This policy was last updated on: 27th October 2023
1.1 By using the HyperJar app (‘App’) and our Services you agree to these legal terms (‘Terms’) applying between you and HyperJar Limited (‘HyperJar/us/we’) in relation to your use of our Services and that English law and courts will apply. These Terms are made in the English language. Please read these Terms carefully and contact us if anything is unclear.
1.2 Under these Terms we will provide you with a prepaid HyperJar card for your own use. These Terms will be solely and exclusively between you and us.
2.1 Our company information. The App and the Services are operated and managed by HyperJar, which is registered in England and Wales with its registered office at: HyperJar, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ and company number 10130583.
2.2 How to contact us. You can contact us by:
2.3 How we will contact you. We’ll contact you via the App or using the contact details (phone and email) that you provided when you registered – please keep these up to date in the App. By using the App, you agree to receive electronic communications from us. If we have reasonable concerns either about the security of your HyperJar account, HyperJar card(s), or any suspected or actual fraudulent use of any of them, we will contact you via telephone, email, or both (unless contacting you would be unlawful or compromise our reasonable security measures).
2.4 Additional documents. The following additional documents also apply to your use of our Services and should be read in conjunction with these Terms:
2.5 How to get a copy of these Terms and the Modulr Introduced Client Terms of Business. You can always see the most current version in the App or on our website www.HyperJar.com. You can download a copy at any time and keep them for future reference. If we need to send you information in a form you can keep, we will either send you an email or provide information on our website that you can download. Please keep copies of all communications we provide to you.
3.1 Age restrictions. You must be at least 16 years old and resident in the UK to have a HyperJar account. By downloading the App and registering for the HyperJar account you confirm that you are 16 or older.
3.2 Getting to know you. We may carry out customer due diligence checks on you, and any parties involved in your transactions, in accordance with applicable law. If we ask you to, you agree to promptly provide evidence of your funding sources and identity. You must provide us with complete, accurate, and up to date information at all times. We will not be responsible for any loss arising out of your failure to do so. You agree that we may make, directly or using a third party, any inquiries we believe are necessary to validate information you provide to us, including checking commercial databases or credit reports.
3.3 You can only have one HyperJar account. If we discover that you have more than one HyperJar account, at our discretion we may either merge or close any duplicate accounts or terminate all of your accounts if we reasonably believe you have opened them in order to bypass any restrictions in the Services.
3.4 Your transactions. You can only use the HyperJar account to carry out transactions for yourself, not on behalf of any other person or legal entity. You also cannot allow anyone else to operate your HyperJar account on your behalf. If we reasonably suspect that you are using your HyperJar account for someone else or for business transactions, we may close your account (as set out in section 19).
4.1 You can use your HyperJar account to:
4.2 The HyperJar account includes an electronic money account. This electronic money account is separate to any advance payments that you have made to participating merchants. Any funds in your HyperJar account that have not been committed to a participating merchant as advance payments will be held as electronic money. The electronic money is issued to you (and held) under these Terms by Modulr FS Limited (‘Modulr’), a company registered in England and Wales with its registered office Scale Space White City, 58 Wood Lane, London W12 7RZ, UK and company number 09897919. Modulr is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (firm reference 900573) to issue electronic money and provide payment services. HyperJar is an agent of Modulr (firm reference number 902842) and enters into these Terms with you to distribute and redeem electronic money on behalf of Modulr.
4.3 Electronic money:
4.4 Your HyperJar card. A prepaid HyperJar card in virtual form is linked to your HyperJar account for your use. The HyperJar card is issued to you under these Terms by Monavate Limited (‘Monavate’) pursuant to a licence from Mastercard International Incorporated. Monavate is registered in England and Wales with its registered office at Suite EF38, The Officers Mess Business Centre Royston Road, Duxford, Cambridge, CB22 4QH and company number 12472532. Monavate is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (register reference 901097).
