Terms and Conditions of Use

Last updated: 30th September 2017

Team First App Ltd (trading as Percent) is a company incorporated and registered in England and Wales with company number 09387321 whose registered office is at 2nd Floor, Block A, Stapleton House, 110 Clifton Street, London, United Kingdom, EC2A 4HT (“We”, “Us”, “Our” or "Percent").

We operate the Percent mobile application (the “App”), which allows you to create a profile (“Profile”) and link your bank account (“Bank Account”) to the Profile. When you make purchases from participating retailers (“Retailers”) using credit or debit cards that are linked to the Bank Account you may qualify for a cashback amount which you can choose to donate to a participating charity (“Charity” or “Charities”).

1. INTRODUCTION

1.1
Please read these terms and conditions (the “Terms”) and Our privacy policy, available here (“Privacy Policy”) very carefully. You acknowledge and agree that by clicking on “Accept” or “Install”, you have read, understood, and agreed to be bound by these Terms and Our Privacy Policy. If you do not accept these Terms or Our Privacy Policy, you are not permitted to use the App and must remove it from your mobile device.
1.2
We recommend that you save or print a copy of the Terms for future reference. If needed you will also be able to find the Percent terms here.
1.3
Any terms you have with your respective mobile network provider (“Mobile Provider”) or your internet service provider (“Internet Service Provider”) continue to apply and you may be charged by the Mobile Provider and/or the Internet Service Provider for access to network connection services for the duration of the connection while accessing the App. You will be solely responsible for any costs and other charges or expenses charged by your Internet Service Provider or Mobile Provider and any other third party provider in relation to your internet service, your mobile service and any use of the App including the downloading of the App. In the event you are not the bill payer for the device being used to access the App, you will be assumed to have obtained permission from the relevant bill payer to use or download the App.
1.4

Whilst all of these Terms are important, you should pay particular attention to:

(a) the conditions of use of the App as set out in paragraph 8;

(b) when We may terminate these Terms as set out in paragraph 16; and

(c) Our liability to you as set out in paragraph 10.

1.5
The App is for domestic and private use. If you use the App for any commercial, business or resale purpose We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

2. THE PERCENT SERVICE

2.1

When you make a purchase with a Retailer, using your Bank Account, Percent receives a commission, payable by the Retailer, for that purchase (a “Percent Purchase”). A purchase will only be a Percent Purchase where We have been able to verify that transaction with the Retailer and the card schemes and/or card providers of the credit or debit cards linked to your Bank Account. Any purchases that are returned or transactions that are cancelled will not be a Percent Purchase. We may not always be able to verify transactions and, if we cannot verify a transaction, for whatever reason, that purchase will not be a Percent Purchase.

2.2

Once you have made a Percent Purchase, you will see a positive account balance in your Profile. This represents a cashback amount that we may choose to award you in return for your making the relevant Percent Purchase and thereby allowing Percent to earn commission from the Retailer. If we do decide to make this cashback award to you, and you have elected that, as a matter of convenience, you would like us to pay this amount directly to your chosen Charity as a donation from you to the Charity, then (i) we will at that point make such cashback payment directly to the Charity on your behalf and (ii) we will, as a matter of convenience, also provide that Charity with any details relevant to your ability to make a GiftAid declaration. You can pre-select the Charity to which any such donation is made from a list of Charities on the App. For the avoidance of doubt, Percent does not hold any money on your behalf, but merely directs any relevant cashback awards towards your chosen Charity.

2.3

You may instead choose to write to Percent at Wayra, 20 Air Street, Soho, London, W1B 5DL and request that Percent instead pay any cashback award to a bank account of your choosing rather than to a Charity. If you do so and provide us with the relevant bank details, Percent will, at the end of the relevant quarter, pay any applicable cashback award that we choose to make in respect of that quarter into the nominated bank account, subject to a minimum amount of £5.

2.4

You will provide Percent with such information as may reasonably be required by Percent in order to provide the App and to make the necessary payments.

2.5

Percent is not a party to any transactions with Retailers and does not endorse any of the goods or services they make available. Percent does not have any legal obligations to you in relation to any goods or services which your purchase from Retailers.

