Terms and Conditions
This policy was last updated on: 12th August 2020
- THESE TERMS
1.1 By downloading and using the HyperJar app (‘App’) 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 issue you with a prepaid HyperJar card for your own use. If you request a child sub-account, a separate HyperJar card will be issued for use by your child. You will be fully responsible for: (i) your child’s use of the sub-account and HyperJar card; (ii) your child’s compliance with these Terms; and (iii) ensuring that your child does not use the HyperJar card for any purpose where he or she is younger than the minimum age limit for the goods or services they purchase. You must explain to your child how to use his or her sub-account and HyperJar card in accordance with these Terms. These Terms will be solely and exclusively between you and us.
- WHO WE ARE AND HOW TO CONTACT 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 55 Baker Street, London, W1U 8EW and company number 10130583.
2.2 How to contact us. You can contact us by:
- using the chat feature in the App or on the website
- via social media platforms such as WhatsApp
- emailing us at: firstname.lastname@example.org
- sending mail to us at HyperJar, 55 Baker Street, London, W1U 8EW.
2.3 How we will contact you. We’ll contact you through the chat feature in 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, child sub-account(s), HyperJar card(s), or any suspected or actual fraudulent use of your HyperJar account, child sub-account(s) or HyperJar card(s), 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 child’s) use of our Services and should be read in conjunction with these Terms:
- Modulr Introduced Client Terms of Business. These govern the usage of the Electronic Money Account that is issued to you as part of this agreement and can be reviewed
- acceptable use policy – this sets out restrictions relating to our Services
- FAQs - answers to common questions and how to guides.
2.5 How to get a copy of these Terms. You can always see the most current version of these Terms in the App or on our website www.hyperjar.com. You can download a copy of these Terms 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.
- WHO CAN HAVE A HYPERJAR ACCOUNT?
3.1 Age restrictions. You must be at least 16 years old, resident in the UK, and have a UK bank account 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 13) or child-sub accounts (see section 7).
- USING YOUR HYPERJAR ACCOUNT – ELECTRONIC MONEY
4.1 You can use your HyperJar account to:
- hold, send or receive electronic money;
- pay bills with certain participating merchants using electronic money;
- make advance payments by committing them to participating merchants (as set out in sections 5 and 13).
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 One Hammersmith Broadway, London, W6 9DL, UK and company number 09897957. 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 and enters into these Terms with you to distribute and redeem electronic money on behalf of Modulr.
4.3 Electronic money:
- will not expire, except when you close your HyperJar account – see sections 20.2 and 21.6 for more details;
- will not earn any interest or rewards;
- can be withdrawn at any time subject to certain conditions – see section 11 for more details;
- will belong to the person that is registered as the holder of the HyperJar account. This means that you are the owner of any electronic money in your child’s sub-account.
4.4 Your HyperJar card. A prepaid contactless HyperJar card is linked to your HyperJar account for your use and, if appropriate, your child’s use if you have applied for any child sub-accounts. The HyperJar card is issued to you under these Terms by CashFlows Europe Limited (‘CashFlows’) pursuant to a licence from Mastercard International Incorporated. CashFlows is registered in England and Wales with its registered office at CPC1, Capital Park, Cambridge, CB21 5XE and company number 5428358. CashFlows is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (register reference 900006).
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 CashFlows 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 child sub-accounts are not a bank account and is not covered by the FSCS. Any electronic money in your HyperJar account may be at risk if Modulr becomes insolvent. Please see our FAQ’s on how we protect your money.
4.7 Limits. There are limits that apply to your use of your HyperJar account and HyperJar card, including any sub-accounts and we also place restrictions on certain transactions, including how often and where you 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.
- USING YOUR HYPERJAR ACCOUNT – ADVANCE PAYMENTS
5.1 Paying in advance. Using your HyperJar account you can pay participating merchants in advance for goods and services that they will provide to you at a later date. In return for committing this advance payment to a merchant, merchants will provide rewards and discounts to you. You can also permit a Group Jar Member to commit an advance payment to a jar you have opened as a Group Jar Owner with a participating merchant as noted in section 13.
5.2 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 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 advance payment. Your contract is only with the participating merchant.
5.3 The merchant is the promoter and operator of its offers. In the explore 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 the goods or services it provides. You need to agree to a participating merchant’s terms and conditions when you commit an advance payment to a jar with that merchant. Each advance payment committed by you to the merchant creates a separate contract between you and the merchant.
