Terms of Use

Epassi Terms of Use
Version: 3.0
Effective date: 1 October 2026


This version replaces version 2.0 of 4 April 2025.
Epassi Nederland B.V. ("Epassi"), having its registered office in Amsterdam and its principal place of business at Omval 300, 1096 HP Amsterdam, the Netherlands, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 01121539, VAT number NL818371341B01, offers an integrated platform where employees can view and flexibly manage their employee benefits, and a separate employer portal where authorised users of an employer can gain insight into the use of the platform by the various employees (together referred to as the "Platform").

Within the Platform, employees can make use of certain advantages offered in a marketplace ("Benefits"). Benefits may also consist of products or services of third parties ("Partners").

These terms of use (the "Terms") apply to your use of the Platform. By accepting them, an agreement is concluded between you and Epassi (the "Agreement").


1. General


1.1    Epassi reserves the right to amend the Terms and will inform you thereof at least thirty (30) days before the effective date of the amended Terms. The amended Terms will be published at www.epassi.nl/legal/gebruiksvoorwaarden. If you do not agree with the amended Terms, you may terminate your account and cease using the Platform before the effective date. Continued use of the Platform after the effective date is deemed acceptance of the new version of the Terms.


1.2    By accepting the Terms and by using the Platform, you represent the following:
a.    you are at least 16 years old;
b.    at all times while using the Platform, you are an employee of an employer that is a client of Epassi;
c.    you will use the Platform in accordance with these Terms;
d.    all information you provide during registration and your use of the Platform is truthful and correct.


2. The Platform

2.1    Within the Platform, your employer provides you with a personal account ("Account"), after which you obtain a personal, non-transferable right to use the Platform and the content and Benefits available therein.

2.2    Epassi will use reasonable efforts to ensure that the Platform and the data available therein are, as far as possible, available without defects and without interruption. However, the Platform only contains the functionality as available at the time of your use ("as is" availability). Epassi gives no warranties regarding the availability, functionality or fitness for a particular purpose of the Platform. We do not guarantee the completeness or continuous availability of data entered into the Platform.

2.3    Epassi may make changes to the Platform at any time, including adding, modifying or removing features, security-related changes, modifying or removing information available in the Platform (including the available Benefits) and other (technical) changes. Epassi is also entitled to (partially) restrict the availability of the Platform or to discontinue (certain functionality in) the Platform in its entirety, without incurring any liability as a result.

2.4    Use of the Platform is at your own expense and risk. Epassi is not responsible for the accuracy or completeness of data entered into or available in the Platform. Reliance on information shown in the Platform is entirely at your own risk and we are not liable for damage resulting from actions you take or refrain from taking on the basis of information shown in the Platform.

3. Use of the Platform

3.1    At the request of your employer, Epassi creates a personal account for you, after which you can request a code for access to the Platform using the e-mail address provided by your employer. Your login details are strictly personal. You must keep your login details secure and not share them with third parties.

3.2    Any use of the Platform under your account name, by you or by a third party, is at your expense and under your responsibility.

3.3    The information you submit in the Platform must be correct and up to date at all times. We reserve the right to suspend, terminate or restrict your right to use the Platform if we suspect that the information you have provided is incorrect.

3.4    As a user of the Platform, you agree and accept that we collect usage statistics and usage data, which we aggregate and use to improve the Platform.

3.5    When using the Platform, you are not permitted to:
a.    use a device that contains viruses, Trojan horses, worms, bots or other malicious software that could modify, damage, disable, infect or delete the Platform or render it unavailable or inaccessible;

b.    knowingly deploy manual or automated software, devices or other processes to scrape content from the Platform or otherwise extract information from the Platform;

c.    use information available in the Platform for any purpose other than as intended by us, unless you have our permission to do so;

d.    reproduce, decompile or reverse engineer the Platform, unless permitted by mandatory law;

e.    remove security measures and/or circumvent technical restrictions of (including restrictions on the use of) the Platform.

3.6    We are entitled at all times to suspend or terminate your account and/or to restrict or terminate your use of the Platform, in particular if you breach one or more provisions of these Terms, infringe our rights or those of a third party, or act in violation of applicable laws or regulations.

3.7    Your employer may unilaterally suspend or terminate your account. Epassi is not responsible for such a decision; if you disagree with this decision, you can only address this with your employer.

4. Benefits

4.1    Benefits are offered within the Platform. You can select Benefits within the budget allocated to you or otherwise within the limits set by your employer. The prices of available Benefits are stated in the Platform and Epassi reserves the right to adjust these prices at any time. Selected Benefits cannot be unilaterally converted back into budget or otherwise reversed.

4.2    You cannot derive any rights from the overview of Benefits that is visible in the Platform at any given time. Epassi may adjust the range of Benefits at any time (including removing Benefits or adjusting their prices or conditions).

