Business Terms & Conditions

Swipii is : Swipii Labs Ltd. We have our registered office at 24 St. Vincent Place, Glasgow G1 2EU, 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 software installed at Swipii’s offices and on tablets in merchants’ premises. You have access to your issued points and to offers made by you via the Swipii website and tablets. 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 tablet application, (b) Swipii mobile application, (c) Swipii website, (d) Swipii marketing material, (e) Swipii services, (f) all trade names, trademarks and logos of Swipii card, (h) 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.

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.

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.

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:

The contract duration is 12 months from the date of registering. Following an agreement between Swipii and the customer, if the customer wishes to terminate the contract before the 7 day grace period you agree to pay Swipii £25 + VAT to cover postage & packaging.

Should you wish to terminate the contract before the 12 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 14 days to redeem any remaining points. Once this 14 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 one year from the date of registration to a 30 day rolling contract. If you have purchased an annual subscription, we will automatically charge your credit/debit card for the full annual amount due every 12 months based on your date of registration. 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.

You agree to take required steps to keep the tablet or tablets and associated equipment provided by Swipii in good and working condition. The tablet or tablets are the property of Swipii and if damaged you agree to pay Swipii £119 + VAT for a replacement. The tablet or tablets must be returned to Swipii at the end of your subscription and you are liable any damage to the tablet or tablets in transit.

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.

 

Cancellation:

Upon cancellation, it is your responsibility that the Swipii iPad installation kit should be returned within 14 days in good working condition. The tablet or tablets are the property of Swipii and if damaged you will be charged £119 + VAT which is stated in clause (“Standard Fees”).

Failure to return the Swipii equipment under this agreement for a period of more than 30 days, then Swipii may pass the outstanding matter to a third party company for collection. In addition, you will also be liable for any costs and charges incurred in employing the third party collection company.

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.

 

Data Protection:

Swipii Labs is registered as a data controller under the Data Protection Act 1998 with the Information Commissioner’s Office (A1052654) in respect of any personal data provided directly to Swipii by customers.  In the event that you collect any personal data directly from customers, you will be deemed the data controller of such personal data and will be under an obligation to comply with the terms of the Data Protection Act 1998.

For the avoidance of doubt, Swipii will not be obliged to provide you with any personal data of customers which would be in breach of the Data Protection Act 1998.

 

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.

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