Intellectual Property Rights:
Swipii Intellectual Property: all the intellectual property rights in or related to (a) Swipii mobile application,, (b) Swipii website, (c) Swipii marketing material, (d) Swipii services, (e) all trade names, trademarks and logos of Swipii card, (f) all data collected by Swipii’s servers shall at all times remain solely under the ownership of Swipii Labs Ltd. Swipii reserves the right to amend the intellectual property rights at any given time without any prior notice.You are not entitled to use or modify any trademarks, trade names or logos of Swipii or its licensors (or any Intellectual Property Rights relating to them) for any purpose or refer to Swipii in any of its publications or advertising materials, without Swipii’s prior written consent, the granting of which shall be within Swipii’s absolute and sole discretion.
You agree not to decode, decompile, disassemble, recreate, render, reverse engineer or explore any of the Swipii system, including other intellectual property rights. You agree not to use the Swipii system for any other purpose other than for the purpose it is supplied to you by Swipii, i.e. as a customer loyalty solution. You agree not to copy any part of Swipii system offline or online, fully or partially. You agree to follow usability guidelines communicated to them by Swipii team verbally or in written form during installation of the Swipii system at their business premises.
Warranties and Liability:
Although Swipii makes reasonable efforts to update information on our website, Swipii makes no representations, warranties or guarantees, whether express or implied, that the content on our site and provided to you is accurate, complete or up to date. Swipii is not responsible for the provision of the Swipii loyalty scheme in any other manner other than in accordance with these terms and conditions and the Contract and in the event that you offer the Swipii loyalty scheme to your customers in any other manner, for example, paper and stamp systems, Swipii shall not be responsible for the loyalty scheme or ensuring that it works. Swipii shall not deduct any points from your customers in the event that your customers gain excess points in error or by your use of the loyalty scheme and provision of loyalty points. Swipii is not responsible for your customer’s selection of rewards or your pricing of those rewards.
Who the customer is contracted with:
The contract regarding the redemption of points and the provision of goods and services which can be obtained by points is between the customer who has obtained the points by consuming your services and you. It is NOT with Swipii. Accordingly, Swipii is not responsible for any disagreement with a customer with regard to goods or services in return for points that the customer may have accumulated.
You hereby acknowledge and accept that loyalty points will be assigned to your customers in accordance with the customer’s total spend on each individual transaction with you and in the event that one of your customer’s total spend includes excess sums (including but limited to gratuity) then loyalty points will assigned to any such excess sums.
It is your responsibility to provide accurate descriptions of your services and Swipii is not liable for any error or misrepresentation in the descriptions of your services.
In consideration of Swipii providing the Services, you must pay our charges (Charges) in accordance with these terms and conditions.
The Charges are the prices quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. We reserve the right to increase the Charges. It is always possible, despite our best efforts, some of the Services on our site may be incorrectly priced. In such event, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel the supply of the Services and refund you any sums you have paid.
In the event that you purchase the Services for a maximum of 1,000 transactions per month (Transaction Limit) and the Transaction Limit is exceeded by you in any two months (whether consecutive or not) within the period of the Contract, you will automatically be transferred to the equivalent Lite or Grow tier payment structure for a maximum of 3,000 transactions per month and the Charges will be increased accordingly for the duration of the Contract.
Where you purchase the Services for a maximum of 3,000 transactions per month (Transaction Limit 2) and the Transaction Limit 2 is exceeded in any calendar month within the period of the Contract, you will automatically be charged an excess of £0.20p for each transaction over and above the Transaction Limit 2.
How to pay
Payment for the Services is monthly in advance.
We will take your first payment on the Contract Commencement Date and monthly in advance thereafter. Payment for such Services shall be by direct debit and your designated bank account will be charged automatically each month. Swipii will use the Stripe platform for payments. Charges are exclusive of Value Added Tax.
If you fail to make a payment by the due date, then, without limiting our remedies, you will have to pay interest on the overdue sum from the due date until payment of the overdue sum. Interest will accrue each day at 4% above the Royal Bank of Scotland PLC’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
All amounts due must be paid in full without any set-off, counterclaim, deduction or withholding (except as required by law).
Our contract with you:
These terms and conditions apply to the order by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. The Contract is the entire agreement between you and us in relation to its subject matter.
The Contract shall commence on the date you are accepted by the Fidel platform who provide Swipii with a card linking service (Contract Commencement Date) and shall terminate (unless terminated earlier in accordance with these terms and conditions) on the six month anniversary of the commencement of the Contract (Termination Date) PROVIDED THAT either party serves at least four weeks’ written notice of their intention to terminate the Contract on the Termination Date otherwise the Contract will continue on a rolling monthly basis thereafter until either party serves at least four weeks’ written notice on the other party of their intention to terminate the Contract. If you decide to change your mind, you can contact us by emailing [email protected] or giving us a call on 0800 368 7416.
Cancellation After One Business Day placing your order:
Should you wish to terminate the contract before the 6 month period is over you will be liable for the balance of the amount due for the remainder of the contract. You agree to bear the reasonable cost to Swipii of collecting the unpaid amount due from you. Upon cancellation of the Service, Swipii users must be notified and given 30 days to redeem any remaining points. Once this 30 day period has expired, Swipii users will be contacted by Swipii to be reminded that they can use their Swipii cards at other local businesses.
The contract will auto-renew six months from the date of registration to a 30-day rolling contract. If you wish to terminate the contract you must notify Swipii in writing by email or recorded delivery letter at least 30 days before your requested cancellation date. A pro-rata refund will be issued upon receiving a cancellation request to businesses billed annually.
We use GoCardless to process your direct debit payments. More information on how GoCardless processes your personal data and your data protection rights,
including your right to object, is available at https://gocardless.com/legal/privacy/
Termination by Swipii:
Swipii reserves the right to terminate the Service and/or your use of the Service at its discretion without notice. Swipii will refund you for the balance of any amount due minus any debts due by you to Swipii. Swipii reserves the right to cancel any online order for Swipii if it is deemed that Swipii is not a good fit for you and/or Swipii. Any payment made will be refunded to you by Swipii.