This policy was last updated on: 27th October 2023
This policy will take effect on: 26th November 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. If you open a sub-account in your HyperJar account (‘Sub-account’) for another person that is resident in the UK and is over 6 years of age (‘Sub-account User’), a separate HyperJar card will be issued for use by the Sub-account User. You will be fully responsible for: (i) the Sub-account User’s use of the Sub-account and HyperJar card and you will be bound by their actions; (ii) the Sub-account User(s) compliance with these Terms; (iii) ensuring that the Sub-account User does not use the HyperJar card for any purpose where they are younger than the minimum age limit for the goods or services they purchase; and (iv) explaining to your Sub-account User(s) how to use their Sub-account and HyperJar card in accordance with these Terms. 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, Sub-account(s), 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 (or your Sub-account User(s)) 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 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. 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. This term does not affect Jar sharing (see section 16) or Sub-accounts (see section 9). 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 25).
4.1 You can use your HyperJar account to:
You may also permit your Sub-account Users to use the App to access these features for their Sub-account. Your Sub-account Users cannot send electronic money out of the Sub-account unless you have approved this in the settings for your Sub-account User, enabling this feature.
4.2 The HyperJar account includes an electronic money account. This electronic money account is separate to any advance payments that you (or your Sub-account User(s)) 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 contactless and/or virtual form is linked to your HyperJar account for your use (or your Sub-account User’s use if you have applied for any Sub-accounts). 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 and any Sub-accounts 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 held at the Bank of England 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, any Sub-accounts and HyperJar card(s) and we also place restrictions on certain transactions, including how often and where you and your Sub-account User(s) can use the HyperJar card. Please see our website for a full list of the applicable restrictions and limits.
4.8 More information. For more information about your HyperJar account and its key features, see our FAQs.
5. USING YOUR HYPERJAR ACCOUNT – ADVANCE PAYMENTS AND HYPERVOUCHERS
5.1 Paying in advance for a HyperVoucher. Using your HyperJar account you can pay participating merchants in advance (“advance payments”):
You can also permit a Sub-account User or a Shared Jar Member to commit an advance payment to a Jar you have opened as a Shared Jar Owner with a participating merchant for rewards and discounts, as noted in sections 9 and 16.
5.2 Hyper Voucher participating merchants. Participating merchants appoint HyperJar as their agent to manage the processing and settlement of advance payments and redemptions on their behalf. HyperJar has no responsibility or liability for the merchant’s offers, its HyperVouchers, goods or services, or any related disputes or refunds. We do not act for you, or contract with you, under these Terms in relation to the Hyper Vouchers or any related rewards or discounts. Your contract is only with the participating merchant.
5.3 The merchant is the promoter and operator of its advance payment offers and the issuer of its Hyper Vouchers. In the ‘Shops’ section of the App you can browse all available offers from participating merchants. The merchant is solely responsible for its offers and the terms and conditions that apply, as well as for its HyperVouchers and the goods or services it provides. You or your permitted Sub-account User or Shared Jar Member need to agree to a participating merchant’s terms and conditions to commit an advance payment to a Jar with that merchant. Each advance payment committed by you, your Sub-account User(s) or your permitted Shared Jar Member to the merchant creates a separate contract between you or your permitted Shared Jar Member and the merchant.
5.4 Merchant responsibility for advance payments. The merchant is responsible for any advance payments committed to them and held in the form of HyperVouchers. The merchant has sole responsibility to honour such advance payments by allowing you and your permitted Sub-account Users and Shared Jar Member(s), to purchase goods and services from its participating outlets and online in accordance with its offer terms. The advance payments are an amount that you, your Sub-account Users or your Shared Jar Member(s) have prepaid to the merchant as full or part payment for goods or services that the merchant will provide in the future – they are not regulated or protected as electronic money. Please see our FAQs on how your money is protected.
5.5 Spending advance payments. Advance payments committed to a merchant (and any accrued rewards) must be spent with that merchant. It is not possible to return funds held by a merchant to your HyperJar account unless stated otherwise in any cancellation right stated in the applicable merchant offer terms. It is also not possible to transfer them to another participating merchant.
