Debit Card Terms & Conditions - Everup

Electronic Money Account & Debit Card Terms & Conditions

Last Updated: 28/07/2022

1. Who we are

We are EverUp Limited, a company registered in England under company number 12462608, with its registered address at Arquen House, 4-6 Spicer Street, St. Albans, England, AL3 4PQ (referred to in these terms of service as “everup” “we,” “us” and “our”). We operate the website www.everup.uk and associated mobile applications and online services (collectively referred to as the “Services”).

We are   registered as an EMD agent of Modulr FS Limited, which is an electronic money institution authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (FRN: 900573) for the issuing of electronic money and payment services (“Partner Institution“). As an EMD agent of Modulr, EverUp Ltd is entered on the Financial Services Register with reference no. 902939.

2. Our agreement with you

2.1. Please read these terms of service (and the documents that we refer to in them) carefully before you use any part of our Services. They contain important information about your legal rights and obligations. By accessing or using our Services, you confirm that you accept and agree to comply with all of the following:

  1. a)  these terms of service;
  2. b) the General Terms & Conditions (the “General Terms & Conditions”, which you can read here);
  3. c) our competition rules (the “Competition Rules”, which you can read here).

2.2. Together, these documents are referred to as these “Terms” and they form the entire agreement between us and you. If there is any conflict, ambiguity or inconsistency between the Terms, these will take precedence in the order in which they are listed in paragraph 2.1 above. You must not use our Services if you do not accept these Terms.

2.3 In order for you to access and use the Services, we will need to collect and process your personal information. We will do so in accordance with our privacy policy (the “Privacy Policy“, which you can read here). Please read this Privacy Policy carefully as it contains information about your privacy rights, including your right to object to our processing in certain circumstances.

2.4. If you have any questions about these Terms, you can contact us at  support@everup.uk

3. Understanding these Terms

3.1. When certain words and phrases are used in these Terms, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters, even if they are not at the start of a sentence. Where a defined term is used, it has the meaning set out below or that is given to it in the section of these Terms where it has been defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

