Chip - Automatic savings Chip Financial Ltd
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CHIP FINANCIAL LIMITED – TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE GET CHIP SERVICE


1. Our agreement


1.1 Chip Financial Limited ("Get Chip", "we" or "us") is a company registered in England and Wales whose registered office is at 89 New Bond Street, London, UK, and whose registered number is 10113174.

1.2 Get Chip App is regulated by the Financial Conduct Authority (the “FCA”).

1.3 By accessing or using the Get Chip website, the Get Chip service or any Get Chip applications (including the mobile application (the "App")) made available by Get Chip and the Get Chip algorithm (the “Algorithm” and together, the "Service"), you confirm that you accept these terms of use ("Terms of Use") and that you agree to be bound by them. If you do not agree to these Terms of Use, you must not use the Service. The Service is owned, operated and controlled by Get Chip.

1.4 These Terms of Use (together with our Privacy & Cookie Policy) set out the terms on which you may make use of the Service and set out in detail your rights and responsibilities to us and our rights and responsibilities to you during your use of the Service.

1.5 Please read these Terms of Use carefully before you start to use the Service as they will apply to your use of the Service. We recommend that, wherever possible, you print or save a copy of them for future reference.


2. Use of the Service and registration


2.1 You must be at least 18 years old to use the Service.

2.2 You will need to register an account with us in order to use the Service. Your access to the Service is permitted on the basis that:

  1. have the following or are entitled to provide the following and by providing them you warrant they are up to date, accurate and correct:
    • your correct name;
    • your residential postal address (not a PO Box);
    • your own UK bank account;
    • a direct debit mandate in respect of that UK bank account;
    • your own correct mobile phone number;
  2. you provide correct, current and complete information about yourself when registering (including without limitation the information set out above);
  3. you update the information you provide about yourself as required from time to time to maintain its truth and accuracy.

2.3 You must use your real name as your name on the Service.

2.4 You must be able to provide, if requested, a UK National Insurance number.

2.5 Except for people or businesses that Get Chip has authorised in writing to register accounts on behalf of their employees or clients, Get Chip prohibits the registration of, and you agree that you will not register, an account for anyone other than yourself. You will comply with any and all the identification requirements made by us of you whether in respect of our obligations as an entity regulated by the Financial Conduct Authority and subject to the money laundering regulations or for any other reason that we deem appropriate for the safe and. You further acknowledge and agree that any failure by you to comply with such requirements will be a breach of this Agreement sufficiently serious for us to terminate it immediately and to deny you continued access to the Service.

2.6 You agree that you will not solicit, procure, collect or make use of the login credentials of any other Get Chip user or users.

2.7 You acknowledge that as a result of our obligations under the Money Laundering Regulations 2011 and for your protection, you cannot change the current account attaching to your E-Wallet and you cannot, nor are you permitted to attempt, to move money from your E-Wallet to any account other than the bank account from which it originated (the “Originating Bank Account”).

2.8 You are responsible for maintaining the security of your account and the secrecy of your password and agree not to disclose it to any third party. If you know or suspect that anyone other than you knows or has obtained your password and/or has accessed your account, you must immediately notify us at getchip.uk/contact and change your password.

2.9 The Service can and will provide you with updates as to your balance and recent transactions. You acknowledge and agree that the Service may be delayed by 24 hours or more and that we cannot guarantee that any balances or latest transaction information is true and accurate. As such, you should use the information provided as guidance, and not rely on it as evidence of a certain balance being available in your account at any given time.

2.10 You are responsible for the acts or omissions of any third parties who use your password to access your account, whether fraudulent or not, and you agree to reimburse us on demand for any loss we may suffer as a result of such use.

2.11 You can delete your account from the ‘Settings’ menu within the App at any time.


3. Your privacy and cookies


3.1 We use cookies and similar technologies to provide the Service. By using the Service, you agree to the terms of our Privacy & Cookie Policy, which forms part of these Terms of Use and our agreement with you. Please click here for more information: https://getchip.uk/privacy.


