Our terms Last Updated: 20 May 2020
1. This Agreement
Welcome to SplitPay!
Set out below are the terms and conditions of your use of, and access to, our Products. Please read these terms and conditions, as they impose rules, obligations and other responsibilities on you in respect of your use of our Products. While you should always read this entire Agreement carefully, below is a quick reference guide for your ease.
Quick Reference
- SplitPay allows you to pay for your purchases in 3 or 4 equal payments over 2 months or 3 months. The first payment is due at the time of purchase.
- Your use of SplitPay is subject to our approval. For more information on our approval process please see Section 6.
- The delivery and refunds of goods and services is the responsibility of the Merchant. For any queries regarding delivery of or refunds for the goods and services please contact the Merchant.
- You can repay any amounts owing to us at any time before their due date. Otherwise, SplitPay will automatically process your Scheduled Payments on their due dates from your Nominated Account.
- If a Scheduled Payment is not processed on or before the due date a Late Payment Fee of £3.50 may be applied to your late or missed payment. Late Payment Fees are limited to two Late Payment Fees per Order with a total permissible Late Payment Fee of £7.00 per Order.
- If you can’t pay your Scheduled Payments on time, or think it is likely that you will not be able to pay your Scheduled Payments on time, please contact us as soon as possible. Please click HERE for our contact details.
1.1 Parties to the Agreement
This Agreement is a contract between you (‘you’ or ‘your’) and SPLITPAY LIMITED, UK Company Number: 11180004 (‘SplitPay’, ‘we’, ‘us’ or ‘our’). Please review these Customer Terms of Service each time when placing an Order with SplitPay as each Order shall form a separate legally binding Agreement between you and us that incorporates these terms and conditions. You agree that you will be deemed to have accepted these terms and conditions each time you place an Order, and your ongoing use of our Products, shall constitute your acceptance of this Agreement.
SplitPay is not regulated by the Financial Conduct Authority in relation to the Products under this Agreement.
If you do not want to be bound by this Agreement, you must not place an Order using SplitPay or use any of our Products.
1.2 Other policies incorporated into this Agreement
Before you register as a user with SplitPay or use any of our Products, you should read and accept this Agreement [by ticking the box below], as well as SplitPay’s Privacy Policy (as updated from time to time) found here https://www.splitpay.com/privacy, which is incorporated into this Agreement by reference.
1.3 Changes to this Agreement
(a) SplitPay may amend this Agreement at any time for any reason including if we change the design of our Products, introduce new products, or if we are required to do so by applicable law. We will post the amended Agreement on our Website [and notify you by email in advance of such changes]. If you do not agree with any changes to this Agreement, do not place any further Orders using SplitPay.
(b) SplitPay will not change any terms and conditions for an existing Order that has been accepted by us; the terms and conditions that will apply to an accepted Order are the terms and conditions that applied at the time you made that Order
2. Overview
2.1 About SplitPay’s Product
(a) Our Product allows you to buy goods or services offered by Merchants with whom SplitPay partners and to pay for those goods or services later in instalments.
(b) Each Order will be a separate loan made by SplitPay to you in relation to your purchase of goods or services. You do not hold an account with SplitPay and any money which you repay to us will not be available for reborrowing, but subject to the terms and conditions set out in this Agreement. You may submit Orders, from time to time, in relation to additional goods or services which you wish to purchase from Merchants. More information about our Products can be found in the FAQ section on our Website (https://www.splitpay.com/customer/need-help)
(c) Under no circumstances will SplitPay be acting as your agent when providing our Products to you.
(d) By placing an Order with a Merchant using SplitPay, you provide us with your consent and direction to pay the Merchant for that Order on your behalf in exchange for your agreement and your obligation to repay to us, as principal debtor, (in accordance with this Agreement) the agreed amounts and on the dates outlined in your Payment Schedule, in addition to any applicable fees, including Late Payment Fees if you miss a payment to us on or before the scheduled date, as set out in Section 4.
(e) You acknowledge that we do not have any control over, and are not responsible or liable for, the goods or services purchased from Merchants paid for with our Products. We cannot ensure that a Merchant you are dealing with will complete the transaction, we are therefore not liable for any such transaction and expressly disclaim all warranties, representations, guarantees and conditions (including those related to fitness for a particular purpose or satisfactory quality) whether express or implied in respect of such goods or services.