4.5 HyperJar does not directly hold or process any of your money. HyperJar does not issue or hold electronic money, or provide payment services, but distributes and redeems electronic money on behalf of Modulr. Any obligations owed to you under these Terms or under financial services regulation relating to the issue or holding of electronic money, the provision of payment services, or the HyperJar card, are owed by Modulr and Monavate respectively, and not by HyperJar.
4.6 FSCS does not apply. You acknowledge that the UK’s Financial Services Compensation Scheme (‘FSCS’) does not apply. Your HyperJar account are not bank accounts and are not covered by the FSCS. Any electronic money in your HyperJar account is held by Modulr in segregated accounts and may be at risk if Modulr becomes insolvent. Please see our FAQs on how your money is protected.
4.7 Limits. There are limits that apply to your use of your HyperJar account, and HyperJar card(s) and we also place restrictions on certain transactions, including how often and where you can use the HyperJar card. You can pay in and spend up to an all-time maximum of £100. Should you exceed these limits, HyperJar reserves the right to place restrictions on your account to ensure that you remain within the limits or until you have completed.
4.8 More information. For more information about your HyperJar account and its key features, see our FAQs.
5. GIFT CARDS
5.1 Purchasing gift cards. You can purchase gift cards from various retailers in the App by topping up your account and using that money to make the purchase.
5.2 Gift card terms. To purchase a gift card, you will need to agree to terms and conditions displayed by the retailer. These terms will describe conditions related to usage and redemption of the gift card and will vary by retailer.
5.3 Issues with a gift card. If you experience any issues with using the gift card, please refer to the retailer’s terms and conditions on their website or contact their customer services.
5.4 Liability. We are not liable to you if you purchase a gift card and:
- You fail to use it before the expiry date;
- No longer want or intend to use the gift card;
- The item you wish to purchase from the retailer is not available;
- The retailer you have purchased the gift card from ceases trading;
- You are unhappy with the product you purchased from the retailer. You must liaise with the retailer to return, replace, or obtain a refund for any product purchased;
6. CASHBACK
6.1 Earning cashback. From time to time, we may offer cashback. The way that you can earn cashback will be presented to you at the time of offer. The amount of cashback you receive will be shown at the time of the offer in the App; this may differ for each offer and may vary from time to time. We reserve the right to cap the amount of cashback you can earn. Please see here for a full list of the applicable restrictions and limits.
6.2 Spending cashback. Cashback earned will typically be added to your wallet or a Jar and you can spend as with any other money you have in your account. From time to time some merchants may pay out cashback in a form that can only be spent at that retailer. This will be made clear in at time of offer, and in the terms and conditions provided by the specific retailer.
7. ABOUT THE HYPERJAR CARD
7.1 The HyperJar card is a virtual prepaid card. It is not a guarantee card, charge card, debit, or credit card. The HyperJar card can be activated by following the instructions in the App.
7.2 Your authorisation. You agree that any use of (i) your HyperJar card, card number or biometric authentication constitutes your authorisation and consent to a transaction.
8. CHANGES TO THESE TERMS
8.1 Notice period. We may change these Terms by giving you two (2) months’ written notice. You will be considered to have accepted the proposed changes if you do not terminate these Terms by cancelling your account within the App as set out in section 18, or by giving us written notice, during the notice period.
8.2 Immediate changes. We may also make some changes immediately, without notice, if they:
8.3 If you don’t agree to changes You should stop using the App and any HyperJar cards associated with your HyperJar account. If you keep using the App or HyperJar card(s) from the effective date of any new terms, we will consider you have accepted the change.
9. HYPERJAR FEES
9.1 Fees for using the account. HyperJar reserves the right to charge for the use of the account or Services. Any applicable fees charged by HyperJar regarding the HyperJar account and HyperJar card are set out here.
10. LOADING MONEY INTO YOUR HYPERJAR ACCOUNT
10.1 £ Sterling only. Payments made into your HyperJar account must be made in £ Sterling and be from a UK bank account; we do not accept payments from non-UK bank accounts.
