Membership Terms of Service.
Effective: January 2022
These Membership Terms of Service ("Terms"), which includes an agreement to arbitrate and consent to electronic communications, govern your access to and use of services provided by MissPoppins ("MissPoppins", "we", "us", or "our"), including the MissPoppins website located at MissPoppins.io, the MissPoppins mobile application, membership services that include personal healthcare navigation services, wellness services, communication services, facilitation of access to telehealth services, including certain on-demand app and video-based telehealth services, and other technology-enabled or personal services provided by MissPoppins or its affiliate (collectively, the "Services"). Please read these Terms carefully before using the Services. By accessing or using the Services you agree to be bound by these Terms. If you are accepting these Terms for another person ("Family Member") as such Family Member’s parent, guardian, conservator, or custodian, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member.
We are a tech platform. Conversations with our practitioners are in no way intended as medical advice or as a substitute for medical treatment. Always consult with your healthcare provider for questions or concerns regarding a condition.
You agree that disputes between you and MissPoppins will be resolved by binding, individual arbitration unless you opt-out in accordance with the dispute resolution process.
As described in Section 12 below, unless you opt-out of arbitration, you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. If you wish to opt out of arbitration, follow the opt-out procedure specified in Section 12.
Updates to the Terms
We may modify these Terms from time to time. We will notify you of material changes by posting the updated terms on our website and the mobile application at least thirty (30) days before the effective date of the changes. If we have your email on file, we will also notify you of material changes to the Terms by email at least thirty (30) days before the effective date of the changes. Please make sure we have your current email address so that you will receive notice of any material changes. If you do not agree with the proposed changes, you should discontinue your use of the Services before the effective date of the changes. If you continue using the Services after the effective date, you will be bound by the updated Terms.
1. Account Registration and Security
You may use the Services only for your own personal, non-commercial use. If you are registering on behalf of your Family Member, your Family Member may only use the Services for their own personal, non-commercial use. To access certain features of the Services or to become a member, you will have to create an account via the website at www.MissPoppins.io or the MissPoppins mobile app. It is important that you provide us with accurate and complete information for your account, and update as needed. You are responsible for protecting your account username and password, and for all activities that occur under your account. You should immediately notify us of any unauthorized use of your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be responsible for any loss or damage due to your failure to protect your account or your personal information.
In the event that you upload any photographs, comments, video or other digital audiovisual content to any of the Platforms, you grant (by that fact alone) to MissPoppins an exclusive, perpetual, royalty-free, irrevocable, worldwide license to use any and all elements of the uploaded content in connection with and/or as part of MissPoppins’ present or future business, including in connection with and/or any advertising in any or all media, including without limitation, printed publications, presentations, promotional material, events and marketing material, videos, or websites, in perpetuity throughout the world at the discretion and convenience that MissPoppins determines, without requiring your consent or any payment from MissPoppins.
MissPoppins has all right, title and interest in any or all of the results and procedures arising from the use of uploaded content. MissPoppins has the right to transfer the rights of use of the aforementioned Uploaded Content to third parties, including without limitation, any of its parent companies, subsidiaries or affiliates, business partners, licensees, etc. MissPoppins may alter, adapt or edit the Uploaded Content and any other material created under these Terms and Conditions, and market and exploit them in its sole discretion. MissPoppins is not bound to make use of the Uploaded Content or exercise any of the rights guaranteed by these Terms and Conditions.
You may only upload and share content that is your own and not that of a third party; you are solely and entirely responsible for any Uploaded Content that is uploaded by you, in which you display the image, identity and any information of a minor, whether or not you have the consent of his/her parent or guardian. In the event that you are a parent (on any of the Platforms also used by schools), you authorize the school to upload content to the Platforms, provided that such content was obtained on the premises of the school and, as a parent or guardian of such minor, you hereby consent to the use of the image of the minor by MissPoppins.
Also, in the event that you, in respect of a minor, share Uploaded Content on the Platforms (in any of the Applications offered by MissPoppins), then you state under oath that you have, as applicable: (i) the parental authority or guardianship, as the case may be, of said minor, or (ii) the consent of the person who has previously expressed in writing to You the parental authority or guardianship, as the case may be, of said minor.