5.4 Merchant responsibility for advance payments. The merchant is responsible for any advance payments committed to them. The merchant has sole responsibility to honour such advance payments by allowing you and your permitted Group 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 or your Group Jar Member(s) have prepaid to the merchant as full or part payment for goods of services that the merchant will provide in the future - they are not regulated or protected as electronic money. Please see our FAQ’s on how we protect your money.
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 or to transfer them to another participating merchant. Rewards (and the right to accrue rewards) cannot be transferred to another HyperJar account. You may be able to transfer some or all of your advance payments that have been committed to a merchant to another HyperJar user that wishes to have an advance payment with that merchant. There is no marketplace for transfers of advance payments; you are solely responsible for finding another user who agrees to take part in such a transfer. HyperJar has no responsibility or liability to assist you to find someone to transfer the advance payment to and does not guarantee:
- that any other HyperJar user will want to receive the transfer;
- that you will be able to find another HyperJar user to receive the transfer; or
- the amount of any compensation that another HyperJar user may pay you for the transfer, if any.
5.6 How to make an advance payment. You can make advance payments to a participating merchant by topping up your HyperJar account first (if necessary) and then committing money to that merchant. A Group Jar Member may also make advance payments as noted in section 13.
- ABOUT THE HYPERJAR CARD
6.1 The HyperJar card is a prepaid card. It is not a guarantee card, charge card, debit or credit card. You can activate the HyperJar card and any child cards by following the instructions in the App.
6.2 Your (or your child’s) spend. You spend Advance payments committed to a participating merchant, and redeem any accrued discounts and rewards, by using the HyperJar card and PIN in store and online. You can also use the HyperJar card and PIN (as required) to access any electronic money in your HyperJar 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.
6.3. 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 child’s HyperJar card, card number or PIN constitutes your authorisation and consent to a transaction.
6.4 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 in the last six months and have a positive balance of advance payments with merchants or any electronic money.
6.5 Replacement HyperJar card. If you or your child do not receive a replacement card and want to continue using the HyperJar account you 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. A fee may apply for replacing your HyperJar card - see here. After 6 years of inactivity your HyperJar account will be deleted and you will need to apply again if you want to use the Services.
- CHILD SUB-ACCOUNTS
7.1 You may open child sub-accounts. You may open a sub-account in your HyperJar account for your child and obtain a HyperJar card associated with this sub-account if your child is between 6 to 18 years old. A child under 16 cannot apply for a HyperJar account or a HyperJar card themselves. When you register your child for a sub-account, you will need to provide his or her full name and date of birth. We may ask you to provide proof of age for your child. The HyperJar card and sub-account will be in your child’s name and is not transferable. Child HyperJar cards will be sent by post to the main HyperJar account address. You or your child cannot allow anyone else to operate your child’s sub-account or use his or her HyperJar card. You cannot open more than 6 sub-accounts (e.g. a maximum of 6 children). For more information about child sub-accounts and how to set them up see our FAQs.
7.2 Limits and controls. Any limits or restrictions applicable to your HyperJar account also apply to any child 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 child’s use of the sub-account. We also place restrictions on the HyperJar card used for a child sub-account so that it cannot be used with certain adult merchants. For more information about the applicable limits and controls see our FAQs.
7.3 Notifications and monitoring. You will be able to see all activity on your child’s sub-account in your App in real time, including any notification. It is your responsibility to monitor and regularly check all activity on your child’s sub-account.
7.4 When your child turns 18. You agree that we can contact you when your child turns 18. Your child will need to upgrade to a full HyperJar account within 30 days of his or her birthday. If your child successfully upgrades by this time, you may agree to transfer the balance of any electronic money or any advance payments and the related rewards with merchants from the sub-account to your child’s new account. If your child has not successfully upgraded within 30 days, or you have not agreed that the balance of any electronic money or any advance payments and related rewards with merchants may be transferred, those balances will be transferred from the sub-account to your account and the sub-account will be closed.
- 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 20, 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:
- are required by law (we’ll give you as much notice as reasonably possible);
- relate to the addition of a new service or extra functionality of the App or our Services and do not affect terms relating to the existing Services.
8.3 If you don’t agree. If you do not want to agree to the new terms and conditions you should stop using the App and any HyperJar cards associated to your Account beyond the effective date of the new terms. If you keep using the App this date, we will consider you have accepted the change.