(f) SplitPay does not:
(i) enter into a partnership, joint venture, agency or employment relationship with you;
(ii) guarantee the identity of any Merchant;
(iii) determine if you are liable for any taxes;
(iv) collect or pay any taxes on your behalf that may arise from your use of our Products; or
(v) give any express warranty as to the availability of our Products.
2.2 Your Consumer Rights
As a consumer, you have certain rights under United Kingdom consumer protection legislation (Consumer Rights). These Consumer Rights include:
(i) statutory guarantees under the United Kingdom consumer protection laws (including the Consumer Rights Act 2015) that goods will be of satisfactory quality, match their description and be fit for any purpose made known to the supplier, and that services supplied will be provided with due care and skill and be reasonably fit for any specified purpose. When a statutory guarantee is breached, consumers are entitled to a range of remedies including, in some cases, damages for reasonably foreseeable losses; and
(ii) non-excludable implied warranties that financial services will be provided with due care and skill and that the services and any materials supplied in connection with them will be fit for any specified purpose.
Nothing in this Agreement shall exclude, restrict or modify any of your Consumer Rights in respect of our Products, including by limiting our liability or imposing liability on you in a manner which would be considered unfair under the relevant consumer protection laws.
Further information about your consumer rights is available at Citizens Advice:
https://www.citizensadvice.org.uk/consumer/
2.3 No warranty
(a) Although we use reasonable endeavours to update the information provided by us on our Website, subject to Section 2.2, we make no warranty, representation, condition or guarantee (whether express or implied) in relation to our Products, or of the content on our Website. Furthermore, our Products have not been developed to meet your individual requirements and you agree that it is your responsibility to check that our Products meet your requirements.
2.4 Your eligibility
(a) To be eligible to use our Products you must:
(i) be an individual who is at least 18 years old;
(ii) be capable of entering into a legally binding contract;
(iii) have a valid and verifiable email address and U.K. mobile telephone number;
(iv) provide a valid delivery address in the United Kingdom; and
(v) have access to payment via a Debit or Credit Card.
(b) By entering into this Agreement, you represent and warrant that you are eligible to use our Products in respect of your Order.
2.5 Transfers or assignments
(a) You cannot transfer or assign any rights you may have under this Agreement without prior written consent from us.
(b) We may transfer or assign this Agreement, and any right under this Agreement, to a third party without notice to you or your consent unless the assignment will detrimentally affect your rights under the Agreement (in which case we will seek your consent prior to assignment, such consent must not be unreasonably withheld, delayed or conditioned). You agree that we may appoint third party collections agencies to collect any amounts owing to us under this Agreement without your consent. For the avoidance of doubt, you acknowledge and agree that no assignment by us to another person of any amount you owe to us will require your consent.
3. USER REGISTRATION
3.1 Registering as a registered user (Registered User) of SplitPay
(a) We will automatically register you as a Registered User of SplitPay when you place your first Order with any of our Merchants. You may also register as a Registered User of SplitPay by visiting our website and entering your user information.
(b) Once you are a Registered User of SplitPay, you will be prompted to choose and enter a secure password. You may subsequently access your User Registration information, using your secure password, through our Website or the SplitPay App.
(c) You are responsible for maintaining the security of your Registered User information and password. We will not take responsibility for unauthorised access and use of our Products using your Registered User information, including for any unauthorised Orders, unless you have notified us in accordance with Section 3.2(j) below and we have failed to take reasonable steps to prevent such unauthorised access or use or to prevent such unauthorised Orders.
