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.

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 cashback to customers. These transactions are processed through Swipii’s database and through card linking that is provided by our partner, Fidel. You have access to your issued cashback via a customer dashboard. Other features may be added and withdrawn from time to time. 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 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.

Who the customer is contracted with

The contract is between the customer who has obtained the cashback 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 cashback that the customer may have accumulated.

You hereby acknowledge and accept that cashback 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 cashback will be assigned to any such excess sums.

Descriptions

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.

Standard fees:

Cashback

Swipii invoices you for the cashback earned by the customer, and the appropriate amount of commission as below

Loyalty Transactions

Swipii takes a commission for providing the service. This is 0.1% of net revenue from the Loyalty transaction, less cashback paid to your customers.

Extra Cashback Offers 

Swipii takes a commission for providing the service. This is an agreed percentage of netrevenue from the Extra Cashback Offer, less cashback paid to your customers

How to pay:

Payment shall be by credit or debit card, or direct debit  on a monthly recurring basis. We use Stripe to process credit, or debit card payments and GoCardless to process direct debits. More information on how Stripe processes your personal data and your data protection rights, including your right to object, is available at https://stripe.com/gb/privacy.

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’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 continue on a rolling monthly basis until you cancel.  You authorise Swipii to charge your payment method automatically each month until cancellation. If you decide to change your mind within 14 days of contract commencement, you can contact us by emailing hello@swipiicard.com or giving us a call on 0800 368 7416.

Cancellation

You may cancel at any time, giving 30 days’ notice by emailing hello@swipiicard.com or giving us a call on 0800 368 7416. Payments are non-refundable and we do not provide refunds or credits for partial months.

Thirty days’ notice is required in order to allow time for your customers to redeem their point should they wish.

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 and 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.

If you should choose to provide us with personal information - by email or by filling out a form and submitting it to us through the Site - we will use that information to respond to your message, to help us get the information you have requested and to send you content and marketing which we deem relevant to you. Swipii does not collect personal information for distribution to any private organizations or 3rd parties.

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.