4. Operation of the Service


4.1 The Service exists for the purpose of assisting Users to make automatic savings via their bank accounts into the Service. You alone are responsible for your use of the Service.

4.2 You must not access without authority, interfere with or disrupt (or attempt to do any of the same) the account of any other user of the Service or attempt to restrict any other user of the Service from using or enjoying the Service and you must not encourage or facilitate the breach of these Terms of Use by others.

4.3 By creating an account on the Service you will be granting read only access to details relating to your bank account. The information relating to your bank account, including balances, spending patterns, vendors and other information relating to the current balance and transaction history of your account. You expressly agree to us storing and utilizing this data for the purposes of providing the Service, including, without limitation, the calculations made by the Algorithm.

4.4 In order to provide the Service, we utilize the Algorithm to make calculations about your spending patterns and requirements, in order to suggest savings on your behalf. You expressly agree to us doing so by creating an Account and continuing to utilize the Service.

4.5 Once the Service has calculated an appropriate savings amount up to a maximum amount per saving of £150 (the “Saving”), the Service will notify you of its intention to make the Saving on your behalf 24 hours following the notification. If you do not wish to make the saving, you must log in to the Service on your device and follow the instructions to cancel the Saving. If you do not do so, the Saving will be removed from your account via direct debit but may not appear in your E-Wallet for up to five working days, during which time you will not have access to the Saving and you will not be able to return the Saving to your bank account. If you are aware of any circumstances which require the Saving to remain in your bank account as available funds, you must cancel the Saving before the period of 24 hours has elapsed and Get Chip or any Provider cannot be held responsible for any costs, penalties, losses or other charges arising as a result of the Saving being made or your failure to cancel it. The Service will not make the next Saving until cleared funds are available in the E-Wallet from the previous Saving.

4.6 You may request that funds held in the E-Wallet be transferred back to the Originating Account at any time. This process may not be instantaneous and the funds may not be immediately available to you following your request and may take up to 5 working days to be available in your Originating Account following a withdrawal request.

4.7 You are solely responsible for ensuring that you have sufficient funds available to meet your outgoings as they become due and neither Get Chip nor any Provider can be held responsible for any costs or charges loss of credit rating or equivalent, accruing to you as a result of your failure to make any payment when due.

4.8 Get Chip may make a team chat or other support service available from time to time during UK business hours (a “Support Service”). Whilst every reasonable effort shall be taken to ensure that such a service shall be provided professionally and accurately Get Chip cannot guarantee that the information provided by any such Support Service is true and accurate, in particular because the data provided by your Originating Account bank is not live. You should therefore confirm the details of any information given by such a Support Service with your Originating Account bank, or the E-Wallet provider as applicable.


5. Your behaviour towards Get Chip


5.1 You must not access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same) any part of the Service or its security measures, any servers, other equipment or networks connected to the Service or on which it is stored or any software used in the provision of the Service, including in each case by transmitting any worms, computer viruses, malware, logic bombs, Trojan horses, spyware, harmful components or any other software, code or data of a corrupt, destructive, malicious or disruptive nature (together "Viruses").

5.2 You may not inject content or code or otherwise alter or interfere with the way any page of the Service is rendered or displayed in a user’s browser or device.

5.3 You must not access the Service via a means not authorised by Get Chip, including, but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies which are used by a search engine with Get Chip’s express written consent).

5.4 You cannot change the Originating Account details and you must not attempt to do so by any means. If you wish to change the Originating Account details, you must delete your Get Chip account by following the instructions in the App and create a new one with the new Originating Account details.

5.5 You agree not to use the Service for any illegal or unauthorised purpose or in any way that is fraudulent or illegal or has any fraudulent or illegal purpose or effect including without limitation, any activity regulated or prohibited by the Money Laundering Regulations 2007, the Proceeds of Crime Act 2002 or any other legislation from time to time applicable to the Service. You agree to comply with all laws, rules and regulations applicable to your use of the Service, including, but not limited to, copyright, financial, regulatory and other laws. To the extent that your use of the Service is not legal in your jurisdiction, you may not use the Service.