3. REGISTRATION AND CONTACTING PERCENT

3.1

Percent is owned and managed by Us. We can be contacted by writing to Team First App Ltd, 2nd Floor, Block A, Stapleton House, 110 Clifton Street, London, United Kingdom, EC2A 4HT or by email at hello@wearepercent.com. The language of communication will be English. If you experience any problems with the App please do not hesitate to get in touch, We will aim to respond to all requests as soon as possible.

3.2

You acknowledge and agree that the information provided by you to Us is true, accurate and correct. You agree to promptly notify Us in writing or by email in the event of any changes to any of your information.

3.3

Any login details you create in relation to your Profile are for your own personal use only and you must keep your login details confidential and secure. Sharing your login details with any other person is strictly prohibited.

3.4

You must notify Us immediately if you suspect or become aware of any unauthorised use of your account login details or any breach of Our security by sending an email to Us at hello@wearepercent.com and giving details of the unauthorised use or breach.

3.5

Without prejudice to Our rights and remedies, We reserve the right to promptly disable your Profile login details and suspend access to your Profile, if in Our reasonable opinion, We believe that you have breached any of the provisions of these Terms.

4. YOUR PRIVACY

4.1

We only use any personal data We collect through your use of the App and your Profile in the ways set out in Our Privacy Policy which can be found here.

4.2

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

5. TECHNICAL REQUIREMENTS

5.1

In order to use the App reliably, you are required to have internet access and a device with the latest version of iOS as per the app store.

5.2

You must ensure that your device contains adequate anti-virus protection and any appropriate firewall protections to prevent unauthorised access and use.

5.2

We reserve the right to upgrade the functionality of the App from time to time. This may require you to update, at your own cost, the functionality of other compatible software in order to ensure compatibility with the App.

6. AVAILABILITY

6.1

We will try to ensure that access to the App is available for use at all times. However, the functionality is provided over the internet and mobile networks and so its operation and availability may be affected by factors outside of Our control at any time for any reason. We do not guarantee that use of or access to the App will always be available and/or uninterrupted, or that it will always be error-free.

7. CONDITIONS OF USE

7.1

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

(a)

access the App on your device and view, use and display the App on the device for your personal purposes only; and

(b)

use any related documentation to support use of the App as permitted by these Terms.

7.2

Your right to use the App and your Profile is personal to you. You may not otherwise transfer access to the App or your Profile or the content stored in your App or Profile to anyone else for any reason.

7.3

The ways in which you can use the App may also be governed by terms imposed by the app store from which you downloaded it. In the event of a conflict between these Terms and the relevant app store terms, the app store terms shall take priority.

8. RESTRICTIONS

8.1

Unless you have requested and received Our prior written consent or unless expressly permitted in these Terms, you must not:

(a)

copy any part of the App except as part of the normal use of the App or where it is necessary for the purpose of back-up;

(b)

modify or translate the App in whole or in part, or combine or merge the App with any other object code or program;

(c)

distribute, sub-license, assign, share, or otherwise transfer the App or your right to use the App;

(d)

reverse engineer, decompile, disassemble, reduce the object code of App to source code form or create (or attempt to create) derivative works based on the whole or any part of the App, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:

(i)

is not disclosed or communicated without Our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;

(ii)

is not used to create any software that is substantially similar in its expression to the App;

(iii)

is kept secure; and

(iv)

is used only for the Permitted Objective;

(e)

circumvent, disable or otherwise interfere with security-related features of the App or features that (x) prevent or restrict use or copying of any part of the App or (y) enforce limitations on use of the App, in each case other than to exercise your rights under paragraph 8.1(a);

(f)

use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously (for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or into any operating system);

(g)

infringe any rights (including intellectual property rights) belonging to Us or any third party in relation to your use of the App;

(h)

transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;

(i)

use the App in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users; or

(j)

use the App in any manner not expressly authorised by these Terms including to carry out any harmful or illegal activities.

8.2

You must comply with any applicable third party terms and conditions in respect of your use of the App.

9. INTELLECTUAL PROPERTY RIGHTS

9.1

All intellectual property rights in the App and related documentation throughout the world belong to Us and Our licensors and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or related documentation other than the right to use them in accordance with these Terms.

10. OUR LIABILITY

10.1

If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our being in breach of these Terms 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, both We and you knew it might happen.