4.3    If a Benefit consists of a service or product (such as a voucher or subscription), a separate agreement is concluded when you select that Benefit (a "Supply Agreement"). The following applies to these Supply Agreements:

a.    if the Benefit is offered by Epassi, the Supply Agreement is concluded directly between you on the one hand, and both Epassi and Epassi NL Platform Transactions B.V. (a group company of Epassi that handles the financial settlement) on the other hand. Additional terms of Epassi apply to this Supply Agreement, which are shown before you make your final selection of the Benefit;

b.    if you select a Benefit offered by a Partner, the Supply Agreement is concluded between Epassi NL Platform Transactions B.V. (a group company of Epassi) and the Partner, but on the order and for the account of your employer. The relevant product or service is delivered to you. The following is relevant to this type of Supply Agreement:

i.    the Partner provides the Benefit to your employer through the intermediation of Epassi NL Platform Transactions B.V. Only the Partner is responsible for the delivery of the relevant products and services. In that context, only that Partner is liable for damage you suffer, directly or indirectly, in connection with the performance of the Supply Agreement or the selected Benefit;

ii.    you have been authorised by your employer to conclude such Supply Agreements for its account, within the budget allocated to you. Your employer determines whether it remains the owner of the delivered goods (where relevant) or whether ownership is transferred to you;

iii.    these Supply Agreements are governed by the Partner's terms of delivery, as accepted by you at the time you select the Benefit;
iv.    if a Partner requires one or more additional conditions to be met before the Partner can deliver the Benefit, the Supply Agreement is concluded once these additional condition(s) have been met. Such a condition may consist of concluding a further, direct agreement between you and the Partner. If this is the case, Epassi NL Platform Transactions B.V. does not become a party to this further agreement, and this further agreement is concluded separately from the Supply Agreement; and

v.    such a Supply Agreement is concluded for the term set out in the Supply Agreement itself or, if no term is set out, for an indefinite period. In the case of a Supply Agreement for an indefinite period, Epassi NL Platform Transactions may terminate it at any time, effective as of the first day of the following calendar month. In addition, Supply Agreements terminate automatically at the moment the agreement between Epassi and your employer ends. Unless agreed otherwise between you or your employer and the Partner in a further agreement, the Partner's obligation to deliver the Benefit thereby also lapses.

4.4    Use of a Benefit is at your own expense and risk. You waive and release Epassi and its subsidiaries, affiliates (including Epassi NL Platform Transactions B.V.), partners, officers, directors, employees and agents from all liabilities arising out of or relating to the acts, errors, breaches, misrepresentations, misconduct, non-performance or negligence of a Partner, the unavailability of a Benefit, or your being prevented from redeeming a Benefit. Descriptions of the products or services available in the Platform are provided by the Partners and adapted by Epassi. Epassi is not responsible for performance, availability or quality claims in connection with Benefits.

4.5    Epassi may verify your identity before processing the redemption of a Benefit. Epassi may decide not to grant a Benefit to a particular user if this is reasonably deemed necessary to comply with applicable law. If a Benefit proves to be no longer available before the order is placed and/or during its processing, Epassi will cancel or not process the order, without becoming liable to you for damages. Epassi reserves the right not to process or to cancel orders placed for the redemption of a Benefit whose price was incorrectly displayed on the Platform as a result of an error. In both cases, Epassi will inform you accordingly.

5. Payment and Taxes

5.1    Use of the Platform is free of charge. If you select Benefits within the budget or other limit allocated to you, no costs are payable by you. If you conclude a Supply Agreement, you may be required to pay part of the Benefit yourself. In doing so, you must use the payment methods made available to you at that time. Additional terms may apply to payment, which will be communicated to you within the Platform. Epassi or the Partner will only proceed with the performance of the Supply Agreement once you have paid the full amount for the Benefit.

5.2    If you do not (fully) meet your payment obligation, Epassi or the Partner concluding the Supply Agreement is not obliged to deliver the Benefit, or may suspend the delivery of the Benefit until the amount due has been paid in full.

5.3    The Dutch Tax Administration (Belastingdienst) may regard the reimbursement of Benefits to you as taxable income. Furthermore, your employer may report the provision of Benefits to the Dutch Tax Administration as an additional allowance granted to you. You are responsible, together with your employer, for determining whether you must declare the redemption of Benefits as additional income in your tax return. You indemnify Epassi against any claim by a tax authority in connection with the use of the Platform or the redemption of Benefits.

 

6. Term and termination

6.1    The Agreement you conclude by accepting these Terms is entered into for an indefinite period and remains in force until:

a.    your employer terminates its commercial relationship with Epassi; or

b.    Epassi, your employer or you terminate your account.

6.2    You can terminate your account by sending an e-mail to support@epassi.nl. Epassi is entitled to suspend or terminate your account immediately if you breach these Terms.