- HYPERJAR FEES
9.1 Free App. The App is free to download and HyperJar does not charge fees for using the HyperJar account. Some merchants may charge you a fee for using your HyperJar card. Any applicable fees charged by HyperJar regarding the HyperJar account and HyperJar card are set out here.
- 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 your 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 when we receive your money. We will credit your account as soon as possible, subject to our rights set out in section 21 and our right of reversal. If we exercise our rights under section 21, 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.
10.4 Paying into a child sub-account. To top up your child’s sub-account you must have electronic money in your HyperJar account. You can then transfer this electronic money into the sub-account. Your child cannot top up the sub-account – only you can do this.
10.5 Chargebacks: If the method of loading your HyperJar account gives you chargebacks rights (e.g. if you could ask your bank to reverse a transaction from your bank account) you agree you will only exercise this chargeback right if:
- we have broken these Terms; or
- there has been an unauthorised use of the bank account used to load your HyperJar account.
You agree that you will not exercise your chargeback right for any reason that we are not responsible for, such as any dispute you have with a merchant.
- MAKING PAYMENTS, TRANSFERS AND WITHDRAWALS
11.1 Sufficient funds. You must have enough funds to cover the full amount of any payment, transfer, or withdrawal made on your account. We may decline any instruction if your HyperJar account does not have sufficient advance payments or electronic money, if you exceed any applicable limits, or in accordance with section 21.
11.2 Obligation to repay. There cannot be a negative balance in your HyperJar account or your child’s sub-account. Some transactions that take your HyperJar account or your child’s sub-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, including and child sub-accounts. 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 enter the passcode and follow the steps in the App to make payments, transfers and withdrawals. You 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 6.2.
11.4 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, or transferring electronic money to another registered HyperJar user, we will credit this amount to the merchant or HyperJar user 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.
11.7 Unregistered users. If you transfer electronic money or an advance payment from your HyperJar account to an unregistered user, they will need to claim the transfer in the way we instruct and register for a HyperJar account before we can credit the transfer. Until this time the transfer will still belong to you and we will refund you if the person does not claim the transfer (for example if they fail our registration process, or do not claim it within the notified time limit).
- RECEIVING TRANSFERS
12.1 Receiving transfers. You can receive a transfer into your HyperJar account from another registered HyperJar user, or from any third party that sends you a gift of electronic money through our website. We will credit your account with any such transfer (whether it is a transfer of electronic money or a transfer of an advance payment) as soon as possible, subject to our right of reversal.
12.2 Deductions. You agree that we may need to deduct any transfer you receive if:
- the sender, or any relevant payment services provider, reverses the transaction;
- the sender made the transfer by mistake; or
- we exercise our rights under section 21.
- SHARING JARS
13.1 Sharing jars. As a Jar Owner you can set permissions on jars that you open in your HyperJar account to enable you to share those jars. When you do this you become the Group Jar Owner and the people you share the jar with become Group Jar Members. You can allow Group Jar Members that you have given permission to, to:
- in the case of an electronic money storage jar, transfer electronic money into the jar;
- in the case of a jar you have opened with a participating merchant, commit an advance payment into the jar. As provided in section 5, any contract in relation to the advance payment committed to your jar by a Group Jar Member is between the Group Jar Member and the merchant, and not HyperJar.
You may also permit Group 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).
13.2 Shared jar permissions. If you permit Group Jar Members to access and share your jars, you can set certain permissions for each Group Jar Member, including:
- if they can spend from the jar and, if so, how much they can spend; and
- what information they can see within the jar.
13.3 You acknowledge. If you permit Group Jar Members to access your jars you acknowledge and agree that:
- Group Jar Members have the authority to spend from the jar up to the limit you have set for them, which may be more than the amount of electronic money that they have transferred to the jar or the amount of the advance payment that they have committed to the jar;
- we will deem any transfers into and out of the jar to have been authorised by you;
- we will rely on the authority you have granted to these Group Jar Members, and you will be bound by their actions, until you cancel or otherwise change their access to the jar in the App;
- we may refuse access to a Group Jar Member if we are concerned about unauthorised or fraudulent access; and
- we have no responsibility or liability in the event of any dispute between you and any Group Jar Members that you have permitted to access your jar: you do so at your own risk.
