General conditions

1. Company

Happy Pot SaRL is a limited liability company based in Zurich, Switzerland. Happy Pot SaRL owns and operates the www.happypot.ch website. The "Happy Pot" trademark is registered under the official number 814 151. The trademark registration was published on 8 May 2024.

Company name : Happy Pot SaRL
Legal form: Société à Responsabilité Limitée (SaRL)
Headquarters : Hornbachstrasse 69, 8008 Zürich, Switzerland
Commercial register number : CH-020.4.083.143-5
Company number : CHE-138.927.337
Brand number : 814151
Application number : 03926/2024
Filing date : 18.03.2024
Source of original publication : Swissreg
Contact : contact@happypot.ch

All users or visitors to the www.happypot.ch website are required to read these terms and conditions carefully and regularly.

2. Purpose and scope of application

These Terms and Conditions of Use (TCU) define the conditions under which Happy Pot SaRL offers access to its services. They specify the reciprocal obligations between Happy Pot SaRL, visitors and users of the website, and apply throughout the duration of use of the www.happypot.ch website.

The TCU must be read carefully and accepted by all users and visitors to the website. In the event of refusal of these TCU, the visitor must immediately leave the www.happypot.ch website.
Continued use of the website by users or visitors constitutes acceptance of the latest published version of the TCU.
Any person using the website, whether to create a Pot, submit a request for reimbursement, pay a contribution or create an account, declares that he or she has read these Terms and Conditions and agrees to be bound by them.
Happy Pot SaRL reserves the right to modify these TCU at any time and without notice. The modifications will be applicable as soon as they are published on the website.

3. Admission

By using the site, the visitor or user declares :

Having full legal capacity to use the services of Happy Pot SaRL.
Undertaking to use these services only for lawful purposes and in accordance with good morals.
Being an individual resident in Switzerland, a member state of the European Union, a member state of the European Economic Area, or a third country with similar anti-money laundering and anti-terrorist financing obligations.

4. Registration and login

Registration on the www.happypot.ch website is required to create a Pot. To become a user:

Fill in the registration form on the homepage or when creating a Pot.
Being of legal age and accepting these Terms and Conditions.
Guaranteeing the accuracy of the data provided at the time of registration.
Users are solely responsible for their login details (valid e-mail address and password) and the use of their account.
Happy Pot SaRL cannot be held responsible for the consequences of the use of a user's login by a third party and/or the loss of a user's login by a user.
Happy Pot SaRL or its payment service provider may refuse a registration request without giving rise to compensation.
Happy Pot SaRL reserves the right to request additional identification information and any supporting documents deemed useful.
The name of the event, its description and the name of the organizer must be filled in carefully. These fields determine the purpose of the mandate given by the participants to the organizer.
The organizer is responsible for the administration of the Pot. He/she is responsible for ensuring that all the elements on the Pot page comply with current regulations and moral standards.

5. Participation in a Pot

The guest can participate in a Pot by paying a sum using:

credit card
Twint
Bank transfer

The credit card payment platform is managed by a secure payment interface. By making a contribution to a Pot, the participant gives the organizer a mandate to use all or part of the contribution to finance the cause described on the Pot page. Users should only participate in Pots where the organizer is a trustworthy person. As Happy Pot SaRL is not the final recipient of Pots, it does not issue proforma invoices.

6. Contribution withdrawal

The participant can, as long as the Pot has not been collected or closed, and without giving any reason, ask for the retraction of his/her contribution. To be valid:

Withdrawal must be requested from the e-mail address indicated on the site within one week of the date of payment.
Withdrawal entails reimbursement of the contribution fee minus Happy Pot SaRL's commission.
The commission paid to Happy Pot SaRL cannot be reimbursed under any circumstances.
The participant is solely responsible to the Pot organizer for the consequences of withdrawing his/her contribution.

7. Customer knowledge

As part of the fight against money laundering, terrorist financing and fraud, Happy Pot SaRL will carry out identity checks for users.

Happy Pot SaRL reserves the right to suspend any transfer request initiated by a user who has not validated the identification procedure.
Happy Pot SaRL reserves the right to ask users to authenticate themselves if it deems this necessary as part of the procedure defined by anti-money laundering and anti-terrorist financing regulations.

8. Use the Pot

The organizer is solely responsible for the proper use of the funds collected.

This use must comply with the mandate given by each participant.
The participant declares to have been informed that Happy Pot SaRL is in no way responsible for the use made by the organizer of the amount of the contributions.
When required, the organizer can collect his/her Pot from the collection interface. To access this interface, he/she must enter his/her password.
To collect the Pot, a bank transfer must be requested. To do this, the organizer must provide his/her bank details.
The minimum transfer amount is one Swiss franc.
The organizer is responsible for the information provided to Happy Pot SaRL to make the transfer. Happy Pot SaRL cannot be held responsible for any incorrect information provided by the user for the transfer.
In accordance with regulations relating to the fight against money laundering and the financing of terrorism, Happy Pot SaRL is required to identify users who have collected money. To carry out this identification, the user must provide a copy of his or her identity document.
Happy Pot SaRL will put the collection of a Pot on hold until the requested documents have been received.
Happy Pot SaRL may also identify any user for whom it deems it necessary to take action to combat money laundering and the financing of terrorism.

