Collctiv Ltd (a company registered in England & Wales under number 11783005)
We Collctiv Limited, of Colony 5 Piccadilly Place Manchester M1 3BR, and our licensors, license you, the group organiser, to access and use:
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.
Stripe Payments Europe Limited – card payment services (as mentioned above, these terms apply directly between you and Stripe)
Google Firebase - app infrastructure
Google Cloud Platform – hosting of the App
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.
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) 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 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% fee each time you make a withdrawal from the pot – you will have a separate option to pay or not, every time you make a withdrawal from a pot. Regardless of whether you decide to pay or not for a particular withdrawal, this will not affect your continued use of the App.
Please note, that once you have agreed to pay our fee and have made a withdrawal from the App, such fee is non-refundable (regardless of whether you are a business user or personal user).
As a personal user, if you make a payment into a pot, there is the option of voluntarily agreeing to allow us to take a 5% fee each time you make a payment into a pot – you will have a separate option to pay or not, every time you make a payment into a pot. Regardless of whether you decide to pay or not for a particular payment, this will not affect your continued use of the App.
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) deduct from your Collctiv account the amount of the payment being disputed in addition to a £20 administrative charge plus VAT, and (via Stripe) hold those monies until the dispute is resolved. The dispute resolution process is conducted via Stripe. 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.
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.
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@example.com
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
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.
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
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.
Prohibited uses You must not use the App or Service in any of the following ways:
Intellectual property rights
Our responsibility for loss or damage suffered by you
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.
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.
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
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
You need our consent to transfer your rights to someone else
No rights for third parties