6.3    Upon termination of your account, the Agreement between you and Epassi ends and all rights granted to you under the Terms lapse immediately. You will no longer have access to the Platform. Termination of your Agreement with Epassi does not affect Supply Agreements already concluded, which remain in full force.

 

7. Third-party services and content

7.1    The Platform may contain functionality that links you to third-party content. Such websites or services are not under Epassi's control. Epassi is therefore not responsible for the content of a linked website, or for changes to such websites maintained by third parties. Placing a link to another website does not imply that (the content of) that website has been approved by Epassi or its licensors.

8. Intellectual Property Rights

8.1    All intellectual property rights relating to the Platform and the content available therein, including content protected by copyright, trademark rights, patent rights, design rights, trade name rights, database rights and related rights, as well as rights to know-how ("IP Rights"), are vested in Epassi or its licensors. Nothing in these Terms constitutes a transfer of IP Rights from one party to the other. Upon creation of an account, Epassi grants you a personal right to use the Platform in accordance with the provisions of these Terms.

8.2    Epassi is entitled to collect and use data relating to your use of the Platform for internal business purposes. Epassi will not share performance data with non-affiliated third parties unless such data has been anonymised or rendered non-identifiable, or has been published in aggregated form, in all cases in such a way that the performance data does not contain any personal data relating to you.

8.3    You retain all IP Rights in the data entered into the Platform by you or on your behalf. You grant Epassi the right to use this data to the extent necessary for the performance of the Agreement and of the agreement between Epassi and your employer.

8.4    The Platform contains trademarks of Epassi and its Partners (both word marks and figurative marks). You may not copy, display or otherwise use any of these trademarks without the prior written consent of the trademark owner.

9. Privacy

9.1    When creating an account and using the Platform, you provide personal data to us. To the extent that we process your personal data on behalf of your employer, for example for the management of your account and the budget allocated to you by your employer, we act as processor and your employer is the controller. For the processing activities we carry out for our own purposes, such as offering the app and the Platform to you as an end user and the delivery of Benefits by Epassi itself, we are the controller. These processing activities are described in our privacy statement, available at www.epassi.nl/legal/privacypolicy.

9.2    When concluding a Supply Agreement with a Partner, it may be necessary for the Partner to process your personal data. The Partner is itself responsible for such processing and for its compliance with applicable laws and regulations in this area. Epassi will make any applicable privacy policy of the Partner available to you before you enter into the Supply Agreement with the Partner.

10. Limitation of liability

10.1    Use of the Platform is at your own risk and we exclude all liability for damage you suffer in connection with the use of the Platform, to the extent permitted by law. In any event, Epassi's liability, on whatever ground, is limited to compensation of your direct damage up to a maximum amount of EUR 250.

10.2    Direct damage within the meaning of the previous paragraph means exclusively:

a.    damage to property;

b.    reasonable costs incurred to prevent or limit direct damage that could have been expected as a result of the event on which the liability is based; and

c.    reasonable costs incurred to establish the cause of the damage.

10.3    Any liability for damage other than the direct damage referred to above ("indirect damage"), including but not limited to consequential damage, loss and/or corruption of data, loss of profit, loss of business opportunities, turnover or goodwill, is excluded.

10.4    The limitations of liability set out in this article do not apply if your damage is the result of intent or gross negligence on the part of Epassi.

10.5    Epassi is not liable for damage claimed by you in connection with the performance of a Supply Agreement or a Benefit that is not delivered by Epassi itself. Any damage you believe you have suffered in connection with a Supply Agreement concluded with Epassi is eligible for compensation within the provisions of the relevant Supply Agreement.

10.6    You indemnify Epassi against all third-party claims arising from or relating to your breach of any provision of these Terms or your performance of a Supply Agreement.

10.7    Epassi is not liable for any damage resulting from an event beyond Epassi's reasonable control, including but not limited to floods, extraordinary weather conditions, earthquakes or other natural phenomena, fire, wars, uprisings, riots, labour disputes, accidents, government measures, failures of our suppliers (including Partners) to fulfil their obligations, communication failures (including the internet), power outages or malfunctions of equipment or software.

11. Final provisions

11.1    Epassi is entitled to transfer the Agreement or the rights and obligations arising from it, in whole or in part, to a third party without your prior consent. If you wish to transfer your rights to a third party, the prior consent of Epassi is required.

11.2    If any provision of these Terms proves to be invalid, void or unenforceable, that provision shall be interpreted as far as possible in accordance with the original intentions of the parties, in a manner that is legally valid and enforceable. The validity and enforceability of the remaining provisions remain unaffected.

11.3    Dutch law applies to the Agreement and these Terms. The Dutch courts in Amsterdam have exclusive jurisdiction to hear disputes arising from or relating to the Agreement and these Terms.