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COLLCTIV APP – TERMS OF USE
Collctiv Ltd (a company registered in England & Wales under number 11783005)
PLEASE READ THESE TERMS OF USE CAREFULLY. BY CLICKING ON THE "ACCEPT" BUTTON YOU AGREE TO THESE TERMS OF USE WHICH WILL BIND YOU. IN PARTICULAR, WE DRAW YOUR ATTENTION TO THE CLAUSE ENTITLED “OUR FEES FOR USING THE APP”, WHICH SETS OUT HOW WE CHARGE CERTAIN TYPES OF USERS.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU CANNOT USE THE APP.
NOTE: YOU MUST BE AGED 18 OR OVER TO ACCEPT THESE TERMS OF USE AND USE THE APP.
Introduction
We Collctiv Limited, of Colony 5 Piccadilly Place Manchester M1 3BR, and our licensors, license you, the group organiser, to access and use:
as permitted in these Terms of Use.
Terms of Use
These terms and conditions, which include our user guide ("Terms of Use") apply to your use of the App and the Services. Whenever you use the App (including by downloading it) or Services, you agree to our Terms of Use. Read these Terms of Use before using or accessing the App and/or the Services.
We license access and use of the App and Services to you on the basis of these Terms of Use and subject to any other rules or policies we notify to you from time to time. These Terms of Use both apply to users who are using the App for personal use, and to those who are using it for business use (please see below additional requirements if you are a business user in a limited company).
Use of the Services is not authorised in any country outside England that does not give effect to all provisions of these Terms of Use, including without limitation, the choice of law and jurisdiction clauses.
Your privacy
We only use any personal data we collect through your use of the App in the ways set out in our App privacy policy as may be updated from time to time.
Please note, certain of the Services are provided by our third party providers, who have their own terms of use and privacy policies which apply to the use of the Services and the data that they separately collect and use for provision of the Services – these are available via the links in the table below.
Additional terms that apply to the Services
Our App may allow you to access, use, or interact with third-party websites, apps, content, other products and services. Basically, these consist of: (1) the third party payment processing service that integrate with our App, and (2) other third party software and services. Please see below for further details.
The Services referred to below are therefore also governed by the following terms of use and privacy policies:
Service
Stripe Payments Europe Limited – card payment services (as mentioned above, these terms apply directly between you and Stripe)
https://stripe.com/gb/connect-account/legal
Nuvei Financial Services Ltd - card payment services (as mentioned above, these terms apply directly between you and Nuvei)
https://www.nuvei.com/legal/privacy-notice#
Google Firebase - app infrastructure
https://firebase.google.com/terms
https://firebase.google.com/support/privacy
Google Cloud Platform – hosting of the App
https://cloud.google.com/terms/
https://cloud.google.com/security/privacy/
Accessing the App and Services
The App is available to access and download, free of charge, using the link on our website onto your device, from either 'Google Play' or Apple's 'App Store' marketplaces (the "App Marketplaces"). However, please see below under clause entitled “Our fees for using the App”, regarding whether charges may apply for your actual use of the App. When you access and use the Services via the App you will also be subject to the terms, guidelines and conditions applied by any relevant App Marketplace from whose site you downloaded the App (the "Marketplace Rules"). You should carefully review the Marketplace Rules before downloading the App and ensure that you are able to comply with them. If you have any questions in relation to the relevant Marketplace Rules, you should contact either Google or Apple, as appropriate.
In relation to your access and use of the App and Services, if these Terms of Use are inconsistent with the Marketplace Rules, these Terms of Use will control (unless the Marketplace Rules say otherwise).
App User guide – please see this link to our separate App user guide, for an explanation of how the App works, particularly in relation to use of the payment feature.
Operating system requirements
In order to operate correctly, the App requires you to use a device, operating system and browser which comply with certain minimum requirements. These minimum requirements are iOS 11 and above for iPhone and iPad, and Android 8 and above – but we will let you know if this changes.
Registering for the App
Once you have downloaded and installed the App, you will be asked to create an account in order to login and use the App and Services. To set up an account, you will need to enter your name, email address and a password. We will also ask for your date of birth, to verify that you are old enough to use the App. We will also give you the option of registering as either a business user or as a personal user of the App. Please note, if you register as a business user, then you are also permitted to use the app for personal use. However, if you register as a personal user, then you can only use the app for personal use.