5.6 You must not change, modify, adapt or alter the Service or change, modify, adapt or alter another website so as to inaccurately imply an association with the Service or with Get Chip.

5.7 Get Chip does not accept unsolicited content, information, ideas, suggestions or other materials except where Get Chip has set out specific criteria and conditions for submitting them and you agree not to submit them except in accordance with those criteria and conditions.

5.8 Where you do submit unsolicited content, information, ideas, suggestions or other materials submitted in breach of this paragraph 5, you agree that we may use such content, information, ideas, suggestions or other materials for any purpose whatsoever, including, without limitation, developing and marketing products and services without any liability or payment or recognition of any kind to you.


6. Your relationship with third party providers


6.1 The Service is provided to you by Get Chip but relies upon a number of third party service providers (the “Providers”) for its operation. By using the Service, you agree to us sharing information about you and your financial activities with those service providers, and where necessary for the operation of the Service, creating accounts on your behalf with those Providers. You agree to abide by the terms and conditions of those Providers and that Get Chip cannot be held liable for their actions or omissions. The Providers we use and their terms of service vary from time to time and you can obtain a full and up to date list of Providers by emailing hello@getchip.uk and requesting one.

6.2 By using the Service, you accept that you are using these Providers and that Get Chip can accept no liability in respect of your relationship with those Providers. If you have any concerns or questions about those Providers, you should contact them directly, following the links made available on their individual websites.

6.3 In order to gain access to the Service you may be required to provide additional information to any or all of those Providers in order for them to comply with their obligations under the among other laws, the Money Laundering Regulations 2007 (“KYC”). Such KYC may include a credit search which does not mark your credit profile such as the Experian Prove-ID service. By signing up for an account, you expressly accept and agree to such a search against your credit profile. Your failure to comply with any KYC requirements or your failure to pass any relevant threshold for identification will result in the immediate suspension of the Service and you acknowledge and agree that you may not be provided further access to the Service until you have completed the KYC, passed the threshold or that you may not be allowed continuing access to the Service at all. .

6.4 In particular, any money taken from your account in the course of the provision of the Service is stored in an E-Wallet. In the event that anything should happen to the Service, or the Service should become unavailable for any period of time, all of your savings will continue to be available from the E-Wallet Provider and accessible by contacting the Financial Conduct Authority or visiting www.fca.org.uk/.

6.5 By agreeing to these Terms of Use, you are entering into an agreement with the E-Wallet Provider on the terms set out here: https://www.prepaidfinancialservices.com/terms-and-conditions (the "E-Wallet Provider Terms"). You acknowledge and agree that you are bound by the E-Wallet Provider Terms and that you have at all times a direct contractual relationship with the E-Wallet Provider in respect of the E-Wallet Account. The funds deposited with the E-Wallet Provider are maintained in a bank account in accordance with the relevant legislation from time to time including without limitation the Electronic Money Regulations 2011, the Payment Service Regulations 2009. The E-Wallet Provider is regulated by the Financial Conduct Authority (“FCA”). If you would like to know more about e-money and the FCA’s regulation of e-money providers and the E-Wallet Provider, you can find out more here: http://www.fca.org.uk/static/documents/emoney-approach.pdf.


7. Your use of the App


7.1 Get Chip hereby grants you a non-exclusive, non-transferable, revocable license to use the App (the "User Licence"). All other rights in the App are reserved by Get Chip and its licensors.

7.2 By signing up to the Service, you hereby appoint Get Chip as your attorney to create accounts in your name with the Providers such as may be required to provide the Service and you grant Get Chip the right administer the account in accordance with the requirements of the Algorithm and your instructions and hold them harmless from any liability as a result of the operation of the Algorithm or the execution of your instructions or the provision of the Service.

7.3 If you breach these Terms of Use, Get Chip will be entitled to terminate the User License immediately and terminate your access to the Service and to close your account. If we terminate your account in accordance with this clause 7.3, all of the funds will be returned to the Originating Account. You will no longer have access to the Service and Get Chip will no longer have any access to any data relating to your Account. If you have any questions or concerns about the amount or amounts being returned to your Originating Account you should contact the Financial Conduct Authority.