Child Safety Policy
In the use of the Services on any of the Platforms it is strictly prohibited for You to upload and share Uploaded Content that endangers the emotional or physical well-being of minors. A minor is a person who has not attained the legal age of majority in accordance with the jurisdiction and applicable law of the country concerned.
If You find any Uploaded Content that breaches the foregoing, it is Your duty to report it to the Company and to the appropriate authorities; including, without limitation, that, if You believe that a minor is in danger, You should contact the public law enforcement agency in the area in which You are located to report the situation immediately.
It is strictly forbidden to upload and share on MissPoppins content that fits, without limitation, in any of these descriptions:
Sexualization of Minors: sexually explicit content in which minors are shown or sexually exploited is not permitted. The Company and You must report content that includes images of child sexual abuse to the appropriate authorities.
Dangerous or Harmful Acts Involving Minors: You must not upload or share images and/or videos in which minors appear participating in dangerous activities or are encouraged to do so. You should not expose yourself, or minors or any third party to risky situations in which You may be injured, such as jokes, challenges or risky activities.
Videos that cause emotional harm to minors: The Company does not admit any content that could inflict emotional harm on minors, either because of the image or the participation in the video at the time of watching it.
Misleading Family Content: You should not upload or share images or videos that mislead users into believing they are intended for families and minors, but include sexual, violent, obscene, or other adult content that is not suitable for younger viewers.
Cyberbullying and Harassment Involving Minors: In all Applications that are part of the MissPoppins Platforms, images, videos and content that incite abuse or humiliation of people, reveal personal information (such as email addresses or bank account numbers), record someone without their consent, sexually harass or encourage others to commit acts of intimidation or harassment are prohibited.
2. Acknowledgement of Annual Membership Fee
MissPoppins charges an annual membership fee (the "Annual Membership Fee") for access to certain features of the Services. The Annual Membership Fee may be modified by MissPoppins from time to time. Certain members may have access to the Services through their employers, professional affiliations, partnerships, health programs, or other organizations, and as a result, the Annual Membership Fee will not apply to such members.
The Annual Membership Fee covers costs associated with personal services that enhance your healthcare experience, tools to facilitate access to healthcare services, and certain on-demand telehealth services, but are typically not covered by or billed to insurance. Membership services include higher-touch personal services such as insurance and billing navigation, advice on provider selection, specialist booking and referral management, 24/7 connection to our services team, digital tools for easy access to MissPoppins and MissPoppins services, including telehealth services, as well as lifestyle and wellness offerings.
The Annual Membership Fee is not a covered benefit under most health insurance plans or other healthcare benefit plans such as the Health Saving Account or Flexible Spending Account. As a result, you acknowledge that you may not be able to submit the Annual Membership Fee for coverage under your insurance or benefit plan, and as such, you will be responsible for the cost of such Annual Membership Fee.
For our paid members, MissPoppins will charge your Annual Membership Fee to your designated billing account. You agree to make the payment using your chosen payment method. If your account is subject to the annual membership fee, you authorize us to charge your chosen payment method the annual membership fee at the time of initial payment and each annual renewal until you cancel. You must cancel your membership before it renews to avoid being charged the annual membership fee for the next year. You can cancel your membership at any time by logging into your MissPoppins account and selecting “cancel membership” or contacting us at firstname.lastname@example.org. If you cancel your membership and your subscription term has not expired, you may continue to use the services until the end of your then-current membership term and your membership will not be renewed after your then-current term expiration date. You will not be eligible for a prorated refund of any portion of the annual membership fee paid for the then-current membership period.
If the amount to be charged to you varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), for example, due to an increase in the Annual Membership Fee, you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction. If you do not agree with the new amount in the notice, you may cancel the transaction by logging into your account and selecting "cancel membership".
3. Acknowledgement of Service Package Fee
MissPoppins charges for any Service Packages Fee bought on the platform (the “Service Packages Fee”) for access to certain features of the Services provided by Coaches through MissPoppins. The Service Packages Fee may be modified by MissPoppins from time to time. Certain members may have access to the Services through their employers, professional affiliations, partnerships, health programs, or other organizations, and as a result, the Service Packages Fee will not apply to such members.