10.2 Paying in. You can load electronic money into your HyperJar account by transferring money from a UK bank account into your Wallet. This method of loading your HyperJar account is provided by third parties (e.g., your bank) and is not part of our Services. We may add additional methods of loading, or stop offering existing methods, at any time without notice to you.
10.3 Crediting your account. We will credit your HyperJar account as soon as possible when we receive your money, subject to our rights set out in section 19 and our right of reversal. If we exercise our rights under section 19, or the money you intended to load does not reach us within a reasonable time, we may need to reverse the transaction and deduct any electronic money we have already credited to your HyperJar account. If you do not have enough electronic money in your HyperJar account for us to make this deduction, you must reimburse us as soon as possible, as set out in section 11.2.
11. MAKING PAYMENTS, TRANSFERS AND WITHDRAWALS
11.1 Sufficient funds. You must have enough funds to cover the full amount of any payment. We may decline any instruction if your HyperJar account does not have sufficient advance payments, if you exceed any applicable limits, or in accordance with section 19.
11.2 Obligation to repay. There cannot be a negative balance in your HyperJar account. Some transactions that take your HyperJar account below zero may still go through. If that happens, you must repay the amount owing to us immediately, without requiring notice from us to do so. If you do not, we may suspend your use of your HyperJar account. We may also take other reasonable steps to recover the amount owing to us (such as taking legal action or using debt collection services) and charge you for the cost of these services.
11.3 Confirming and cancelling. You successfully complete device and App security and follow the steps in the App to make payments. You will be prompted in the App to confirm the details of the payment and once confirmed you cannot cancel your instruction.
11.4 Deduction of funds. We will deduct the amount of your payment immediately. We will credit this amount to the merchant as soon as possible.
11.5 Withdrawing funds. The methods of withdrawing funds out of your HyperJar account are provided by third parties (e.g., the bank where you have your bank account) and are not part of our Services. We do not have any control over the amount of time it may take for a recipient’s bank or payment provider to credit funds to the recipient but would generally expect this to take less than three Business Days.
11.6 Additional methods. We may add additional methods of withdrawing, or stop offering existing methods, at any time.
12. KEEP YOUR ACCOUNT SAFE
12.1 Keep your HyperJar account safe. Always keep your device, your virtual HyperJar card, card number, CVV, and the passcode to your HyperJar account, safe and secure. Do not write down or tell anyone your passcode, and do not share your HyperJar card, or allow anyone else to access your HyperJar account. Please see our FAQs for more detail of how to keep your account safe.
12.2 Compromised account. Contact us if you suspect your HyperJar account may be compromised using the chat feature in the App or on our website immediately (and freeze your HyperJar account) if:
12.3 Check transactions regularly. All your transactions and are displayed in the App in the activity section of your HyperJar account. You must contact us immediately using the chat feature in the App if you see transactions that you don’t recognise or that look wrong. We might be able to refund money you have lost if the transaction is due to our mistake, fraud, or errors with your transaction (see section 16.7). If you don’t tell us about any unauthorised or incorrectly initiated or executed transactions immediately, and at the latest within 13 months from the transaction, you may not be entitled to have any errors corrected or money refunded. You also may not be able to claim a refund if:
12.5 You must not misuse our App:
13. YOUR LIMITED LICENCE TO USE THE APP
13.1 Right to use the App. Our Services, including the App, contain software, technology, confidential information, and other content that is protected by intellectual property rights and other laws. We license you the right (a personal, revocable, non-transferable, non-sublicensable and non-exclusive licence) to use the App to access our Services provided you comply with these Terms and any applicable rules of the app store provider or operator (App Store and Google Play).
13.2 We remain the owners of the App. You do not have any right to our Services, including the App, other than to use them in accordance with the licence granted in section 13.1. Except as allowed by law or by HyperJar, and you cannot use, distribute, reproduce, modify, copy, adapt, publish, translate, create derivative works from, transfer, loan, rent, sell, publicly perform, or publicly display any part of our App, Services, or included platform or software. You also cannot reverse engineer, decompile, disassemble, or attempt to extract the source code of that platform or software.
