#Chippin | Terms and Conditions

#Introduction

Chippin is a shared payment gateway that allows online merchants the ability to offer group buying for a single order. This means that a customer can easily split the cost of a purchase with their friends/family to their own and the merchant’s benefit.

These Terms and Conditions state the rules that apply to your use of our Services. By setting up or contributing to a Chippin transaction, you agree to these Terms and Conditions so please read them carefully.

If you do not accept these Terms and Conditions, please do not use our Services.

#Definitions

There are some simple terms we use throughout the document. These are:

Merchant: The online store owner and Chippin account holder.

Instigator: The customer of the Merchant. The person creating the group purchase.

Contributor: A person that the Instigator has invited to contribute to the group purchase.

Services: These are chippin.co.uk, applications, and any other services, products and content linking to these Terms and Conditions. We further describe our Services on our website and in communications with you, such as via emails, FAQS, and text messages.

Chippin Ltd.: the legal entity and organisation.

A ‘chippin’: the end-to-end transaction process provided and supported by Chippin Ltd.

#User responsibilities

In creating or contributing to a ‘chippin’ and as such using our Services as an end user, there is no requirement to set up an account. However, any information provided must be true, accurate and complete.

Chippin Ltd. provides a neutral platform to allow merchants to receive multiple payments from consumers. Whilst facilitating the transaction, Chippin Ltd is not directly involved in the transaction between Merchants and Instigators / Contributors, and does not provide any assurances that Merchants or Instigators / Contributors will fulfill their obligations to each other or to others.

#Instigator Responsibilities

Instigators must agree to our Terms and Conditions. Before you create a ‘chippin’, please ensure that you have read the Terms and conditions carefully. Once you create a ‘chippin’, we shall assume that you have accepted the Terms and Conditions. Our Terms and Conditions are the rules that apply to everyone who uses our Services. These define our legal rights and the rights of our users.

#Set appropriate contribution amounts

When you create a ‘chippin’, you will be inviting people to contribute towards a known purchase directly linked to the merchant’s online checkout i.e. the Instigator will have selected their purchase or purchases and chosen to ‘Pay by Chippin’ (akin to choosing Visa or PayPal) in the previous step.

As the Instigator, you choose who to invite to ‘chippin’ (no maximum) and set how much you want each person to contribute. Payment can be split equally (the default) or the instigator can set how much each contributor is invited to pay. The system automatically calculates the resultant splits.

Contributors cannot ‘negotiate’ how much they want to ‘chippin’ though this can, of course, be done ‘outside’ the process i.e. we do not provide this particular functionality. However, Contributors are able to decline or cancel their invitation and the Instigator is able to re-send the invitation with a revised contribution total.

No cards are charged if you fall short of your required total amount. If you set an appropriate amount per contributor from the outset, you’ll have the best chance of meeting your goal and completing a successful ‘chippin’ transaction with the merchant and your contributors.

Before you start the process, it is advisable to consider your budget and to think carefully about who you will ask to contribute and how much they can each afford. It is also advisable to consider your own contribution budget before you start the process and to give yourself a ‘cushion’ (i.e. you may choose to contribute more as the instigator, possibly as a result of one of your invitees declining the request).

Merchants may charge Contributors to ‘a chippin’ a small fee when using our Services.

#Fulfill your obligations to contributors

As an Instigator, your Contributors are relying on you to ensure that the transaction is completed in the manner in which you have outlined at the time of invitation. E.g. the ‘gift’ is safely delivered to the recipient or the tickets are distributed to the right people at the right time.

It is the Instigator’s responsibility to communicate with any Merchant that does not fulfil their order as agreed. Instigators should keep their Contributors abreast of all actions should there be any complications with the transaction.

#Contributor Responsibilities

Contributors must agree to our Terms and Conditions. Before you contribute to a ‘chippin’, please ensure that you have read the Terms and conditions carefully. Once you contributed to a ‘chippin’, we shall assume that you have accepted the Terms and Conditions. Our Terms and Conditions are the rules that apply to everyone who uses our Services. These define our legal rights and the rights of our users.