The Service Packages Fee covers costs associated with personal services that enhance your healthcare experience, tools to facilitate access to healthcare services, and certain on-demand telehealth services, but are typically not covered by or billed to insurance. Services include exclusive personal services such as insurance and billing navigation, advice on provider selection, specialist booking and referral management, 24/7 connection to our services team, digital tools for easy access to MissPoppins and MissPoppins services, including telehealth services, as well as lifestyle and wellness offerings.
The Service Package fees would vary basis the kind of services and coaches you would be consulting with to assist you with any childcare assistance that you might require.
The Service Packages Fee is not a covered benefit under most health insurance plans or other healthcare benefit plans such as the Health Saving Account or Flexible Spending Account. As a result, you acknowledge that you may not be able to submit the Service Packages Fee for coverage under your insurance or benefit plan, and as such, you will be responsible for the cost of such Service Packages Fee for any services bought via MissPoppins.
For our paid members, MissPoppins will charge your Service Packages Fee to your designated billing account. You agree to make the payment using your chosen payment method. If your account is subject to the Service Packages Fee, you authorize us to charge your chosen payment method the Service Packages Fee at the time of initial payment and every month or annual renewal until you cancel. You must cancel your membership before it renews to avoid being charged the monthly or annual service package fee for the next year. You can cancel your service package bought at any time by logging into your MissPoppins account and selecting “cancel package” or contacting us at email@example.com. If you cancel your Service Packages and your subscription term has not expired, you may continue to use the services until the end of your then-current membership term and your membership will not be renewed after your then-current term expiration date. You will not be eligible for a prorated refund of any portion of the Service Packages Fee paid for the then-current membership or package period.
If the amount to be charged to you varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), for example, due to an increase in the Service Packages Fee, you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction. If you do not agree with the new amount in the notice, you may cancel the transaction by logging into your account and selecting “Cancel Membership”.
Users of our Services are responsible for paying any direct or indirect taxes which may apply to them depending on residency, location or otherwise, under provisions of their respective jurisdictions. MissPoppins may be required by applicable laws to charge users of Services with indirect taxes or to withhold taxes. Any amount we will be required to collect may be in addition to the fees for your services, and any amount we will be required to withhold may be deducted from your earnings, as permitted by applicable laws.
4. Free Trials and Other Promotions
Any trial, promotion, or temporary membership (“Trial”) that provides full or partial membership access to the services is made available only to individuals 18 years of age or over, unless otherwise explicitly stated, within the specified time period (“Trial period). Trials are only for the trial members’ personal use, and may not be shared or resold. You may be required to provide your credit card and insurance information when registering for the trial or otherwise during the trial. Membership fees shall be waived or discounted during the trial period in accordance with the associated offer.
For Trials that convert to paid membership at the end of the Trial, if you do not wish to continue as a paid member, you must cancel your Trial membership before the end of the Trial period in order to avoid being charged the annual membership fee. We will send you a reminder, but you may cancel anytime via the “Settings” page in your account, under “Membership and Billing”. If you cancel prior to the end of the trial period but are inadvertently charged the membership fee, please contact us at firstname.lastname@example.org for a refund.
If you are a resident of a country other than the United States (U.S.), any Trial may only be used while you are physically located in the U.S. and its territories, and such Trial automatically terminates upon your departure from the U.S. and its territories. You understand and agree that you are not authorized to access the services following such termination, and that Non-U.S. residents may not use the Services outside of the U.S. and its territories.
5. Service Use Termination
You may terminate your use of the Services at any time by not using the Services any more. If you wish to terminate your membership, you can do so by logging into your account and selecting “Cancel Membership”. If you terminate your membership, your membership will remain active until the end of your then-current membership period.
We may terminate the Services or your use of the Services at any time for any reason by sending notice to you at the email address you provided or otherwise contacting you or posting a notice on the Services. In order to protect the integrity of the Services, we may, at any time in our sole discretion, block users from certain IP addresses from accessing the Services. We are not required to provide you with notice prior to terminating or blocking your use of the Services or an associated reason. If we terminate your use of the Services because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refund of the paid Annual Membership Fee. If we terminate the Service or your access to the Services other than due to your breach of these Terms or any other agreement you have entered into with us, you will be entitled to a pro rata refund of the Annual Membership Fee that you paid for the remainder of your membership period.
