Terms and Conditions
The general terms and conditions describe what conditions and restrictions apply to the use of the FP app. Unfortunately this has to be a formal document and may be difficult to read, although we have tried to keep it short.
The general terms and conditions describe:
- purpose of the terms and conditions
- right to use the FP app
- exclusion and limitation of liability
- availability of our services
- amendment, suspension and termination
- contents of the personal passport
- limitations of the functions within the app FP
- dispute resolution: applicable law and choice of forum
- acceptance Terms and Conditions
- amendment and addition of General Terms and Conditions
If necessary, ask your care provider or adviser to explain what is in this document.
By using the app FP you accept these terms.
Purpose of this document
These general Terms and Conditions apply to every use of the FP app of “Stichting Financieel Paspoort” / Financial Passport Foundation, hereinafter referred to as the Foundation. Use also includes downloading and installing this FP app.
If one or more provisions in these Terms and Conditions should be annulled or made invalid, the remainder of the Terms and Conditions will remain fully applicable. The invalid or annulled provision will be replaced by the Foundation, whereby the purpose and the meaning of the original provision will be taken into account as much as possible.
The Terms and Conditions can only be deviated from with the consent of the Foundation and after written confirmation.
Right of use
The FP app is only intended for individual use by natural persons. Natural persons who fulfill a function within an organization can use the FP app, but may do so solely in a personal capacity.
For any form of use that deviates from what is allowed, the user must contact the Foundation in advance, so that the Foundation can assess which solutions are available for this specific need (s) and under which conditions this will take place.
If a user is younger than 18 years of age, he/she must have the permission of his/her parent(s) or his/her legal representative(s) for the use of the FP app. By accepting the Terms and Conditions, the user guarantees that he or she is 18 years or older or has permission from his or her parents or legal representative(s).
The Foundation always has the right to deny a user the right to use the FP app in every case where the Foundation is of the opinion or considers that there has been an improper use of the FP app. In addition, the Foundation may terminate the right of use at any time with due observance of a notice period of one calendar month.
The Foundation does not offer any technical support and therefore does not guarantee that the FP app functions correctly (error-free) on the device chosen by a user.
It is forbidden for a user of the FP app to::
• distribute the FP app in any way and / or make the FP App available to a third party;
• to use the FP app for commercial purposes without the approval of the Foundation;
• to disassemble, decompile or reverse engineer the FP app.
Exclusion and limitation of liability
The Foundation can only be held responsible for, and therefore only accepts liability with regard to, its own actions and not for or with regard to the actions of third parties by whom or with whom connections are entered into on the basis of the FP app.
The Foundation rejects any responsibility for the consequences of using the FP app in a manner that is not explicitly permitted.
The FP app is explicitly not applicable as a means by which a user can use his or her financial administration. A user is explicitly responsible for his or her own financial administration and for keeping digital and/or physical copies as well as the original files. The Foundation accepts no liability for the destruction and/or undesirable provision of (parts of) a user’s financial data in cases where the cause of this lies with a third party that is not engaged by the Foundation.
The Foundation is only liable for direct damage and therefore never accepts liability for indirect damage, such as consequential damage. This clause is only mitigated if the damage is the direct result of intent or gross negligence on the part of the Foundation.
The liability of the Foundation is at all times limited to the maximum amount actually paid out by any insurance taken out in this matter, or in the absence of such insurance or payment up to an amount of € 500.00 (five hundred euros) per event, and in which several related events are considered as one whole.
The user indemnifies the Foundation, or at any rate indemnifies it in full in respect of claims for performance, compensation or other claims from third parties arising from or related to the use of the FP app, in the broadest sense of the word.
Availability of our services
The Foundation offers the free version of the FP app without any implicit or explicit guarantees regarding the quality or availability of the FP app. The FP app is offered through the Apple Store and the Google Play Store. The availability of the FP app in these stores can be interrupted for maintenance, repairs and upgrades, or terminated entirely.
The Foundation may discontinue some or all of its services at any time, including certain features and support for certain devices and platforms. Events that are outside the Foundation’s sphere of influence, such as natural events or other situations of force majeure, may affect the Foundation’s services.
Access to personal financial passports created by a user on his/her device is protected with a personal PIN code. Only the user knows this code. The Foundation cannot help a user if this code has been lost. In this case, a user can create a new personal passport and retrieve his/her data from the various sources.
The right of use applies in principle for the duration that the FP app is operational or until the moment that a user deletes the app from his or her device. However, the Foundation has the explicit right to terminate the availability of the FP app at any time, whether or not temporarily, in cases where there is a change in the law or other changed circumstance that a continuation of the FP app in the opinion and insight of the Foundation is no longer desirable or possible.
The Foundation may change, suspend or terminate access to or use of the FP app if the Terms and Conditions or their intentions are violated, or if use of the FP app causes injury or potential (legal) risks for the Foundation to users or others.
If a user is no longer entitled to use the FP app, he or she is obliged to remove the app immediately from the device or the devices on which the app is installed.
Content of the personal passport
The Foundation does not have any personal information from the user, nor does it interfere with the content of what a user has collected using the FP app. Similarly to taking care of personal data in paper form and digitally on one of his/her own devices, the user is responsible for protecting his/her own data collected via the FP app. The Foundation strongly recommends that the user provides all devices with good access security and keeps the personal PIN code secret on the FP app.
The FP app contains data that was retrieved from sources for which the user has personal access. The quality and correctness of this data is determined by the managers of the sources. The Foundation does not guarantee that this information is correct.
Limitation of functions within the FP app
Use of the general part of the FP app is free and (within these Terms and Conditions) freely accessible. The Foundation reserves the right to restrict certain parts and functions within the app.
Dispute resolution: applicable law and choice of forum
The services of the Financial Passport Foundation or affiliated organizations, based on the FP app, are exclusively governed by Dutch law, even if an obligation is fully or partially implemented abroad or if a third party involved in the legal relationship between parties or party has domicile there.
The District Court of Oost-Brabant is primarily competent to hear disputes between parties, unless the law prescribes otherwise. Nevertheless, the parties have the right to submit the dispute by mutual agreement to any competent court according to the law.
The parties will first appeal to the court after they have made every effort to settle a dispute by mutual agreement, either by amicable settlement, by mediation or by arbitration. When parties opt for arbitration, they jointly appoint one arbitrator.
In the case of extrajudicial dispute settlement, each party bears its own costs and the costs that are incurred jointly for both parties are equally divided between the parties.
Acceptance of Terms and Conditions
By using the FP app, the user accepts these General Terms and Conditions, with the exclusion of any deviating own conditions. Every time the user installs the FP app or upgrades it to a new version, the conditions have to be accepted before he/she can continue to use the FP app. These current conditions and the time that the user has accepted them can always be viewed in the FP app under Settings – General Terms and Conditions.
Changes and supplements to the Terms and Conditions
These Terms and Conditions can be amended or supplemented by the Foundation. If, and as soon as this happens, the user will receive a notification. Any further use after this notification is made, implies acceptance of the modified and/or supplemented version. The text of the current conditions are available in the app under Settings – General Terms and Conditions.
Changes to the Terms and Conditions may be associated with a new version of the FP app. The Foundation reserves the right to terminate the use of older versions of the FP app and to force the update to a new version. To do this, the FP app checks at startup at a central location what the currently available version is. No personal data is exchanged or stored here.
The Foundation will endeavour to keep the FP app working on the current versions of Android and Apple IOS. The user is explicitly recommended to install the current versions before the startup of the app FP.
Version May 2021