Introduction
Definitions
In these General Terms and Conditions, the following definitions apply:
“Potje App (App)” is a service platform in the form of a smartphone application that helps groups save together.
“A pot” or "A potje" is a digital collection place where individuals can contribute money, either individually or jointly, for a purpose, which is created by the “App” as a result of a digital transfer of funds by 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. In the “App”, this person is referred to as the treasurer or money manager.
“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
Pots are available via the Potje App, available in the Google Play Store (for Android) and in the App Store (for Apple devices). Our App makes it possible to transfer money digitally to support a goal, with social encouragement to simplify saving (as a group). With the Potje App, a User can open a pot after creating an account, add other Users to the pot, add financial tasks and have these settled via iDEAL or other payment methods. The maximum a Merchant can receive is €3,500 per single transaction and €20,000 in total, regardless of the number of pots.
The Potje mobile App is a service platform; Potje is not a payment processor and Potje does not manage funds. Potje uses the services of Online Payment Platform B.V. This organisation is licensed as a payment service provider by De Nederlandsche Bank (DNB). In addition, they are certified as a C2C provider of iDEAL. All of this is to process the related financial transactions for Potje Technologie B.V. and to manage the money in a separately established foundation (Online Payments Foundation).
Prohibited use
Using Potje for fraud, money laundering, or for the trade or exchange of illegal products/services, for drugs or weapons, for products/services that promote hate, violence, terrorism, intimidation or abuse, for gambling services, or adult entertainment products/services is strictly prohibited.
It is also prohibited to use Potje for business or commercial purposes if you have registered as a personal user. If you wish to use Potje for business purposes, please first contact us via info@potje.tech.
Potje Technologie B.V. reserves the right to cancel suspicious transactions, delete all personal accounts associated with such transactions, and notify the competent authorities of suspected prohibited use, disclosing all related information.
Identification steps
We aim for a smooth user experience, but to secure your financial transactions and comply with legislation, identification steps are required when:
If a Merchant wants to be able to receive a transaction, the Merchant must link his or her bank account number. This procedure is carried out by Online Payment Platform. The General Terms and Conditions of Online Payment Platform apply here. A fee of €0.01 is charged for linking the bank account.
Additional identification is required when a Merchant wants to receive more than €250 per transaction, the total of all contributions for the Merchant via Potje App exceeds €1500, or when Online Payment Platform requests this. The General Terms and Conditions of Online Payment Platform apply here.
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 each participant in 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 telephone, SMS or data charges levied by the mobile provider).
Property
The copyright and ownership of the App, including individual images, graphic material, logos, text and layout, as well as the compilation of the content placed in the App, belong to Potje or to third parties affiliated with Potje. The names of other companies and products mentioned in the App are the trademarks of their respective owners.
Under the terms and conditions set out in these General 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 in order to be able to use Potje. It is not permitted to remove, render illegible, conceal or alter notices or statements relating to intellectual property rights.
Nothing in these General Terms and Conditions is intended to transfer any intellectual property rights to the User. The User shall not perform any acts that may 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 in 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, without Potje’s written consent, to retrieve or reuse substantial parts of the App, or to repeatedly and systematically retrieve or reuse insubstantial parts of the App as referred to in the Dutch Databases Act.
Data usage
All User data, both the data that the User enters themselves and the data generated through use of the App, are always processed 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 checking this and notifying the Merchant of any errors. The User downloads and uses the App at their own expense and 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 damage resulting from the use of software on the mobile device that has not been officially approved by the manufacturer of the mobile device’s operating system. The App is provided without any warranty or guarantee of any kind with regard to the functionality of the App and the accuracy of the information displayed in the App.
Potje is not liable if you or a User withdraws money belonging to another User. Please note: by placing money in the App, a User entrusts you, the Merchant, with their money. If you, the Merchant, or a User in that group defrauds another participant by stealing their money, refusing to return the money to the relevant User, or using the money in an unauthorised manner, this is a private matter between you and/or other Users of that group. We will not intervene in such a dispute, nor are we responsible for such losses, and we will not compensate you or another participant in such cases for lost or stolen money.
Except in cases of intent and deliberate recklessness on the part of Potje’s management, Potje is never liable for indirect damage resulting from attributable shortcomings or defects affecting the App, nor for indirect damage on any other grounds, such as, for example, tort.
Potje accepts no liability for property damage, financial loss or any other disadvantage related to the use or misuse of Potje, insofar as this is permitted under mandatory law. In any event, Potje is never liable for consequential damage, including pure financial loss, loss of turnover 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.
Insofar as Potje would nevertheless be liable despite the above, our liability is limited to direct damage up to an amount of EUR 1000 (one thousand euros), which limitation of liability does not apply in the event of intent and/or deliberate recklessness on our part.
Termination
The User has the right to cease using the App and terminate/delete their profile at any time. This can be done by leaving all participated pools and deleting the account. Termination of the profile has no consequences for transactions that were already concluded before the moment of termination. In the event of a breach of any of the obligations and restrictions as set out in these General Terms and Conditions, and upon deactivation or removal of the App from your mobile device, all rights granted to you in relation to the App shall immediately lapse. Potje has the right to terminate the agreement for use of the App at any time, without Potje being obliged to compensate any damages. All amounts owed by the User to Potje are at all times immediately due and payable.
Other
These General Terms and Conditions and all disputes arising from and/or related thereto are governed by Dutch law.
All disputes arising from and/or related to these General Terms and Conditions shall be submitted to the competent court in The Hague, unless mandatory law designates a different competent court. Within 30 days after Potje intends to submit a dispute to the aforementioned court and this has been made known to the User, the User may object, in which case the statutory rules on jurisdiction shall be followed.
If any provision of these General Terms and Conditions proves to be null and void or voidable, or for any other reason becomes or is wholly or partially invalid, the remaining provisions of the General Terms and Conditions shall remain in full force and effect. Potje shall replace the invalid clause with a clause that is valid and whose legal effects, having regard to the content and purpose of these General Terms and Conditions, correspond as closely as possible to those of the invalid clause.
Potje may transfer all claims, powers, rights and obligations, and actions related to the General Terms and Conditions. Potje may pledge all claims, powers, rights and obligations, and actions related to the General Terms and Conditions to third parties (including undisclosed pledges) and shall notify the user thereof. The User hereby declares, now for then, to cooperate with such a transfer or pledge (if and insofar as necessary) and that such third party, in the event of such a transfer, shall be able to exercise all rights against the User.
Contact details
Potje Technologie B.V.
Alexanderveld 5, 2585DB The Hague.
Chamber of Commerce number 84112905
VAT number: NL863101069B01
Website: www.potje.tech
Email: info@potje.tech
