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.
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:
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;
- you provide correct, current and complete information about yourself when registering (including without limitation the information set out above);
- 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
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.
4.3 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 £100 (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 email@example.com 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/.
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.
7.4 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,
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.
8.4 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.
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.
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.
12.3 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
13.2 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 unauthorised use of any of our Services.
14. Termination and suspension
- 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.
16. General provisions & applicable law
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 firstname.lastname@example.org 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