9. Arrears

The organizer alone bears the risk of non-payment.

It is expressly agreed that the organizer is responsible for all rejected payments, in particular by credit card.

10. Prohibited activites

Happy Pot SaRL reserves the right to suspend the Pot and deactivate the organizer's account if the Pot-raising violates the general terms and conditions, current legislation and regulations, or if it is likely to undermine public order, public morality, the fight against money laundering and the financing of terrorism, or if it is linked to fraud.
The organizer agrees not to create or organize Pot Pots for illegal activities. The following activities are considered illicit:

The following activities are prohibited:

Activities linked to paedophilia, weapons and drugs.
Extremist, radical or apologetic activities, discriminatory, violent proselytizing or apologetic sites.
Organization of pornographic or violent events.
Gambling provided by companies without a valid license in Switzerland.
Pimping or escorting activities.
Websites promoting or inciting racial hatred.
Astrology or clairvoyance practices.
Sale of alcoholic beverages to take away.
Non-profit associations operating in conflict zones, particularly those occupied by Daech in Syria, Iraq, and Libya.
Associations offering assistance to prisoners in Switzerland and abroad.

11. Account deletion

In the event of a breach of these TCU by a user, Happy Pot SaRL reserves the right to suspend or cancel the user's account immediately and without notice.

12. Responsibility of Happy Pot SaRL for access to www.happypot.ch

Happy Pot SaRL makes every effort to ensure secure access to the www.happypot.ch website, but cannot be held responsible for any difficulties in accessing the website or for occasional malfunctions, as its operation depends in part on factors beyond Happy Pot's control.

Happy Pot SaRL reserves the right to suspend access to the website for maintenance.
Happy Pot SaRL may also modify the website at any time in order to improve its services.
Happy Pot does not guarantee that the website will function on all browsers, operating systems, software configurations and computer equipment. In the event of incompatibility, please contact customer service by e-mail at the address specified on the website.
In the event of a dispute with one or more users or visitors to the website, Happy Pot's liability, whatever the basis, motivation or form of the action, will be limited to the damages suffered.

13. User disputes or requests

Any dispute or request relating to the items below must be immediately notified to Happy Pot SaRL by the user by e-mail:

A malfunction on the www.happypot.ch website.
An error in the making of a payment.
An error in the payment of a transfer.

Contact :

Happy Pot SaRL
Hornbachstrasse 69, 8008 Zürich, Switzerland
Contact : contact@happypot.ch

These Terms and Conditions of Use and legal information are governed by Swiss law. In the event of a dispute, the parties agree to seek an amicable solution before taking any legal action. The courts of Zurich shall have exclusive jurisdiction in the event of any dispute arising out of or in connection with the interpretation or performance of these terms and conditions.

14. Privacy policy

The www.happypot.ch platform published by Happy Pot SaRL attaches great importance to the protection of your personal data. We are committed to ensuring the highest level of data protection in accordance with the French Data Protection Act.

Data Controller

The data controller is Happy Pot SaRL, registered under the official number 814 151, with registered office at Hornbachstrasse 69, 8008 Zurich.

Collected data

We collect the following personal data:

When creating a profile: last name, first name, e-mail address.
When creating a Pot: first and last name, project title, description, objective, target amount, organizer and beneficiary information.
When contributing to a Pot: surname, first name, nationality, country of residence, telephone number, date of birth, payment details.
In the event of contact with customer service: surname, first name, e-mail address, Pot link, content of the request.

Use of Data

Your data is used for:

Providing and managing our services.
Verifying the identity of users and beneficiaries.
Responding to your requests for information and support.
Preventing fraud and money laundering.

Legal Basis

We process your data on the following legal bases:

Contractual performance: to provide you with our services.
Legal obligations: to comply with anti-money laundering and anti-terrorist financing regulations.
Consent: for marketing communications, subject to your prior consent.

Retention Period

Your data will be kept for a period of :

3 years after last activity for account management data.
5 years after the closure of your account for data relating to the fight against money laundering.

Data Sharing

Your data may be shared with:

Authorized Happy Pot personnel.
Our subcontractors for services such as hosting, security and payment transactions.
Administrative or judicial authorities when required by law.

Your rights

You have the following rights:

Access, correction and deletion: you can access, correct or request the deletion of your data.
Restriction and objection: you may request restriction of the processing of your data or object to their processing.
Portability: you can receive your data in a machine-readable format and transfer it to another data controller.
Withdrawal of consent: you may withdraw your consent at any time.

To exercise these rights, please contact us at: contact@happypot.ch.

Data security

We implement all necessary security measures to protect your personal data against loss, unauthorized access or disclosure.

Modifications

We reserve the right to modify this privacy policy. Changes will be effective immediately upon posting. We will inform you of any significant changes.

If you have any questions, please contact us at contact@happypot.ch.