General Terms

Introduction

By Potje Technologie B.V., registered with the Chamber of Commerce under number: 84112905, with its office located at Jupiterkade 7, 2516 BS The Hague. 

We kindly ask you to carefully read these terms and conditions. The use of the Potje App and the services offered by Potje via its mobile App is expressly conditional upon your acceptance of these service terms. By using this App, you acknowledge your agreement with these terms. If you do not agree, in whole or in part, with these terms, you should not use the App.

From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system, change pricing or address security issues. Alternatively, we may ask you to update the App for these reasons. 

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services. 

We will use reasonable endeavours to ensure that the App will work with the current or previous version of the operating system (as it may be updated from time to time).

Definitions 

In these terms and conditions, the following terms shall have the meanings assigned to them:

- “Potje App (App)” is a service platform in the form of a smartphone application that helps groups to save together.

- “A potje” is a digital collection point where individuals can contribute money either alone or jointly for a purpose, generated by the “App” as a result of a digital money transfer from the Buyer(s) to the “Merchant.”

- “Merchant” is a natural person who uses the “App” and the services offered therein with the aim of receiving and spending money for the described purpose. This person is referred to as the treasurer, money boss or money manager in the “App.”

- “Buyer” is a natural person who uses the “App” and the services offered therein with the aim of contributing money to “a potje.”

- “User” is a natural person who uses the “App” and the services offered therein with the aim of contributing money to “a potje.” This can be either a “Merchant” or a “Buyer.”

Potje Services 

Potjes are available via the Potje App, which is available on the Google Play Store (for Android) and the App Store (for Apple devices). Our App allows you to transfer money digitally to support a cause, with social incentives to facilitate group saving. With the Potje App, a User can open a potje after creating an account, add other Users to the potje, add financial tasks, and settle them via iDeal or other payment methods. The maximum amount a Merchant can receive is €3500 per single transaction and €20,000 in total, regardless of the number of potjes.

The Potje mobile App is a service platform; Potje is not a payment processor and does not manage funds. Potje uses the services of Online Payment Platform B.V., which is licensed as a payment service provider by De Nederlandsche Bank (DNB). They are also certified as a C2C provider of iDeal, to process Potje Technologie B.V.’s associated financial transactions and manage the money within a specially established foundation (Online Payments Foundation).

Prohibited Use 

We encourage Users to use the App as intended in Article 2.

The use of Potje for fraud, money laundering or for the trade or exchange of illegal products/services, drugs or weapons, or products/services that promote hatred, violence, terrorism, intimidation, or abuse, for gambling services, or adult entertainment products/services is strictly prohibited.

Potje is also prohibited to use for business or commercial purposes if you have registered as a personal user. If you're a business user and want to use Potje, first contact us at info@potje.tech.

Potje Technologie B.V. reserves the right to cancel suspicious transactions, delete all personal accounts related to such transactions, and notify the appropriate authorities of suspected prohibited use, disclosing all related information.

Identification Steps 

We strive for a smooth User experience, but to secure your financial transactions and comply with regulations, identification steps are required when:

- A Merchant wishes to receive a transaction; the Merchant must link their bank account. This procedure is carried out by Online Payment Platform and is subject to the Terms and Conditions of Online Payment Platform. A fee of €0.01 is charged for linking the bank account.

- Additional identification is required when a Merchant wishes to receive more than €250 per transaction, the total contributions for the Merchant via the Potje App exceed €1500, or when requested by Online Payment Platform. The Terms and Conditions of Online Payment Platform apply to this process.

These identification steps are only required once per Merchant.

Service Fees

We calculate the costs per month per pot. The costs are deducted from the total amount, so that every participant of the pot has contributed.

Prices per pot (including VAT)

A pot costs €5.00 per month.

An interim withdrawal from the pot is free.

The User is responsible for all costs charged by third parties for access to or use of the App (such as phone, SMS, or data charges by the mobile provider).

Ownership

The copyright and ownership of the App, including individual images, graphics, logos, text, and layout, as well as the composition of the content placed in the App, belong to Potje or affiliated third parties. The names of other companies and products mentioned in the App are trademarks of their respective owners.

Under the conditions set forth in these Terms and Conditions, Potje grants the User a limited, personal, immediately revocable, non-exclusive, non-sublicensable, non-transferable right to use the App in accordance with the agreed purpose, namely using the App to be able to use Potje. It is not permitted to remove, obscure, hide, or alter any notices or references to intellectual property rights.

