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Hello, we’re Collection Pot. Through our platform (accessible on our website https://www.collectionpot.com) our users can set up different collection pots (“Pots”) as creators (each a “Creator”) to allow a group of individuals to contribute money for the benefit of someone or for a special event (a ”Recipient”) (collectively, our “Services”).
Collection Pot Europe Limited is a limited company registered with the Companies Registration Office in Ireland (company number 728944) with a registered address at 40 Mespil Road, Dublin 4, Ireland (“we”, “us” and “our”). We are not directly regulated by the Central Bank of Ireland and we have partnered with third-party financial institutions (each a “Payment Services Provider”) to provide you with our Services (as detailed in the relevant Parts below)
If you’d like to get in touch with us about our Services, please contact us at hello@collectionpot.com.
If you have a user account with us on our platform (a “Platform Account”) don’t forget to check your emails as that is normally how we will contact you about your Platform Account or any Pots you created with us.
These Terms and Conditions (the “Terms”) are split into the following parts:
We recommend reading these carefully to familiarise yourself with our Terms and understand how our Services work.
Where you have created a Pot with us as a Creator, please be sure to also read your agreement with the relevant Payment Services Provider carefully, which is separate to these Terms. You can find more information about this and our relationship with any relevant Payment Services Provider in Part 2 of these Terms.
1.1 You can contribute money to an existing Pot (a “Contribution”) via our platform either:
1.2. You do not need to have a Platform Account with us to contribute to someone else’s Pot. If you do not have a Platform Account with us we will ask you for your full name and email address before you make your Contribution.
1.3. In order to contribute to a Pot, you will be required to provide information regarding your debit or credit card or other payment method that you have selected. You represent and warrant to us that such information is true, current, and accurate and that you are authorised to use the applicable payment method you have selected. You also agree that certain limits may apply to your Contribution (as set by the Creator) and that all Contributions are final and will not be refunded, except in the instances set out in clause 4.2 of this Part 1.
2.1. Please note that we are not an authorised payment institution and we do not hold any of your money when you make a Contribution via our platform. Instead, we use a Payment Services Provider (in this case Checkout Ltd) to process all Contributions for us. You acknowledge and agree that the use of such Payment Services Provider from our side is integral to the processing of Contributions and that we exchange certain information about you and your Contributions with this Payment Services Provider in order to facilitate these activities. For more information about how we use, share and protect your personal data please take a look at our Privacy Policy. The Payment Services Provider(s) will also have their own privacy policy which you should look at for further information about how they also use, share and protect your personal data.
2.2. All Contributions are at your own risk. When you make a Contribution through our platform, it is your responsibility to understand and confirm with the Creator how your money will be used. We are not responsible for any offers, promises, rewards or other promotions made or offered by a Creator or another contributor. We do not and cannot verify the information that Creators or other contributors supply, nor do we represent or guarantee that the Contributions will be used either in accordance with any specific purpose prescribed by a Creator or another contributor or in accordance with applicable laws.
2.3. Nevertheless, we and our Payment Services Providers take possible fraudulent activity and the misuse of funds reported to us very seriously. If you have reason to believe that a Creator is not raising or using any Pot funds for their stated purpose, please contact us at hello@collectionpot.com to inform us of this potential issue and we will promptly investigate.
2.4. You acknowledge and agree that we and our Payment Services Provider have the right to:
3.1. We may charge you a transaction fee when you make a Contribution. The transaction fee will be automatically deducted from your Contribution total before it reaches the relevant Pot. You will be able to see any applicable fees before submitting your payment instructions on our platform.
3.2. Before finalising your payment instructions you will also be given the option to top-up your Contribution with an additional voluntary amount to cover processing fees and platform costs, however this is not obligatory, but helps us develop and enhance our Services.
3.3. To learn more about how we charge and calculate our transaction fees, please visit the ‘Pricing’ section of our website.
4.1. We will always try to issue an electronic confirmation via email to you once the Contribution has been concluded. However, please note that any failure by us to issue an electronic confirmation will not prejudice or affect the relevant Contribution and we will not bear any liability whatsoever resulting from the failure to issue an electronic confirmation.
4.2. Contributions will be credited to the relevant Pot immediately upon successful execution and the Pot balance will also be updated accordingly. However, in some cases we may need to provide you with a full refund of the value of your Contribution together with any transaction fees paid, including if:
Subject to clause 4 of Part 3 below, you agree that we are not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by us issuing such refunds.