5.6 Transfer of Hyper Vouchers. HyperVouchers can be transferred to another HyperJar user (and between HyperJar users) subject to the applicable merchant’s terms. To transfer a HyperVoucher, you (or your permitted Sub-account User or Shared Jar Member) enter the name of the HyperJar user that is to receive the HyperVoucher and follow the steps in the App. You or your permitted Shared Jar Member are responsible for entering the correct recipient details and once confirmed the instruction cannot be cancelled. If you transfer a HyperVoucher to another HyperJar user, we will no longer consider the funds to be yours. For more information see our FAQs.
5.7 How to make an advance payment. You can make advance payments to purchase a HyperVoucher by topping up your HyperJar account first (if necessary) and then committing money to that merchant. A Sub-account User or a Shared Jar Member may also make advance payments as noted in section 10 and section 16.
6.1 Rewards. From time-to-time HyperJar or our participating merchants may offer you rewards. These can be related to purchasing HyperVouchers or for performing some other in-App activity such as ‘claiming’ a money off incentive that can be used with participating merchants when you purchase goods or services using your HyperJar card. You can browse all such available offers in the ‘Shops’ section of the App. Rewards are not electronic money and they are not convertible into cash. Rewards (and the right to accrue rewards) are transferable to another HyperJar account unless stated otherwise in the applicable merchant offer terms.
6.2 Reward terms. You need to agree to the reward terms and conditions to receive a reward (which will be available to view in the App), including how to redeem the reward and any restrictions that may apply. The reward terms will create a separate contract between you or your permitted Shared Jar Member and the promoter of the reward.
6.3 Merchant responsibility for rewards that it is the promoter of. Our participating merchants are solely responsible for their offers, the rewards they make available in the App and any terms or restrictions that apply, as well as for the goods and services they provide. HyperJar has no responsibility or liability for any such merchant offers, rewards, goods or services, or any related disputes or refunds.
7. GIFT CARDS
7.1 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.
7.2 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.
7.3 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.
7.4 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;
8.1 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.
8.2 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.
9. ABOUT THE HYPERJAR CARD
9.1 The HyperJar card is a 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.
9.2 Your (or your Sub-account User(s)) spend. You spend advance payments committed to a participating merchant and accrued discounts and rewards, by using the HyperJar card and PIN in store and online. You (or your Sub-account User(s), if permitted by you) can also use the HyperJar card and PIN (as required) to access any electronic money in your HyperJar account (or the Sub-account) to pay for goods and services in store and online anywhere Mastercard is accepted, even if the retailer is not a participating HyperJar merchant. Please note that HyperJar does not allow transactions at certain merchant types; these are listed in our FAQs.
9.3. Your authorisation. You agree that any use of (i) your HyperJar card, card number or PIN constitutes your authorisation and consent to a transaction; and (ii) your Sub-account User’s HyperJar card, card number or PIN constitutes your authorisation and consent to a transaction.
9.4 What happens if the HyperJar card expires? The HyperJar card has an expiry date, which is printed on it. When it expires, the HyperJar card will stop working. We may send out a new card before the expiry date if you have used your HyperJar card (or your Sub-account User has used theirs) in the last six months and it has a positive balance of advance payments with merchants, or any electronic money.
9.5 Replacement HyperJar card. If you or your Sub-account User do not receive a replacement card and want to continue using the HyperJar account or Sub-account, you or your Sub-account User can contact Customer Support using the chat feature in the App and request a new HyperJar card at any time within the 6-year period from your last activity in the HyperJar account or Sub-account. A fee may apply for replacing the HyperJar card – see here. After 6 years of inactivity your HyperJar account and any Sub-accounts will be deleted, and you will need to apply again if you want to use the Services.
