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APP TERMS & CONDITIONS - PERSONAL & BUSINESS USE

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:

 * The current version of the Collctiv mobile application software, along with
   the data supplied with the software, and any accompanying FAQ’s, our user
   guide and other documentation provided to you (together referred to as the
   “App”) and any updates, enhancements, modifications or supplements to these;
   and
 * The payment services and any other services, that you connect to via the App
   and the content we (or a third party service provider) provide to you through
   it (the Services), 

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.

 1. Stripe payment processing services – payment processing services made
    available via the App are provided by a third party called Stripe Payments
    Europe Limited. In order to use the payment processing services, you will
    also need to enter into a separate relationship directly with Stripe, at the
    point when you register for the App, and on the following terms which apply
    in addition to these Terms of Use:
    https://stripe.com/gb/connect-account/legal
 2. Nuvei payment processing services - payment processing services made
    available via the App are provided by a third party called Nuvei Financial
    Services Limited. In order to use the payment processing services, you will
    also need to enter into a separate relationship directly with Nuvei, at the
    point you register for the App, and on the following terms which apply in
    addition to these Terms of Use: https://www.nuvei.com/legal/terms-of-use
 3. Other third party software and services - separate terms and privacy
    policies may also apply to your use of the App and Services – those separate
    terms of use are in the form of agreements between us and third party
    providers (see details in below table), but we will endeavour to pass on any
    benefit to you under those separate agreements.   

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

https://stripe.com/gb/privacy

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: hello@collctiv.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

In return for your agreeing to comply with these Terms of Use you may:

 * download or stream a copy of the App onto any number of your personal devices
   and view, use and display the App and the Services on such devices for your
   own use only;
 * use any documentation which we provide to you, to support your permitted use
   of the App and the Services;
 * provided you comply with the licence restrictions set out below, make a
   reasonable number of copies of the content and data within the App for
   back-up purposes; and
 * receive and use any free supplementary software code or update of the App
   incorporating "patches" and corrections of errors as we may provide to you.

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:

 * not copy the App or Services except where such copying is incidental to
   normal use;
 * not rent, lease, sub-license, loan, translate, merge, adapt, vary or modify
   the App or Services;
 * not modify the App or Services, or permit them to be combined with, or become
   incorporated in, any other programs or services;
 * not disassemble, decompile, reverse-engineer or create derivative works based
   on the whole or any part of the App or other Services; and
 * comply with all technology control or export laws that apply to the
   technology used by the App or other Services.

Prohibited uses  You must not use the App or Service in any of the following
ways: 

 * for business or commercial purposes if you have registered as a personal
   user;
 * you must not use the App or Services if you are a business user in a limited
   company, without contacting us first, directly via hello@collctiv.com;
 * in any unlawful manner, for any unlawful purpose, or in any manner
   inconsistent with these Terms of Use, or act fraudulently or maliciously, for
   example, by hacking into or inserting malicious code, such as viruses, or
   harmful data, into the App, any Service or any operating system;
 * to infringe our intellectual property rights or those of any third party in
   relation to your use of the App or any Services, including by the submission
   of any material (to the extent that such use is not licensed by these Terms
   of Use);
 * for the purpose of harming or attempting to harm minors in any way;
 * to bully, insult, intimidate or humiliate any person;
 * to transmit, or procure the sending of, any unsolicited or unauthorised
   advertising or promotional material or any other form of similar solicitation
   (spam);
 * to knowingly transmit any data, send or upload any material that contains
   viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware
   or any other harmful programs or similar computer code designed to adversely
   affect the operation of any computer software or hardware;
 * to transmit any material that is defamatory, offensive or otherwise
   objectionable in relation to your use of the App or any Service;
 * in a way that could damage, disable, overburden, impair or compromise our
   systems or security or interfere with other users; and/or
 * to collect or harvest any information or data from any Service or our systems
   or attempt to decipher any transmissions to or from the servers running any
   Service.

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: 

 * for loss of money in a pot – the lower of either £300, or the sum which you
   personally had contributed to that pot; and
 * for damage to your personal device on which the App is used – the lower of
   £300, or the value of a single replacement device (which is substantially the
   same or similar to the damaged device). 

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:

 * you must stop all activities authorised by these Terms of Use, including your
   use of the App and any Services;
 * you must delete or remove the App from all devices in your possession and
   immediately destroy all copies of the App which you have and confirm to us
   that you have done this; and
 * we may remotely access your devices and remove the App from them and cease
   providing you with access to the 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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number: 348654172