application, the Website and the Services). The User’s continued use of the Application, Services and the Vehicle following the effective date of a change shall constitute the User’s acceptance of such change. The User shall at all times (in case of non-agreement) be entitled to terminate the Agreement, free of charge, in case they do not agree with said change. Said termination shall apply as per the principles mentioned in Article 4.3 and the change shall not be applicable.
- The use of any automated system or software to extract data from the Application or the Website, including scraper bots, is strictly prohibited. MyPop reserves the right to take such action as it deems necessary to enforce this prohibition, including legal action, without prior formal notice
- If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be automatically limited or altered in order to render it valid or enforceable to the maximum extent permitted under applicable law, and all other provisions of this Agreement shall remain in effect.
- The languages offered for the conclusion of the Agreement are English, French and Dutch.
- This Agreement is governed by and construed in accordance with Belgian law and any dispute in relation thereto shall be submitted to the exclusive jurisdiction of the courts of Brussels. If, however, the User is a consumer and defendant, only the court of their domicile is competent.
If you have any further questions about these Terms and Conditions or their implementation, please contact MyPop’s Customer Support.