10.1 Opening Sub-accounts. We may allow you to open a Sub-account in your HyperJar account for another person that is resident in the UK, including your child if they are 6 or older, and obtain a HyperJar card associated with this Sub-account. If the Sub-account is for a child under 16 years of age, you must be the parent or legal guardian of the child. A child under 16 cannot apply for a HyperJar account or a HyperJar card themselves. When you register for a Sub-account, you will need to provide us with the full name and date of birth of the Sub-account User. We may ask you to provide proof of ID for the Sub-account User at our discretion. The HyperJar card and Sub-account will be in the name of the Sub-account User and is not transferable. HyperJar cards for Sub-account Users will be sent by post to the main HyperJar account address. You or the Sub-account User cannot allow anyone else to operate the Sub-account or use their HyperJar card. You cannot open more than 6 Sub-accounts. For more information about Sub-accounts and how to set them up see our FAQs.
10.2 Limits and controls. Any limits or restrictions applicable to your HyperJar account also apply to any Sub-account(s): these limits are not increased by you opening one or more Sub-accounts. You can set your own limits and restrictions regarding your Sub-account User(s) use of the Sub-account. We also place restrictions on the HyperJar card based on the age of the Sub-account User so that it cannot be used at merchants where there are age-based restrictions. For more information about the applicable limits and controls see our FAQs.
10.3 Notifications and monitoring. You will be able to see all activity on your Sub-accounts in your App in real time, including any notifications. You must explain this to them. It is your responsibility to monitor and regularly check all activity on your Sub-accounts.
10.4 Closing a Sub-account. You can close your Sub-account(s) at any time by contacting Customer Support using the chat or close account feature in the App. If your Sub-account User has a full HyperJar account at the time, you may agree to transfer the balance of any electronic money, HyperJarVouchers and the related rewards or other rewards with merchants (subject in each case to the applicable terms of your contract with the merchant), from the Sub-account to your Sub-account User’s new account. If your Sub-account User does not have their own account, or you have not agreed that the balance of any electronic money, HyperVoucher and related rewards or other rewards may be transferred, those balances will be transferred from the Sub-account to your account and the Sub-account will be closed.
11. CHANGES TO THESE TERMS
11.1 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 24, or by giving us written notice, during the notice period.
11.2 Immediate changes. We may also make some changes immediately, without notice, if they:
11.3 If you don’t agree to changes You and your Sub-account Users should stop using the App and any HyperJar cards associated with your HyperJar account. If you or any of your Sub-account Users keep using the App or HyperJar card(s) from the effective date of any new terms, we will consider you have accepted the change.
12. HYPERJAR FEES
12.1 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.
12.2 We reserve the right to charge fees for withdrawing cash at ATMs. HyperJar reserves the right to charge a fee for cash withdrawals. The applicable fees and limits associated with your HyperJar account and the App are set out here.
13. LOADING MONEY INTO YOUR HYPERJAR ACCOUNT
13.1 £ 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.
13.2 Paying in. You can load electronic money into your HyperJar account by depositing 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.
13.3 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 25 and our right of reversal. If we exercise our rights under section 25, 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 14.2.
13.4 Paying into a Sub-account. To top up your Sub-account(s) you must have electronic money in your HyperJar account. You can then move this electronic money into the Sub-account. Your Sub-account User(s) cannot top up the Sub-account – this can only be done by you or by a transfer from another HyperJar user or a gift transfer outlined in section 14.1.
14. MAKING PAYMENTS, TRANSFERS AND WITHDRAWALS
14.1 Sufficient funds. You (or your Sub-account User) must have enough funds to cover the full amount of any payment, transfer, or withdrawal. We may decline any instruction if your HyperJar account or Sub-account does not have sufficient advance payments or electronic money, if you or your Sub-account User(s) exceed any applicable limits, or in accordance with section 22.
14.2 Obligation to repay. There cannot be a negative balance in your HyperJar account or any of your Sub-accounts. Some transactions that take your HyperJar account or your Sub-account(s) 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, including any Sub-account(s). 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.
14.3 Confirming and cancelling. You (or your Sub-account User if permitted by you) successfully complete device and App security and follow the steps in the App to make payments, transfers and withdrawals. You (or your Sub-account User) will be prompted in the App to confirm the details of the payment, transfer or withdrawal and once confirmed you cannot cancel your instruction. You can also use your HyperJar card and PIN instore and online to make payments, as noted in section 9.2.