10.2

Circumstances where loss or damage is not foreseeable includes but shall not be limited to:

(a)

any use of the App in a manner that We do not authorise;

(b)

ending, suspending or restricting use of the App or your Profile in accordance with these Terms;

(c)

any loss or damage caused by Us in circumstances where there is no breach of a contractual obligation or legal duty owed to you by Us; or

(d)

any loss or damage (including to any device or content belonging to you) caused by Us to the extent that such loss or damage results from your negligence, your failure to follow Our reasonable instructions or any other breach of these Terms (or any other contract you have in place with Us), unless and to the extent that We were in breach of a legal obligation or duty of care owed to you by Us.

10.3

Nothing in the Terms excludes or limits Our liability for death or personal injury arising from Our negligence, or Our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.

10.4

We recommend that you back up any content and data used in connection with the App and your Profile, to protect yourself in case of problems with the App.

10.5

The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the app store and in the related documentation) meet your requirements.

10.6

The App is controlled and offered by Us from Our facilities in United Kingdom. We make no representations that the App is appropriate or available for use in other locations. Those who access or use the App from other jurisdictions do so of their own volition and are responsible for compliance with local law.

11. THIRD PARTY WEBSITES

11.1

You acknowledge that the App may contain links to third party websites (whether by way of advertisements or otherwise) that are not owned or controlled by Us. Such links are provided for your reference only. We do not control such websites and are not responsible for the contents or your use of them, and as a result We do not accept responsibility for the availability, suitability, reliability or content of such third party websites.

11.2

Our inclusion of such hyperlinks in the App does not imply any endorsement of the material or the views expressed within them.

12. SUPPORT

12.1

If you think the App is faulty or misdescribed or wish to contact Us for any other reason please email Our customer service team at hello@wearepercent.com.

12.2

If We have to contact you We will do so by email, by SMS, by push notification or by pre-paid post, using the contact details you have provided to Us.

13. INTELLECTUAL PROPERTY RIGHTS

13.1

From time to time We may automatically update the App 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.

13.1

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.

14. CHANGES TO THESE TERMS

14.1

All intellectual property rights in the App and related documentation throughout the world belong to Us and Our licensors and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or related documentation other than the right to use them in accordance with these Terms.

14.2

Subject to paragraph 14.3, if We make any changes (including any changes to Our policies), We will give two (2) months’ prior written notice to you by email. If you notify Us in writing or by email within the two (2) months that you do not accept the change, these Terms will terminate immediately. By continuing to use the App after the two (2) month period, you are accepting such changes to these Terms.

14.3

We are under no obligation to notify you of any changes to these Terms that result in minor adjustments or corrections to these Terms.

15. TRANSFER OF RIGHTS

15.1

We may transfer Our rights and obligations under these Terms to another organisation. We will always tell you in writing or by email if this happens and We will ensure that the transfer will not affect your rights under the these Terms.

15.2

You may only transfer your rights or your obligations under these Terms to another person if We agree in writing or by email.

16. TERMINATION

16.1

These Terms apply from when you click “Accept” or “Install”and will remain in full force and effect while you use the App until terminated in accordance with this paragraph 16 or paragraph 14.2.

16.2

We may terminate these Terms and your use of he App, or suspend your use of the App, immediately by written notice to you if:

(a)

We consider that you have used the App in violation of these Terms;

(b)

in Our reasonable opinion, We believe there has been unauthorised access to the App; or

(c)

We have a legal or regulatory obligation imposed on us, which requires Us to cease providing the App.

16.3

We may terminate these Terms and your use of the App, or suspend your use of the App, by written notice to you for any other reason provided that We give you one month’s written notice by email, SMS or via an electronic communication via the App.

16.4

You can terminate these Terms by removing your card from the App, ceasing to use the App and contacting Us by email on hello@wearepercent.com.

16.5

Upon termination for any reason:

(a)

all rights granted to you under these Terms cease, including any rights in relation to a value in your Profile;

(b)

you must cease all activities authorised by these Terms; and

(c)

you must delete or remove the App from your device.

17. GENERAL

17.1

These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to allow anyone other than you or Us to enforce any term of these Terms or the Privacy Policy.

