This Terms of Service Agreement ("Agreement") is a legally binding contract between you and Patch Tech Holdings LTD ("Poppet"), governing your use of the Poppet Platform. Poppet's websites, mobile applications, and related services, information, and communications collectively form the "Poppet Platform."
Poppet is a Platform, operated by Patch Tech Holdings LTD, a company incorporated and registered in England and Wales with company number 13948425, with a registered address at Suite 8,45 Salisbury Road, Cathays, Cardiff, CF24 4AB
1. Acceptance of Terms
Your registration, consent, and continued use of the Poppet Platform constitute acceptance of and agreement to all terms and conditions in this Agreement, including our Privacy Policy ("Privacy Policy"). You must review these terms regularly and comply with any future amendments. If any changes are unacceptable, you must stop using the Poppet Platform and deactivate your account.
2. Description of the Poppet Platform
The Poppet Platform is a web-based communication platform enabling connections between clients seeking childcare services ("Clients") and caregivers offering such services ("Caregivers"). Caregivers include babysitters, nannies, childminders, and participants in childcare swaps. Caregivers are independent contractors of Clients, not employees or agents of Poppet. Poppet operates as an online marketplace connecting Clients with Caregivers and disclaims any responsibility for the Caregivers' conduct or the services provided.
3. User Background Checks & Representations
All Users represent that they are of legal age to form binding contracts, have the right and authority to enter into this Agreement.
By agreeing to this Agreement, you, as a caregiver on the Poppet Platform, expressly consent to undergo a background check. Poppet is committed to maintaining a safe and trustworthy community, and as such, requires all caregivers to complete a comprehensive background screening process.
This process is conducted by a third-party service provider and may include, but is not limited to, checks of criminal records, sex offender registries, and other relevant public records. You acknowledge that this background check is a condition of your engagement with Poppet, and you agree to provide any necessary consent or information that may be required to facilitate this screening.
Poppet reserves the right to reject or remove any caregiver from the platform based on the findings of these checks, in accordance with applicable laws and regulations. Your cooperation and transparency in this process are vital to uphold the integrity and safety standards of the Poppet community.
You agree to promptly disclose to Poppet any relevant unspent convictions or cautions that arise during your use of the Poppet Platform.
4. Service Agreement Between Clients & Caregivers
A legally binding contract is formed between a Client and a Caregiver when they agree on childcare services terms.
Clients are responsible for determining the suitability of Caregivers.
Poppet is not a party to any Service Agreement between Users and disclaims any agency or authority to act on behalf of either party.
A legally binding contract is formed between a Client and a Caregiver when they agree on childcare services terms.
Clients are responsible for determining the suitability of Caregivers.
Poppet is not a party to any Service Agreement between Users and disclaims any agency or authority to act on behalf of either party.
5. Payment & Financial Terms
Clients shall pay Caregivers for services via the approved payment service provider as indicated on the Poppet Platform.
Users agree to comply with the Service Agreement and this Agreement during the engagement, performance, and completion of childcare services.
6. Dispute Resolution
Disputes arising under these terms will be resolved by arbitration in the United Kingdom. This excludes cases where applicable law provides otherwise.
7. General Provisions
Users must be at least 18 years of age and capable of entering into binding contracts to use the Poppet Platform.
The technology for the Poppet Platform is provided "as is" without warranty.
Poppet provides no warranty and has no liability regarding User actions on the Poppet Platform or the performance of childcare services.
Users agree to hold harmless and indemnify Poppet from claims due to their use or inability to use the Poppet Platform or content submitted from their account.
Non-enforcement of any provision does not constitute a waiver of that provision.
This Agreement constitutes the entire agreement between you and Poppet concerning its subject matter.
Poppet may assign this Agreement without your consent. You may not assign this Agreement without Poppet's written consent.
8. Amendments & Termination
Poppet reserves the right to amend this Agreement at any time. Continued use of the Platform after changes constitutes acceptance of the new terms.
Users may terminate this Agreement by deactivating their account and ceasing use of the Platform.
9. Billing & Payment
Clients contract directly with Caregivers for childcare services. Poppet is not a party to these contracts. Payments are made from Clients to Caregivers through a designated Payment Service Provider (PSP), not by Poppet.
