(f) access to data (via the Percent Platform) relating to your involvement in supporting Charitable Causes (“Percent Data”).
2.1 Who you are. You are an individual consumer who wishes to use the Percent Service (“you”, “your”).
2.2 The Percent Service is subject to these terms. Your use of any part of the Percent Service is subject to these Percent End User T&Cs (“T&Cs”). You acknowledge that you have read and understood these T&Cs. You agree that these T&Cs constitute a legally binding agreement between you and Percent. By using any part of the Percent Service, you will be deemed to have accepted these T&Cs in full and you agree to comply with these T&Cs. If you do not agree to these T&Cs, you are not entitled to use any part of the Percent Service and you must stop using the Percent Platform immediately.
2.4 These T&Cs may get updated. We may revise these T&Cs at any time by posting an update on the Percent Platform. Your continued use of any part of the Percent Service after any such revision of these T&Cs constitutes your acceptance of the new T&Cs and they will be binding on you. You should check this page from time to time to review the current version of the T&Cs. These T&Cs were most recently updated in January 2020.
3.1 “Charitable Cause” means a registered charity or community amateur sports club which has been successfully registered with Percent to receive Charitable Donations.
3.2 “Charitable Donation” means a donation made by a Merchant to the Foundation in response to one or more Qualifying Purchases from that Merchant by you, calculated as the Contribution Percentage multiplied by the amount of the relevant Qualifying Purchase(s) in the relevant period.
3.3 “Contribution Percentage” means the percentage of each Qualifying Purchase which the Merchant will pay as a Charitable Donation to the Foundation. Each Merchant sets the value of their Contribution Percentage (which is visible via the Percent Platform).
3.4 “Foundation” means a third party entity who has partnered with Percent to facilitate payment of Charitable Donations from Merchants to Charitable Causes.
3.5 “Merchant” means a commercial retailer who has partnered with Percent.
3.6 “Transaction Data” means data provided by the Transaction Integration Partner to Percent which relates to point-of-sale purchases you make with the Merchant using your Payment Card.
3.7 “Transaction Integration Partner” means a third party entity who has partnered with Percent for the purposes of allowing Percent to securely link your Payment Card(s) so that we can receive Transaction Data.
3.8 “Qualifying Purchase” means a purchase you make with a Merchant which qualifies as triggering a Charitable Donation in accordance with the Charitable Cause(s) which you have pledged to support via the Percent Platform. To be a Qualifying Purchase, the purchase must be made using your Payment Card(s).
4. How the Percent service works
4.1 Pledging to support a Charitable Cause. The Percent Platform allows you to view various Charitable Causes and specify which Charitable
Cause(s) you want to support.
4.2 Linking your payment card. The Percent Platform allows you to securely link one or more of your payment cards (e.g. a supported debit
card) to the Percent Platform (each a “Payment Card”), so that we can spot when you are making a Qualifying Purchase from a Retailer.
4.3 How using the Percent Service supports Charitable Causes. Each time you make a purchase with a Merchant using your Payment Card,
the Contribution Percentage of each Qualifying Purchase will be contributed by the Merchant towards the Charitable Cause(s) that you have pledged to support. Percent facilitates this process by identifying Qualifying Purchases.
4.4 How we identify Qualifying Purchases. Each time you make a purchase directly with a Merchant using your Payment Card, Percent will receive Transaction Data from our Transaction Integration Partner and Percent will use the Transaction Data to identify Qualifying Purchases.
4.5 What happens when we find a Qualifying Purchase. If Percent identifies a Qualifying Purchase within the Transaction Data, Percent will notify the Foundation of the Qualifying Purchase. The Foundation will then issue a donation request directly to the Merchant for the Charitable Donation.
4.6 Payment of Charitable Donations to Charitable Causes. Upon receipt of a donation request from the Foundation, the Merchant will pay the value of the Charitable Donation to the Foundation, and Percent shall facilitate that once the Foundation has received the cleared funds from the Merchant, the Foundation shall pay the Charitable Donation directly to the relevant Charitable Causes which you have specified via the Percent Platform.
4.7 Direct payments towards Charitable Causes. The Percent Platform also provides a separate functionality which permits you to make payments to the Foundation which are sent directly to Charitable Causes. The Merchant has no involvement in such functionality and/or payments. The Foundation is the merchant of record for such payments.
4.8 We don’t store Payment Card details. When you make a direct payment towards a Charitable Cause via the Foundation, Percent does not store your Payment Card details. Percent uses Stripe in relation to such payments. You can read more about Stripe (and view Stripe’s T&Cs on the Stripe website here).