7.4 Your use of the App remains at all times subject to the terms and conditions and privacy policies of the relevant app store from which you downloaded it, being one of:

  • the Google Play store; or
  • the Apple App Store,
  • each an "App Store". To the extent that there is a conflict between those terms and conditions and these Terms of Use, these Terms of Use shall take priority.

7.5 You acknowledge that some of the Service may be supported by advertising or sponsorship revenue and that the Service may feature advertisements, sponsorship credits and/or promotions. The manner, mode and extent of any advertising or sponsorship on the Service may be subject to change without notice to you.

7.6 You acknowledge and agree that we may not always identify paid services, sponsored content or commercial communications as being such, except to the extent required by law.


8. Availability of the Service


8.1 We do not guarantee the availability of the Service and we reserve the right to vary, suspend, withdraw or discontinue the Service, or your access to it, at any time without notice to you. We will not be liable to you if, for any reason, the Service is unavailable at any time or for any period. Your deposited funds will continue to be available at all times via the E-Wallet Provider.

8.2 We may, from time to time, need or decide to perform maintenance, upgrades or emergency repairs, which may affect the availability of the Service.

8.3 You are responsible for making all arrangements necessary for you to have access to the Service. You are also responsible for ensuring that all persons who access the Service through your Account are aware of these Terms of Use and any other applicable terms and conditions and comply with them.

8.4 If we terminate your access to the Service for any reason or if you delete your Get Chip account, your deposited funds will continue to be held by the E-Wallet Provider, but may no longer be available via the Service. If this is the case, you may need to contact the E-Wallet Provider in order to gain access those deposited funds.

8.5 Upon termination of your access to the Service or if you delete your Get Chip account, all licenses and other rights granted to you in these Terms of Use will immediately cease.

8.6 We reserve the right, in our sole discretion, to change these Terms of Use from time to time ("Amended Terms"). Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Amended Terms take effect. You agree that we may notify you of the Amended Terms by posting them on the Service. Your use of the Service after the effective date of the Amended Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Amended Terms and the Amended Terms will apply to your use of the Service from that point forwards. These Terms of Use will continue to govern any disputes arising before the effective date of the Amended Terms.

8.7 We reserve the right to terminate your access to the Service or force the closure or forfeiture of your account or login credentials for any reason at any time (including where you have failed to comply with these Terms of Use).


9. Third party packages and services


9.1 Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to the Service, is subject to the rules and policies of the relevant website or service. Please read the rules and policies applicable to that website or service before proceeding.

9.2 The Service, or communications from it or comments within it, may include links to third-party websites, applications or features ("Third Party Services"). These links are provided for your information only.

9.3 Get Chip does not control, maintain or endorse Third Party Services and you acknowledge and agree that your use of them is at your own risk. We assume no responsibility for the content or operation of Third Party Services and we will not be liable for any loss or damage that may arise from your use of them (or such content).


10. Web data: charges and security


10.1 You agree that you are responsible for any and all data charges you incur from mobile service providers, internet service providers or other data providers in using the Service.

10.2 We cannot guarantee that the Service will always be free from Viruses. You are responsible for configuring your information technology (including your mobile telephone) in order to access the Service and for the security of your internet connection. You should use your own virus protection software.


11. Copyright and Intellectual Property


11.1 We reserve all Rights in the name "Get Chip", the getchip.uk domain name and all related domains and sub-domains, our logo and our service marks, brand names, trading names and/or trade marks appearing anywhere on the Service.

11.2 Other trade marks, products and company or brand names mentioned on the Service may be the trade marks of their respective owners or licensors and all Rights in such trade marks are reserved to their respective owners or licensors.

11.3 Nothing in these Terms of Use should be construed as granting any license or right to use any of the trade marks or domain names referred to in this paragraph.


12. Our liability to you


12.1 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or to any content on it and to the provision of the Service whether express or implied.

12.2 Subject to the remaining provisions of this paragraph 12, we will only be liable to you for any loss or damage (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising under, or in connection with, your use of, or inability to use, the Service if such loss or damage is a foreseeable result of our breach of these Terms of Use or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach of these Terms of Use or our negligence or if it was reasonably contemplated by you and us at the time of the agreement between us coming into effect as a possible result of our breach of these Terms of Use or our negligence.