Note: This Part 2 will only apply to you where you have a Platform Account with us.
1.1. To be eligible to open a Platform Account with us and create Pots as a Creator, you must:
1.2. You’ll also need to provide us with some important information about yourself, such as your address, contact details (such as a valid email address and phone number), nationality, and date of birth so that we may verify your identity in order to comply with our customer due diligence requirements, our internal procedures and any request from our Payment Services Providers. In the event that we reject your application for a Platform Account with us, in our sole discretion, we will not be required to provide you with a reason.
1.3. If any of this information changes (like your contact details or your full name), or you are no longer eligible to have a Platform Account with us, you must let us know right away by contacting us through our platform. We may also make additional enquiries from time to time (whether directly or through third parties) we think necessary to verify your identity and to manage our risk in connection with your Platform Account or any Pots you create, or are the Recipient of, (for example to protect you and/or us against fraud or other financial crime) and to take any action we believe is necessary based on the results of such enquiries. Information collected from you will be shared with credit reference and fraud prevention or financial crime agencies, or our Payment Services Providers.
1.4. For more information about how we use, share and protect your personal data and our reasons and legal basis for doing so, please see our Privacy Policy.
1.5. When logging into our platform you’ll find important information about your Platform Account such as (a) your Pot balances and any recent Contributions that have been made and by whom, where you are the Creator of the Pot, and/or (b) information about any Pots created by others for you as the Recipient.
2.1. With your Platform Account you will be able to create one or more Pots as a Creator by selecting the “Create a Pot” option on our platform.
2.2. You acknowledge and agree that each Pot you create:
2.3. Any Pot you create as a Creator is not a current account, savings account or a deposit account. You will not earn any interest on the funds held in your Pot and no deposit guarantee scheme nor any form of investor compensation scheme available in any EEA state shall apply to the funds held in the Pot.
2.4. For all Pots (other than Legacy Pots), as an electronic money institution, the Payment Services Provider is required to ensure that all ‘relevant funds’ are appropriately ‘safeguarded’ in accordance with legal and regulatory requirements. This is achieved via the ‘segregation method’ which means that relevant funds received by the Payment Services Provider corresponding to electronic money are held in one or more segregated bank accounts with one of the Payment Services Provider’s partner credit institutions separately from their own funds so that they are protected if the Payment Service Provider becomes insolvent.
2.5. You can currently create any of the following types of Pots on our platform:
Please note that you will be able to change your Pot type after you have created your Pot, however we may charge you an administration fee for this.
2.6. When creating the Pot you’ll be asked to set:
Before the Contribution End Date, you will be able to change the Recipient and the Contribution End Date at any time through your Platform Account, subject to complying with these Terms.
2.7. Once the Pot is created, you’ll be given a unique link that you can share with your friends, colleagues, or family so they can contribute funds to your Pot.
3.1. As the Creator you represent and warrant that:
3.2. All Pots are set up for group collections, so if a Pot reaches its Contribution End Date with only a single Contribution, or if all Contributions are from the same person, we may decide to refund the Contribution(s) back to the original contributors rather than allow the Pot to be spent or redeemed.
3.3. We may, at any time, for any reason, without notice, and in our sole discretion, offer or issue a refund of any Contributions made to your Pot with or without consulting with you by automatically debiting the relevant amounts directly from your Pot, which may comprise the entire amount in your Pot, including where:
Subject to clause 4 of Part 3 below, we are not liable to you or to any third party for any claims, damages, costs, losses, or other consequences caused by us issuing such refunds.
3.4. Subject to any applicable terms of a Payment Services Provider, you may delete or close a Pot with no Contributions at any time.
3.5. Unless otherwise agreed with you in writing, each Pot shall have a minimum duration of two (2) business days.
4.1. When a Pot reaches the Contribution End Date you agree that we will not be able to accept any other Contributions. You can make a request to re-open a Pot after the Contribution End Date on the platform however, we may not always be able to re-open the Pot for you and we will decide whether we can approve your request in our sole discretion.
4.2. If you are the Creator and you have set yourself as the Recipient of a Pot and, unless you have set-up a Product Only Pot, you’ll be able to select between:
4.3. If you are the Creator of the Pot and you have set someone else as the Recipient, you will need to provide us with the full name and email address of the Recipient. On the Contribution End Date, we will send an automated email to the Recipient asking them to set up a Platform Account with us in order for them to redeem the Pot. Unless you as the Creator have set-up a Product Only Pot, the Recipient will be able to select between:
These options will only remain available to the Recipient for a period of 6 months from the Contribution End Date.