3.2 Your obligations to us as a Registered User of SplitPay
As a Registered User of SplitPay, you agree that you will:
(a) pay any applicable Fees associated with your use of our Products;
(b) not provide us with any information that is false, inaccurate or misleading;
(c) ensure any information about you, including your contact details, is true, current and complete. If your information changes, you must update it through accessing your Registered User information via our Website, the SplitPay App or the next time you make an Order with our Product;
(d) provide to us in a timely manner all documentation relating to your identity, if requested by us;
(e) not use our Products (or allow any third party to use SplitPay) for any unlawful, fraudulent or improper activity;
(f) cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity using your Registered User information;
(g) be aware of and pay any taxes that may apply to your use of our Products;
(h) not permit others (either knowingly or negligently) to use your Registered User information, or allow anyone else to use your password;
(i) not use any technology (device, software or hardware) to damage, intercept or interfere with our Products, or that is likely to do so;
(j) immediately contact us if you believe that your Registered User information may be subject to an unauthorised transaction, or other type of fraudulent activity or security breach;
(k) not create liability for us or cause us to lose (in whole or in part) our Merchant partnerships;
(n) Only open have one instance of Registered User information with us;
(l) authorise us to disclose Card-related profile and purchase behaviour information to third parties (including Visa and MasterCard) for the purpose of eliminating fraud and illicit behaviour; and
(m) allow us to provide aggregated anonymous statistical data on our Website or to third parties such as Government or research bodies.
3.3 Deregistering as a User of SplitPay
(a) You may request to stop being a Registered User of SplitPay by contacting us directly. You may only request to end your registration and Agreement(s) with us if:
(i) all amounts owed to us by you (including any Fees) have been paid to us in full; and
(ii) there are no disputes or refunds in progress.
(b) You may not deregister as a Registered User of SplitPay to evade investigations of any nature.
(c) We may deregister you as a user of SplitPay (and stop you accessing our Products) at any time, upon giving you at least 30 days’ notice. This Agreement will continue to apply to any Orders accepted prior to such closure until all amounts owing are received by us in full (including any Late Payment Fees).
(d) Except as otherwise stated, this Agreement will be terminated once you are no longer a Registered User of SplitPay. However, you will remain liable for all outstanding obligations related to any prior Agreements even after you are deregistered.
(e) We may immediately limit your access to our Products or deregister you as a Registered User of SplitPay where we have reasonable cause to do so including where:
(i) we reasonably consider it necessary to do so in order to:
protect the integrity of our systems or Products;
prevent fraud;
limit the risk of money laundering or terrorism financing; or
otherwise protect us against legal, regulatory or non-payment risk;
(ii) you do not pass our verifications or checks, including our pre-authorisation check described in Section 6.2(d); or
(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement on the payment due date).
(iv) we reasonably suspect that the activity associated with Registered User information is fraudulent or illegal
(f) We will use reasonable endeavours to provide written notice (which may be via email) to you before deregistering you as a Registered User of SplitPay, in the circumstances described in Section 3.3(e) above, except where doing so may compromise any investigation related to your breach of this Agreement or unlawful or improper conduct. Where we deregister you as a Registered User of SplitPay in accordance with Section 3.3(e), this Agreement will be terminated, and all amounts owed by you to us (including any Fees) will immediately become payable.
(g) Despite Section 5(f), where you have deregistered as a Registered User of SplitPay for any reason, our respective obligations in relation to returns in Section 5 will only continue until the sooner of:
(i) all amounts you owe to us have been paid to us; or
(ii) 120 days after your last Order,
after that time, the Merchant will be solely responsible for processing all returns and associated refunds.
4. ORDERS, PAYMENTS AND LATE FEES
4.1 Order Confirmation and Payment Schedule
(a) All Orders which you place with SplitPay are subject to approval by us, such approval to be determined in our reasonable discretion. We may choose not to approve an Order or provide a Product to you, or may cancel an approved Order before the goods or services are delivered or supplied, if:
(i) we reasonably consider it necessary in order to:
protect the integrity of our systems or Products;
prevent fraud;
limit the risk of money laundering or terrorism financing; or
otherwise protect us against legal, regulatory or non-payment risk;
(ii) you do not pass our verifications or checks, including our pre-authorisation check described in Section 6.2(d);
(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement on the payment due date); or
(iv) we otherwise reasonably consider the Order to be suspicious or fraudulent.