  • Applicable Laws – means all applicable laws, regulations, codes of practice, guidelines, decisions, orders and decrees imposed by law or any competent national or international governmental or regulatory authority, including all advertising and gambling laws and regulations and data protection legislation.
  • 3DS – means the EMV 3DS service offered by us for you to use when you make a purchase or place an order on the internet with your Card.
  • Account – The electronic money account provided by us in accordance with these Terms and Conditions.
  • Account Information Service Provider – means a third party payment service provider who is authorised by or registered with the Financial Conduct Authority or another European regulator to provide online account information services, who, with your permission will be able to access certain online account information on one or more payment accounts held by you to give you a consolidated view of your payment accounts.
  • Account Limits – any limits that apply and which you can have in relation to your Account and/or Card, such as account maximum balance, and limits on receiving and sending payments from your Account as referred in paragraph X.
  • Account Manager – The individuals elected by the Account Owner to be responsible for the management of the Account, also known as an “Authorised User”.
  • Account Owner – everup, as the entity legally responsible for the everup Account.
  • Agreement – The agreement for your Account made up of these Terms and Conditions, together with the General Terms and Conditions and the Competition Rules, which constitute the entire agreement between you and everup.
  • AML Policy – everup’s written policy on anti-money laundering and counter terrorist financing as may be amended from time to time by everup.
  • Applicant – A customer of the everup App who applies for everup Products but is yet to be accepted by everup as an Introduced Client
  • Available Balance – The value of funds available on your Account with us.
  • Bacs Credit – Means Bacs Direct Credit. A service enabling organisations to make payments to an account which takes 3 Business Days for the funds to be cleared.
  • Business Days – Monday to Friday between the hours of 9am-5pm but does not include bank holidays, or public holidays in the United Kingdom.
  • Card – means a Virtual Card or a Physical Card.
  • Cardholder – means the individual authorised to use the Physical Card.
  • Card Scheme -Mastercard and/or Visa or such other payment network through which Card Transactions are processed as may be made available to you from time to time.
  • Card Transaction –means a Virtual Card Transaction or a Physical Card Transaction.
  • CHAPS – the Clearing House Automated Payment System, a service enabling organisations to make same-day payments to an account within the UK, within the CHAPS operating days and times.
  • Chargeback means a dispute raised by an issuer on behalf of a cardholder in relation to a purchase transaction.
  • “Coin Balance” means the number of Coins available on your Profile.
  • “Coins” means virtual currencies awarded to your account and which can be used exclusively in relation to our Services and for the aim of entering into Competitions.
  • “Competition Rules” are defined in paragraph 1.
  • Confidential Information – any information (whether or not recorded in documentary form, or stored on any magnetic or optical disk or memory) relating to: the business, products, affairs, strategy, contracts, customer relationships, commercial pipelines, business contacts, prospective customers, existing customers, business models, customer pricing, management systems, business methods, corporate plans, maturing new business opportunities, research and development projects, marketing and sales information, sales targets and statistics, discount structures, suppliers and potential suppliers, source codes, computer programs inventions, know-how, technical specifications and other technical information relating to products and services.
  • Customer Services – The contact centre for dealing with queries about your Account. Contact details for Customer Services can be found in the everup website.
  • Data Protection Laws – the Data Protection Act 2018 and the General Data Protection Regulation (EU) 2016/679 as each is amended in accordance with the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (as amended by SI 2020 no. 1586) and incorporated into UK law under the UK European Union (Withdrawal) Act 2018; and, where applicable, the guidance and codes of practice issued by the Information Commissioner’s Office (“ICO”) or any other supervisory authority;
  • Debit card means a card that meets the definition of a debit card set out in Article 2(33) of the Interchange Fee Regulation
  • “everup Content” means any and all Intellectual Property Rights: (a) arising anywhere and anyhow which vest in, derive from or are connected to the Services (including but not limited to the everup website, the everup App and any and all related software, source code and technology); and (b) in the “everup” name and marks.
  • Faster Payment – A service allowing you to make and receive electronic payments in the UK which is received by the recipient bank within 2 hours provided that the receiving organisation or bank is part of Faster Payments Scheme.
  • Fees – those fees payable by the you and set out in the Fees Table on the App and on everup Website.
  • “General Terms & Conditions” are defined in paragraph 1.
  • “Intellectual Property Rights” means any and all present and future patents, inventions, know-how, trade secrets and other confidential information, trademarks, service marks, logos, emblems, badges, mascots, insignia, identifying music and sounds, get-up, domain names, business names, trade names, moral rights, performance rights, registered designs, copyrights, database rights, the sui generis rights of extraction relating to databases, design rights and other intellectual property rights of whatever nature, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world, and related goodwill.
  • Information – Means any information related to the organisation, and any personal information related to the Cardholder.
  • Interchange Fee Regulation means Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions as amended by the Interchange Fee (Amendment) (EU Exit) Regulations 2019.
  • Introduced Client – Any client of everup which has been introduced through the everup App and whose account is operated by everup based on instructions the everup App receives from the Introduced Client (.
  • Material Failure – A failure to comply with the obligations of a party set out in these terms, including but not limited to the execution of the application process, the secure keeping of login details and other security information, the operation of an Introduced Clients’ accounts, complying with any directions as per everup’s AML Policy in relation to anti-money laundering and counter terrorist financing obligations, including disclosure of suspicions in relation to Introduced Client activity, the maintenance of secure systems and processes, and adherence to data protection, confidentiality and intellectual property obligations.
  • Merchant- means a merchant authorised to accept Card Scheme-branded Cards.
  • One-Time Passcode – means the six-digit passcode sent to your mobile phone number by us, via SMS.
  • Payment Initiation Service Provider – means a third party payment service provider authorised by or registered with the Financial Conduct Authority or another European regulator to provide an online service to initiate a Transaction at your request on your Account.
  • “Partner Institution Terms” is defined in paragraph 6.4.
  • Partner Platform Application Form means the application form identifying the parties, Modulr Products to be provided and commercial terms that form part of this Agreement.
  • Partner Platform means the party identified in the Partner Platform Application Form.
  • Payment system means a system which is operated by one or more persons in the course of business for the purpose of enabling persons to make transfer of funds.
  • Physical Card – means a physical card-based payment instrument issued by us to you which uses the Card Scheme payments network, as well as any version or record of such an issued payment instrument stored on the everup app or any other platform which might be used by everup from time to time, and which may be used to facilitate Physical Card Transactions.
  • Physical Card Transaction – means the use of a Physical Card to make a payment to a Merchant.
  • “Privacy Policy” is defined in paragraph 2.3.
  • “Profile” means your registered everup account profile.
  • Regulator – the Financial Conduct Authority, located at 12 Endeavour Square, London, E20 1JN or any authority, body or person having, or who has had, responsibility for the supervision or regulation of any regulated activities or other financial services in the United Kingdom.
  • SEPA – Single Euro Payments Area scheme, which allows payments to be made in euros within the EEA.
  • “Services” is defined in paragraph 1;
  • Transaction – any debit, credit or other adjustment to an Account that affects the balance of monies held in it, including a Virtual Card Transaction.
  • “Terms” is defined in paragraph 2.2.
  • TPP (Third Party Provider) – means an Account Information Service Provider (“AISP”) or a Payment Initiation Service Provider (“PISP”).
  • Virtual Card – means a virtual card-based payment instrument consisting of (amongst other things) a unique 16 digit account number issued to you which uses the Card Scheme payments network, as well as any version or record of such an issued payment instrument stored on the everup app or any other platform which might be used by everup from time to time, and which may be used to make Virtual Card Transactions.
  • Virtual Card Transaction – means the use of a Virtual Card to make a payment to a Merchant.
  • you, your – The recipient of our Services.