4.4. Where you are the Recipient of a Pot you need to make sure that you give us clear instructions when redeeming the Pot and that you’ve carefully checked any relevant payment details you have provided to us, as we’ll generally assume the instructions you give us are correct. You will not be able to change or cancel any payments made from a Pot as they are processed instantly by our Payment Services Provider. You represent and warrant that you are authorised to use any relevant bank account information that you have provided us to redeem the Pot.
4.5. We’ll always follow the Recipient’s instructions for the redemption of the Pot funds, but there could be some exceptions where we can't, including where:
4.6. Sometimes we might also need to make checks before we execute the Recipient’s instruction to purchase a Product or make an onward payment, or the Recipient may need to provide us with more information, which may delay things. Where possible, we’ll notify the Recipient when an instruction hasn’t been followed (unless we can’t by law, or for security reasons). Where possible, we’ll also tell the Recipient why this has happened and how they can resolve the issue.
5.1. After the Contribution End Date, the Pot will remain open until there are no funds in the Pot, at which point we will automatically close the Pot for you. A Pot with Contributions is not subject to an expiration date.
5.2. If the Pot is not fully redeemed within 6 months from the Contribution End Date, we will be entitled to charge a monthly administration fee which will be deducted directly from the Pot until the Pot is closed pursuant to clause 5.1 of this Part 2.
6.1. We don’t charge you anything for using your Platform Account or for creating new Pots as a Creator, except where it is necessary for us to charge you an administration fee pursuant to clause 2.5 or 5.2 of this Part 2. You might however have to pay some other fees or taxes from time to time (for example to any third parties for their services), but these are not applied by us and are applied by third party providers.
6.2. You acknowledge and agree that we may set off any available credit balance in the Pot you created as a Creator in the event you owe us or our Payment Services Providers any fees or debt as they become payable.
7.1. You agree to only access your Platform Account using your unique log-in details. You must always ensure that you keep your log-in details and any one-time passwords safe and not disclose them to anyone else or allow anyone else to access your Platform Account on your behalf.
7.2. If you believe that your Platform Account has been compromised or you do not recognise activity on your Platform Account or Pots, you should immediately contact us at hello@collectionpot.com or by phone on +44 (0)330 1755 428. If you don’t do this and someone makes an unauthorised payment from any of your Pots, we may not be able to refund you.
8.1. You can close your Platform Account at any time directly from your Platform Account settings on our platform, provided there are no outstanding balances in any Pots you have created as a Creator. Alternatively, you can request Platform Account closure by contacting our support team at hello@collectionpot.com.
8.2. We may close your Platform Account, or suspend your access to your Platform Account, if for example:
8.3. Where we have suspended your Platform Account you may not be able to instruct us to send or receive payments in any of your Pots during that time and until the reason for suspending you is resolved. Unless we can’t tell you by law or for security reasons, we will let you know your Platform Account is suspended and where possible explain why.
8.4. When we close your Platform Account, we’ll return the remaining balance of any Pots you created as a Creator back to the original contributors after we deduct any outstanding payments and charges.
8.5. Your Pots are limited to use in connection with your Platform Account. If you no longer have a Platform Account with us, all Pots you have created as a Creator will be closed (in accordance with Modulr’s Terms and Conditions), as they are only available to you as a Platform Account holder.
8.6. Closing your Platform Account doesn’t affect any rights you or we have under these Terms before they are terminated.
9.1. To make a complaint about our Services please contact our support team at hello@collectionpot.com. Complaints will be processed within 15 working days of receipt by us. The complaint will be investigated by us, and we will report the results of our investigation to you. If it relates to funds held in your Pot or any related transaction, we may also escalate your complaint to one of our Payment Services Providers if necessary, including where your complaint is regarding a Pot you created as a Creator.
9.2. If your complaint relates to your Pot, Platform Account or any financial transaction undertaken through our Services you may be able to refer it directly to Modulr Finance B.V under the provisions relating to complaints included in the Modulr Terms and Conditions, or an applicable regulatory authority (as communicated by us or Modulr, as applicable, from time to time).
