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 this document Swipii Labs Ltd is referred to as “Swipii”, “we” or “us” and End User Customer as “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.

The Service:

These terms 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 and interacting with the Service you are agreeing 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 right at any given time without any prior notice.

Limitations:

You agree to comply with following terms: merchants agree not to decode, decompile, disassemble, recreate, render, reverse engineer or explore any of the Swipii system, Including other intellectual properties. 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 this Agreement, 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 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 with 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.

Standard Fees:

The contract duration is 12 months from the date of the agreement.

 

Following an agreement between Swipii & 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 your service Swipii users must be notified and given 14 days to redeem any remaining points. Once this 14 days is up, Swipii users will be contacted 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 signing 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.

 

You agree to take required steps to keep the tablet or tablets and associated equipment provided by Swipii in good 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, any damage to the tablet or tablets in transit are at cost to the customer.

Modification:

Swipii may at any time modify these terms of use. Any modifications will become effective upon the posting of the modified terms and conditions 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.

Privacy Policy:

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

Force Majeure

Any delay or failure in the performance by either Party hereunder shall be excused if and to the extent caused by the occurrence of a Force Majeure. Swipii cannot be held liable or guilty for not able to deliver its usual services or business activity during emergency, natural calamity or situation which is beyond control.

Governing Law

This Agreement is deemed to have been made in Scotland and is governed by the Law of Scotland.

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