5. Your Acknowledgements
5.1 Payment to Charitable Causes is contingent on third party cooperation. You acknowledge that while Percent has legally binding agreements in place with various third parties (including the Merchants, the Foundation and the Transaction Integration Partner), the payment of Charitable Donations to Charitable Causes is contingent on such third parties complying with their respective agreements. You acknowledge that Percent may be unable to facilitate the payment to Charitable Causes of any Charitable Donations if a third party (including a Merchant, the Foundation or the Transaction Integration Partner) is in breach of their respective agreement with us, and Percent will have no liability to you for such failures of such third parties provided that we have made reasonable efforts to secure their compliance with the relevant agreement(s).
5.2 Percent is not responsible for a failure by Merchants or the Foundation to pay Charitable Donations. Percent, with the help of our Transaction Integration Partner, tracks the Qualifying Purchases you make and facilitates the payment of Charitable Donations by Merchants to the Foundation; and from the Foundation to Charitable Causes. You acknowledge that Percent will not have any liability to you if:
(a) the relevant Merchant fails to pay a Charitable Donation to the Foundation (except to the extent that the failure by the Merchant to pay the Charitable Donation is because Percent has failed to pass the correct information to the Foundation which the Merchant relies on); and/or
(b) the Foundation fails to pay a Charitable Donation to the Charitable Cause (except to the extent that the failure by the Foundation to pay the Charitable Donation is because Percent has failed to pass the correct information to the Foundation which the Foundation relies on).
5.3 Gift Aid only applies to direct payments. You acknowledge that by using the Percent Service, it is the Merchant, and not you, that is making a Charitable Donation. Therefore you will not be able to claim Gift Aid on your Qualifying Purchases. However if you make a direct payment to the Foundation (as referenced in clause 4.7) then you will be able to claim Gift Aid.
5.4 Use your Payment Cards. All Qualifying Purchases must be made using the Payment Card(s) you have linked via the Percent Platform. Any purchases you make with a Merchant which is not made using your Payment Card (e.g. cash) will not be regarded as a Qualifying Purchase or result in any Charitable Donations being made by the relevant Merchant.
5.5 We don’t store your Payment Card details. Percent does not store your Payment Card details on our systems. Our Transaction Integration Partner is responsible for any Payment Card details that you provide via the Percent Platform.
5.6 We are allowed to use Transaction Data. By linking your Payment Card via the Percent Platform, you acknowledge that Percent will receive Transaction Data, and you agree that Percent is entitled to use such Transaction Data for the purpose of identifying Qualifying Purchases and providing the Percent Service. However, we will not pass your Transaction Data or any other personal data on to Merchants.
5.7 Disconnecting your Payment Card(s). The Percent Platform allows you to disconnect your Payment Card(s) at any time. If you disconnect a Payment Card, Percent will no longer receive Transaction Data relating to that Payment Card (and you acknowledge that we will therefore no longer be able to facilitate the payment of further Charitable Donations in relation to your purchases from Merchants).
5.8 Refunds. In the event that you refund a Qualifying Purchase with a Merchant, Percent will be made aware of such refund via the Transaction Data it receives, and Charitable Donations will not be made in relation to such refunded Qualifying Purchases.
5.9 Removal of Charitable Causes. If a Charitable Cause is removed from the Percent Platform after a Qualifying Purchase is made, Percent will endeavour to facilitate the payments by Foundation to such Charitable Cause. If a payment to a Charitable Cause has not cleared within a reasonable period of time, such payment may be re-directed to a replacement or similar Charitable Cause. This clause 5.9 does not apply to Charitable Causes which have been removed from the Percent Platform in accordance with clause 5.10 below. You acknowledge that the Foundation, as required by law, retains exclusive legal control over all Charitable Donations and may redirect funds to a similar qualifying Charitable Cause if it is unable to follow your preference.
5.10 Suspicious activity. You acknowledge that if Percent discovers any suspicious, fraudulent or otherwise potentially criminal activity on the Percent Platform, or in relation to your use of the Percent Service, (including but not limited to the creation of any fictitious Charitable Causes, or suspicious Qualifying Purchases), Percent is entitled to (a) suspend your access to the Percent Platform; (b) procure the freezing of any payments and/or Charitable Donations; (c) remove Charitable Causes from the Percent Platform; and (d) report suspicious activity to the relevant authorities.