17.2

Even if We delay in enforcing these Terms, We can still enforce it later. If We do not insist immediately that you do anything you are required to do under these Terms, or if We delay in taking steps against you in respect of your breaching these Terms, 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.

17.3

These Terms are governed by English law (including non-contractual disputes or claims) and you can bring legal proceedings in respect of these Terms and your use of the App in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms and your use of the App in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms and your use of the App in either the Northern Irish or the English courts.

17.4

If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the relevant provision shall be deemed modified to the minimum extent necessary to make it valid, and the invalidity of such provision will not affect the validity of the remaining provisions of these Terms which will remain in full force and effect.

17.5

Without prejudice to any other rights or remedies that We may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of these Terms by you. Accordingly, We shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of these Terms.

17.6

To contact us, please email hello@wearepercent.com.

Privacy & Cookie Policy

Last updated: 15th September 2017

This privacy & cookie policy (“Policy”) describes how Team First App Ltd (trading as Percent) (“Percent”, “us”, “we”, “our”) collect, use and share personal data of users of this mobile application “Percent” (“App”). Please take a moment to read this Policy as it includes important information. By using our App and providing us with your personal data, you acknowledge and agree that your personal data may be processed for the purposes identified in this Policy.

This Policy sets out:

  • who we are;
  • the personal data we collect about you;
  • how we use your personal data;
  • the circumstances in which we may share your personal data with third parties;
  • the circumstances in which we may transfer your personal data outside of the European Economic Area;
  • how we protect your personal data;
  • how we may retain your personal data;
  • how you may edit, delete or access your personal data;
  • the cookies and similar technology used in our App; and
  • how we may update this Policy.

You can find out more about Percent on our website www.wearepercent.com and the Terms and Conditions of Use for using our App are located here.

WHO WE ARE & CONTACT INFORMATION

Team First App Ltd is a company registered in England and Wales with registered offices at 2nd Floor, Block A, Stapleton House, 110 Clifton Street, London, United Kingdom, EC2A 4HT. Our company registration number is 09387321.

We welcome your comments about this Policy. If you have any questions about how we use your personal data, please do not hesitate to contact us using the messaging functionality in the App or at hello@wearepercent.com.

WHAT WE COLLECT

“Personal Data” means any information which, either alone or in combination with other information in our possession, enables you to be identified. We obtain Personal Data about you in a range of ways:

Information You Give Us

We collect your name, date of birth, gender, email address and credit or debit card information which you provide to us, as well as any other information you directly give us in our App or by linking any social media accounts to your profile in the App. In addition, we may also collect Personal Data from you when you correspond with us (for example, when you send us e-mails or letters, or contact us by telephone).

Information Automatically Collected

We use online analytics such as Google Analytics and other third party tools to automatically log information about you (such as the number of times you use our App and your location) and your device. For example, when using our App, we log your location to allow us to send you the most relevant offers. We also use this information to better understand how you use our App and for internal reporting purposes.

We automatically collect information about transactions that take place at retailers who are linked to our service. This information will include the date, time and value of the transaction and is used to allow us to invoice the retailer for the commission due to us and to calculate any cashback amount which may be awarded to you in accordance with our Terms and Conditions of Use.

USE OF PERSONAL DATA

We use your Personal Data for the following purposes:

  • to operate and maintain our App, products and services;
  • to provide you with access to the App and to your profile;
  • to spot your transactions at participating retailers;
  • to process cashback payments to you and to make charity donations linked to your use of the App;
  • to respond to comments and questions and provide customer service;
  • to send information including confirmations and statements;
  • where you have opted in to receiving such information, to communicate promotions, offers, and other news about products and services offered by us or third parties that might be relevant to you; and
  • to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.

INTERNATIONAL TRANSFER OF PERSONAL DATA

We will not process and/or otherwise transfer your Personal Data outside the European Economic Area.

PROTECTING YOUR INFORMATION

We want you to feel confident about using our App, and we are committed to protecting the Personal Data we collect. We limit access to Personal Data about you to employees who reasonably need access to it, to provide products or services to you or in order to do their jobs. We maintain appropriate technical and organisational physical, electronic, and procedural safeguards to protect the Personal Data that you provide to us against unauthorised or unlawful processing and against accidental loss, damage or destruction.

