Cooper

1. THESE TERMS 1.1. What these terms cover. These are the terms and conditions on which we supply our various services to you. 1.2. Why you should read them. Please read these terms carefully before you join our platform. These terms tell you who we are, how we will provide our service to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss. 1.3. Are these terms and conditions binding you? If we accept your use for our platform then you agree to be bound by these terms and conditions which, subject to clause 1.4, will regulate your use of our platform to the exclusion of any other terms and conditions. 1.4. Additional terms that apply. These terms and conditions should be read in conjunction with the following additional terms, which are intended to supplement these terms and conditions: 1.4.1. Our Terms of Website Use at www.cooperlock.com/terms, which sets out general terms applicable to your use of our website; 1.4.2. Our Privacy Policy at www.cooperlock.com/privacy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our platform, you consent to such processing and you warrant that all data provided by you is accurate; 1.4.3. Our Acceptable Use Policy at www.cooperlock.com/privacy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy; and 1.4.4. Our Cookie Policy www.cooperlock.com/privacy, which sets out information about the cookies on our site. If there is any conflict between the provisions of these terms and conditions and the content of any of the documents referred to at clauses 1.4.1 to 1.4.4 above, then the provisions of these terms and conditions shall prevail over the conflicting provision(s) in the other document. 2. INFORMATION ABOUT US AND HOW TO CONTACT US 2.1. Who we are. We are Cooper developed by Cooper Social Finance Limited (company number 15872432) whose registered office address is 65 Stephenson Road,Eastwood 2.2. How to contact us. You can contact us by writing to us at support@cooperlock.com 2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. 2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails. 3. OUR CONTRACT WITH YOU 3.1. How we will accept your order. Our acceptance of your order will take place when you complete the application process for any of our services by clicking to confirm your order and your acceptance of these terms on our website at www.cooperlock.com Services provided by the Cooper platform is the Cooperlock money saving feature of the platform while Cooper is also a social capital management platform for Cooperatives and Contributions to manage their operations and provide their members access to their financial information. You are permitted to access our website using your unique username and password to monitor your Cooper account via your Cooper Dashboard. In the case of your being an Administrator for both Cooperatives and Contributions, at the point of clicking to accept the terms and conditions of Cooper Platform, the relevant terms and conditions from these terms of business will apply from that moment. 3.2. If we cannot accept your account opening request. If we are unable to accept your request, we will inform you of this in writing and will not charge you. 3.3. Your reference number. We will assign a reference number to your Cooper account and tell you what it is when we accept your order. It will help us if you can tell us the reference number whenever you contact us about your using our Platform. 3.4. We hope to develop a global platform in UK and other parts of the World, helping Individuals and communities achieve their financial goals. 3.5. Are you over 18? If you are not over the age of 18 years, we will not enter into a contract with you. By entering into a contract with us you warrant that you are older than 18. 3.6. Changes to these terms and conditions. We may change these terms and conditions, or indeed any of the documents referred to at clauses 1.4.1 to 1.4.4 above, from time to time. We reserve the right to make minor amendments to these terms of business, in accordance with clause 5.2 below, without informing you. Where we make such changes, the amended version of these terms and conditions will be posted on our web site at www.cooperlock.com/terms-of-business on the day on which the amendments become effective. From that date, the amended terms of business will apply to you, superseding the original terms of business. 4. OUR Services 4.1. Our basic platform is called Cooper, a platform for managing Cooperatives, Contributions and for savings, locked with Cooperlock. 4.2. Your Cooperlock savings with Cooper platform that will last for periods less than one year (the ‘Term’). During the Term of your Cooperlock, you may not exercise your right to “unlock your Cooperlock”, without a penalty. 4.2.1 Unlocking your Cooperlock before stated term indicates you have credit with the Cooper platform until such time your Cooperlock should ideally be unlocked. This credit will come at an interest cost to be communicated to you. 4.2.1 Unlocking Your Cooperlock. At any time, you can choose to redeem the funds in your Cooperlock, there shall be no credit charge if redeemed at the the target time, but you shall bear a finance charge penalty if redeemed ahead of target date. 4.2.1 Receiving the proceeds on unlocking your Cooperlock. After we have settled any amounts you have due to credit charge, we will notify you of the Remaining amount to be paid to you. 4.3. Membership of Cooperative. Your membership of any Cooperative is solely an arrangement between you and the Cooperative. Cooperatives are registered by other regulators and often have their standard contract with members. Your use of Cooper does not negate contract with any cooperative that you have membership in. Cooper does not promote any Cooperative and assume no responsibility for your dealings with any Cooperative. 