Payment Process: The total payment for childcare services (the "Service Fee") must be processed through the PSP. This includes the Caregiver's charge, any agreed-upon expenses, Poppet's service charge, and a platform fee for operational costs.
Invoicing: Caregivers may be required to issue invoices to Clients. Caregivers are responsible for ensuring compliance with tax and invoicing regulations.
PSP Account: Caregivers must set up an account with the PSP, agreeing to its terms and completing any required vetting process. Poppet is not a party to the PSP Services Agreement.
Account Validation: To prevent fraud, Poppet and/or the PSP may validate User accounts before activation and prior to each booking. This may involve temporary charges that are later refunded.
Authorisation of Payment: Upon confirmation of task completion, Clients automatically authorise the PSP to process the invoice.
Poppet's Rights: Poppet reserves the right to hold or refund payments in cases of potential fraud, unauthorised charges, or misuse of the platform.
Tax Liability: Users are liable for any taxes (including VAT where not exempt) required to be paid on the services provided under this Agreement.
10. Contests, Credits, & Promotions
Poppet may offer promotions, contests, and credits at its discretion. These are subject to specific terms and limitations.
Credits: Can be used for partial or full payment of the Service Fee but not for out-of-pocket expenses or tips. They are non-transferable and non-refundable.
Promotions: Reduce the Client's payment obligation but do not affect the Caregiver's earnings. Use of promotions must comply with their specific terms.
11. Public Areas & Acceptable Use
The Poppet Platform may include public areas for User communication. Users must use these areas responsibly and not share personal contact information.
Prohibited Uses: Users must not use the Poppet Platform for harmful, illegal, misleading, or fraudulent activities.
User Conduct: Users are prohibited from engaging in actions that threaten, intimidate, or violate the rights of others, upload harmful files, spam, or conduct illegal activities.
Content Restrictions: Users must not upload offensive, infringing, or unlawful content.
Platform Integrity: Users must not misuse the platform's technological framework or engage in activities that harm Poppet's integrity or other Users' safety.
12. Mobile App Updates & Upgrades
By installing the Poppet App, Users consent to regular updates and upgrades, which may collect personal information as outlined in our Privacy Policy.
13. Deactivation & Suspension
Poppet may suspend or deactivate accounts for breaches of this Agreement. Users can appeal these decisions.
Even after suspension or termination, this Agreement remains enforceable against the User.
Users may terminate this Agreement by deactivating their account and ceasing all use of the Platform.
14. Account, Password, Security, & Telephone Communications
Account Responsibility: You are responsible for maintaining the confidentiality of your Poppet account and password and are fully responsible for all activities that occur under your account.
Security Breach: Notify Poppet immediately if you suspect any unauthorized use of your account or any other breach of security.
Accuracy of Information: Ensure that your contact information, including your contact details and payment information, is accurate and up-to-date. Poppet reserves the right to suspend or deactivate your account if provided information is found to be inaccurate.
Telephone Communications: Calls to or from Poppet may be recorded for quality control and training purposes.
15. User-Generated Content
Definition and Responsibility: Any information or materials you provide to Poppet, including in Public Areas, is defined as User-Generated Content (UGC). You are solely responsible for UGC and Poppet acts as a passive conduit for its online distribution and publication.
Content Standards: Your UGC should not infringe any laws or rights of others, be harmful, fraudulent, or misleading, contain harmful computer programming routines, falsely imply Poppet endorsement, or create liability for Poppet.
Feedback and Reviews: Feedback about Caregivers is the opinion of the users and not endorsed by Poppet. Poppet is not responsible for verifying the accuracy of Feedback but reserves the right to remove content that violates these terms.
16. Links to Third-Party Websites
External Links: The Poppet Platform may contain links to third-party websites, which are not endorsed or controlled by Poppet.
User Discretion: You access these third-party websites at your own risk, and Poppet is not responsible for their content or practices.
17. Poppet as an Online Marketplace
Independent Caregivers: Poppet connects Clients with independent Caregivers. Poppet does not employ Caregivers and does not control or direct their work.
Operational Independence: Caregivers operate independently, provide their own tools, set their own rates, and are free to work elsewhere.
No Employment Relationship: Poppet is not an employment agency or employer. Caregivers are responsible for their business decisions and may incur profit or loss.