(b) If we cancel an approved Order:
(i) we will apply a full refund of any amounts you have paid to us to your Nominated Account or (if that is not possible) to any other Card that you have provided us details of and will cancel any future payments related to that Order. The Merchant will not be obliged to deliver the goods or services that are the subject of the Order, unless required to do so by law;
(ii) you will have no obligation to make any further payments to us, or any other ongoing relationship with us, with respect to that Order; and
(iii) if you wish to proceed with the purchase from the Merchant, the Merchant may accept an alternative payment method in its discretion, or if required to do so by law.
(c) Once we approve your Order, you will receive an email from us with confirmation of receipt of your Order and a Payment Schedule.
(g) You agree to ensure that payment(s) are made in accordance with the Payment Schedule. You may make early payments to us, otherwise SplitPay will automatically process payments in accordance with the due dates stated on the Payment Schedule. You authorise SplitPay to process such payments from your nominated account (“Nominated Account”) provided by you. If a Payment (defined below) fails on any of the dates specified in your Payment Schedule, SplitPay reserves the right to re-attempt to process the payment at a later time or date and a Late Payment Fee may apply.
(e) In the event that an approved Order is cancelled by you by the initiation of a chargeback via your issuing bank or Card provider, SplitPay will not be obligated to refund any payments made in relation to the Order. Any return of funds in relation to the Order will be handled by your issuing bank.
4.2 Instalment Payments
(a) An (‘Instalment’) is a payment or payments, that we will automatically charge to your Nominated Account in agreed upon amounts as outlined in your Payment Scheduleunder a Continuous Payment Authority (‘CPA’). You will have the option to select a payment method and your Nominated Account when registering as a Registered User of SplitPay. You can update or change your Nominated Account or method of payment at any time via logging-in to your Registered User information on SplitPay’s website or via the SplitPay App. You can cancel theCPA at any time by contacting your bank directly. If you choose to cancel our CPA then we will no longer be able to take payment using that method, but you will still need to make your remaining Instalment payment(s) using an alternative method.
(b) Subject to the other terms of this Agreement, you hereby expressly consent to, authorise and instruct SplitPay to access anddebit your Nominated Account(s) for the amounts and on those dates set out in your Payment Schedule in respect of an Order. You acknowledge and agree that you are giving us the ability to collect or reverse variable payment amounts from or to your Nominated Account, in accordance with your Payment Schedule and the terms of this Agreement. It is your responsibility to carry out any further authentication steps that the provider of your Nominated Account may require in order to give us CPA on your Nominated Account.
(c) You are responsible for ensuring that you have sufficient funds in your Nominated Account available to make Instalment payments on the dates specified in your Payment Schedule. You are liable for any fees or charges imposed by your Nominated Account, except to the extent that such fees or charges arise as a result of our error or system failure. If any fees or charges are imposed as a result of our error or system failure, please provide us with a copy of the relevant records, and we will investigate the matter and reimburse you for the relevant fees or charges if appropriate.
(d) If an Instalment payment fails (for example, if your Nominated Account is a credit or debit card which has expired, or you have failed to authorise transactions through authentication steps as set out in Section 4.2(b) above), Late Payment Fees may apply unless you otherwise make the scheduled payment on or before the relevant due date. You authorise us to satisfy any monetary liability you owe us by:
(i) debiting your Nominated Account at a later time or date;
(ii) debiting any other Card which you have provided details of; or
(iii) any other legal means.
Please see Section 4.3 below for more information regarding Late Payment Fees.
4.3 Late Payments
(a) In respect of each Order, if you fail to pay any amounts according to the Payment Schedule, Late Payment Fees may apply on each payment that is due but not received.
(b) We may, at our sole discretion, reasonably delay the application of, or waive wholly or partly, any Late Payment Fee, as appropriate. For example, in cases where the Late Payment Fee is due to SplitPay’s error.
(c) We will contact you to let you know you have missed a payment and provide a means for you to make the payment. We have a collections process under which we will communicate with you to bring the agreement up to date.
(d) Any late payments received from you will be applied to the oldest outstanding Instalment Payment e.g. if your second, third and fourth Instalment Payments are outstanding and you make a payment to us, it will be applied to the second Instalment Payment in full. Any money remaining once the second Instalment Payment has been settled in full will be applied to your third Instalment Payment.
4.4 Fees
(a) Charges or Fees, if any, payable by you for the use of our Products are set out in Schedule 1 to this Agreement.