Our fees for using the App
Business users - If you register for the App as a business user, then as a condition of use you must agree to pay our fees in exchange for you to be able to use the App to make payments. We deduct our fees every time a payment is made into a pot of which you are an organiser, to pay to a merchant or other third party (these fees are deducted regardless of whether you, as a business user, are actually using the app for business or personal purposes). We (via Stripe or Nuvei) will deduct our fee at the point of payment. Our fee is equal to 3% (exclusive of VAT or other applicable sales tax) of the payment amount paid into the pot. If several different payments are made into the pot, we will take a separate fee for each payment. If you have registered for the App as a business user, and also wish to use the App separately for personal use, then you are also free to create a separate account for personal use.
Personal users - If you are using the app solely for personal purposes and you have a UK account then it is free to use. However, we do provide all personal users with the option of voluntarily agreeing to allow us to take a 2% tip each time you make a withdrawal from the pot – you will have a separate option to tip or not, every time you make a withdrawal from a pot. Regardless of whether you decide to tip or not for a particular withdrawal, this will not affect your continued use of the App.
If you are using the App and choose to make a withdrawal to a US based bank account then as a condition of use you must agree to pay our fees in exchange for you being able to use the App to make payments and withdrawals. We deduct our fees every time a withdrawal is made from a pot of which you are an organizer to a US based bank account. We (via Stripe) will deduct our fee at the point payment of your withdrawal is made. Our fee is equal to 6% (exclusive of VAT or other applicable sales tax) of the payment amount withdrawn from the pot.
Please note, that once you have agreed to pay our tip or our fee and have made a withdrawal from the App, such tip or fee is non-refundable (regardless of whether you are a business user or personal user).
Dispute charges
If an individual who is paying into a pot of which you are an organiser (a "Payee") disputes a payment with their bank or card issuer, we will (via Stripe or Nuvei) deduct from your Collctiv account the amount of the payment being disputed in addition to a £20 administrative charge plus VAT, and (via Stripe or Nuvei) hold those monies until the dispute is resolved. The dispute resolution process is conducted via Stripe or Nuvei. If the dispute is resolved in the Payee's favour, the disputed amount will be returned to the Payee's card from which the payment was made. If the dispute is resolved in your favour, the disputed amount will be returned to your Collctiv account. In either outcome, the administrative charge of £20 plus VAT is non-refundable.
Payment services
Please note that we do not, at any point, directly handle your payments on the App, nor do we ourselves collect our fees, nor do we access any money on the App – this is all done by our payment services provider (Stripe), who are regulated by the Financial Conduct Authority (FCA). Our software simply interfaces with the payment services, and sends communications to the payment services provider, so that the payment processing instructions between a contributor, the banks, the Organiser and payment services provider, are reflected in the App user interface.
Breaches of these Terms of Use
When we consider that a breach of these Terms of Use has occurred, we may take such action as we deem appropriate, including suspending or deleting your account.
Support and contacting us
Support. If you want to learn more about the App or the Services or have any problems using them, then we have a set of FAQ’s and an online live chat function available on the App and on our website.
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at: [email protected]
Complaints policy. We will handle all complaints in accordance with our complaints policy.
How we will communicate with you. If we need to contact you we will do so by email, using the contact details you have provided to us.
How you may use the App
In return for your agreeing to comply with these Terms of Use you may:
You may not transfer the App to someone else
We are giving you personally the right to use the App and the Services as set out above - see under "How you may use the App". You may not transfer the App or the Services to someone else, whether for money, for anything else, or for free. If you sell any device on which the App is installed, you must remove the App from it.
Changes to these Terms of Use
We may need to change these Terms of Use to reflect changes in law or best practice or to deal with additional features which we introduce.
When we change these Terms of Use, you will be notified the next time you attempt to use the App. By continuing to use the App you will be indicating that you accept the changes. If you do not accept the notified changes you will not be permitted to continue to use the App and the Services.
Update to the App and changes to the Services
From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
We will use reasonable endeavours to ensure that the App will work with the current or previous version of the operating system (as it may be updated from time to time).
Keeping your account secure
You are responsible for keeping your device and your App account (including passwords) safe and secure, and you must notify us promptly of any unauthorised use or security breach of your account or the App.