6. Use of the Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right and license to use the Services solely for your personal and non-commercial purposes. Your use of the Services must be in accordance with all applicable laws. You acknowledge that you do not acquire any other rights in the Services or any component thereof.
The following is a list of the type of actions that you may not engage in with respect to the Services:
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, “data mine”, or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Services or its contents;
- You will not interfere, access, tamper with or disrupt the Services or the servers or networks connected to the Services;
- You will not attempt to probe, scan or test the vulnerability of the Services or any of our systems or network or breach any security or authentication measures;
- You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
- You will not use the Services or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity;
- You will not use, display, “frame” or “mirror” any part of the Services, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us;
- You will not collect or store any personal information, including personally identifiable information, from others without their express permission;
- You will not provide any inaccurate, incomplete, false or misleading information about yourself when using the Services;
- You will not allow any other person to use your account, username or password to access the Services, and you will not use your account for any other person; and
- You will not assist or permit any person to engage in any of the activities described in this Section.
The Services are intended for use only within the United States and its territories. We make no representation that the Services are appropriate, or are available for use outside the U.S. and its territories. Those who choose to access and use our Services from outside the U.S. and its territories do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws. If you are a resident of a country other than the United States (U.S.), you may use the services only when you are physically located in the U.S. and its territories. You may use the services only when you are physically located in the U.S. and its territories. Your license and right to use the services automatically terminates upon your departure from the U.S. and its territories. You understand and agree that Non-U.S. residents may not use the services outside of the U.S. and its territories.
7. Consent to Electronic Communications
You may also opt-out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from MissPoppins. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.
MissPoppins will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications – e.g., communications regarding updates to the Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by you. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.
8. Intellectual Property Rights
MissPoppins and our licensors retain all ownership rights, title and interest (including all intellectual property rights) worldwide to the Services, including to all software and content. No rights are granted to you other than as expressly set forth in these Terms. All trademarks, service marks and trade names are owned by MissPoppins or other respective owners.
To the maximum extent not prohibited by law, under no circumstances will we or any of our licensors, affiliates, employees, officers, directors or agents be responsible for any loss or damage, including personal injury or death, resulting from your use of or inability to use the services, or resulting from any content posted on the services.
To the maximum extent not prohibited by law, the services are provided “as is” and “as available” without any warranties of any kind, and we and our licensors disclaim all warranties, express and implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title and noninfringement, and warranties arising from course of dealing, course of performance and usage of trade. Your use of the services is solely at your own risk. Furthermore, we and our licensors do not warrant that the services will be uninterrupted or error free, or that defects will be corrected. We do not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. Any material obtained through the use of the services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from any such material. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content.
Any general advice that may be posted on the Services is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment of, action by, or effect on any person following the general information offered or provided within or through the Services. If you have specific concerns or a situation arises in which you require medical advice, you should consult with an appropriately trained and qualified medical services provider.
10. Limitation of Liability
To the maximum extent not prohibited by law, in no event will we and our affiliates, licensors, employees, officers, directors or agents be liable for any consequential, exemplary, incidental, special or punitive damages, including, without limitation, those relating to lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, the cost of substitute products or services, arising out of or in connection with these terms or from the use of or inability to use the services, whether based on contract, warranty, product liability, tort or other legal theory and even if we have been informed of the possibility of such damages. To the maximum extent not prohibited by law, notwithstanding anything to the contrary contained herein, our liability to you arising from these terms, or the use of or inability to use the services will at all times be limited to the greater of $100.00 or the amounts paid by you to us for access to and use of services. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above exclusion may not apply to you.
11. Exclusive Remedy
If you are dissatisfied with the Services, your sole and exclusive remedy is to stop using the Services and cancel your membership (if applicable).