RETENTION OF PERSONAL DATA

We retain your Personal Data for no longer than is necessary for the purposes as described in this Policy above.

HOW TO EDIT, DELETE OR ACCESS YOUR PERSONAL DATA

You have the right to ask for a copy of any Personal Data that we hold about you in our records, to correct any inaccuracies, to update any out of date information and to request that we delete your Personal Data. You can also ask us not to send you direct marketing communications (however please note that we may continue to send you service related (i.e. non-marketing) communications, such as email updates). If you wish to exercise any of these rights, or wish to object to our use of your Personal Data, please contact us using the contact information above or (where the functionality is available) update the preferences in your profile.

THIRD PARTY TERMS

Please note that if you link your profile to third party sites such as Twitter, Facebook, Google + or Tumblr then your use of those sites is subject to the respective third party’s terms and conditions. If you consent, we may collect information about you from those third party sites, for example a list of your Facebook friends and, where you consent, that information may be shared with retailers and charities.

We use trusted third party processors to assist in processing your Personal Data securely. Such third party processors’ use of your personal information is governed by their respective privacy policies which may or may not contain privacy protections as protective as this privacy policy.

COOKIES

Our website (www.wearepercent.com) (“Website”), like most websites, uses cookies and other similar technologies such as ‘web beacons’, which allow us to check what content you have accessed.

What is a Cookie?

Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website or mobile application. Cookies then send information back to the originating site on each subsequent visit, or to another site that recognises those cookies. You can find out more information about cookies at www.allaboutcookies.org.

Cookies are widely used in order to make sites work, or to work more efficiently, as well as to provide information to the owners of the platform.

We use cookies to enhance the online experience of our visitors (for example, by remembering your language and / or product preferences) and to better understand how our Website is used. Cookies may tell us, for example, whether you have visited our Website before or whether you are a new visitor. They can also help to ensure that adverts you see online are more relevant to you and your interests.

Types of Cookies

There are two broad categories of cookies:

First Party cookies: these are served directly by us to your device. They are used only by us to recognise your device when it revisits our Website; and

Third party cookies: these are served by a service provider on our Website, and can be used by the service provider to recognise your device when it visits other sites. Third party cookies are most commonly used for platform analytics or advertising purposes.

Cookies can remain on your device for different periods of time. Some cookies are ‘session cookies’, meaning that they exist only while your browser is open. These are deleted automatically once you close your browser. Other cookies are ‘persistent cookies,’ meaning that they stay on your device after your browser is closed. They can be used by the Website to recognise your device when you open your browser and browse the internet again.

What cookies do we use?

Our Website uses the following types of cookies:

Cookies necessary for essential purposes

These cookies are essential to provide you with services available through our Website and to use some of its features, such as access to secure areas. Without these cookies, services you have asked for, like transactional pages and secure login accounts, would not be possible.

Analytics/Performance Cookies

These cookies are used to collect information about how visitors use our Website, so that we can analyse traffic and understand how our users use our Website.

The information gathered is aggregated and we do not use it to identify any individual user. It includes the number of visitors to our Website, the location at which they have used our Website and any problems such as crashes that might occur when they visited our Website.

We use this information to help operate our Website more efficiently, to gather broad demographic information and to monitor the level of activity on our Website.

Functionality Cookies

These cookies allow our Website to remember choices you make (such as your user name) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of the web pages that you can customise.

Social Media Cookies

These cookies are used when you share information using a social media sharing button or “like” button on our Website or you link your account or engage with our content on or through a social networking site such as Facebook, Twitter or Instagram. The social network will record that you have done this. This information may be linked to targeting / advertising activities.

How to control or delete cookies

You have the right to choose whether or not to accept cookies and we have explained how you can exercise this right below. However, please note that if you choose to refuse cookies you may not be able to use the full functionality of our Website.

You can set your cookie preferences by changing your browser settings so that cookies from this Website cannot be placed on your mobile device. In order to do this, follow the instructions provided by your browser (usually located within the “help” “tools” or “settings” facility).

For further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.eu.

CHANGES TO THIS POLICY

From time to time we may change this Policy. If we make any changes, we will change the Last Updated date above. If you do not agree to these changes, please do not continue to use our Website. If material changes are made to this Policy, we will notify you by email or by placing a prominent notice on the App.