12.3 If you are a business, please note that we will not be liable for: (i) loss of profits, sales, business or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect, special or consequential loss or damage of any kind.

12.4 If you are a consumer, you may only use the Service for domestic and private use and we will not be liable for any loss of liquidity, or any costs, fees or penalties incurred as a result of the Service transferring money from your nominated bank account into the Get Chip E-Wallet or any other losses, fees, overdraft fees, interest charges, direct debit fees or other fees or charges resulting directly or indirectly from your use of the Service. You agree not to use the Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

12.5 We will not be liable for any loss or damage caused by Viruses that may infect your information technology (including your mobile telephone), data or other proprietary material due to your use of the Service or your downloading of any content on it, or on any website linked to it.

12.6 We do not exclude our liability (if any) to you for:

  • personal injury or death resulting from our negligence;
  • fraud or fraudulent misrepresentation; or
  • any matter for which it would be illegal for us to exclude, or to attempt to exclude, our liability.


13. Your liability to us


13.1 You acknowledge that any use by you of the Service in a manner not expressly permitted by these Terms of Use may mean that you are infringing laws and we and our Providers reserve all rights and remedies against you in respect of any such infringement.

13.2 You agree to reimburse Get Chip, its group companies, its clients, associates and affiliates on demand for any loss, cost, damage, expense or liability, including reasonable administrative and legal costs, which they may suffer as a result of:

  • your breach of these Terms of Use; and/or
  • your unauthorised use of any of our Services.


14. Termination and suspension


14.1 We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of the Service. When such a breach has occurred, we may take such action as we deem appropriate, including all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use the Service;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you; and/or
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

14.2 The responses described above are not limited and we may take any other action we reasonably deem appropriate.


15. Linking to our website


15.2 You may link to any page of our Website, provided that you do so in a way that is legal and that does not damage or take advantage of our reputation nor seeks to do so.

15.3 You must not suggest any form of association, approval or endorsement on our part where none exists.

15.4 You must not remove, obscure or modify any advertisements, copyright notice or other information on our Website. Our Website must not be framed on any other website.

15.5 The website in which you are linking must comply in all respects with the content standards set out in these Terms of Use and we reserve the right to withdraw linking permission without notice.


16. General provisions & applicable law


16.1 You may not assign, sub-license or otherwise transfer any of your rights and/or obligations under these Terms of Use to any third party. You acknowledge that we may assign, sub-license or otherwise transfer any of our rights and/or obligations under these Terms of Use to any third party at any time.

16.2 We will have no liability to you for any failure or delay in performing any of our obligations under these Terms of Use to the extent that such failure or delay is caused or contributed to by you or by an event or circumstance beyond our reasonable control.

16.3 These Terms of Use (together with our Privacy & Cookie Policy) contain the entire agreement and understanding of the parties relating to the subject matter of the agreement between us and supersede all prior agreements, understandings or arrangements (both oral and written) relating to the same.

16.4 If any provision of these Terms of Use is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms of Use, which will remain in full force and effect.

16.5 Failure by either you or us to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy.

16.6 These Terms of Use are governed by English law. If you are a consumer, the courts of England and Wales will, subject to this paragraph 16, have non-exclusive jurisdiction over any claim arising from, or related to, these Terms of Use (unless you are a resident of Northern Ireland, in which case you may bring proceedings in Northern Ireland, or you are a resident of Scotland, in which case you may bring proceedings in Scotland). If you are a business, we both agree to the exclusive jurisdiction of the courts of England and Wales.

16.7 Nothing in paragraph 16 will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdiction preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.


17. Enquiries & complaints


17.1 If you have an enquiry or complaint about the Service, or simply wish to get in touch, you should contact our customer services team via our email hello@getchip.uk or by writing to us at Chip Financial Limited, 89 New Bond Street, London, W1S 1DA.



Thank you for using the Service.

LAST UPDATED: 5 August 2016