12. Dispute Resolution
13. Non-solicitation of Clients
You recognize that by virtue of your engagement with MissPoppins you will be introduced to and involved in the solicitation and servicing of existing clients of MissPoppins and new clients obtained by us during your engagement as Coaches. You understand and agree that all efforts expended in soliciting and servicing such clients shall be for the permanent benefit of MissPoppins You further agree that during your engagement with MissPoppins you will not engage in any conduct which could in any way jeopardize or disturb any of MissPoppins’s client relationships. You also recognize our legitimate interest in protecting, for a reasonable period of time after your engagement with us, and our clients. Accordingly, you agree that, for a period beginning on the date hereof and ending one (1) year after termination of your engagement with us, regardless of the reason for such termination, you shall not, directly or indirectly, without the prior written consent of MissPoppins, market, offer, sell or otherwise furnish any products or services similar to, or otherwise competitive with, those offered by us to any client of ours.
Agreement to Arbitrate
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at email@example.com within thirty (30) days following the date you first accept these Terms, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in the Northern District of California. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/Rulesor by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and a separate form for Demand for Arbitration for California residents. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you agree with us otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding anything to the contrary in these Terms, if we change this “Dispute Resolution” section after the date you accepted these Terms or access our Services, you may reject any such change by sending us notice at firstname.lastname@example.org within 30 days of the date such change became effective, as indicated in the “Effective Date” listed at the beginning of these Terms or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you accepted these Terms, or accessed our Services.
14. Links to Third Party Applications and Websites
The Services may allow you to connect your account to applications owned or operated by third parties, including device makers, or may link to other websites that are owned or operated by third parties. We are not responsible, and disclaim all liability, for the privacy, security, performance, and service practices of such third parties, nor are we responsible for any content, advertising, products, services or other materials made available on or through any such third party applications or websites. We make the connections and links available to you only as a convenience, and it is your decision whether to connect to third party applications or access third party websites.
15. General Provisions
- These Terms make up the entire agreement relating to your use of the Services, and supersede all prior agreements relating to the subject matter hereof.
- These Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions.
- We may change, suspend, or discontinue any of the Services at any time. We will try to give you prior notice of any material changes to the Services, but we are not obligated to do so. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
- These Terms do not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- We appreciate your feedback, suggestions, and other communications (collectively, “Feedback”) about the Services. You should know that we can, but are not obligated to, use your Feedback without restriction or any obligation to compensate you, and we have no obligation to keep them confidential.
- Even after termination, these Terms will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination.
- If any provision of these Terms is found by a proper authority to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and remain valid and enforceable, and the invalid or unenforceable provision will be deemed modified to the maximum extent necessary to make it valid and enforceable or, if modification is not permitted by law, the provision will be disregarded.
16. Care Provider Qualifications.
Your care is solely the responsibility of you and your Care Provider(s) and/or Coach(es).
If you are a parent or guardian seeking advice from Coaches through the use of our Services, you understand and acknowledge that the Coaches may provide guidance and recommendations pertaining to health-related issues. Your decision to follow or implement their advice is voluntary and at your own discretion, and you can cancel the Coaches services to you. Any reliance on the information provided by the Coaches is at your own risk. You should consult with appropriate healthcare professionals or seek advice before making any decisions regarding your or your child’s health or well-being.
We attempt to confirm the credentials of all Care Providers and to validate that they are in good standing with their respective licensure board(s). However, we are not responsible for credentialing Care Providers, we make no representation regarding the accuracy of Care Providers’ credentials and we expressly disclaim any liability for fraudulent credentials or claims by Care Providers. In addition, changes in your Care Provider’s professional status could occur between the time we perform an initial credential check and the time you select your Care Provider. We recommend that you separately confirm that your Care Provider is in good standing with his or her respective licensing board(s). As part of our online platform, we may provide profile pages for Care Providers to enable them to post relevant information about their education, training, experience and areas of specialization. Care Providers are solely and exclusively responsible for the content of their respective profiles, and we expressly disclaim any and all liability for the content of the Care Provider profiles, including the accuracy or reliability of any information contained therein.
If you are a Coaches using the Services, you represent and warrant that you have all the necessary licenses, certifications, and qualifications required to provide Services relevant to those pertinent to Services. You further agree to comply with all applicable laws, regulations, MissPoppins and other third-party policies and procedures, that apply to your use of the Services.