5.11 Service levels. Except as expressly stated to the contrary in these T&Cs and/or as otherwise required by applicable law, the Percent Service is provided on an “as is” and “as available” basis, and in no event does Percent warrant that the Percent Service will be error-free or uninterrupted.
5.12 Percent is not responsible for Merchant products and services. You acknowledge that whenever you make a purchase from a Merchant of a product or service which constitutes a Qualifying Purchase, you are purchasing that product or service from the Merchant, and the Merchant (not Percent) shall remain solely responsible for the quality of that product or service. For the avoidance of doubt, Percent is not a merchant.
5.13 If you breach these T&Cs. Percent is entitled to immediately terminate our provision of the Percent Service to you and revoke the licence granted in clause 9.3 (including disabling your login credentials), if you have failed to comply with any provision of these T&Cs.
6. Accessing the Percent platform
6.1 Register for full functionality. To access certain functionality, you are required to register an account with Percent. You warrant that all information you provide to us is true, complete and accurate. This includes (but is not limited to) information you provide during registration, any profile information you provide, and any additional information that you provide to us upon request.
6.2 Our service is aimed at UK users. The Percent Service is directed at individuals residing in the United Kingdom. We do not represent that content available on or through the Percent Platform is appropriate for use or available in other locations.
6.3 Percent Platform may occasionally be unavailable. Percent does not guarantee that the Percent Platform will always be available or uninterrupted and Percent will not be liable for any reason if the Percent Platform is unavailable at any time or for any period. Access to the Percent Platform may be suspended temporarily and without notice in the case of system failure, maintenance, upgrade or repair.
6.4 Software updates. From time to time, Percent may (without notice and at our sole discretion) introduce updates to the Percent Platform, e.g. to introduce new and/or improved functionality.
6.5 Minimum technical requirements. You are responsible for ensuring that: (a) you have a reliable connection to the internet; and (b) the device you use to access the Percent App complies with the minimum technical requirements specified on the relevant app store download page (which may change from time to time). You also acknowledge that if you are using a non-mainstream browser, or an older version of a mainstream browser, the Percent Website may not function as intended.
6.6 We are entitled to monitor use of the Percent Service. Percent is entitled to monitor and/or review your use of the Percent Service. If we become aware of any possible violations by you of any provision of these T&Cs, we reserve the right to investigate such violations.
6.7 Temporary restrictions. Percent may temporarily suspend your login credentials if we suspect or detect (in our sole opinion) any suspicious or illicit activity (e.g. unusual login attempts), and purchases you make during such periods of suspension may not be counted as Qualifying Purchases.
7. User standards
7.1 You are responsible for complying with the law. You are responsible for ensuring that you comply with all applicable legislation.
7.2 Do not commit fraud. You warrant that you will not create fraudulent accounts. You also warrant that you will not use any fraudulent, illegal or otherwise dishonest activities to generate Charitable Donations. In the event of suspected fraud, we may contact you and/or share your data with third parties without your consent for the purposes of preventing or detecting fraud (such as law enforcement officials).
7.3 Do not misuse the Percent Service. You must only use the Percent Platform for its intended purposes and in accordance with Percent’s official documentation. Percent is not responsible for any damage or loss you suffer as a result of misusing the Percent Platform. You must not use or access the Percent Platform in order to build a competing product or service.
7.4 Do not publish offensive content. You will not publish or disseminate material that infringes or may infringe the rights (including Intellectual Property Rights) of any individual, entity or other third party or that is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, inflammatory, blasphemous, in breach of confidence, in breach of privacy, that may cause annoyance or inconvenience or may restrict or inhibit the use of the Percent Platform by any other user or that constitutes or encourages conduct which may be considered a criminal offence or give rise to any civil liability in any jurisdiction.
7.5 No spamming. Do not publish or disseminate unsolicited or unauthorised advertisements or promotional materials (including junk mail, spam, chain letters, pyramid schemes etc.) to any other user of the Percent Platform.
7.6 Do not do anything to bring Percent into disrepute. You will not publish or disseminate any material that brings or may bring Percent into dispute or disrepute or in any way damages the standing or reputation of either Percent or the Percent Service. For the avoidance of doubt, this includes disseminating offensive material on the Percent Platform, and spamming other Percent Platform users.
8. Conditions of use
8.1 We take security precautions. Percent uses commercially reasonable endeavours to ensure that the Percent Platform is secure, including preventing unauthorised access to the Percent Platform.