4.4. Membership of Contribution. Your membership of any Contribution is solely an arrangement between you and the Contribution. Contribution social capital arrangements between individuals based on assumed trust amongst such individuals. They often are not registered by regulators, though there is often an agreement with members. Your use of Cooper does hold liability for a contribution that you have membership in. Cooper does not promote Contribution and assume no responsibility for your dealings with any Contribution, hence its solely your responsibility to conduct due diligence before joining any Contribution. 4.5 Cooperative Administrator. By Becoming a Cooperative Administrator on Cooper, you agree that your Cooperative is duly registered by the appropriate regulator, and that you are duly authorised to operate a Cooperative. You also agree to act according to all the approved bye-laws of the Cooperative. You also duly agree to inform Cooper of change in your membership of the Cooperative and for onward transfer of administrative rights to appropriate person(s). 4.6 Contribution Administrator. By Becoming a Contribution Administrator on Cooper, You agree to conduct appropriate due diligence on prospective members which you know and trust to be diligent in pooling funds together for one another. You also agree to arrange the cycles of collection in which no member is disadvantaged. You also agree that Cooper holds no liability for the pooling and disbursement of funds to members. You also agree to appropriately inform members and provide members an up to date information regarding their funds. 4.7. No sale or assignment: You will not voluntarily, or by operation of law, sell, assign, novate, pledge or otherwise transfer your obligations under this Agreement without our prior written approval. 4.7. Refer your Friends. We may, at our discretion, provide you with the opportunity to formally refer your friends to open Cooper accounts. You can enter the names and contact details of those friends you wish to refer. We will email these friends on your behalf to inform them about Cooper and the fact that they have been referred to Cooper by you. The email will contain a unique tracking link that will enable them to sign up for Cooper. Also in your User Dashboard, there is an alphanumeric code which you can give to friends whose emails you do not wish to provide to us. If an individual that you have referred subsequently purchases joins Cooper either by clicking on the unique tracking link or by inputting the alphanumeric code and then makes at least joins or starts a contribution or starts a Cooperlock savings we will add £5 or more to your Cooper. This amount will be added to your Cooperlock savings, which you can access, when you unlock your Cooperlock. If you refer a friend who subsequently joins Cooper, but does not use either the unique tracking link provided or the alphanumeric code you will not receive the Additional Amount of £5 in respect of that customer. 5. OUR RIGHTS TO MAKE CHANGES 5.1. Changes to your Dashboard. We reserve the right to change the content within your Dashboard or website at any time and without the need to give you prior notice of that change. 5.2. Minor changes to the product. We may change the product: 5.2.1. to reflect changes in relevant laws and regulatory requirements; and 5.2.2. to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product. 5.3. More significant changes to the product and these terms. We may make more significant changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before any of these more significant changes take effect in accordance with clause 7.2. 5.4. Updates to website content. We may update or require you to update the website content of our product, provided that the website content shall always match the description that we provided to you immediately before you bought it. 5.5. Interruption to the Service. If it is necessary for us to interrupt the provision of the services associated with our product then we may do so without telling you first. You acknowledge that the services may also be interrupted for reasons beyond our control (see clause 14.10). You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to the services. 6. PROVIDING OUR Services 6.1. Delivery. You have access to Cooper services when you log into your account via your User Dashboard. Delivery of the reportable elements will be through your Dashboard. 6.2. When we will provide the service. The service is available to you on the same day that you complete the application process by clicking to confirm your order and your acceptance of these terms on our website at www.cooperlock.com. 6.3. We are not responsible for delays outside our control. If our supply of any service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may unlock your Cooperlock and receive the Remaining amount into a bank account of your choice servicing your operating currency without them being subject to the deduction of any fee. Please contact customer services at support@cooperlock.com if you wish to unlock your Cooperlock because of risk of substantial delay. 6.4. If you do not receive the email with your Cooperlock. If you do not receive the email with your joining Cooper, please contact customer services at support@cooperlock.com to inform us of this and we will send another email to confirm your joining. Your Cooperlock has a unique reference number that identifies it. If you receive more than one mail with your Cooperlock, this does not signify that you have received more than one Cooperlock account. 