General Terms Scoor voor je Club

Version 1.4, 29 June 2022

1. Definitions

Service

The Scoor voor je Club service offered by Dappre via the Dappre app, which enables Dappre users to save for their favorite club(s) and for themselves.

Dappre

Dappre B.V. statutory seat in 5281RA Boxtel, at the Eindhovenseweg 22a, registered in the trade register of the Chamber of Commerce under number 72325747.

Dappre app

The mobile application, including the underlying digital ecosystem with associated electronic communications infrastructure and services through which the Service can be offered to consumers.

Participant

A recipient of the Service who has installed the Dappre app and who, via a PSD2 provider, has linked it to his or her bank account.

PSD2 Provider

A company licensed by and supervised by the Nederlandsche Bank to offer payment services to consumers.

Digital Savings

Part of the Scoor voor je Club service in which the user manages his/her Club Balance and Personal Balance.

Club Balance

That part of the amount a Participant has collected that is automatically transferred on a monthly basis to one or more clubs based on the Participant’s choice.

Personal Balance

That part of the amount available to a Participant to use for a specific goal that has to be selected from a list. This Personal Balance is limited to a maximum amount. Than it has to be used by the Participant in question for his or her specific goal.

2. General information

2.1

These General Terms and Conditions Scoor voor je Club apply to the Service offered by Dappre via the Dappre app.

2.2

The Dappre app is the property of Dappre B.V. The use of the Dappre app is subject to separate terms and conditions, of which these Terms and Conditions of Scoor voor je Club service are an integral and explicit part.

3. Basic conditions for use of the Service

3.1

The Service can only be used by a Participant who has linked the Service, via a PSD2 provider, to his or her bank account.

3.2

A Participant must meet the conditions set by the PSD2 provider concerned and the conditions set by the Participant’s bank for linking the bank account to a service of a PSD2 provider.

3.3

The Club Balance and the Personal Balance are managed by the Participant himself. In order to prevent the loss of saved amounts in such cases, the Participant should make his own back-up of the data in the Dappre app and remember where he stored the back-up in question. In any case, such a backup should never be stored on the same device.

4. Care and liability

4.1

Dappre states that:

  1. it will exercise the care and competence reasonably expected of it in the execution of its obligations under these General Terms and Conditions Scoor voor je Club;
  2. it will use its best endeavors to ensure that the PSD2 Provider using the Service complies with the obligations it has entered into in relation to Dappre, in particular the obligations concerning the minimization of data processing;
  3. it will not act contrary to the requirements of professional diligence in carrying out its activities, and,
  4. it will manage the balance amounts in accordance with the requirements imposed or to be imposed on it by law and regulations and in accordance with the guidelines of the supervisory authorities.
4.2

Other than as stated in paragraph 4.1 above, Dappre is not liable for any other losses or damages, including indirect or consequential losses.

4.3

Dappre hereby expressly excludes any liability for the service provided by a PSD2 provider and/or by a Participant’s bank.

4.4

Dappre shall not be liable for a breach of an obligation under these General Terms and Conditions Scoor voor je Club if it is hindered or impeded in the fulfilment of its obligations by a cause beyond its reasonable control.

4.5

With the exception of the liability arising from paragraph 4.1, which is unlimited, Dappre’s total liability to a Participant shall under no circumstances exceed the amount in the Participant’s Personal Balance.

4.6

Dappre cannot be held responsible or liable for the loss of any balance amounts, in cases where a Participant is unable to restore his or her account by themselves after loss or damage to the phone on which the Dappre app and the Service are installed. A Participant can prevent the loss of saved amounts by backing up his or her settings themselves and by remembering where he or she has stored the relevant backup.

4.7

Dappre reserves the right to unilaterally amend these General Terms and Conditions of Scoor voor je Club at any time. Any amendments to these General Terms and Conditions of Scoor voor je Club shall be announced online. The published most up-to-date version of the General Terms and Conditions of Scoor voor je Club always applies.

5. Other provisions

5.1

Amounts received while the Personal Balance is already filled with the maximum allowed amount will automatically be added to the Club Balance of the Participant in question.

5.2

After 36 months of inactivity the Personal Balance of the former Participant will lapse.

5.3

Upon expiry of the Personal Balance the balance will be transferred to the last club(s) chosen by the Participant, with deduction of the fee then payable to Scoor voor je Club in accordance with the rates that will apply at that time.

5.4

Unless otherwise stated in these Terms and Conditions Scoor voor je Club, any formal notifications must be in writing and be sent by e-mail (unless Participant sends notification regarding a legal procedure) or by post. Any notice sent by Scoor voor je Club to a Participant shall be addressed to the e-mail address supplied to Dappre by the Participant in question. Any notice to Scoor voor je Club can be sent to Scoor voor je Club, Eindhovenseweg 22a, 5281 RA Boxtel or by e-mail to: [email protected].

5.5

If any provision of these General Terms and Conditions of Scoor voor je Club is invalid or unenforceable, this shall not affect the validity and enforceability of the other provisions of these General Terms and Conditions of Scoor voor je Club. Such an invalid or unenforceable provision must be replaced by a valid and enforceable provision that comes closest to the economic effect of the invalid or unenforceable provision as envisaged by the parties.

5.6

The Service is governed exclusively by the laws of The Netherlands, even if an obligation is wholly or partially fulfilled abroad or if a third party involved in the legal relationship between parties is domiciled abroad.

5.7

The District Court of Oost-Brabant has exclusive jurisdiction to hear disputes between parties regarding the Service unless the law prescribes otherwise. Nevertheless, parties are entitled to submit the dispute by mutual agreement to the court that is competent according to the law.

5.8

Parties will only appeal to the court after they have made every effort to settle a dispute in mutual consultation, either by amicable settlement, by mediation or by arbitration. If the parties opt for arbitration, they shall jointly appoint one arbitrator.

5.9

In the event of a dispute being settled out of court, each party shall bear its own costs and the costs incurred by both parties jointly shall be divided equally between them.

6. Acceptance of general terms and conditions

By using the Service, the Participant accepts these General Terms and Conditions of Service to the exclusion of any deviating own terms and conditions of the Participant.