8.2 Do not share your login credentials. You must treat your login credentials as confidential. Sharing your login credentials with any other person or making them available to multiple users on a network is strictly prohibited. Accordingly, you agree to: (a) maintain the security of your login credentials and be fully responsible for all use of the Percent Platform made using your login credentials; (b) notify us immediately if you suspect or become aware of any unauthorised use of your login credentials or any other breach of the Percent Platform’s security, by contacting Percent directly and providing details of the unauthorised use or other security breach; and (c) ensure that you log out of your account at the end of each session when using a public or shared device.
8.3 No liability for unauthorised use of your login credentials. Percent accepts no liability for any losses, damages or costs arising from or in relation to your failure to comply with clause 8.2.
8.4 Do not hack or misuse the Percent Platform. You must not misuse the Percent Platform by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Percent Platform, the server(s) on which any part of the Percent Platform is hosted or any other server, computer or database connected to the Percent Platform, or to reverse engineer or decompile it (except to the extent expressly permitted by law). You must not attack the Percent Platform via any form of denial-of-service attack. By breaching this clause, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
8.5 The Percent Platform may contain viruses. We use reasonable endeavours to ensure that the Percent Platform does not contain or disseminate any viruses or material which is malicious or technologically harmful. However, we do not guarantee that the Percent Platform will be free from bugs, viruses or malicious code and we will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your device, equipment, software, data or other proprietary material due to your use of the Percent Platform. We therefore recommend that you use your own virus protection software and scan regularly for the presence of viruses and other malicious or technologically harmful code on your device(s).
8.6 Do not upload malicious content. You are responsible for ensuring that any data that you upload to the Percent Platform does not contain any malicious content or technologically harmful material which could damage Percent’s systems or compromise the Percent Platform and/or the Percent Merchant Service.
9. Intellectual property
9.1 “Intellectual Property Rights” means all patents, rights to inventions, copyright and related rights, moral rights, database rights, trade marks and trade names, rights to goodwill and to sue for passing off, rights in designs, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered, and including all applications (and rights to apply) for, and renewals and extensions of and rights to claim priority from such rights and all similar or equivalent rights and forms of protection which subsist or will subsist now or in the future in any part of the world.
9.2 We own or license all IP in the Percent Service. Percent (and our licensors as applicable) owns or licenses all Intellectual Property Rights in the Percent Service and all content displayed on the Percent Platform, including but not limited to all Percent Data, trade marks, copyrights, database rights and other Intellectual Property Rights of any nature and all underlying software code. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.3 Licence to use the Percent Platform. As long as you comply in full with these T&Cs, Percent grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Percent Platform solely for the purpose of receiving the Percent Service via the Percent Platform.
9.4 Redistribution of Percent Platform content. You must not copy, scrape, extract, reproduce, modify, license to any third party, or sell or offer to sell to any third party any data from the Percent Platform (including Percent Data). You agree not to use, or cause to be used, any manual or automated program, tool, or process, (including any scraper or spider robot), to extract, scrape, data mine, transmit, or publish, any part of the Percent Platform.
9.5 Do not interfere with any trade marks or copyright notices. You will not interfere with or attempt to remove any trade mark or copyright notices from any content on the Percent Platform.
9.7 Materials you share with us must not be infringing or illegal. You warrant and represent that you have the full right and authority to use any materials or data that you share with us (including for display within the Percent Platform), and that the use of such materials or data by Percent will not infringe the rights of any third party or be in breach of any applicable law.
9.8 Derivative works. Percent shall own all Intellectual Property Rights in any derivative works created by Percent from any data you share with Percent or submit or upload as a result of using the Percent Platform and you waive any moral rights that you may have in any such data.
10. Data Protection
11.1 Death, personal injury and fraud. Nothing in these T&Cs will operate to exclude or limit Percent’s liability (a) for death or personal injury caused by Percent’s negligence; (b) for any fraud or fraudulent misrepresentation; or (c) to the extent that such liability cannot be excluded or limited under applicable law.
11.2 Do not use the Percent Platform for commercial purposes. You agree not to use the Percent Platform for any commercial or business purposes, and if you do so Percent will have no liability to you (whether in contract, tort (including negligence) or otherwise) for any loss of profit, loss of revenue, loss of sales, business or business opportunity, loss of agreements or contracts, wasted expenditure, anticipated savings, damage to reputation or loss of goodwill or loss or corruption of data, in each case, whether direct or indirect; or indirect, consequential or special loss.