By agreeing to contribute to a ‘chippin’, you have pledged the agreed sum of money towards the transaction. This amount is pre-authorised from your given payment card. The money will only be charged if and when the transaction is successful. The total that you agree to contribute is the maximum that can be charged, however, if more people contribute the total that is taken will be less. The final amount will be confirmed in an email.

The Instigator is the lead customer of the Merchant. If you need to action a refund or challenge a transaction you should communicate this with the Instigator first and then the Merchant if necessary. All refunds and chargebacks are handled by the Merchant as normal.

The Instigator is responsible for ensuring that the transaction is concluded in the manner described at the time of invitation. If you feel that this has not happened, then please communicate this directly with the Instigator.

#Transaction Processing

All Instigator / Contributor payment transactions are processed and disbursed by Stripe, our third-party payment processor. Stripe may not support all payment methods, currencies or locations, and is solely responsible for its performance of card processing and their related services.

By agreeing to these Terms and Conditions, you agree to be bound by Stripe’s Terms of Service. Any breach of those terms will be treated as a breach of these Terms.

Chippin Ltd. does not hold or control any funds transacted through the Services, except for service fees (explained below in ‘Chippin Costs’) or as otherwise specifically provided in these Terms and Conditions. Any chargebacks and refunds must be arranged with the Merchant. The fees will automatically be reimbursed as the money is returned to the Instigator / Contributor’s account.

#Chippin Costs

The only Chippin charge is a platform charge that is charged when a ‘chippin’ is successful i.e. when a group purchase successfully reaches the monetary target within the allotted timeframe. The amount of this charge is set by the merchant and can be applied at a product, category or global site-wide level. The merchant can choose not to charge anything for the use of our Services. If there is a charge, the entire amount is received by the Merchant.

The platform charge cannot be changed for a ‘chippin’ already in progress.

Chippin Ltd. has no right to any funds transacted through the Services, except for service fees which are charged to the Merchant.

Instigators and Contributors may be subject to fees from third parties for which we are not responsible, such as foreign transaction or exchange fees set by a card issuer, or network or other costs imposed by telecommunications or internet providers for accessing or using any of the Services.

#Text Messaging

Chippin Instigators may use the Services to send Contributors text messages during a Chippin. By using our Services, the Contributor acknowledges and agrees that Chippin Ltd. does not send or initiate such text messages sent to you by the Instigator.

#Privacy

Your privacy is important to us. To learn about how we handle your personal information, see our Privacy Policy.

#Prohibited Activities

Do not use our Services in a manner that violates any laws, regulations, ordinances, or directives.

Do not use our Services contrary to these Terms and Conditions or our Privacy Policy. Do not lie to or mislead other users.

Do not do anything threatening, abusive, harassing, defamatory, tortious, obscene, profane, or invasive of another person’s privacy.

Do not interfere with the proper functioning of any software, hardware, or equipment on our Services (whether it belongs to Chippin Ltd. or anyone else).

Do not engage in any conduct that inhibits anyone's use or enjoyment of our Services, or which we determine may harm Chippin Ltd. or our users.

Do not send funds that are or are likely to be fraudulent.

Do not use our Services in a way that is likely to result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, or any liability to Chippin Ltd., you, or anyone else.

#Our Rights

We are always working to improve Chippin Ltd. and make our Services better, so we reserve some rights. In our sole discretion, we may, at any time, with or without notice:

  • Change, eliminate or restrict access to our Services.
  • Refuse service to anyone.
  • Modify, suspend, close, or remove a ‘chippin’.
  • Cancel or refund any contribution to any ‘chippin’.