1.1. Where you are the Recipient of a Pot and you have selected to use the Pot funds by purchasing one or more Products, you acknowledge and agree that the Products may be offered to you as the Recipient by us via our third-party providers (each a “Product Provider”) or sold to you directly by us (depending on the Product you select to purchase). Different terms will apply when Products are sold to you via one of our Product Providers (see section A of this Part 3), or when Products are sold by us directly (see section B of this Part 3).
1.2. The purchase of any Product via our platform may be subject to the Product Provider’s separate terms and conditions with certain limitations, including specific validity periods or exclusive in-store or online redemption requirements (as applicable). These restrictions are beyond our control, however, whenever possible, we will do our best to provide information for each Product Provider including a link to their terms and conditions, but you may need to access these yourself prior to agreeing to purchase any Product on our platform.
1.3. If you have chosen to use Pot funds to purchase a Product supplied by one or more of our Product Providers, you agree that such Product Provider(s) will be granted access to your personal data, to the extent such data is necessary to fulfil their contractual obligations to you. The Product Provider(s) will also have their own privacy policy which you should look at for further information about how they also use, share and protect your personal data.
1.4. We cannot guarantee that a Product from your Product Provider of choice will be available on our platform at all times, and we reserve the right to withdraw or change the Product Providers available on our platform at any time and without prior notification to you.
1.5. We will not be responsible to you for any actions taken by a Product Provider regarding the redemption of a Product. We are also not responsible to you for any refunds or cancellations of any Product (as applicable), which will be subject to the terms of the agreement you have with the Product Provider, so be sure to check this carefully before confirming your purchase. Subject to clause 4 of Part 4 below, we will not be liable to you for any losses you suffer as a result of a Product purchased through a Product Provider.
1. Orders and Delivery
1.1. Where you have placed a Product order directly with us, we will contact you to confirm we've received and/or accepted your order. You understand that we reserve the right to reject orders in certain circumstances, for example, because a product is unexpectedly out of stock, because we can't verify your age (where the product is age-restricted), because you are located outside our delivery areas, as stated on our website or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have used for these products to your Pot.
1.2. If our supply of your Product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. If the delay is likely to be substantial you can contact our Customer Service Team and we may be able to cancel the order. If the order is cancelled, you will receive a refund to your Pot for any Product you have paid for, but you have not received.
1.3. We will generally notify you of the dispatch dates available and the expected timeframe for receiving your Product. However, we do not guarantee delivery dates or times. We will make you aware of delivery charges (if any) before you place your order.
1.4. A product's true colour may not exactly match that shown on your device or in our marketing, or its packaging may be slightly different. The images of the products on our website or our Product Providers’ websites are for illustrative purposes only.
1.5. Please note that if certain Products are unavailable, we may substitute them with alternative Products unless you request us not to do so while placing your order. Please contact our Customer Service Team as soon as possible if you would like a refund to your Pot instead of the substitute Product.
1.6. If we're making or supplying the Product to specific measurements or other specific instructions you provide (such as any personalisation), you're responsible for making sure those are correct. Please double-check your order on screen and your acknowledgement email carefully to check that all the details are correct.
1.7. If you are uploading a photograph, video or audio file you must ensure that you have obtained all relevant permissions to use the photograph, video or audio file from any persons in the photograph, video or audio file and that the photograph, video or audio file is otherwise appropriate to upload.
1.8. By uploading or including any content or material (including but not limited to photographs, graphics, text and other material) (“Creator IP”) in a personalised Product, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing our obligations under these Terms and exercising any rights you may grant to us. Please note that we may modify content or material in order to conform it to the requirements of the Product you have ordered (such as by cropping images).
1.9. If you use third party copyright in any personalised Product, it is your responsibility to ensure that you seek permission from the copyright owner. We will not accept any liability whatsoever if any Creator IP infringes third party copyright. You agree to indemnify, defend and hold us harmless against any third-party claim of infringement for use of such third party’s intellectual property on the personalised Product. You will be held responsible for any fees and third-party damages we may have to pay to a third party because of such infringement and you will be liable to reimburse these payments to us in full.
1.10. You shall not use or include any Creator IP or any other content on any personalised Product which:
1.11. The rights and ownership to the Creator IP will remain yours, or the person who gave you permission to use the Creator IP.
2.1. For most of our Products, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. You can't, however, change your mind about an order for: (i) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; (ii) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; (iii) Products that are made to your specifications or are personalised, including gift cards; (iv) goods which become mixed inseparably with other items after their delivery; (v) digital products after the Recipient has downloaded the digital product; or (vi) perishable goods, such as food, drink and flowers, which deteriorate rapidly.