6.5. When you become Responsible. Your Cooper will be your responsibility from the time you activate your Cooper account 6.6. You must not use any part of the content available in your Dashboard or elsewhere on the Cooper website for commercial purposes without obtaining a licence to do so from us or our licensors. 6.7. What will happen if you do not give required information to us. We may need certain information from you (for example your address, age or employment status) so that we can supply our services to you. If so, this will have been stated on our website. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and clause 9.2 will apply). We will not be responsible for providing any service late if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 6.13. Reasons we may suspend the supply of services to you. We may have to suspend the provision of service to: 6.13.1. deal with technical problems or make minor technical changes; 6.13.2. update any product to reflect changes in relevant laws and regulatory requirements; 6.13.3. make changes to any service as requested by you or notified by us to you (see clause 5). 6.14. Your rights if we suspend the supply of our services. We will contact you in advance to tell you we will be suspending supply of service, unless the problem is urgent or an emergency. If we have to suspend your Cooper account, we will give you the option to unlock your Cooperlock. If you choose to unlock your Cooperlock in these circumstances, then you will receive the Remaining amount into your nominated bank account of your choice without them being subject to deduction of any fee. 6.15. We may also suspend supply of our services if you do not pay. If you do not pay us for the service when you are supposed to (see clause 11.3) and you still do not make payment within 30 days of us reminding you that payment is due, we may suspend the provision of such service until you have paid us the outstanding amounts. In such a case, we will contact you to tell you we are suspending our provision of the service. We will not suspend the service where you dispute your obligation to pay. 7. YOUR RIGHTS TO END THE CONTRACT 7.1. You can always end your contract with us. Your rights when you end the contract will normally depend on the service you signed up for on Cooper, whether there is anything wrong with it, how we are performing and when you decide to end the contract: 7.1.1. If service you signed up for is faulty or misdescribed you may have a legal right to end the contract get some or all of your money back, see clause 10; 7.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2; 7.1.3. If you have just changed your mind about a product, see clauses 7.3 and 7.4; 7.1.4. In all other cases (if we are not at fault) see clause 7.5. 7.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 7.2.1 to 7.2.5 below the contract will end immediately. The reasons are: 7.2.1. we have told you about a significant upcoming change to the product or these terms which you do not agree to (see clause 5.3); 7.2.2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; 7.2.3. there is a risk that supply of the product may be significantly delayed because of events outside our control; 7.2.4. we have suspended our services for technical reasons, or we notify you that we are going to suspend our service for technical reasons, in each case for a period of more than 30 days; or 7.2.5. you have a legal right to end the contract because of something we have done wrong. 8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND) OTHER THAN BY UNLOCKING YOUR Cooper 8.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following: 8.1.1. Email. email us at support@cooperlock.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. 9. OUR RIGHTS TO END THE CONTRACT 9.1. We may end the contract if you break it. We may end the contract for a service at any time by writing to you if: 9.1.1. you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due; 9.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example (without limitation) your contact details; 9.1.3. you do not, within a reasonable time, allow us to deliver the services to you; or 9.3. We may withdraw the service. We may write to you to let you know that we are going to stop providing the service. We will let you know at least 14 days in advance of our stopping the supply of the service and will refund any sums you have paid in advance for services (representing the remainder of the Term) which will not be provided. 9.4. If your contract with us ends for any reason then your right to use our product will immediately cease. 10. IF THERE IS A PROBLEM WITH COOPER SERVICE 10.1. How to tell us about problems. If you have any questions or complaints about any service, please contact us. You can write to us at support@cooperlock.com. You can find a copy of our complaints handling procedure at www.cooperlock.com/complaintsprocedure if you wish to make a complaint. 10.2. Summary of your legal rights. We are under a legal duty to supply a product that is in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights. Summary of your key legal rights: This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is digital content the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality: (a) if your digital content is faulty, you're entitled to a repair or a replacement. (b) if the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back (c) if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation 12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU 12.