Independent Relationships: No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement. Clients, not Poppet, are responsible for directing, controlling, and monitoring Caregivers' work. Any waivers or directions given by the Client's agent are binding on the Client.
18. Intellectual Property Rights
Ownership and Use: All content on the Poppet Platform, except UGC, is owned by Poppet. Users may not use any Poppet intellectual property without prior written consent.
Trademarks: All Poppet trademarks are the property of Poppet. You may not use these trademarks without Poppet's prior written consent.
19. Copyright Complaints
Respect for Intellectual Property: Poppet respects intellectual property rights and expects users to do the same.
Infringement Claims: If you believe that your copyright has been infringed on the Poppet Platform, please provide detailed information to Poppet's Copyright Agent by emailing
[email protected].
20. Confidential Information
Protection of Confidential Information: You agree not to disclose, transfer, or use any Confidential Information of Poppet for any purpose other than authorised use of the Poppet Platform or where required for the purpose of safeguarding a child or vulnerable adult. This obligation extends for the lifetime of your account plus 10 years thereafter.
Definition of Confidential Information: "Confidential Information" includes any trade secrets, proprietary information, and other data of Poppet not generally known to the public. This covers technical data, know-how, product plans, strategies, financial information, and other sensitive information.
Disclosure Requirements: If required, you may disclose Confidential Information to authorised personnel provided they are bound by similar confidentiality obligations.
21. Disclaimer of Warranties
Platform Use "As Is": The Poppet Platform is provided without warranties of any kind, either express or implied. Poppet disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
No Liability for Content and Services: Poppet is not responsible for the accuracy, completeness, or reliability of content provided through the Platform or any linked sites. Poppet is not liable for any damages arising from your use of the Platform or for any transactions between users or with third-party providers.
22. Indemnification
You agree to indemnify and hold harmless Poppet and its affiliates against any liabilities arising from your use of the Platform, your participation in services, breach of this Agreement, violation of law, or infringement of third-party rights.
23. Changes to this Agreement & the Poppet Platform
Poppet reserves the right to modify this Agreement and the Platform. Continued use after changes constitutes acceptance of the new terms.
24. Licencing
Caregivers are responsible for obtaining any necessary licences, permits, or registrations required for the services they offer.
Caregivers additionally represent they have the necessary skills, qualifications, licences (if required), and insurance to provide childcare services.
25. Consent to Electronic Signatures
By using the Poppet Platform, you agree to transact electronically and acknowledge that your electronic signature is legally binding.
26. Telephone Communications & Agreement to be Contacted
By providing your mobile phone number and using the Poppet Platform, you consent to receive calls and text messages by Poppet and its affiliates for platform-related purposes.
You may opt-out of receiving text messages or calls from Poppet by modifying your account settings, texting "STOP," or emailing a specified address.
27. Worker Classification & Withholdings
Independent Contractor Status: Poppet does not employ Caregivers. Caregivers are responsible for any applicable VAT, National Insurance, and other relevant taxes.
Liability for Regulatory Compliance: Each user is responsible for the correct classification of their workers and for compliance with all relevant tax laws and regulations. This may include but is not limited to requirements set out by His Majesty's Revenue & Customs (‘HMRC’), The Office for Standards in Education, Children's Services and Skills.(‘Ofsted’), Care Inspectorate Wales, The Care Inspectorate, TUSLA Early Years Inspectorate.
28. Media & User Generated Content
You grant Poppet a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use any content you provide for the purpose of operating and promoting the Poppet Platform.
You waive any claims against Poppet related to the use of your physical likeness, voice, or media content in connection with the Platform.
29. No Liability
Nothing in these Terms limits liability for death, personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
30. No Rights of Third Parties
The terms of this Agreement are for the benefit of the parties and their successors, assigns, and no third party has any rights under this Agreement.
31. Governing Law
This Agreement and your use of the Poppet Platform are governed by English law, and disputes will be subject to the jurisdiction of the English courts.
32. Legal Notice
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY, AND AGREE THAT MY USE OF THE POPPET PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
If you have questions or comments about this policy, you may contact our Data Protection Officer (DPO), Jodi Parikh, by post to: Suite 8, 45 Salisbury Road, Cathays, Cardiff, CF24 4AB.