14.4 Deduction of funds. We will deduct the amount of your payment, transfer, or withdrawal immediately. If you are making an advance payment to a participating merchant, transferring electronic money to another registered HyperJar user, or using your HyperJar card to pay for goods or services online or in-store, we will credit this amount to the merchant or HyperJar user as soon as possible.
14.5 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.
14.6 Additional methods. We may add additional methods of withdrawing, or stop offering existing methods, at any time.
15. RECEIVING TRANSFERS
15.1 Receiving transfers. You can receive a transfer into your HyperJar account (or your Sub-accounts) from another registered HyperJar user, or from any third party that sends you or your Sub-account User electronic money through our website. We will credit your account (or Sub-account) with any such transfer (whether it is a transfer of electronic money or HyperVoucher) as soon as possible, subject to our right of reversal.
15.2 Deductions. You agree that we may need to deduct any transfer you receive if:
16. SHARING JARS
16.1 Sharing Jars. When you create a Jar in your HyperJar account you are the Jar Owner. As a Jar Owner you can decide to share your Jars. When you do this, you become the Shared Jar Owner and the people you share the Jar with become Shared Jar Members. You can allow Shared Jar Members that you have given permission to, to:
You may also permit Shared Jar Members to link their HyperJar card to the Jar and spend some, or all, of either the electronic money or the advance payment and any accrued discounts and rewards in the Jar (as applicable).
16.2 Shared Jar permissions. If you permit Shared Jar Members to access and share your Jars, you can set certain permissions for each Shared Jar Member, including:
16.3 You acknowledge. If you permit Shared Jar Members to access your Jars you acknowledge and agree that:
16.4 Shared Jar funds, Shared HyperVouchers and Rewards ownership. Any electronic money, HyperVouchers, cashback or any other type of reward in a Shared Jar will belong to the Shared Jar Owner. You acknowledge that if you transfer your electronic money, HyperVoucher, cashback or any other type of reward or advance payment to a Jar owned by another HyperJar user:
16.5 Limits and controls. Any limits or restrictions applicable to Jars that you open in your HyperJar account also apply to any Jars that you elect to share. These limits are not increased when you share your Jar.
17. COLLECTION JARS
17.1 Collection Jars. A Collection Jar is a special type of Shared Jar, owned by one Collector, that will receive money from Contributors who may or may not be HyperJar customers. If you set up a Collection Jar and act as a Collector, you acknowledge that:
18. KEEP YOUR ACCOUNT AND CARD SAFE
18.1 Keep your HyperJar account safe. Always keep your device, your HyperJar card, card number, CVV, and PIN, and the passcode to your HyperJar account, safe and secure. You must explain to your Sub-account User(s) the importance of keeping their HyperJar card, card number, CVV and PIN safe and secure. Do not write down or tell anyone your PIN or passcode, and do not share your HyperJar card, or allow anyone else to access your HyperJar account. You should discuss these measures with your Sub-account User(s) as well. Please see our FAQs for more detail of how to keep your account safe.
18.2 Compromised account. Contact us if you suspect your HyperJar account or your Sub-account may be compromised using the chat feature in the App or on our website immediately (and freeze your HyperJar account) if:
18.3 Compromised card. Contact us if you suspect your or your Sub-account User(s) HyperJar card may be compromised or if your or their HyperJar card is lost, stolen, used without your authorisation or otherwise compromised, or someone else finds out the PIN, you must as soon as possible:
18.4 Check transactions regularly. All your transactions and any Sub-account transactions 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 22.7). 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:
18.5 You and your Sub-account Users must not misuse our App:
19. YOUR LIMITED LICENCE TO USE THE APP
19.1 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 (and your Sub-account User in relation to the Sub-account) the right (a personal, revocable, non-transferable, non-sublicensable and non-exclusive licence) to use the App to access our Services provided you comply (and ensure your Sub-account User(s) comply) with these Terms and any applicable rules of the app store provider or operator (App Store and Google Play).