We periodically review these Terms and Conditions and may change them from time to time. If you continue using our Services after notice is provided, you accept the new Terms and Conditions. If we are required to amend these Terms and Conditions more quickly by law (i.e. a result of a court decision), we may do so and update the Terms and Conditions as soon as possible.

#Chippin’s Intellectual Property and Other Rights

#Chippin Content and Branding

Our Services are protected by copyright, trademark, and other intellectual property laws. Chippin Ltd. gives a worldwide, non-transferable, and revocable license to use the Services we provide solely as permitted by these Terms and Conditions. Any rights not expressly granted herein are reserved.

Unauthorized use of any of Chippin Ltd.’s trademarks, logos, domain names or other distinctive brand features are prohibited.

#Warranties and Disclaimers

Your use of the Services is at your sole risk. The services are provided on an "as is" and "as available" basis. Chippin Ltd. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, non- infringement, fitness for a particular purpose, and title, and any warranties that may be implied by any course of dealing, course of performance, or usage of trade.

Chippin Ltd. doesn’t represent, warrant, or guarantee the accuracy, completeness, or usefulness of the Services, and you rely on our Services at your own risk. Any material transmitted, accessed, or stored through use of the Services is done at your own discretion and risk and you are solely responsible for any damage or loss of data that results from the transmission, access, or storage of any material through the Services. No advice or information, whether oral or written, obtained by you from Chippin Ltd. or through or from the Services creates any warranty not expressly stated in this agreement. Some jurisdictions do not allow the disclaimer of implied warranties in contracts, so the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

#Indemnity

You agree to defend, indemnify, and hold harmless Chippin Ltd. and our officers, directors, agents, partners, and employees from any and all claims, damage, loss, liability, cost, and expenses (including attorney and professional fees) resulting from any demand, claim, investigation, or proceeding arising out of, related to, or in connection with the following, without limitation: (A) your use of the Services, (B) your breach of these Terms and Conditions, or of any representation or warranty contained herein, (C) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right, (D) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities, or (E) any misrepresentation made by you. Chippin Ltd. will give you notice of any such matter; however, any failure or delay by us doesn’t negate your defense or indemnification obligations or waive Chippin Ltd.’s rights to seek payment for defense or indemnification from you. We reserve the right to assume the exclusive defense and control of any matter that is subject to defense or indemnification, and you agree to cooperate fully in the defense of any such claim, demand, investigation, proceeding, or matter. You will not settle any claim that affects Chippin Ltd. or any of the parties listed above without prior written approval.

#Limitations of Liability

If you have a dispute with any user, including, but not limited to, any Merchant, Instigator or Contributor, arising out of, in connection with, or regarding use of our Services, you agree to release Chippin Ltd. from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You expressly waive any protections of any state or territory (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of connected with such disputes. You expressly waive any protections of any state or territory (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

#Other

These Terms and Conditions (and any other terms of use or service, policies or guidelines we refer to in this document) make up the entire agreement between you and Chippin Ltd., and supersede any prior agreements. If any part of these Terms and Conditions is found to be unenforceable, the remaining parts will remain in full force and effect. If we fail to enforce any of these Terms and Conditions, it will not be considered a waiver. Any change to or waiver of these Terms and Conditions must be made in writing and signed by us. You will not transfer any of your rights or obligations under these Terms and Conditions to anyone else without our prior written consent. Nothing in these Terms and Conditions shall prevent us from complying with the law.

To the extent permitted by applicable law, we may freely assign all of our rights and obligations under these Terms and Conditions in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

#Updates

We keep these Terms and Conditions under regular review and place updates on www.chippin.co.uk from time to time. Please review this document periodically for changes.

If you do not accept the amended Terms and Conditions, please stop using our Services.

#Feedback

We always appreciate your feedback or other suggestions about our Services. You can email your feedback here [include link before submitting]. We aren’t obligated to compensate you for your feedback.

If you have any questions about these Terms and Conditions, please contact us via support@chippin.co.uk

Date: March 2016

Version: 1.0