MissPoppins does not recommend or endorse any specific Coaches, tests, products, procedures, opinions, or other information that may be mentioned in the course of the provision of Services. Reliance on any information provided by MissPoppins, MissPoppins employees, others appearing on the Services at the invitation of MissPoppins, or other visitors to the Services is solely at your own risk.
17. Fees and Billing.
All charges for the Services are final; any and all charges transacted pursuant to the Services are final and without recourse to MissPoppins and You. In additional, all fees for Services are final, and Services are non-returnable and non-refundable. Services cannot be resold, transferred for value, redeemed for cash or applied to any other account. You acknowledge that MissPoppins is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Services when an account is closed, whether such closure was voluntary or involuntary, whether you made a payment through a platform or any other sites or platforms where we offer our Services.
18. The Digital Millennium Copyright Act of 1998 (“DMCA”)
The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:
(a) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); © Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Services; (d) The name, address, telephone number, and email address of the complaining party; (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and (f) A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
19. General Release.
The Services do not include the provision of medical care or professional services by MissPoppins. MissPoppins exclusively facilitates transactions, contracts and payments between you and any Care Provider(s) or Coach(es). In the event that you have a dispute with one or more users or a person introduced to you through the Services, you agree to release MissPoppins, and our officers, directors, agents, subsidiaries and employees from any and all claims, demands, and damages, actual or consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. MissPoppins expressly disclaims any liability that may arise between users of the Services or users, the Care Providers, and any other third party.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
You hereby expressly waive and relinquish all rights and benefits under this section and any law or legal principle of similar effect in any jurisdiction with respect to the releases granted herein, including but not limited to the release of unknown and unsuspected claims granted in these Terms.
20. No Warranty.
To the extent that the law of your jurisdiction does not permit the disclaimer of warranties, the Services are warranted only to the minimum extent legally required.
MissPoppins shall not be responsible or liable to any User for any acts of fraud, theft, misappropriation, tampering, hacking, interception, piracy, misuse, misrepresentation, dissemination, or other illegal or unauthorized activities of third parties. You understand and expressly agree that your use of the Services facilitated by MissPoppins platform is at your sole risk and that you will be solely responsible for any harm to You, or any identifiable person that results from your use of the Services.
In using the Services, you specifically agree that you will not hold MissPoppins, its affiliates, contractors subcontractors or licensees, or any of their respective officers, directors, agents, subsidiaries or employees liable for any damages, injury or loss, including any direct, special, incidental, consequential or punitive damages, or lost profits, that may result from your engagement with a coach and you, personally, as a parent or a guardian in the provision or as a result of the use of, or the inability to use the Services (or any other data, application or linked website) or otherwise relating to or arising out of the website or the content, whether in an action for breach of contract, negligence, personal injury or otherwise.
MissPoppins shall not be held liable, regardless of whether such damages were foreseeable or whether any party or any entity has been advised of such damages. In no event shall the liability of MissPoppins, its officers, directors, employees, agents, representatives, and third-party information suppliers arising out of any claim related to this agreement exceed the aggregate amount paid by participant subscriber hereunder in the 12 months immediately preceding the event giving rise to such claim.
MissPoppins Inc. (“MissPoppins”, the “Company”, “we” or “us”) is a platform that offers access to on-demand lactation support providers, prenatal care providers, postpartum care providers, and other maternity related consultation services (collectively, the “Services”) by connecting you to prenatal, childbirth, breastfeeding, and newborn care providers (collectively, “Care Providers”).
In order to provide the Services, we may collect, use, share, and exchange your personal, health and health-related information and your child’s personal, health and health-related information. Some or all of the health and health-related information we collect may be considered protected health information (“PHI”) which is protected under the Health Insurance Portability and Accountability Act (“HIPAA”).
HIPAA protects the privacy and security of your PHI by limiting the uses and disclosures of PHI by most healthcare providers and by health plans (called “Covered Entities”), as well as companies, such as MissPoppins, that provide certain types of assistance to Covered Entities (called “Business Associates”). This HIPAA Authorization describes how MissPoppins uses and manage this information, and requests your permission to use and share your PHI in specific ways necessary to provide the Services to you. If your Care Provider(s) are considered “Covered Entities” under HIPAA they may have adopted their own HIPAA policies describing how they will use and disclose your PHI.
