Business Terms and Conditions


Swipii is : Swipii Labs Ltd. We have our registered office at 280 St. Vincent Street, Glasgow G2 5RL, United Kingdom. Our registration number is SC437576.

Business Terms & Conditions

Swipii is : Swipii Labs Ltd. We have our registered office at 280 St. Vincent Street, Glasgow G2 5RL, United Kingdom. Our registration number is SC437576.

 

Definitions:

In these Terms of Use, Swipii Labs Ltd is referred to as “Swipii”, “we” or “us” and End User Customers are referred to as “customer” , “customers”, “user”, “users”, Merchants are referred to as “merchant” or “you”. The services we provide are referred to as the “Service”. “Points” means the points awarded by merchants to users.

The Service:

These Terms of Use apply to your use of the Service operated by Swipii. The Service may be used to issue loyalty points to customers. These points transactions are processed through Swipii’s database and through card linking that is provided by our partner, Fidel. You have access to your issued points. By registering with the Service you agree to these Terms of Use.

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.

Limitations:

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:

Swipii makes no representations or warranties, express or implied, regarding the Service and all representations, undertakings, warranties, terms and conditions whether express or implied by statute, common law or otherwise are excluded to the fullest extent permitted by law. Except as provided in these Terms of Use, Swipii shall not be liable to you for any claims whatsoever including but not limited to those arising from loss of profits, business, revenue, goodwill, anticipated savings and/or any other indirect, special or consequential loss or damage whether arising under contract, negligence or otherwise out of or in connection with the Service. In particular, Swipii accepts no responsibility or liability for claims against the merchant from customers. Swipii neither excludes nor limits its liability for death or personal injury caused by its own negligence or any other liability the exclusion or limitation of which is expressly prohibited by law.

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 are 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 are 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.  

Descriptions:

It is your responsibility to provide accurate descriptions of your services and Swipii is not liable of any error or misrepresentation in the descriptions of your services.

Standard Fees:

Fees

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.

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 subject to 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 a month days to redeem any remaining points. Once this month-long 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 month-long rolling contract. If you wish to terminate the contract you must notify Swipii in writing by email or recorded delivery letter at least a month before your requested cancellation date. A pro-rata refund will be issued upon receiving a cancellation request to businesses billed annually.

Modification:

Swipii may at any time modify these Terms of Use. Any modifications will become effective upon the posting of the modified Terms of Use on the Swipii website. We will notify you by email to the email address that we hold for you.

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.

Privacy & Cookie Policy:

By using the Service you are deemed to have read, understood and accepted our privacy and cookie policy which can be seen here.

 

Force Majeure

Swipii shall not be liable for any failure or delay in performance of its usual services or business activity which is caused by any event beyond the reasonable control of Swipii, including, without limitation, any emergency, natural calamity or situation (“Force Majeure Event”). Any delay or failure in the performance by either Party under these Terms of Use shall be excused if and to the extent caused by the occurrence of a Force Majeure Event.

Governing Law

These Terms of Use are governed by the Law of Scotland and subject to the exclusive jurisdiction of the Scottish courts.