4. Changes to these Terms or our Services

4.1. We may make changes to these Terms from time to time in order to: make them clearer or easier to understand; reflect changes to our Services or business priorities; comply with Applicable Laws; reflect industry best practice; or meet our obligations to Partner Institutions. If we make changes, we will alert you on the home page of the website and the app.

4.2. We will notify you at least 14 days in advance of any upcoming changes to these Terms unless:

  1. a)  we are subject to a legal or regulatory obligation which requires us to change these Terms without prior notification; or
  2. b)  we have, exceptionally, changed these Terms to address an unforeseen and imminent danger related to defending the Services or our users from fraud, malware, spam, data breaches or other cybersecurity risks.
  3. c) we are updating the Competition Rules to add new rules applicable to a new Competition format that we release and those new rules to not affect any existing Competitions; or) the changes do not operate to your detriment in any material way.

4.3. If you do not agree with the proposed changes, you can stop using the Services and close down your Profile by following the steps described in paragraph 10.

5. Getting started

Eligibility

5.1. In order to use our Services, you must:

  1. a)  be a UK resident;
    b)  be 18 years of age or older;
    c)  not be a US citizen (including as a dual citizen which shares US citizenship);
    d) be fully able and competent to enter into these Terms, and to abide by and comply with these Terms;
    e)  only be using our Services on behalf of yourself, for personal and non-commercial purposes;
    f)  not have previously been suspended or removed from using our Services by us for any reason; and
  2. g)  not be in breach of any other agreement to which you are a party by using our Services.

5.2. Additional eligibility requirements may apply to individual Competitions from time to time and will be communicated in the applicable Competition Rules and/or the Competition page on our Services.

Your Card

5.3. In order to obtain a Card, you must register as an everup user and create a Profile via our app. You can do this by downloading the App and following the on-screen instructions.

5.4. By obtaining a Card, you warrant and represent to us that:

  1. a) you have provided accurate, current and complete registration information;
  2. b) you will maintain and keep such information up-to-date at all times;
  3. c) you will not share your password or Profile credentials, your CCV or any other Card Details with any third party;
  4. d) you will keep your Card secure, and accept all risks of unauthorised access of your Card to the extent obtained through the use of credentials under your possession or control or through a computer or device that you use to access the Services;
  5. e) you will immediately notify us if you discover or otherwise suspect any unauthorised access or use related to the Services or your Card;

5.5. Each user is only permitted to have one active Card at any time.

6. Use of Card

6.1. Once you have set up your Profile and provided your ID details, following the ID verification approval, you will be able to open an Electronic Money Account and request a Card with the Partner Institution.

6.4. Although we are the EMD Agent of the Partner Institution, we are not a financial services provider and the Card is not offered, provided, managed or operated by us. The Partner Institution (Modulr FS Limited) will be responsible for providing, operating and managing your Electronic Money Account and your Card, and they may rely on third party banks or other service providers to provide some of these services. Your use of the Card will be subject to the Partner Card Institution’s terms and conditions (“Partner Card Institution Terms“), to which you must comply with in order to continue using the Services.

6.5. Your Account can receive bank transfers and other payment methods as these may added and notified to you by Modulr from time to time. Subject to paragraph 6.6, we will credit your Account when we receive the funds which could be up to three Business Days after the payment being instructed, depending on the payment method.

6.6 Your Card will not be issued if:

6.6.1 the Card/Electronic Money Account has reached the Account Limit; or

6.6.2 the Electronic Money Account is inactive or blocked or terminated;

6.6.3 the sender has provided incorrect or invalid Electronic Money Account details for your Account; or

6.6.4 we have reasonable suspicion of fraudulent or criminal activity concerning the use of the Services

6.7. If we are unable to credit your Account for any of the reasons set out in paragraph 6.6, then the funds may be sent back to the sender without any prior notification to you.