14. ABOUT THE APP
14.1 App updates. Software updates for the App may be issued through App Store or Google Play from time to time. In some cases (for example if there are security risks), you may not be able to use the App until you have installed the updated version and accepted any new terms.
14.2. HyperJar’s responsibilities. Other than as expressly set out in these Terms, we do not make any specific promises about the App. For example, we do not make any commitments about the content within the App, the specific functions of the App or its accuracy, reliability, availability, or ability to meet your needs. We do not guarantee that our Services will be uninterrupted or that they will always be available. Occasionally, we may have to interrupt the use of the App; if we do, we will restore access as quickly as we can. We cannot guarantee that the App will be free from bugs or viruses, or never be faulty.
15. WHAT ABOUT OTHER PEOPLE’S RIGHTS?
15.1 Third-party rights. We respect other people’s rights and expect you to do the same. You cannot use our Services, including the App, in any way that infringes or violates HyperJar’s or anyone else’s copyright, trademark or other intellectual property rights or otherwise breaks any applicable law.
15.2 Third-party content. The App displays content that we do not own, and we are not responsible for. Branding, trademarks, service marks, logos and content used in the App may belong to HyperJar or someone else, such as a participating merchant. You may not use content from any of our Services, including the App, unless you get permission beforehand from us or the owner of the content, or you are permitted by law.
16. LIABILITY
16.1 Foreseeable loss and damage. We are responsible to you for foreseeable loss and damage that we cause. We will be responsible to you for any loss or damage you suffer that is a foreseeable result of us breaking these Terms, or of our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Terms were agreed, both we and you knew it might happen.
16.2 Limits on liability. We do not exclude or limit 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, or for fraud or fraudulent misrepresentation.
16.3 We will not be liable or responsible:
Any obligations owed to you under these Terms or under financial services regulation relating to the issue or holding of electronic money, the provision of payment services, or the HyperJar card, are owed by Modulr and Monavate respectively: HyperJar will not be liable for their acts or omissions.
16.4 Your liability to us. You will be responsible to us for any loss or damage we suffer that is a foreseeable result of you breaking these Terms, failing to comply with applicable law, or misusing our Services. In the unlikely event of any losses, claims, costs, or liabilities arising out of any or all of the following, you agree to compensate us and our affiliates and hold us harmless for your breach of these Terms or any applicable law, use or misuse of our Services.
16.5 Neither of us will be liable to the other for:
16.6 Deducting money from your account. We can deduct money from your HyperJar account if you owe us money. You agree that we have the right to deduct from the electronic money in your HyperJar account any amounts that you and/or they owe us from time to time. If you do not have enough electronic money in your account to repay the amount you and/or they owe, we may take other reasonable steps to recover this amount (such as taking legal action or using debt collection services) and charge you for the cost of these services.
16.7 Our liability to you for unauthorised payments or our mistake. If any unauthorised transaction is due to our error, we will on your request immediately correct the error and refund the payment or withdrawal (if relevant). This shall not apply:
17. COMPLAINTS
17.1 Merchant complaints. If your dispute or complaint is in relation to a participating merchant’s offer, rewards, or goods or services you purchased from a participating merchant or any other retailer with your HyperJar account, or HyperJar card(s), you must settle it with that merchant or retailer. Your contract is with the merchant, not HyperJar, and the merchant’s terms and conditions will apply.
17.2 HyperJar complaints. If you have a complaint about the HyperJar Services or any HyperJar rewards that we are the promoter of, please contact us using our customer complaint procedure shown on our website. If you’re still unhappy, you can refer your complaint to the Financial Ombudsman Service if it is in relation to your electronic money account – their website is: www.financial-ombudsman.org.uk.
