Terms and Condition Splitty Pay

Additional Terms of Service

Last Updated: April 24th, 2019 Welcome to Splitty Pay, a service available through our associate platforms that al- lows a customer to split payment of a single order into two or more payers/shares . Your use of the Splitty Pay service is subject to your acceptance of these Additional Terms of Service, and are effective as of the date when you first invite others to par- ticipate in a Split Payment Process, accept such an invitation, or participate in or use any of the functionality of the Splitty Pay Service, whichever happens first.

1. Definitions

“Admin” means a Member who initiates a Payment request for a good/service, and manages the Payment once confirmed, on behalf of herself as well as one or more other Pay Friends.

“Pay Friends” means individuals who are invited and in turn agree to participate in a Group Payment Request by paying a pro-rata share of the Total Amount.

“Group Payment Request” means a Payment request initiated by an Admin after designating that she is managing share payment on behalf of herself and one or more other Pay Friends.

“Group Payment Confirmation” means a Group Payment Request that has been accepted by the Merchant and paid for in full by the Admin and her Pay Friends.

“Group Payment Service” means the process that Splitty Pay offers to their customer in order to split the amount of an order into others shares/quota that can be paid with different credit/debit cards.

2. Group Payment Request

If an order is eligible for the Group Payment Service, you as the Admin will see an option selection allowing you to submit a Group Payment Request. If you op-tion to use the Group Payment Service, you must designate the number of Pay Friends that will be participating in the order. You as Admin can pay on behalf of your Pay Friends or you can also invite each Pay Friends to participate in the Group Payment Request.

Admin can then send out invitations asking to all Pay Friends to pay their own share, linking them to the Group Payment Request. Pay Friends will have a de-terminate lack of time depending on Merchant’s acceptance and confirmation of the Group Payment Request to remit their respective goods/services.

Failure to complete payment within the designated time frames will not result in cancellation of your Group Payment Request. As per point 7. Payments and General Financial Terms, the amount of the preauthorizations could be divided only on the credit/debit cards inserted during the purchase.

In the event that at least one Payment Attempt fails, you will be contacted via the Splitty Pay platform to submit another payment; such payment must be re-ceived within the same time frames designated for Pay Friends to prevent can-cellation of the Group Payment Request.

In situations where you choose the “Equally Divided” solution, and the Total Amount can not be evenly split with equal parts between Admin and any Pay Friends, you as Admin will then pay the difference, which in any case will al-ways be less than 0.10 €. The difference in these payment amounts is expected to happen only in the “Equally Divided” solution. Once a Group Payment Re-quest is confirmed, Admin is responsible for managing the Group Payment Re-quest, for sharing the Monitor Page, for being the referent regarding any com-munication that Splitty Pay or the Merchant have to provide, for making any necessary Alterations to the Group Payment Request, and for any Pay Friends that subsequently decide not to participate in the Group Payment Request after paying their own share.

In the event you as the Admin submit a cancellation request after the Group Payment Confirmation, the refund shall be decided basing on the Merchant pol-icy and T&C. In the event a Refund will be accepted, the amount will be credit-ed proportionally based on the credit/debit cards that have processed their own payments. You as Admin will not be responsible to split the amount to the member of the Group Payment Confirmation.

If Admin submits multiple Group Payment Request for the same order, and more than one of the Order requests is accepted, all the members of the Group Payment Confirmations will be responsible and the eventual refund shall be decided basing on the Merchant policy and T&C.

3. Pay Friends

By participating in a Group Payment Request, each Pay Friends authorizes Admin: (i) to act on Pay Friends’s behalf to manage the Order and any subsequent alteration requests; and (ii) to see the status of all payments associated with the Group Payment Request.

Pay Friends acknowledges and agrees that an agreement is formed between Admin and Pay Friends when the Pay Friends (i) accepts Admin’s invitation to the Group Payment Request and (ii) tenders payment for its share of the Total Amount. The terms of that agreement include the terms set forth in these Group Payment Terms and any other terms agreed to accepted by both the Admin and Pay Friends to the extent such terms do not conflict with these Group Payment Terms, the TOS, the Payments Terms or the Privacy Policy, and do not expand Splitty Pay’s obligations or restrict Splitty Pay’s rights under these Group Payment Terms, TOS, Payments Terms or Privacy Policy.

4. User Conduct

In addition to those obligations contained in the TOS, Pay Friends and Admins may not and agree to not:

  • Submit any Group Payment Request with false or misleading information, including identification information, or submit a Group Payment Request that you do not intend to honor.
  • “Stalk" or harass any Admin, Pay Friends or Merchant, or collect or store any personally identifiable information about such persons other than for purposes of transacting as an Admin or Pay Friends.

5. Disputes

Splitty Pay is not obligated to mediate disputes between Admins and Pay Friends. However, Splitty Pay reserves the right to conduct our own investigation and take appropriate action. In such case, both Admins and Pay Friends agree to cooperate with and assist Splitty Pay in good faith, and to provide Splitty Pay with such information and take such actions as may be reasonably requested by Splitty Pay in connection with any complaints or claims made by Members relating to activities, bookings, good/service or with respect to any investigation undertaken by Splitty Pay or a representative of Splitty Pay regarding use or abuse of the Group Payment Service, Site, Application, or the Services.

Splitty Pay reserves the right to any remedy, including legal action and/or suspending or disqualifying you from the Group Payment Service or limiting, suspending, deactivating, or terminating your Splitty Pay Account, if, in our sole discretion, we determine that you have violated these Group Payment Terms, the TOS, Payments Terms or applicable laws, or where we deem it reasonably necessary to protect the safety or property of Members or Splitty Pay, for fraud prevention, risk assessment, security or investigation purposes.