6.8. Where Cards are made available to you, your Account can be used to fund Card Transactions. You can request a Virtual Card or Physical Card to be issued to you via the everup App.

6.9. The value of any Card Transaction, together with any applicable fees and charges, will be deducted from your Account once we receive the authorisation request from the Merchant.

6.10 If the Card Transaction is made in a currency other than in the currency in which the Card is denominated, the Card Transaction will be converted to the denominated currency of the Card by the relevant Card Scheme at a rate set by the Card Scheme on the day we receive details of the Card Transaction. It must be noted that the exchange rate varies throughout the day and is not set by us. You can check the relevant Card Scheme rate in the link provided below:

Visa Card Scheme rate at: https://www.visa.co.uk/support/consumer/travel-support/exchange-rate-calculator.html.

After the Card Transaction is made, we will provide you with confirmation of the relevant exchange rate used for the transaction as well as of a confirmation of the amount to be paid in the currency in which the card is denominated.

6.11 If you use the Card to make a purchase online you may be asked by the Merchant to use 3DS. Physical Cards are automatically enrolled for use with 3DS. When you use 3DS, you agree that the following shall apply in relation to your use of the Card:

6.11.1 You must provide us with your mobile phone number before you can use 3DS. You must ensure that your mobile phone can receive SMS at the time of your purchase.

6.11.2. When you use 3DS to purchase from a participating Merchant, you will be presented with an electronic receipt and the One-Time Passcode will be sent to your mobile phone.

6.11.3 Without your One-Time Passcode, you will not be able to make purchases from participating Merchants.

6.11.4 If you update your mobile phone number then you must notify us immediately of your new contact details, to ensure our records are correct.

6.11.5. The One-Time Passcode is valid for the purchase you received it for. You are responsible for the security and confidentiality of your One-Time Passcode and must not share it with anyone else.

6.11.6 You will be responsible for any fees or charges imposed by your mobile phone service provider in connection with your use of 3DS.

6.12. Your Account will be configured and operated by us.

6.13. We are authorised to take instructions from you and, with respect to Physical Card Transactions, you act as the Cardholder. You are responsible for all actions in relation to the Electronic Money Account and/or Card(s).

6.14. A Transaction is deemed to be authorised by you:

6.14.1. when you enter the security information to confirm a Transaction is authorised;

6.14.2. when you submit a request for a creation of a Virtual Card via the App, you shall be deemed to have authorised any subsequent Virtual Card Transaction made using such Virtual Card up to the authorisation value specified when creating the request for creation of the Virtual Card;

6.14.3. when you (i) enter a PIN or provide any other security credentials; (ii) sign a sales voucher; (iii) provide the Physical Card details and/or provide any other details as requested; (iv) touch/wave/swipe the Physical Card over a card reader; or (v) insert the Physical Card into a card device or an ATM;

6.14.4. when you give instructions through a third party (such as the recipient of a Direct Debit Mandate or a Payment Initiation Service Provider).

Once the Transaction is confirmed, we cannot revoke the Transaction.

6.15. You can cancel any Transaction which is agreed to take place on a date later than the date you authorised it, provided you give us notice to cancel no later than close of business on the Business Day before the Transaction was due to take place.

6.16. Cancelling a Direct Debit Mandate or recurring Card Transactions with us will not cancel the agreement with the organisation you are paying. It is your responsibility to tell the organisation collecting the payment about the changes to your instructions.

6.17. If for any reason whatsoever, a negative balance arises because a Transaction is completed when there are not enough funds on your Account for that Transaction, you shall reimburse the negative balance amount immediately, unless circumstances described in sections 6.15 and 6.16 apply. You agree that once we make this negative balance known to you, we will charge you the amount of negative balance and you must repay it immediately. We may charge the amount of the negative balance against any funds on your Account, including any subsequently loaded funds. Until we are reimbursed this negative balance amount, we may arrange for your Account, including Card(s) to be suspended. We may also report the negative balance to credit reference agencies.

6.18. Where a negative balance arises because of an error on the part of a Merchant where the Card Transaction occurred, we will seek to recover the negative balance amount from the Merchant.

6.19. Where a negative balance arises because of an error on the part of the recipient of the payment or us, we will seek to recover the negative balance amount from the person who made the error.