Nothing in these Terms and Conditions is intended to transfer any intellectual property rights to the User. The User shall not engage in any acts that could infringe Potje’s intellectual property rights, such as registering domain names, trade names, trademarks, or logos that are similar to or identical to any object on which Potje has intellectual property rights. The User may not modify, copy, distribute, transfer, display, publish, sell, or license the App or any information or software related to the App.

It is also not permitted to request or reuse substantial parts of the App without the written permission of Potje or to repeatedly and systematically request or reuse non-substantial parts of the App as intended in the Database Act.

Data Use

All data from Users, both the data that the User enters themselves and the data generated through the use of the App, will always be treated in accordance with Potje’s Privacy Statement.

Liability

Each Merchant is responsible for ensuring that financial tasks are properly distributed. However, the User is responsible for verifying this and informing the Merchant of any errors. The User downloads and uses the App at their own risk, and is personally liable for any damage to the mobile device or loss of data resulting from downloading or using the App.

Potje is not liable for any damage resulting from the use of software on the mobile device that is not officially approved by the operating system manufacturer of the mobile device. The App is provided without any warranty or guarantee of any kind regarding the functionality of the App and the accuracy of the information displayed in the App.

Potje is not liable if you or a User takes another User’s money – please note, by putting money into the App, a User is entrusting you, the Merchant with their money.  If you, the Merchant, or a User to that group, defrauds another contributor by stealing their money, refuses to return it to the relevant User, or otherwise uses the money in a manner which is not authorised, this is a private matter directly between you and/or other Users of that group, and we will not become involved in such a dispute, nor are we responsible for such losses and we will therefore not reimburse you, or another contributor for any lost or stolen money in such circumstances. 

Potje is, except in cases of intentional misconduct or gross negligence by Potje’s management, never liable for indirect damage resulting from attributable shortcomings or defects that affect the App, nor for indirect damage on any other grounds, such as tort.

Potje accepts no liability for property, financial loss, or any other disadvantage related to the use or misuse of Potje, to the extent permitted by mandatory law. Potje is in any case never liable for consequential damage, including pure financial loss, lost revenue and profit, loss of data, and non-material damage related to or arising from Potje. The only action you can take if you believe you have suffered damage is to stop using Potje and delete your account.

To the extent Potje would be liable despite the above, our liability is limited to direct damage up to an amount of EUR 1000 (one thousand euros), which liability limitation does not apply in cases of intentional misconduct and/or gross negligence on our part.

Termination

The User has the right to stop using the App and terminate/delete their profile at any time. This can be done by leaving all participated potjes and deleting the account. Termination of the profile does not affect transactions that were already completed before the termination. In the event of a breach of any obligations and restrictions as indicated in these Terms and Conditions, and upon deactivation or deletion of the App from your mobile device, all rights granted to you with respect to the App immediately expire. Potje has the right to terminate the agreement for use of the App at any time without being liable for any compensation. All amounts owed by the User to Potje are always immediately due.

Miscellaneous

These Terms and Conditions and all disputes arising from and/or related to them are governed by Dutch law.

All disputes arising from and/or related to these Terms and Conditions shall be submitted to the competent court in The Hague, unless mandatory law designates another competent court. Within 30 days after Potje has indicated an intention to submit a dispute to the aforementioned court and this has been communicated to the User, the User may object, in which case the statutory competence rules will be followed.

If any provision of these Terms and Conditions is found to be void or voidable, or for any other reason wholly or partially invalid, the remaining provisions of the Terms and Conditions shall remain in full force and effect. Potje will replace the invalid provision with a valid provision that, considering the content and intent of these Terms and Conditions, corresponds as closely as possible to the legal effects of the invalid provision.

Potje may assign all claims, powers, rights, obligations, and actions related to the Terms and Conditions. Potje may pledge all claims, powers, rights, obligations, and actions related to the Terms and Conditions to third parties (silently) and will notify the User of this. The User hereby agrees in advance to such an assignment or pledge (if and insofar as necessary) and that the third party, in the event of such an assignment, may exercise all rights against the User.

Contact Information

Potje Technologie B.V.  

Office located at Jupiterkade 7, 2516 BS The Hague.

Chamber of Commerce number: 84112905  

VAT number: NL863101069B01  

Website: www.potje.tech  

Email: info@potje.tech