1. Company

Happy Pot LLC is a limited liability company headquartered in Zurich, Switzerland. Happy Pot LLC owns and manages the website www.happypot.ch. The site aims to simplify group expenses.

·       Company name : Happy Pot LLC

·       Legal form : Société à Responsabilité Limitée (SARL)

·       Registered office : Pfadhagstrasse 7, Wallissellen

·       Registration in the commercial register: CH-020.4.083.143-5

·       Business number : CHE-138.927.337

·       Contact : contact@happypot.ch

Anyone accessing the website www.happypot.ch, whether a user or visitor, must carefully and regularly read the terms and conditions (“Terms of Use”).

 

      2. Purpose and Scope

These Terms of Use detail the conditions under which Happy Pot LLC provides access to its services. They describe all reciprocal obligations between Happy Pot LLC, visitors, and users of the site and are applicable throughout the use of www.happypot.ch. The Terms of Use must be read carefully and accepted. Happy Pot LLC may modify these Terms of Use at any time without notice. The changes will be effective upon publication on the site. The continued use by users or visitors implies acceptance of the latest published version of the Terms of Use. If the visitor refuses these Terms of Use, they must leave the website www.happypot.ch. Anyone using the site, whether creating a pot, submitting a refund request, making a contribution, or creating an account, declares having read and accepted these Terms of Use.

 

      3. Admission

 

By using the website, the visitor or user declares having the legal capacity to use the services of Happy Pot LLC and undertakes to use these services only for lawful and morally acceptable purposes. Additionally, you declare that you are a natural person residing in Switzerland, a European Union member state, an EEA member state, or a third country imposing similar obligations regarding anti-money laundering and counter-terrorism financing.

 

      4. Registration and Credentials

Registration on the website www.happypot.ch is mandatory to create a pot. However, registration is not required to participate in a pot or submit a refund request. To become a user, it is necessary to complete the registration form accessible from the homepage or when creating a pot. Registration requires the individual to be of legal age and to accept these Terms of Use. During registration, the visitor guarantees the accuracy of the provided data. The user is solely responsible for their credentials, consisting of a valid email address and a password, and for the use of their account. Happy Pot LLC cannot be held responsible for the consequences of a user’s credentials being used by a third party and/or the user losing their credentials. Happy Pot LLC or its payment service provider may reject a registration request, and such a refusal does not entitle the user to any compensation. The company reserves the right to request additional identification information, data, and any supporting documents it deems necessary at any time. The event name, description, and organizer’s name must be filled in carefully, as these fields determine the purpose of the mandate given by participants to the organizer.

 

      5. Participation in a pot

 

Guests can participate in a pot by contributing through their credit card, PayPal, Twint, or bank transfer. The credit card payment platform is managed by the secure PayPal payment interface. By participating in a pot, the contributor authorizes the organizer to use all or part of their contribution to fund the cause described on the pot’s page. Users should only participate in pots where they trust the organizer. Since Happy Pot LLC is not the final recipient of the funds, it only issues proforma invoices.

 

      6. Withdrawal of Participation

Participants can request withdrawal of their contribution as long as the pot has not been collected or closed, without providing a reason. To be valid, the withdrawal must be requested to the email address on the site. Withdrawal results in the reimbursement of the contribution amount. However, the commission paid to Happy Pot LLC is non-refundable. The participant is solely responsible for the consequences of withdrawing their contribution concerning the pot’s organizer.

 

      7. Customer Knowledge

 

In compliance with regulations, certain users must be identified. In the fight against money laundering, terrorism financing, and fraud, the identity of users exceeding specific thresholds must be verified. Happy Pot LLC reserves the right to suspend any transfer request initiated by a user who has not completed the identification procedure. The company may ask a user to authenticate themselves if it deems it necessary as part of the procedure defined by anti-money laundering and counter-terrorism financing rules.