4.5 Interest
No interest charges are payable by you for the use of our Products.
5. RETURNS AND REFUNDS
(a) If you decide to return or partially return goods or services to a Merchant, which have been purchased as part of an Order using our Products, and your request of a refund or partial refund is accepted by the Merchant or permitted by applicable law, you must directly arrange the return or partial return with the Merchant, ensuring that the goods or services are returned according to the Merchant’s returns policy or other instructions or in accordance with your rights provided by applicable law.
(b) It is your responsibility to notify the Merchant if you intend to return any goods or services. The return must be completed within the period specified and, in the manner, required by the Merchant’s returns policy or as otherwise permitted by the Merchant or applicable law.
(c) Unless we are notified by a Merchant that a return and refund is in progress, we will continue to process any Instalment Payments from you in accordance with the dates set out in your Payment Schedule.
(d) Until such time that the Merchant has confirmed the return of the goods or services and has issued a refund to us for those goods or services, you will remain liable to us for the full payment of the goods or services (and any Fees), in accordance with your Payment Schedule.
(e) Once the Merchant has issued a refund to us for the goods or services, we will issue a refund of the amount paid to us (and any Fees) to your Nominated Account (or, if that is not possible, to any other Card that you have provided details of) and/or adjust your Payment Schedule appropriately (including to reduce or cancel any future payments, as applicable).Please note, in the event of a partial refund, the refund amounts will be taken off your most recent payment first. If the refund is processed to your expired or cancelled card, you will need to obtain the returned funds by contacting the financial institution that issued you with your Card.
For example, if you make a £120 purchase using SplitPay and the Merchant approves a £80 refund, we will cancel your 3rd and 4th instalments of £30, and amend your 2nd instalment to £10. Your revised Payment Schedule will become 2 payments (instead of 4) of £30 and £10. If you had already paid 2 instalments of £30 each, a refund of £20 would be applied to your Nominated Account and the remaining 2 instalments would be cancelled.
(f) Where you wish to return a product more than (120 days) after the purchase date, we will no longer have any involvement in the product return process (i.e. the Merchant will provide any agreed refund directly to you).
6. ASSESMENT AND CHECKS
6.1 Assessment
We reserve the right to assess, and determine whether to accept or cancel, each Order in accordance with Section 4.1.
6.2 Instalment Payment capability and identity checks
(a) You agree to provide any information or documentation reasonably requested by SplitPay or a Merchant to verify your identity as a Registered User of SplitPay or an Order.
(b) You authorise us to make, directly or through third parties, any enquiries we consider necessary to verify your identity and assess your capability to make payments according to the Payment Schedule in relation to all Orders. This may include ordering a credit report, performing other repayment capability checks and verifying information you provide against third party databases.
(c) All information that SplitPay collects about you will be used and stored in accordance with the SplitPay Privacy Policy (https://www.splitpay.com/privacy/) as amended by us from time to time.
(d) You authorise SplitPay (or any third parties providing services on behalf of SplitPay) to disclose to third parties, to the extent required by any applicable laws or regulations, any information in relation to you or your SplitPay Account. In addition, you acknowledge and agree that SplitPay reserves the right to report any activity under your Registered User information (including late payments, missed payments, defaults or chargebacks) to credit reporting agencies.
(e) As part of our approval process and our assessment as to whether or not you have the means to fulfil your obligation to make future payments to SplitPay according to the Payment Schedule, we reserve the right to conduct a pre-authorisation of your Nominated Account. This may involve placing funds in the account linked to your Nominated Payment Source on hold each time you make an online purchase, obtain a barcode for an in-store purchase or add a new Card to your SplitPay Registered User information. For online purchases:
(i) the pre-authorisation amount will not exceed your first instalment (plus one penny) owed to us for that purchase; and
(i) we immediately instruct your bank to void this pre-authorisation transaction.
7. INTELLECTUAL PROPERTY
(a) Our Website and all content on our Website are the exclusive property of SplitPay. Subject to Section 1.3(b). the information on our Website is for information purposes only and is subject to change without notice.