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract 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 the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. 12.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarised at clause 10.2 and for defective services under the Consumer Protection Act 1987. 12.3. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you reasonable compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. 12.4. We are not liable for business losses. We only supply the services for private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you whatsoever for any loss of profit, loss of business, business interruption, or loss of business opportunity. 12.5. Upper limit of our liability to you. Subject to clause 12.2, the upper limit of our liability to you shall under no circumstances exceed the price that you have paid for the product. 12.6. Clauses 12.1 to 12.5 form an essential part of this agreement. Each clause in these terms is independent and severable from each other clause and enforceable accordingly. If any restriction or limitation is unenforceable for any reason but would be enforceable if part of the wording were deleted, it will apply with such minimal deletions as may be necessary to make it valid and enforceable. 13. HOW WE MAY USE YOUR PERSONAL INFORMATION 13.1. The need for accurate personal information. You warrant that the information that you provide to us is accurate, up to date, and complete. 13.2. How we will use your personal information. We will use, and you expressly authorise us to use, the personal information you provide to us: 13.2.1. to supply the services to you; 13.2.2. to process your payment for the services; 13.2.3. for our marketing purposes provided that we do so in a way that does not disclose your identity. 13.3. You hereby expressly give us your permission to include your name in any communication that we may have with any friends who you have referred to Cooper. In addition, where you have been referred to Cooper by a friend, you expressly agree that we may share your name with the customer that has referred you to Cooper. This information is available only in your Dashboard and is only used to support the payment of an Additional Amount to that customer when they unlock their Cooper. 13.4. We may at any time seek to procure and access a copy of your credit information as held with one or all of the Credit Reference Agencies operating within the UK. This will be done with your consent, which, if given, authorises us to store such information and to use it to monitor your credit account activity and any changes to your credit score in order to provide you with tailored education information and additional value added services or services. 13.6. We will email you with a unique tracking link and details of any promotions from time to time. If you do not use the unique tracking link that we send you, you will not qualify to participate in the promotion. 13.7. We reserve the right to remove any promotion at any time. 14. OTHER IMPORTANT TERMS 14.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 14.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 14.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms. 14.4. Treatment of your Cooper upon your death. Upon your death your Cooper will become an asset of your estate. Notification of your death will automatically unlock your Cooper, if appropriate. We will, upon presentation of an executed and certified copy of a death certificate, transfer any Remaining amount, less any fee described in clause 4.7, to the executor of your estate. 14.5. If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect. 14.6. Even if we delay in enforcing this contract, 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 breaking this contract, 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. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date. 14.7. Entire Agreement. These terms constitute the entire agreement between us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. 14.8. No partnership or agency. Nothing in these terms is intended to, or shall be deemed to, establish any partnership or joint venture between us, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party except as expressly provided in these terms. 14.9. You confirm that, by entering into a contract with us, you are acting on your own behalf and not for the benefit of any other person. 14.10. Force majeure. We shall not be in breach of these terms nor liable for delay in performing, or failure to perform, any of our obligations under this agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. 14.11. Dispute resolution. If any dispute arises in connection with this agreement, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing litigation. We have a complaints procedure in place that you must use to raise any complaint or dispute. If we are unable to resolve the dispute between us then you agree to enter into mediation to settle such a dispute and will do so in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between us within 14 days of notice of the dispute being referred to mediation, the mediator will be nominated by CEDR. You can also submit your complaint through the European Commission’s online dispute resolution platform directly. You can find the platform and more information on how it works here: http://ec.europa.eu/consumers/ odr/ 14.12. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.