1. THESE TERMS
By using your Hyperjar account to make an advance payment to notonthehighstreet (which is when you allocate funds into your notonthehighstreet jar on the HyperJar app to be used on www.notonthehighstreet.com) you agree to these terms (‘Terms’) applying between you and notonthehighstreet. Please read these terms carefully before opening a notonthehighstreet jar. Nothing in these terms excludes your legal rights.
How A Contract Is Formed
A separate contract between you and notonthehighstreet is created for each advance payment you make to your notonthehighstreet jar (and the rewards that are related to that advance payment).
2. OTHER APPLICABLE TERMS
If you choose to purchase any good or services on www.notonthehighstreet.com you agree that the shopper terms apply which are available at https://www.notonthehighstreet.com/about/shopper-terms.
Should you have any problems with the goods or services you receive when you redeem your advance payments or pay for goods services using your HyperJar card (described below), notonthehighstreet standard returns policy will apply. This can be found at https://info.notonthehighstreet.com/hc/en-us/sections/360000508654-Returns-Cancellations
Of course, your day-to-day usage of the HyperJar app is governed by the terms and conditions you agreed to with HyperJar when signing up or as updated from time to time and available within the Account section of the Hyperjar app.
3. WHO NOTONTHEHIGHSTREET ARE AND HOW TO GET IN CONTACT
3.1 notonthehighstreet means NOTONTHEHIGHSTREET Enterprises Ltd, a company registered in England and Wales with its registered office at 63 Kew Road, Richmond, Surrey, England TW9 2NQ and company number 05591382.
3.2 How to Get in Contact. If you have any questions on the offers you can contact notonthehighstreet by emailing firstname.lastname@example.org For questions on goods and services offered on notonthehighstreet, please contact notonthehighstreet using the “Contact Us” section on www.notonthehighstreet.com.
4. NOTONTHEHIGHSTREET’S RELATIONSHIP WITH HYPERJAR
notonthehighstreet uses HyperJar to:
- display offers in the HyperJar app and show any rewards earned or accrued on any amounts you allocate to a notonthehighstreet jar or any other offers notonthehighstreet chooses to provide to you from time to time; and
- to act as an agent to manage the collection, holding, processing and settlement of your advance payments to notonthehighstreet and the redemptions and payments you make to notonthehighstreet using your HyperJar payment card at https://www.notonthehighstreet.com/
5. NOTONTHEHIGHSTREET RESPONSIBILITIES
notonthehighstreet is the promoter and operator of any offers related to a notonthehighstreet jar.
notonthehighstreet has responsibility for:
- what the offer is on any advance payment you make to a notonthehighstreet jar
- any questions on these terms and conditions;
- honouring the advance payments you make (and the redemption of any related rewards) by allowing you to use your HyperJar payment card to purchase goods and services from https://www.notonthehighstreet.com/
However, your day-to-day usage of the HyperJar app is Hyperjar’s responsibility and any problems you experience with the HyperJar app lie with HyperJar.
If an offer includes any pricing information, any prices stated will clearly specify all applicable taxes, duties and delivery charges that may apply.
6. ELIGIBILITY CRITERIA
In order to use any funds in a notonthehighstreet jar on the notonthehighstreet website (and any associated rewards) , you must:
- be a Hyperjar accountholder; and
- hold a current, valid HyperJar payment card.
notonthehighstreet reserves the right to withdraw the notonthehighstreet jar and any offers on such jar, acting reasonably, at any time, and to decline to accept any further advanced payments from you. For example, if notonthehighstreet believes there is fraudulent activity in relation to the redemption of offers, it can withdraw those offers to prevent fraudulent activities from taking place.
7. OFFER LIMITS
notonthehighstreet can impose limits on the offers they promote via HyperJar. These are made known to you before you make an advance payment and, by making an advance payment, you agree to those limits. The limits specified have the following meanings:
- Minimum Advance Payment Amount: this is the minimum value of a single advance payment that you can make into your notonthehighstreet jar. Your advance payment must be equal to or higher than this value.
- Maximum Total Amount: this is the maximum amount of advance payment you can have in your notonthehighstreet jar at any one time. You will need to redeem some of your balance before you can make any further advance payments into your notonthehighstreet jar.
8. USAGE RESTRICTIONS
Due to technical limitations on the HyperJar app you CANNOT spend (redeem) the advance payments you have made to notonthehighstreet (or any related rewards) for a notonthehighstreet gift card or at a notonthehighstreet pop up store.
If you choose to pay for any goods or services for a gift card or at a notonthehighstreet pop up store and you use your HyperJar card, the payments will be taken from your active electronic money jar (i.e. your general jar) in your HyperJar account and NOT from your notonthehighstreet jar.
When you spend (redeem) your advance payments and any related rewards (a “Redemption”) the rewards you have earned will be used in respect of the payment first, followed by the advance payment amount you have paid in your notonthehighstreet jar and then, if enabled by you, funds from your active electronic money jar in your HyperJar account.
If a full or partial refund is made of any such Redemption then, within 72 hours of processing the refund, the order will be reversed so that your electronic money used (if any) in your active electronic money jar will be credited first, followed by the advance payment, and finally the reward element.
10. FAILURES OUTSIDE OF OUR CONTROL
We are not responsible for failures outside our control. If notonthehighstreet fails to carry out its obligations because of an event outside of its control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of this on you. Provided we do this we will not be responsible for any losses you suffer.
11. YOUR RIGHTS TO END THIS CONTRACT
To end this contract, you simply need to spend the balance in your notonthehighstreet jar. Once the jar is empty, there is no obligation on either party to enter into another contract.
12. OUR RIGHTS TO END THIS CONTRACT
We can, at any time, require that you spend any balance in your notonthehighstreet jar within 90 days to receive the rewards associated with the notonthehighstreet jar. If you do not spend the balance within the 90 days, any balance will be refunded (without awards) to your active electronic money jar in your HyperJar account.
13. WHAT WE ARE RESPONSIBLE FOR
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
As we have no control over the HyperJar app, we are not responsible for any losses that you suffer from using the HyperJar app. Any claims for losses would lie with HyperJar, the operator of the HyperJar app.
14. OTHER IMPORTANT TERMS
14.1 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
These terms were last updated on [27/06/2019]