(b) You must not copy, imitate, modify, alter, amend, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, create derivative works of or use without our prior written consent any URLs representing our Website, or any of our content, logos, graphics, icons or other content published on our Website or in our printed media (except as and only to the extent any foregoing restriction is prohibited by applicable law) (“Prohibited Acts”).
(c) You acknowledge and agree that any attempt to do any one or more of the Prohibited Acts is a violation of our rights and the rights of our respective licensors. Without prejudice to SplitPay’s rights and remedies, if you breach this restriction you may be subject to prosecution and a claim for damages.
(d) All intellectual property rights in our Website, Products and the data they generate (including copyright, trademarks, service marks, trade names, domain names, logos, get-up, branding, patents, inventions, registered and unregistered design rights and confidential or proprietary commercial information) shall remain with us (or our respective licensors where such intellectual property rights are licensed to us).
8. COMPLAINTS AND DISPUTES
8.1 Disputes between you and a Merchant
(a) If you have a dispute with a Merchant, you should file a dispute through direct contact with the Merchant.
(b) Whilst SplitPay will use reasonable endeavours to facilitate communication between you and the Merchant to enable the resolution of disputes, the outcome of your disputes with Merchants will not affect SplitPay’s rights and remedies under this Agreement or your obligation to meet any payments due to us, except as expressly provided in Section 5.
8.2 Disputes between you and us
(a) We aim to:
(i) acknowledge receipt of all complaints within 5 Business Days; and
(ii) resolve all complaints within 30 Business Days.
(b) If you wish to raise a dispute or submit a complaint to us, you should do so by contacting us using the details listed below. Disputes should be raised with us as soon as possible.
Email: [email protected]
Address: Unit 15408, 13 Freeland Park, Wareham Road, Poole, Dorset BH16 6FA, United Kingdom.
(c) We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving any complaints or disputes.
(d) Where we cannot resolve a dispute within 30 Business Days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint or dispute.
(e) Other than as set out in this Section 8, there is no out-of-court complaint and redress mechanism available.
9. NOTICES AND COMMUNICATIONS
9.1 How we will communicate with you
(a) If you have a dispute with a Merchant, you should file a dispute through direct contact with the Merchant.
(a) This Agreement and any other agreements, notices or other communications regarding your User Registration and/or your use of our Products may be provided to you electronically.
(b) You agree to receive all communications from us in electronic form. Communications will be posted on our Website (where permitted under this Agreement) and sent to your email address.
(c) Alternatively, we may choose to give notice to you by:
(i) serving it personally at, or sending it by post to, your nominated contact address listed in your User Registration; or
(ii) sending it to you via other electronic methods of communication using contact details in you User Registration (including text messages).
(d) Where a notice is served personally, service of the notice is taken to be effective when delivered. Where a notice is sent by post, service of the notice is taken to be effective on the fourth day after the date of postage. Where a notice is sent by electronic mail, or through other electronic means, service of the notice is taken to be effective on the day after the day on which it is sent, unless we receive notification that delivery has failed.
9.2 How you can communicate with us
(a) Notices
Except as explicitly stated otherwise, any notices to us should be given by mail to: SplitPay Limited, Unit 15408, 13 Freeland Park, Wareham Road, Poole, Dorset BH16 6FA, United Kingdom.
(b) Other communications
If you wish to contact us for any other reason, you can do so on the details below:
Email: [email protected]
Address: Unit 15408, 13 Freeland Park, Wareham Road, Poole, Dorset BH16 6FA, United Kingdom
10. GENERAL
10.1 System Outages
(a) Subject to Section 2.2, access to our Products or our Websites is provided on an “as is” and “as available” basis. We give no guarantees, warranties, representations or conditions that our Products or Website will be available (or regarding the amount of time needed to complete processing transactions), and our Products and Website may occasionally be unavailable or limited due to hardware or software failure or defects, overloading of system capacity, damage from natural events or disasters or disruptive human activity, interruption of power systems, labour shortages or disruptions or stoppages, legal or regulatory restrictions as well as other causes outside of our control.
(b) To the extent permitted by applicable law, and subject to Section 2.2, SplitPay will not be liable for any loss or damage which you may incur as a result of our Products or our Website being unavailable.
