Terms of use

ARTICLE 1. DEFINITIONS

1.1. Terms of Use: this agreement and any annexes.

1.2. User: any natural person using POM's Services.

1.3. Sender: any natural or legal person who, in the course of its trade, business, craft or professional activities, offers opportunities to its customers or users to make a payment through POM.

1.4. Services: the services provided by POM to the User that enable it to make payment.

1.5. Payment service provider: the legal person offering a payment service as defined in Article I.9 of the Economic Law Code in the context of the Services.

ARTICLE 2. SCOPE AND LANGUAGE

2.1. The language of these Terms of Use and of further relations between the User and POM is English.

2.2. The User of the Services declares to have read and accepted these Terms of Use as soon as he/she uses the Services. If the User does not accept these Terms of Use in full, he/she cannot use the Services.

2.3. The User warrants that he/she is entitled to consent to these Terms of Use and thus conclude the agreement. If the User is a minor, he/she warrants to have obtained the consent of his/her parents or guardian to give such consent and conclude the agreement.

2.4. The concluded agreement will be archived and will not be accessible. However, the Terms of Use can be consulted on the website www.pom.be and the User can save these Terms of Use.

ARTICLE 3. THE SERVICES

3.1. The User can only use the Services through an invitation to pay from the Sender. To make payment through the Services, the User must click on the payment button and follow the instructions for use.

3.2. Use of the Services is free for the User.

3.3. To enable payments as part of the Services, POM engages the services of a Payment service provider. The services provided by the Payment service provider are subject to terms and conditions which can be consulted on our website and payment page.

ARTICLE 4. DATA PROTECTION

4.1. We process your personal data for the purposes of this agreement. For more information on how we process your personal data, please refer to our privacy policy available on our website.

ARTICLE 5. INTELLECTUAL PROPERTY

5.1. POM is and remains at all times the holder of all intellectual property rights pertaining to the content - including all appurtenances - of the Services excluding documentation, drawings, sketches or software of the Payment service provider, the Sender or the User. POM only grants the User a non-exclusive, non-transferable and non-sublicensable right of use to the Services for an indefinite period of time consistent with normal use of the Services by a normal, prudent User.

ARTICLE 6. WARRANTIES AND LIABILITY

6.1. The User guarantees that he/she will only use the Services in his/her own name, in the name of a third party who has given him/her permission to do so, or in the name of a third party over whom he/she exercises parental or other legal authority authorising him/her to do so. The User may not transfer the rights and obligations under these Terms of Use to any third party without POM's prior written consent.

6.2. POM makes reasonable efforts to make the Services available as much as possible. However, POM reserves the right at its sole discretion, at any time and for such duration as it deems necessary, to modify or discontinue the availability of the Services without any notice, without giving any reason and without any liability to the User, for example for maintenance work.

6.3. POM is not responsible and is thus in no way liable for shortcomings, even due to serious fault, in the services of third parties that co-facilitate the provision of the Services but over which POM does not exercise any control (e.g. telecom providers).

6.4. POM does not offer archiving of (electronic) invoices processed via the Services, this remains entirely the responsibility of the User.

6.5. POM does not exercise any control over the content of the invoices provided by the Sender and is therefore not responsible or liable for any content-related inaccuracies in the invoices. This implies inter alia that POM does not intervene in the underlying relationship between User and Sender to verify whether a certain invoice amount offered via the Services is actually due. For all questions relating to whether a particular invoice amount is due, the User should contact the Sender directly (see 11.1).

6.6. POM does not exercise any control over the operation, use and security of the payment solutions offered by the Payment service providers under the Services. Any damage resulting from an unauthorised, non-executed or defective payment is the liability of the Payment service provider. The User cannot recover these damages from POM.

6.7. POM cannot be held liable for any indirect damage, damage to hardware or software, loss of data, lost profits or turnover, missed savings, customers or business opportunities, image or reputation damage and moral damage. POM's total, aggregate liability to the User in connection with the use of the Services shall in any event be limited to EUR 20.

ARTICLE 7. DURATION AND TERMINATION

7.1. The agreement between the User and POM is concluded for an indefinite period of time. Both POM and the User may terminate this agreement at any time, with immediate effect and without recourse to a court of law. If the agreement is terminated, the User will no longer be able to use the Services.

7.2. POM has the right with immediate effect, without any notice, without recourse to a court and without any damages or other remedy, to terminate or suspend this agreement and delete the User's data, if the use of the Services (a) violates these Terms of Use or any intellectual property or other right of a third party, (b) compromises or could compromise the security or integrity of the Services, the Payment service providers' services or any third party, (c) involves viruses, Trojans, worms, spyware, malware or the like, or (d) is harmful, obscene, discriminatory, hateful, racist, defamatory, harassing, abusive or otherwise inappropriate, illegal or unlawful.

ARTICLE 8. MODIFICATION OF THESE TERMS OF USE

8.1. POM reserves the right to change these Terms of Use. You can always consult the date of the last change to the Terms of Use on the payment page. If the Terms of Use have been modified since your last payment, we ask you to consult the modified Terms of Use before using our Services.

ARTICLE 9. RIGHT OF WITHDRAWAL

9.1. If the User is a consumer, he/she has the right, within fourteen (14) days, to revoke this agreement without giving reasons and without charge as long as the Services have not been provided in full. The User can use the model form (see Annex 1) for this purpose and contact customer services (see 11.2). As soon as the Services have been provided in full, the User loses his/her right of withdrawal in accordance with Article VI.53, 1° of the Economic Law Code.

ARTICLE 10. COMPLAINTS

10.1. If the User has a complaint (1) about the goods or services for which he/she has received an invitation to pay from a Sender or (2) about an invoice that the User has already paid, the User should contact the Sender.

10.2. However, if the User has a complaint about POM's Services, he/she can contact POM's customer service department via email at siska@pom.be.

ARTICLE 11. DISPUTE RESOLUTION

11.1. These Terms of Use and the use of the Services are governed exclusively by Belgian law, to the exclusion of rules of international private law under which the law of another country would apply.

11.2. Any dispute relating to these Terms of Use or the Services shall be settled exclusively by the courts of Antwerp, without prejudice to the applicability of mandatory law.

ARTICLE 12. OTHER PROVISIONS

12.1. POM may transfer this agreement or any of its rights and obligations under this agreement, in whole or in part, to any third party without the User's consent, except for mandatory provisions to the contrary.

12.2. Any invalidity of any provision of these Terms of Use shall not affect the remaining provisions.

12.3. POM logs your use of the Services for security reasons. For this purpose, we keep an updated log. To the extent permitted under applicable law, you agree that this log is evidence that our Services have been accessed and used in a particular way, unless there is evidence to the contrary.

ANNEX 1. MODEL WITHDRAWAL FORM

(Complete and return this form only if you wish to withdraw from the contract)

- To POM NV, Lange Gasthuisstraat 29A, bus 8, 2000 Antwerp, Belgium | siska@pom.be

- I/We (*) hereby give notice that I/We (*) withdraw (*) our contract of sale of the following goods/provision of the following service (*)

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- Ordered on/Received on (*)

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- Name(s) of consumer(s)

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- Consumer address(es)

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- Date

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- Signature of consumer(s) (only if this form is submitted on paper)

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(*) Delete where not applicable.

Last update: 17/03/2023