19.2 We remain the owners of the App. You (and your Sub-account User in relation to the Sub-account) do not have any right to our Services, including the App, other than to use them in accordance with the licence granted in section 19.1. Except as allowed by law or by HyperJar, you and your Sub-account User(s) 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.
20. ABOUT THE APP
20.1 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 and your Sub-account Users may not be able to use the App until you (or they) have installed the updated version and accepted any new terms.
20.2. 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.
21. WHAT ABOUT OTHER PEOPLE’S RIGHTS?
21.1 Third-party rights. We respect other people’s rights and expect you to do the same. You and your Sub-account Users 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.
21.2 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 and your Sub-account Users 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.
22.1 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.
22.2 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.
22.3 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.
22.4 Your liability to us. You will be responsible to us for any loss or damage we suffer that is a foreseeable result of you or your Sub-account User(s) 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 or your Sub-account User(s) breach of these Terms or any applicable law, or your or your Sub-account User(s) use or misuse of our Services.
22.5 Neither of us will be liable to the other for:
22.6 Deducting money from your account. We can deduct money from your HyperJar account if you or your Sub-account User 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.
22.7 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:
23.1 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, Sub-account(s) 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.
23.2 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.
24. HOW TO CLOSE YOUR ACCOUNT
24.1 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 and your Sub-account User(s) owe us before you close your account. We will terminate your HyperJar account and any Sub-accounts and the HyperJar card(s) and transfer any remaining electronic money in your HyperJar account to your chosen UK bank account. As part of closing your account you must destroy any physical cards you or your sub-account holders have. You may be liable for any transactions that take place on your or your Sub-account physical cards after your account is closed.
24.2 Withdraw your funds. If you still have electronic money in your HyperJar account or Sub-account(s) when you close your account:
24.3 Advance payments. Any advance payments that have been committed to a merchant cannot be returned unless stated otherwise in any cancellation right stated in the applicable merchant offer terms. You or your Sub-account User(s) must spend any such advance payments at that merchant (or you must transfer the value of them to another HyperJar user) before you close your account.
24.4 Rewards will expire. Any rewards you or your Sub-account User(s) have accrued with a participating merchant or with HyperJar, but not redeemed, cannot be transferred unless stated otherwise in the applicable offer terms, and will expire when your HyperJar account is closed.
24.5 HyperVouchers. The balance of any HyperVouchers in your account must be redeemed or transferred to another HyperJar user before you close your account otherwise you will lose those funds.
25. WHEN WE CAN SUSPEND, CLOSE OR BLOCK YOUR ACCOUNT
25.1 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.
25.2 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, any Sub-account and the HyperJar card(s) immediately at any time, or block any transactions, if:
25.3 Unclear instruction. We may also block any transaction if the instructions are unclear, incomplete or contain an error.
25.4 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.
25.5 Registered but not activated. If you have registered for, but not activated or used, your HyperJar account, Sub-account(s) 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.
25.6 Account inactivity. If you do not use your HyperJar account or Sub-account (s) 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:
25.7 When these Terms end you and your Sub-account User(s) 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 and your Sub-account User(s) device.
26. WHAT ELSE DO I NEED TO KNOW?
26.1 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 24.
26.2 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.
26.3 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.
26.4 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.
“Business Day” means a day other than a Saturday, Sunday or public holiday in England when banks are open for business in London.
“Shared Jar Member” means a registered HyperJar user that has been given permission by a Shared Jar Owner (the person who created the Jar) to access and share a Jar that the Shared Jar Owner has opened under their account, as stated in section 16.
“Shared Jar Owner” means a registered HyperJar user that shares a Jar they are the owner of, as stated in section 16.
“HyperVoucher” an advance payment made to a merchant partner. A HyperVoucher is transferable to another Users and may have associated rewards linked to it.
“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.
”Collection Jar” is type of Shared Jar owned by one Collector that will receive money from Contributors who may or may not be HyperJar customers.
”Collector” means the owner of a Collection Jar used to gather money from others for an agreed purpose.
“Contributors” are people who pay money into a Collection Jar.