10.2 Governing Law and Jurisdiction
(a) This Agreement is concluded in English. All communications with you will be in English. This Agreement is governed by English law and you can bring legal proceedings in respect of this Agreement in the English courts. If you live in Scotland you can bring legal proceedings in respect of this Agreement in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of this Agreement in either the Northern Irish or the English courts.
10.3 Our Liability to you
(a) Nothing in this Agreement shall:
(i) limit to less than the amount of the Fees received by us in respect of any affected Orders our liability to you for our failure to provide our Products under this Agreement with reasonable skill and care; and
(ii) exclude or restrict our liability for death or personal injury due to our negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded or restricted by agreement between us.
(b) Subject to Sections 2.2 and 10.3(a):
(i) SplitPay’s liability for all claims arising under or related in any way to this Agreement no matter how arising, and whether in contract, tort (including negligence), or otherwise, will not exceed the greater of:
(A) five hundred pounds sterling (£500); and
(B) the total value of any Fees received by us in respect of affected Order(s); and
(ii) SplitPay and its Affiliates, any third-party providing services on behalf of SplitPay and their directors, employees, officers, agents and representatives will not be liable:
for any Consequential Loss;
in the event a Merchant refuses to accept SplitPay;
for refusing to approve an Order;
for cancelling an approved Order;
for deregistering you as a Registered User of SplitPay or our Products; and
for any loss arising from your inability to access our Products, Payment Schedule or your Registered User information due to interruptions,
arising under or related in any way to this Agreement no matter how arising and whether in contract, tort (including negligence) or otherwise.
(c) Subject to (a) and (b) above, SplitPay and its Affiliates, any third party providing services on behalf of SplitPay, and their directors, employees, officers, agents and representatives, will not be liable for any loss or damage (including any direct, indirect or Consequential Loss or damage) you or any third party may incur from your purchase or use of any goods or services from a Merchant, except to the extent that we (in our reasonable discretion) cause such loss or damage (in which case, our liability to you is limited as set out in Section 10.3(b) above). You acknowledge and agree that any consumer-related claims you may have in respect of the goods or services purchased from a Merchant will be a matter between you and the Merchant, subject to any obligation on us to process refunds and cancel future payments in accordance with this Agreement and our agreement with the Merchant.
(d) To the extent permitted by law, a party’s liability to the other party under or in connection with this Agreement is reduced to the extent, if any, to which the other party’s acts or omissions cause or contribute to its own loss or damage.
(e) The parties will take all reasonable steps to mitigate any loss incurred by them under this Agreement.
10.4 Your liability to us
(a) You are responsible to each Compensated Party for any loss, costs (including reasonable legal fees), expense or damage the Compensated Party suffers or incurs:
(i) in connection with any claim or demand made by any third party due to or arising out of your breach of this Agreement, or your breach of any law or of the rights of a third party relating to your use of our Products or Website; and
(ii) as a direct or indirect consequence of unauthorised use of our Products under your Registered User credentials.
(b) Your liability under Section 10.4(a) will be reduced proportionately to the extent that SplitPay:
(i) caused or contributed to the relevant claim, demand, loss or damage; or
(ii) failed to take reasonable steps to mitigate the relevant claim, demand, loss or damage.
10.5 Rights of third parties
(a) Save as otherwise set out in this Agreement, nothing in this Agreement shall create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the parties to this Agreement.
10.6 If a court finds part of this Agreement illegal, the rest will continue in force
(a) Each of the sections of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
10.7 Even if we delay in enforcing these terms, we can still enforce it later
(a) Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking this Agreement, 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.
11. EARLY SETTLEMENT AND NO CANCELLATION RIGHT
11.1 Early Settlement
You can settle any Agreement early at any time before the final Instalment Payment falls due by repaying to SplitPay the unpaid, remaining amounts owed under that Agreement.
11.2 Exercise of Early Settlement Right
If you wish to exercise your early settlement right, you can contact us using the form on the SplitPay website HERE, which can be found at www.splitpay.com/customer/need-help/. Alternatively, you can write to us at SplitPay Limited, Unit 15408, 13 Freeland Park, Wareham Road, Poole, Dorset BH16 6FA, United Kingdom.