2.2. If you change your mind about a Product, you must let us know no later than 14 days after:
2.3. Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms will not limit your legal rights and remedies under that legislation. These Terms will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and that legislation, the mandatory provisions of the legislation will apply.
3.1. If your Product is in the form of goods, you have to return the Product (including any free gifts provided with it) to us within 14 days of your telling us you have changed your mind.
3.2. Returns are at your own cost, unless we (or our applicable Provider) offered free returns when you bought the goods. In the event your goods (including gift cards or vouchers) are faulty or misdescribed, you may be entitled to have the goods collected free of charge or to be reimbursed for the reasonable costs of returning them.
3.3. You should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time may not refund you the price. For help with returns, including our collection arrangements for Products which can't be posted, see our Returns Process.
3.4. Any refunds will always be made to the applicable Pot unless we agree with you otherwise. We don't charge a fee for the refund.
3.5. We don't refund any extra you have paid for express delivery or delivery at a particular time.
3.6. If you handle the Product in a way which would not be acceptable in-store, we may reduce your refund, to compensate us for its reduced value. For example, we may reduce your refund if the Product’s condition is not "as new", price tags have been removed, the packaging is damaged, or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team can advise you on whether we're likely to reduce your refund.
3.7. If your Product is digital content or goods that haven't been delivered or that we're collecting from you, we will refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your Product is goods that you're sending back to us, we will refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us).
1.1. You may not use any of our Services to in any way:
2.1. All information, data and copyright material contained in our Services, our platform and website, including any trade marks (whether registered or unregistered), trade names, brands and logos belong to us or its licensors who have given us permission to use them. We and our licensors are and shall remain the owner or licensee of all intellectual property rights in our Services and the material or content published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Unless expressly provided under these Terms, we do not grant to you any rights in any of our Services which shall at all times remain the sole and exclusive property of us or our licensors.
2.2. Any material or content you upload via our Services (whether as the Creator or a contributor) which is displayed on our platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content or material, but when you upload your content you grant us a worldwide, non-exclusive, royalty-free, transferable, sub-licensable licence to use your content, including to reproduce (e.g. copy), adapt, make derivative works (e.g. to translate and/or create captions), perform and communicate your content to the public (e.g. to display it), for the purposes of operating, developing, marketing and providing our Services.
3.1. We may update these Terms from time to time. We’ll give you at least 2 months’ notice of any changes to these Terms via email and via our platform, and we’ll specify the date those changes will come into effect.
3.2. In some cases, we may not notify you in advance, but that would only be where:
3.3. Unless you tell us otherwise before any changes take effect, we’ll assume you are happy to accept them. If you are not happy with the changes you can always close your Platform Account at any time and we will not charge you anything for this.
3.4. You understand that we reserve the right to modify, suspend or discontinue, temporarily or permanently, our Services (in whole or in part) at any time and for any reason, and, to the extent permitted by applicable law, without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom. While we will endeavour to provide notice of planned modifications or disruptions to our Services, this may not be possible in the case or unplanned outages or legally mandated changes.
4.1. You understand that all our Services are provided on an “as is”, “as available” basis. To the fullest extent permitted by applicable law, we make no representation or warranty about our Services including any representation that it will be uninterrupted or error-free and we disclaim any implied or statutory warranty, including accuracy of data or fitness for a particular purpose.
4.2. If we do (or fail to do) anything that creates any costs for you, we’ll generally be responsible for those costs, but there are a few exceptions. We will not be responsible to you for any:
4.3. We’ll always be liable if we act fraudulently, and these Terms don’t exclude or limit our liability to you where it’s against the law for us to do so.
5.1. If you breach these Terms and it creates costs for us, we may recover those costs from you. This could include the costs of tracing you and taking steps to deal with the issue, enforcing the payment of any money you owe us or our Payment Services Providers, or the costs of third-party claims against us arising from you breaking these Terms. We may also charge for communicating with you about what has happened.
6.1. We might assign or transfer our rights under these Terms to another company. You cannot transfer your rights under these Terms to another person or company.
6.2. The laws of England and Wales apply to these Terms and English courts will settle any disputes. If a court decides that we can’t rely on a particular part of these Terms this will not stop the rest of the Terms from applying to you.