13.4 Shared Jar funds ownership. The electronic money in a shared storage jar, or the balance of advance payments and any accrued discounts and rewards in a shared jar with a participating merchant (as applicable), will belong to the Group Jar Owner. You acknowledge that if you transfer your electronic money, or commit an advance payment, to the jar of another HyperJar user:
- we will no longer consider the funds to be yours;
- any electronic money or the balance of advance payments and any accrued discounts and rewards in the jar may be transferred by the owner of the jar to another jar, to another jar with the participating merchant, or to another HyperJar user’s jar (as noted in section 5.5), that in each case you may not have permission to spend from. You are not able to make such transfers yourself;
- the electronic money or the balance of advance payments and any accrued discounts and rewards in the jar may be spent by the owner of the jar, or by other Group Jar Members that they have allowed to access the jar and this may prevent you from spending it yourself (even if you have permission to do so);
- you will not be able to access any electronic money or balance of advance payments and any accrued discounts and rewards in a shared jar (including any transferred or committed by you) if you do not have permission to spend from the jar, or this permission is removed or limited by the Group Jar Owner at any time; and
- HyperJar has no responsibility or liability in the event of any dispute between you and the Group Jar Owner or any other Group Jar Member. You agree to be a Group Jar Member, transfer electronic money and commit advance payments at your own risk.
13.5 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.
- KEEP YOUR ACCOUNT AND CARD SAFE
14.1 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 child 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. Please see our FAQs for more detail of how to keep your account safe.
14.2 Compromised account. Contact us if you suspect your HyperJar account or your child’s sub-account may be compromised using the chat feature in the App immediately (and freeze your HyperJar account) if:
- you think your HyperJar account or child’s sub-account may be used without your authorisation or is otherwise compromised (for example, if your device is lost or stolen); or
- someone else finds out the passcode for your HyperJar account.
14.3 Compromised card. Contact us if you suspect your or your child’s HyperJar card may be compromised or if your 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:
- block the HyperJar card(s) from use in the App; and
- contact us using the chat feature in the App to arrange for a replacement.
14.4 Check transactions regularly. All of 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 18.7). 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:
- you or your child have broken these Terms;
- you or your child gave us incorrect instructions for the transaction (we may reasonably assist you to recover the funds, where possible, but do not guarantee that this would be successful); or
- any losses are not the direct result of our action.
14.5 You must not misuse our App:
- don’t try to access the App using a method other than the interface and the instructions that we provide, for example by using automated means without our permission (including harvesting bots, robots, spiders, or scrapers);
- don’t do anything that could disrupt, disable, overburden, or damage the App, such as a denial of service attack; and
- don’t upload viruses or other malicious code.
- YOUR LIMITED LICENCE TO USE THE APP
15.1 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).
15.2 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 15.1. Except as allowed by law or by HyperJar, 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.
- ABOUT THE APP
16.1 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.
16.2. 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.
- WHAT ABOUT OTHER PEOPLE’S RIGHTS?
17.1 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, trade mark or other intellectual property rights or otherwise breaks any applicable law.
17.2 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.
18.1 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.
18.2 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.
18.3 We will not be liable or responsible:
- for any act or omission of a participating merchant, including a participating merchant failing to honour an offer or reward;
- for the advance payments committed to a participating merchant;
- for the goods or services purchased with your HyperJar card(s);
- for any content or advertising material in the App that is provided by participating merchants. Participating merchants are responsible for ensuring all of their content is accurate and lawful;
- if any retailer (not just a participating merchant) fails to accept the HyperJar card payment;
- if you or your child have misused your HyperJar account, sub-accounts, or HyperJar card(s) or acted fraudulently;
- for any business losses. If you use the App for any commercial or business purposes we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;
- if for any reason our Services are unavailable at any time; or
- for websites or apps linked to, and from, our website, including any content on them.
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 CashFlows respectively: HyperJar will not be liable for their acts or omissions.
18.4 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 child 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 child’s breach of these Terms or any applicable law, or your or your child’s use or misuse of our Services.
18.5 Neither of us will be liable to the other for:
- any loss or damage that is not foreseeable;
- any loss or damage that is not the direct consequence of your or our respective act or omission; or
- things that are outside of your or our respective reasonable control.
18.6 Deducting money from your account. We can deduct money from your HyperJar account if you or your child owe us money. You agree that we have the right to deduct from the electronic money in your HyperJar account any amounts that you owe us from time to time. If you do not have enough electronic money in your account to repay the amount you 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.