18. HOW TO CLOSE YOUR ACCOUNT
18.1 Closing your account. You can close your HyperJar account at any time by contacting Customer Support using the chat feature in the App or by using the close account feature in the App. You will need to repay any money you owe us before you close your account. We will terminate your HyperJar account and any and the HyperJar card(s) and transfer any remaining electronic money in your HyperJar account to your chosen UK bank account.
18.2 Withdraw your funds. If you still have electronic money in your HyperJar account when you close your account:
19. WHEN WE CAN SUSPEND, CLOSE OR BLOCK YOUR ACCOUNT
19.1 Ending these terms with notice. We may end these Terms by giving you two months’ notice. We may give you two months’ notice at any time that we are closing your HyperJar account or any associated Services and ending these Terms.
19.2 Ending these terms without notice. We may end or suspend these Terms without notice in certain circumstances. We may without notice suspend or close your HyperJar account and the HyperJar card(s) immediately at any time, or block any transactions, if:
19.3 Unclear instruction. We may also block any transaction if the instructions are unclear, incomplete or contain an error.
19.4 Giving you notice. We will give you notice of suspension where possible. We will give you notice of any suspension and the reasons for such suspension as soon as we can, either before the suspension is put in place, or immediately after, unless it would compromise our reasonable security measures or be otherwise unlawful. We will lift the suspension as soon as practicable once the reasons for the suspension have ceased to exist.
19.5 Registered but not activated. If you have registered for, but not activated or used, your HyperJar account, or HyperJar card(s) within 12 months from registration, your HyperJar account will become inactive, and we may close it. If we close your account, you will need to reregister for a new account.
19.6 Account inactivity. If you do not use your HyperJar account for 12 months, your account will become inactive, and you will no longer be able to access it. If you have electronic money, advance payments committed to a merchant in your HyperJar account, we will maintain your account for 6 years from the date your account becomes inactive. You can contact us to reactivate your account to withdraw the electronic money, spend any such advance payments (or transfer the value of them to another HyperJar user), use any rewards you have accrued with the relevant participating merchant during this time. At the end of the 6-year period:
19.7 When these Terms end you will not be able to use the App. All rights granted under these Terms shall cease and you must immediately delete or remove the App from your device.
20. WHAT ELSE DO I NEED TO KNOW?
20.1 Transferring these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in advance in writing. We can transfer these Terms, or any right or obligation under these Terms, at any time by giving you two months’ notice. This does not affect your rights to close your account as set out in section 18.
20.2 Third party rights under these Terms. You acknowledge and agree that Modulr has the right to enforce these Terms directly against you in relation to your electronic money account. Save for Modulr, these Terms are not intended to grant rights to anyone except 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 Terms or make any changes to these terms.
20.3 Even if we delay in enforcing these Terms, we can still enforce them later. We may choose to ignore it if you break the Terms, or we may choose not to enforce a particular term. But even if we do this, we can still choose to enforce that term or take action because you break that or any other term in the future.
20.4 Mobile network charges. The App may require the use of data access and text messaging and you are responsible for any charges that your mobile network provider may apply.
21. DEFINITIONS
“Business Day” means a day other than a Saturday, Sunday, or public holiday in England when banks are open for business in London.
“Jar Owner” means a registered HyperJar user that opens a Jar in their HyperJar account.
“Personal Data” means any information that can be used to personally identify you, including information you give to us when you register (e.g., email address) and any information that we collect as you use the App.
“Services” means the products, content, features, technology, functions, and services provided by HyperJar, including the App, our websites and any other online, offline, or mobile products and services on or via any platform or technology.
“Wallet” means the digital wallet within the App that is used to hold electronic money in your HyperJar account before you choose to move some or all of it into another Jar, for example by making an advance payment to a participating merchant. We use Modulr to provide services for the wallet such as (i) provide your pay-in sort code and account number; (ii) receive the payments into your wallet; and (iii) hold your e-money until it is spend using your HyperJar Card or you make an advance payment. These services are covered by the Modulr terms and conditions shown here.