I. HIPAA Authorization
By agreeing to the terms of this HIPAA Authorization you grant MissPoppins permission to use and disclose your PHI in the following ways;
- To assess and determine which Care Providers are qualified to provide Services to you, and connect you to such Care Providers;
- To share PHI with your Care Providers so they can deliver appropriate care to you;
- To conduct analysis for MissPoppins’s business purposes;
- To support development of the Services;
- To communicate within our organization for treatment, payment, or healthcare operations;
- To create de-identified information and then use and disclose this information in any way permitted by law, including to third parties in connection with their commercial and marketing efforts and clinical research studies; and
- To comply with federal, state or local laws that require disclosure.
Such use and disclosure may be to the following individuals/ entities:
- Third parties assisting MissPoppins with any of the uses described above;
- A third party as part of a potential merger, sale or acquisition of MissPoppins;
- Our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to the operation or provision of our services; and
- A provider of medical services, in the event of an emergency.
In addition, you authorize MissPoppins:
- To share information with you regarding services, products or resources about which we think you may be interested in learning more;
- To provide you with updates and information about the Services; and
- To market to you about MissPoppins and third-party products and services.
Additionally, you authorize that all aforementioned disclosure and communications, may be conducted via channels such as email, text message, Short Message/Messaging Service (SMS), google voice, google voice text, and video conferencing platforms that may or may not be considered secure under the security guidelines of HIPAA.
YOU MAY REVOKE YOUR AUTHORIZATION AT ANY TIME; however, this will not affect prior uses and disclosures. In some cases, state law may require that we apply extra protections to some of your health information.
If MissPoppins discloses your PHI, MissPoppins will require that the person or entity receiving your PHI agrees to only use and disclose your PHI to carry out its specific business obligations to MissPoppins or for the permitted purpose of the disclosure (as described above). MissPoppins cannot, however, guarantee that any such person or entity to which MissPoppins discloses your PHI or other information will not re-disclose it in ways that you or we did not intend or permit.
III. Non-Protected Health Information
IV. Our Responsibilities
- We are required by law to maintain the privacy and security of your protected health information.
- We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
- We must follow the duties and privacy practices described in this notice and give you a copy of it.
- We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.
For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html.
V. Your Health Information Rights
The law entitles you to:
- Obtain a Copy of Your Health Information
You can ask to see or obtain a copy of your health information we have about you. We may charge a reasonable, cost-based fee for providing you with a copy or summary of your health information.
- Ask Us to Correct Health and Claims Records
You can request an amendment of your health information if you feel the health information is incorrect or incomplete. However, under certain circumstances we may deny your request.
- Request Confidential Communications
- Ask us to Limit what we Use or Share
You may ask that we restrict how we use or disclose your health information. However, we are not required to agree with your requests if it would affect your care.
- Get a List of Those With Whom We Have Shared Information
You may ask to receive an accounting of certain disclosures of your health information made for the prior six (6) years, although this excludes disclosures for treatment, payment, and health care operations. We may charge a reasonable, cost-based fee for providing you with a copy or summary of this accounting.
- Get a Copy of this Privacy Notice
You may ask to obtain a paper copy of this notice even if you receive it electronically.
- File a Complaint if you Feel your Rights are Violated
If you believe that your privacy has been violated, you may file a complaint with us or with the Secretary of Health and Human Services in Washington, D.C. We will not retaliate or penalize you for filing a complaint with the facility or the Secretary.
VI. Contact Us
If you have any questions about this HIPAA Authorization, please email email@example.com
VII. Changes to policy
We may modify this policy from time to time, and if we make material changes to it, we will notify you through the Website, or by other means so that you may review the changes before you continue to use the Website. Continuing to use the Website after we publish or communicate a notice about any changes to this HIPAA Authorization means that you are consenting to the changes.
I understand MissPoppins is a technology platform and connects you with coaches who may be based out of different geographies. The services are not intended to be a substitute for professional medical advice or treatment. Always consult with your healthcare provider or pediatrician. If this is an emergency, please dial 911 instead
List of hotline numbers.
If you have any questions about these Terms, please contact firstname.lastname@example.org.