 

      8. Pot Usage

The organizer is solely responsible for the proper use of the collected funds, i.e., the total sum of contributions to their pot. This usage must comply with the mandate given by each participant. The participant declares being informed that Happy Pot LLC is not responsible for the organizer’s use of the contribution amounts. The organizer can collect their pot through the collection interface when desired, requiring password input. Pot collection necessarily involves requesting a bank transfer or Twint payment, with the organizer providing their bank details. The minimum amount for a transfer is one franc. The organizer is responsible for the data provided to Happy Pot LLC for a transfer, and the company cannot be held responsible for incorrect information given by the user for their transfer. In accordance with regulations related to anti-money laundering and terrorism financing, Happy Pot LLC is obligated to identify users who have collected on one or more pots. To proceed with this identification, the user must provide a copy of an identification document. Happy Pot will suspend pot collection until the requested documents are provided. Happy Pot LLC may conduct the same identification for any user when deemed necessary in the context of the fight against money laundering and terrorism financing.

 

      9. Unpaid debts

The organizer bears the sole responsibility for the risk of unpaid contributions. It is expressly agreed that the organizer undertakes to bear all payment rejections, especially by credit card.

 

      10. Prohibited Activities

 The organizer agrees not to organize illicit pots. Illicit pots include those related to radical or discriminatory extremist actions, pornographic or violent events, without limitation. Happy Pot LLC reserves the right to suspend the pot and the organizer if the pot violates the terms and conditions, engages in prohibited activity, or contravenes applicable laws and regulations or is likely to harm public order, morals, the fight against money laundering and terrorism financing, or is involved in fraud.

 

The following activities are prohibited:

·      Activities related to pedophilia, weapons, and drugs.

·  Gambling activities provided by companies without valid authorization in Switzerland, gambling provided in countries where gambling is not authorized.

·       Escorting activities (prostitution in Switzerland).

·       Sites that promote or incite racial hatred.

·      Violent proselytism sites on the Internet.

·    Sites that advocate terrorism or collect funds related to terrorism financing or promote terrorism.

·     Buying or selling precious metals and gemstones (iron, gold, silver, platinum, palladium, etc.).

·       Buying or selling luxury jewelry and watches.

·       Gambling activities with or without a license, e.g., poker, roulette, etc.

·       Astrology or clairvoyance.

·       Selling alcoholic beverages for takeout.

·      Non-profit organizations working with people in combat zones, particularly those occupied by ISIS in Syria, Iraq, and Libya.

·       Associations having any occasional activity with a combat zone.

     11. Account Termination

 

In the event of a user’s breach of these Terms and Conditions, Happy Pot SaRL reserves the right to suspend or terminate their account immediately and without prior notice.

 

     12. Protection of Personal Data

 

The platform www.happypot.ch, published by the company Happy Pot SaRL, is committed to protecting your personal data. It undertakes to ensure the highest level of protection for this data in compliance with the Data Protection and Freedom of Information Act. The collection of your data is necessary for managing your requests, creating funds, monitoring participation in an online fund, or improving website navigation. Mandatory or optional data is indicated on the site’s collection forms. In the absence of communication of “mandatory” data, your request cannot be processed. Your data is not disclosed to third parties, and if information were to be transmitted to commercial partners, your prior consent would be sought.

 

     13. Happy Pot SaRL’s Responsibility Regarding Access to the www.happypot.ch website

 

Happy Pot SaRL ensures that every effort is made to ensure secure access to the website www.happypot.ch, but cannot be held responsible for difficulties in accessing the site or occasional malfunctions thereof, as its operation depends in part on factors beyond Happy Pot’s control. Happy Pot SaRL reserves the right to suspend access to the site for maintenance. Additionally, when deemed necessary, Happy Pot SaRL may modify the site to improve its services. Happy Pot does not guarantee the operation of the site on all browsers, operating systems, and regardless of software configurations and computer equipment used. In case of incompatibility, you are, however, invited to contact customer service via email at the address specified on the site. In the event of a dispute with one or more users or visitors to the site, Happy Pot’s responsibility, regardless of the grounds, motivation, and form of action, will be limited to the damages suffered.

 

     14. User Disputes or Requests

 

Any dispute or request related to the following elements must be immediately notified to Happy Pot SaRL by the user via email:

·       Malfunction of the “Happy Pot” website.

·     Error in the execution of a payment.

·   Error in the transfer of a bank transfer.