11.3 No Cancellation Right
By placing an Order with a Merchant using SplitPay, you expressly request the performance of the contract between us and you to be fully completed by both you and us and as a result of this you will not be able to cancel such contract once it has commenced. This means that you will be unable to cancel an Order once it has been placed, but you will still be able to exercise your right to settle early in accordance with Sections 11.1 and 11.2 and/or to deregister as a Registered User of SplitPay in accordance with Section 3.3.
12. DEFINITIONS
Affiliate means any company or business entity controlled by, controlling or under common control of SplitPay. For this purpose, “control” shall mean the direct or indirect ownership of more than 50% of the voting stock of a company, or in the absence of ownership of more than 50% of the voting stock of that company, the power, directly or indirectly, to direct or cause the direction of the management and policies of such company. For the sake of clarity holding, parent, sister and daughter companies are regarded as Affiliates.
Agreement means this agreement and its schedule, together with any policies and documents incorporated by reference.
Instalment Payment has the meaning given to it in Section 4.2(a).
Business Days means Monday to Friday (excluding any public or bank holidays in England).
Card means any Debit or Credit Card issued by Visa or MasterCard, excluding other pre-paid cards.
Consequential Loss means any loss, damage or costs incurred by you that is indirect, consequential or special, as well as loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings, loss or denial of opportunity and any other loss resulting or connected to abnormal and unforeseeable circumstances beyond our control, howsoever caused.
Consumer Rights has the meaning given in Section 2.2.
Compensated Party means each of SplitPay, its related companies, any third party providing services on behalf of SplitPay, and its and their directors, employees, officers, agents and representatives.
Fees means any fees charged by us, as described in this Agreement, including Late Payment Fees.
Late Payment Fees mean the fees set out in Schedule 1.
Nominated Account has the meaning given in Section 4.2(a).
Order means a request submitted by you to us, to use a one of our Products to pay for goods or services offered by a Merchant.
Payment Schedule means, in relation to an Order, a list of payment amounts that SplitPay is entitled to receive from you, and the relevant due dates of each payment. An example Payment Schedule is shown at Schedule 2.
Products mean the payment products and associated services offered by SplitPay from time to time.
Prohibited Acts has the meaning given to it in Section 7(b).
SplitPay, we, us or our means SPLITPAY LIMITED. Company Number: 11180004.
Registered User means information held by SplitPay that uniquely identifies you and enables you to use our Products.
Merchant means an online merchant with which SplitPay has a merchant agreement and whose goods or services may be purchased by you using our Products as detailed in Section 2.1.
Website means www.splitpay.com.
13. INTEPRETATION
13.1 A reference to a section is, except where expressly stated otherwise, a reference to a section of this Agreement.
13.2 A word importing the singular shall (where appropriate) include the plural and vice versa.
13.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
13.4 General words are not to be given a restrictive meaning because they are followed by examples, and any words introduced by the word “including” or any similar expression are to be construed as illustrative and shall not limit the sense of the related general words.
13.5 Any statute, statutory provision or statutory instrument includes, unless otherwise stated, a reference to all rules and regulations made under it.
13.6 The headings in this Agreement are for convenience only and shall not affect its interpretation.
13.7 If this Agreement is translated into any language other than English, the English language version of this Agreement shall take precedence over any other version.
13.8 A reference to a party is a reference to SplitPay and/or you.
13.9 A reference to writing or written includes emails and other forms of electronic communications.
SCHEDULE 1
Late Payment Fee: SplitPay may charge you at its sole discretion a £3.50 Late Payment Fee if a payment is not received by SplitPay in accordance with the Payment Schedule.
Interest charges: Nil
SCHEDULE 2
Below is an example of a Payment Schedule for an Order made on the 7th of June for £200.00 from one of our Merchant partners.
Instalment
Amount Paid
When
Date
1
£50.00
At time of Order
7 June
2
£50.00
30 days
7 July
3
£50.00
60 days
7 August
4
£50.00
90 days
7 September
Note:
(i) You only pay the purchase price of the Order with no interest.
(ii) The Instalment payments are for four (4) equal amounts.
(iii) The second, third and fourth Instalment payments to us are automatically debited from your Nominated Account on the same day each month, in this case the 7th.