General Terms Scoor voor je Club

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 1077 XV Amsterdam, at Zuidplein 36, 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.

Club Piggy Bank

That part of the amount a Participant has saved by making purchases from participating companies that is automatically transferred on a monthly basis to one or more clubs based on the Participant’s choice.

Personal Piggy Bank

That part of the amount that a Participant has saved by making purchases from participating companies and that may reach a maximum amount, as indicated in the Personal Piggy Bank, before it must be used by the Participant concerned for his or her personal savings target.

2. General information

2.1

These General Terms and Conditions Scoor voor je Club service 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 Piggy Bank and Personal Piggy Bank 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 service;
  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 savings deposits 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 service 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 of the savings in the relevant Participant’s Personal Piggy Bank.

4.6

Dappre cannot be held responsible or liable for the loss of any amounts saved, 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 Service at any time. Any amendments to these General Terms and Conditions of Scoor voor je Club Service shall be announced online. The published most up-to-date version of the General Terms and Conditions of the Scoor voor je Club Service always applies.

5. Other provisions

5.1

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

5.2

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

5.3

Upon expiry of the Personal Piggy Bank the balance will be transferred to the last club(s) chosen by the Participant, with deduction of the fee then payable to Dappre 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 Dappre to a Participant shall be addressed to the e-mail address supplied to Dappre by the Participant in question. Any notice to Dappre can be sent to Scoor voor je Club, Eindhovenseweg 22a, 5281 RA Boxtel, to Dappre’s business address as stated in article 1 above or by e-mail to: team@scoorvoorjeclub.nl.

5.5

If any provision of these General Terms and Conditions of Scoor voor je Club Service 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 Service. 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.

8 November 2021