Admins and Pay Friends will not be able to settle disputes or reconcile any amounts owed between them asking Splitty Pay to intermediate.

Splitty Pay will not be responsible for any other controversy between Admins and Pay Friends after the Group Payment Confirmation.

Splitty Pay will not be responsible also for any issue that impede the success of the Group Payment Confirmation due to any impediment related to Admin or Pay Friends issues, like lack of financial resources on their credit/debit cards.

6. Sharing Your Information

As a Pay Friends, you authorize Admin and any other Pay Friends to see your name, last name and your encrypted credit card details in the context of making a Group Payment Request or participating in a Group Payment Request.

As a Pay Friend, you likewise agree to share accurate information about you (including name and credit/debit card details) with Admin and any Pay Friends during a Group Payment Request invitation. You also agree that Pay Friends may see information about you on your transaction confirmation and/or receipt for your shared Group Payment Request.

7. Payments and General Financial Terms

Unless specified otherwise in these Group Payment Terms, Splitty Pay will handle all payments from Admins and Pay Friends and payouts to Merchants in accordance with the Payments Terms.

In the event that a refund is due to Admin and/or Pay Friends, Splitty Pay will refund the amount of the refund on each credit/debit card used to process the payment, always in accordance of the T&C of the merchant.

Splitty Pay provides Admins with information related to each Group Payment Request. This information will be made available to Admins during the order process and will be designed to document the participants in the Group Pay-ment Request, the amounts paid by each Pay Friends, any alterations to the Group Payment Request and any refunds paid to Admin.

For now, Splitty Pay is not charging service fees as part of the Group Payment Service. However, we may in the future start charging service fees as part of the Group Payment Service or as a condition of accessing certain features of the Group Payment Service, in our sole discretion.

PREAUTHORIZATIONS: based on the decision of the merchant, the Group Pay-ment Service can use a “Strong Preauthorization” method. It means that in or-der to guarantee the selling, the total amount could be preauthorized splitting it only into the shares of the credit/debit cards and not to the participants (Pay Friends) invited to the Group Payment Request. If the Pay Friends will com-plete their payments correctly the charged amounts will be the same of the check out phase decided by the Admin; otherwise if the Pay Friends will not complete their payments their shares will be equally splitted to the cred-it/debit cards inserted during the check out phase. Anyway, the total amount debited will not be higher than the cart one.

8. Termination and Disputes between Admin and Pay Friends

A. Termination

Admin may not remove any Pay Friends from a Group Payment Request after the pre authorization has been successful. To the extent Admin and/or Pay Friends agree that Pay Friends will no longer participate in a Group Payment Request, they each agree that any amounts due from one to the other will be settled directly between them outside the Splitty Pay platform.

In addition, both Admin and Pay Friends acknowledge that Splitty Pay retains the right to (a) terminate the Group Payment Service or (b) terminate either party’s participation in the Group Payment Service.

B. Effect of Termination

To the extent Admin or any Pay Friends is or becomes ineligible to participate on the Splitty Pay Platform, the entire Group Payment Request will be cancelled.

Upon termination, Admin will remain responsible for all of her and her Pay Friends’ actions prior to removal, including the responsibility to fulfill any pending or future payments due from Pay Friends.

9. No Endorsements

Admin is responsible for deciding whether or not to participate in the Group Payment Service, and he do so at his own risk. We are not responsible for any damage or harm resulting from your interactions with Admin s, Pay Friends and/or Merchants.

By using the Group Payment Service, the Site, Application, or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members, including Admins, Pay Friends, Customers, and/or other third parties, will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Splitty Pay with respect to such actions or omissions.

10. Indemnity

Whether you are an Admin or a Pay Friends, you agree to release, defend, indemnify, and hold Splitty Pay and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your use of the Group Payment Service, your violation of these Group Payment Terms, your activities, your misrepresentations or breaches of any representation or agreement in these Group Payment Terms or the TOS, Payments Terms or your agreements with third parties, or your violation of any rights of another person or entity.

11. Disclaimers

THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE GROUP PAYMENT SERVICE REMAINS WITH YOU.

IF YOU CHOOSE TO USE THE GROUP PAYMENT SERVICE, YOU DO SO AT YOUR SOLE RISK. THE GROUP PAYMENT SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SPLITTY PAY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS THROUGH THE GROUP PAYMENT SERVICE. YOU UNDERSTAND THAT SPLITTY PAY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS, INCLUDING PAY FRIENDS, AND HAS NO OBLIGATION TO REVIEW ANY ADMIN, PAY FRIENDS, OR GOOD/SERVICE. SPLITTY PAY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS MEMBERS.

12. Limitation of Liability

YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO, USE OF, FAILURE TO USE OR INABILITY TO USE THE GROUP PAYMENT SERVICE REMAINS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPLITTY PAY WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST

PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF, INABILITY TO USE OR FAILURE TO USE THE GROUP PAYMENT SERVICE, OR THE ACTS OR OMISSIONS OF ANY ADMIN OR PAY FRIENDS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPLITTY PAY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

13. Severability

If any provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

14. Updates to these Terms

Splitty Pay can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the Splitty Pay website, applications, or services, which are effective upon posting. By continuing to access or use the Group Payment Service after we have posted a modification, you are indicating that you agree to be bound by the updated terms. If the modified terms are not acceptable to you, your only recourse is to stop using the Group Payment Service. Splitty Pay reserves the right to change or discontinue the Group Payment Service at any time.