18.7 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:
- where any of the following are lost, stolen or used without your authorisation: your device, your HyperJar account or any sub-accounts, or its passcode, the HyperJar card(s) or PIN. You will be liable for the first GBP £35 of any unauthorised payments if we believe you should have been aware of the loss, theft or unauthorised use. We will not hold you liable for the first GBP £35 if the unauthorised payment was caused either by our act or omission, or those of a third party expressly carrying out activities on our behalf. Your liability for the first GBP £35 also does not apply to any unauthorised transactions made after you have notified us (using the details we’ve given you) that your HyperJar account or HyperJar card may have been compromised;
- if you or your child have acted fraudulently, in which case we will not refund you in any circumstances;
- if you do not promptly notify us of security issues (for example loss of your HyperJar card), you will be liable for any losses you incur up to the time you notify us;
- if you or your child have with intent or gross negligence compromised the security of your HyperJar account or HyperJar card or failed to comply with your obligations to use them in accordance with these Terms. In these cases you will be solely liable for all losses; or
- if you don’t let us know about the unauthorised or incorrect transaction within 13 months from the date of the transaction.
19.1 Merchant complaints. If your dispute or complaint is in relation to a participating merchant’s offer, or goods or services you purchased from a participating merchant or any other retailer with your HyperJar account, child 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.
19.2 HyperJar complaints. If you have a complaint about the HyperJar Services, please contact us using our customer complaint procedure. 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.
- HOW TO CLOSE YOUR ACCOUNT
20.1 Closing your account. You can close your HyperJar account at any time by contacting Customer Support using the chat 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 sub-accounts and the HyperJar card(s) and transfer any remaining electronic money in your HyperJar account to your chosen UK bank account.
20.2 Withdraw your funds. If you still have electronic money in your HyperJar account or child sub-accounts when you close your account:
- you should withdraw the electronic money in accordance with section 11 either before you close the account, or within a reasonable period of time following its closure;
- we will maintain your account for 6 years from the date of closure and you can contact us to withdraw the electronic money during this time. At the end of the 6-year period we will donate any remaining unclaimed electronic money to a charity of our choice.
20.3 Advance payments. Any advance payments that have been committed to a merchant cannot be returned. You or your child 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, otherwise you will lose all of these funds.
20.4 Rewards will expire. Any rewards you or your child have accrued with a participating merchant, but not redeemed, cannot be transferred and will expire when your HyperJar account is closed.
- WHEN WE CAN SUSPEND, CLOSE OR BLOCK YOUR ACCOUNT
21.1 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.
21.2 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 immediately at any time, or block any transactions, if:
- we suspect criminal activity on your account or child sub-account, or that your account or child sub-account is being used fraudulently;
- you receive funds from other HyperJar accounts that we suspect are being used fraudulently;
- we reasonably believe you or your child are in breach of applicable law;
- we are legally required to do so;
- we reasonably believe you or your child have broken these Terms or gone over any applicable limits;
- you have given us false information;
- you or your child have been abusive to anyone at HyperJar;
- you have not accepted changes to these Terms;
- we suspend or stop all, or part of, the Services;
- we have reasonable concerns about the security, or unauthorised use, of your HyperJar account, sub-account (including any jar you have shared with a Group Jar Member) or the HyperJar card(s); or
- your HyperJar account or any child sub-account has a negative balance and you haven’t repaid the amount owing to us.
21.3 Unclear instruction. We may also block any transaction if the instructions are unclear, incomplete or contain an error.
21.4 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.
21.5 Registered but not activated. If you have registered for, but not activated or used, your HyperJar account, child sub-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 to be able to use it.
21.6 Account inactivity. If you do not use your HyperJar account or child 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 or 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 and spend any such advance payments (or transfer the value of them to another HyperJar user) and use any rewards you have accrued with the relevant participating merchant during this time. At the end of the 6 year period:
- we will close your account if it is still inactive and donate any remaining unclaimed electronic money to a charity of our choice;
- you will lose any remaining advance payments committed to a merchant, as set out in sections 20.3 and 20.4; and
- any rewards you or your child have accrued, but not redeemed, will expire.
21.7 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.
- WHAT ELSE DO I NEED TO KNOW?
22.1 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 20.
22.2 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.
22.3 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.
22.4 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.
“Group Jar Member” means a registered HyperJar user that has been given permission by a Group Jar Owner to access and share a jar that the Group Jar Owner has opened under their account, as stated in section 13.
“Group Jar Owner” means a registered HyperJar user that shares a Jar they are the owner of, as stated in section 13
“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.