If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms of Use, whether or not you own the phone or other device.
We are not responsible for other websites you link to
The App and Services may interface with and contain links to other independent websites (including social media platforms) which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
Licence restrictions
Unless permitted by law or under these Terms of Use, you will:
Prohibited uses You must not use the App or Service in any of the following ways:
Intellectual property rights
All intellectual property rights in the App and the Services throughout the world belong to us (or other third parties) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these Terms of Use.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms of Use or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms of Use, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation (as below). However, we will not be liable for damage that you could have avoided by complying with these Terms of Use, or following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Personal users only - we are not liable for any business losses that personal users suffer. If you have registered to use the App for personal use only i.e. domestic and private use only, then you are not permitted to use it for business purposes. If you breach this condition and use the App for any commercial, business or resale purpose, then we will have no liability to you for any loss of profit, business, revenue, anticipated savings, data, goodwill, business interruption, wasted expenditure or loss of business opportunity which you suffer from using the App for such purposes. Furthermore, if you use the App for any commercial, business or similar purposes when you have not registered with us as a business user (or if we have reasonable suspicion that you are doing so), we have the right to immediately suspend your account, without notice to you, for as long as we reasonably deem to be necessary, and make your continued use of the App and Services conditional upon you agreeing to change your account to a business account going forward, including providing your agreement to pay our relevant fees for future business-related use of the App and Services.
We are not liable if you or a contributor takes another contributor’s money – please note, by putting money into the App, a contributor is entrusting you, the organiser with their money. If you, the organiser, or a contributor to that group, defrauds another contributor by stealing their money, refuses to return it to the relevant contributor, or otherwise uses the money in a manner which is not authorised, this is a private matter directly between you and/or other contributors of that group, and we will not become involved in such a dispute, nor are we responsible for such losses and we will therefore not reimburse you, or another contributor for any lost or stolen money in such circumstances.
Limit of our liability. If where we are responsible for financial losses that you suffer from using the App or Services, for instance where we are in breach of these Terms of Use, or where we have been negligent or have failed in some other legal duty to you which causes you financial loss, then the total maximum amount that we will be liable to you, will be as follows:
Nothing in these Terms of Use affects your statutory rights and remedies, including under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or Services.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the App Marketplaces, our user guide, third party provider terms and conditions and in any of our other documentation accompanying the App) meet your requirements.
We cannot guarantee that the Services and the App will be uninterrupted or error-free, that defects will be corrected, or that the Services and the App or the servers that make them available will be free of viruses or represent the full functionality, accuracy or reliability of the materials. You should use your own virus protection software when accessing and using the Services through the App.
If the need arises, we reserve the right to amend, delete, suspend or withdraw all or any part of the Services and the App without notice. We will not be liable if, for any reason, the Services and the App or any parts are unavailable at any time.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your use of the App.
How you can terminate your account
You may terminate your account with us at any time, by choosing to delete your account within the Settings page.
Our rights to end your use of the App and the Services
We may end your rights to use the App and Services, or suspend your account, at any time by contacting you if we consider that you have broken these Terms of Use in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so. We also have the right to terminate these Terms of Use and your App account if the agreement between you and Stripe or Nuvei for the payment processing services (referred to as the Stripe Connected Account Agreement or Nuvei Agreement) is terminated or expires for any reason.
If we end your rights to use the App and Services:
If you close your account or it is terminated by us, we will take steps to return any money that might belong to you or another contributor, as set out in our user guide.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these Terms of Use to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms of Use.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these Terms of Use to another person if we agree in writing.
No rights for third parties
These Terms of Use do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Use.
If a court finds part of these Terms of Use illegal, the rest will continue in force
Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms of Use, we can still enforce them later
Even if we delay in enforcing these Terms of Use, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of your breaking these Terms of Use, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Subject to any specific terms detailed on the App or other Services in relation to particular features or materials, these Terms of Use, set out the entire agreement between you and us in respect of your use of the App and the Services.
Which laws apply to these Terms of Use and where you may bring legal proceedings
These Terms of Use are governed by English law and you can bring legal proceedings in respect of App and/or Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the App and/or Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the App and/or Services in either the Northern Irish or the English courts.
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