11.3 What Percent is not liable for. The Percent Service connects you with Merchants, the Foundation, Charitable Causes and the Transaction Integration Partner. If something goes wrong due to an act or omission by such third party, Percent is not liable to you in any way and you should contact the relevant third party directly. You agree that (as set out in clauses 5.1 and 5.2), ultimately it is the Merchant and Foundations’ responsibility to pay Charitable Donations to the Charitable Causes
11.4 Our liability. Subject to clauses 11.1, 11.2, 11.3 and 11.5, Percent’s aggregate liability to you for any loss or damage in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise connected to or arising out of these T&Cs or your use of the Percent Platform and/or Percent Service, shall not exceed £50. This limitation shall not apply to any misuse by us of your personal data.
11.5 Defective digital content. In the event that the Percent App is deemed to be defective digital content that Percent has supplied, for example if the Percent App damages your device or other digital content owned by you, and this is caused by Percent’s failure to use reasonable care and skill, Percent will either repair the damage or pay you compensation. However, Percent will not be liable for damage that you could have avoided by following Percent’s advice to install the latest software update offered to you free of charge or for damage that was caused by you using the Percent App in a manner that Percent do not authorise, or for you failing have in place reasonable cyber security precautions (such as antivirus software) or the minimum device requirements required to use the Percent App.
12. App Specific Terms
12.1 Additional terms required by app stores. The provisions of this clause 12 apply if you are using the iOS or Android versions of the Percent App. The Percent App, which is available on both the Apple App Store, and the Google Play Store, is controlled and offered by Percent from our facilities in England. The use and distribution of the Percent App via the relevant app store is governed by the relevant app store’s own rules, with which we must both comply. In the event of a conflict between these T&Cs and the terms of the app store that you downloaded the Percent App from, that app store’s terms shall take priority.
(a) you acknowledge that these T&Cs are between Percent and you only, and not with the third party manufacturer or provider of your device or device operating system (“Device Manufacturer”);
(b) you acknowledge that the Device Manufacturer has no obligation whatsoever to furnish any maintenance and support services with respect to the Percent App;
(c) in the event of any failure of the Percent App to conform to any applicable warranty, you may notify the Device Manufacturer, and the Device Manufacturer will refund the purchase price (if any) for the app to you and, to the maximum extent permitted by applicable law, the Device Manufacturer will have no other warranty obligation whatsoever with respect to the Percent App;
(d) you acknowledge that Percent, not the Device Manufacturer, are responsible for addressing any claims of yours or any third party relating to the Percent App;
(e) you acknowledge that, in the event of any third party claim that the Percent App or your use of the Percent App infringes that third party’s intellectual property rights, the Device Manufacturer will not be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim;
(f) you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties; and
(g) you acknowledge and agree that the Device Manufacturer, and the Device Manufacturer’s subsidiaries, are third party beneficiaries of these T&Cs, and that, upon your acceptance of these T&Cs, the Device Manufacturer will have the right (and will be deemed to have accepted the right) to enforce these T&Cs against you as a third party beneficiary.
13.1 Assignment. Percent may transfer our rights and obligations under T&Cs to another organisation. Percent will always tell you in writing if this happens. You will not transfer your rights or your obligations under these T&Cs to another person or entity unless Percent gives prior written consent.
13.2 Entire agreement. Subject to clause 2.3, these T&Cs constitute the entire understanding and agreement between you and Percent in relation to your use of the Percent Service. You agree that you have not relied on any statement or information in entering into these T&Cs which is not set out in these T&Cs. However, nothing in this clause shall restrict Percent’s liability for fraudulent misrepresentation.
13.3 No rights for third parties. Subject to clause 12.1(i), these T&Cs do not give rise to any rights under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any of these T&Cs, except as expressly set out in these T&Cs.
13.4 No waiver. If Percent do not insist immediately that you do something you are required to do under these T&Cs, or if Percent delay in taking steps against you in respect of you breaching these T&Cs, that will not mean that you will not have to do those things, and it will not prevent Percent from taking steps against you at a later date.
13.5 Severance. If any provision or part-provision of these T&Cs is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these T&Cs.
13.6 Governing law and jurisdiction. These T&Cs (and any non-contractual obligations arising out of or in connection with these T&Cs and any claim or dispute in relation to their formation) shall be governed by and construed in accordance with English law and subject to the non-exclusive jurisdiction of the English courts.
14. Contact details
14.1 How we may contact you. If Percent need to contact you, we may do so using the contact details you provided upon registration (as amended via the Percent Platform).
14.2 Percent’s contact details. You can contact Percent using the following details:
14.3 In-app chat support. You can also contact us by using the in-app chat support function within the Percent Platform. The Percent customer support team will normally respond to requests within one business day.