6.20. The Available Balance on your Account will not earn any interest.

6.21. You can check the balance and Transaction history of your Account at any time via the App.

6.22. You will be provided with a monthly statement using the details we have associated with your Account.

 

7. Third-Party Access

7.1 You may instruct a Third Party Provider (TPP) to access information on your Account or initiate certain Transactions from your Account provided such TPP has identified itself to us and it has acted in accordance with the relevant regulatory requirements. We will treat any instruction from an TPP as if it was from you or an Account Manager.

7.2 Without prejudice to paragraph 7.1, we reserve the right to deny a TPP access to your Account for reasonably justified and duly evidenced reasons relating to fraud or lack of authority, including but not limited to unauthorised or fraudulent initiation of a Payment Transaction. If we deny a TPP (either an account information service provider or a payment initiation service provider) from accessing your account, we will notify you of our decision and of the reasons for our decision through the everup app and/or the email address you have provided to us unless that notification is unlawful or could compromise the security of your app.

7.3 You accept that by providing consent to a TPP to access the data in your Account to enable them to provide account information services to you or initiate Transactions on your behalf, you consent to us sharing your information with the TPP as is reasonably required for them to provide their services to you. You must inform us should you decide to withdraw this permission and it is recommended that you also inform the TPP in concern. Upon receiving your notification, we will cease providing  such TPP access to your Account and/or on any of the data contained therein.

8. Our Services

8.1. Once you have used your Bonus Entry, you will be required to hold one or more virtual Coins in your Electronic Money Account with us in order to participate in any Competitions provided through our Services. The procedure for earning Coins is described in the Coin Rules section of the Competition Rules. We will credit your Profile with Coins on Debit Card issuance, when making a Debit Card transaction and, depending on the amount of money held in your Electronic Money Account, at any given time in accordance with the Coin Rules section of the Competition Rules. Coins should appear automatically in the “balance” section of your Profile. Coins can only be used to participate in Competitions via our Services. They have no real world monetary value and cannot be traded for money or money’s worth. Coins do not constitute electronic money for the purposes of the Electronic Money Regulations 2011 or the Electronic Money Directive 2009.

9. Disputes and Incorrect Transactions

9.1 If you have a reason to believe that (i) a Transaction on your Account was unauthorised or was made incorrectly, (ii) a Physical Card is lost or stolen; or (iii) someone else (other than a TPP) knows the security credentials or otherwise has unauthorised access to your Account and/or Card, you must inform us immediately by contacting Customer Services via our app chat system or via email at support@everup.uk. You must also block any lost, stolen, or misappropriated Physical Card. After you notify us of the above, we will replace a lost, stolen or misappropriated Physical Card and we will provide you with new security credentials.

9.2 We will investigate any claim for a refund of unauthorised or incorrectly executed Transactions, provided at all times that you have notified us without undue delay of becoming aware of such incorrectly executed or unauthorised Transaction and in any case within the timeframes required by the Card Scheme rules if the incorrect Transaction relates to a Card Transaction; and for all other Transactions within thirteen (13) months of the date of the relevant Transaction. We will not be liable for any unauthorised or incorrectly executed Transactions notified to us after this period.

9.3 If you successfully dispute a Transaction:

9.3.1 subject to 9.3.2 and 9.3.3 we will immediately refund the amount to your Account to the position it would have been in if the unauthorised Transaction had not taken place. We will also be responsible for any charges or interest you are required to pay as a result of us not carrying out your payment instruction or doing so incorrectly. We will have no further liability to you. If we subsequently discover that you were not entitled to a refund, we shall treat the refund as a mistake and be entitled to reapply the Transaction.

9.3.2 if we reasonably believe that you may not be entitled to a refund (based on the evidence available to us at the time you report the unauthorised Transaction), we may conduct an investigation prior to giving you a refund and we will provide you with our supporting evidence if we reasonably conclude that you are not entitled to the refund.

9.3.3 if the Transaction was initiated through a TPP, it is for the TPP to prove that, the Transaction was authenticated, accurately recorded and not affected by a technical breakdown or other deficiency linked to the TPP’s payment initiation service, and

9.3.4 if we make an error on a Transaction that was made to someone else through the Direct Debit scheme, we will refund you in accordance with the Direct Debit Guarantee.

9.4 If a Transaction is incorrectly paid into your Account, we will send the funds back to the account or to the bank acting for the person from whose account the Transaction was made without undue delay. In such circumstance you agree to return the funds to us and cooperate with us in recovering the funds from you, in particular by providing us with all relevant information that we may request for the collection of the funds

9.5 You will be liable for all Transactions made from your Account if you have acted fraudulently or with gross negligence.

9.5.1 You are required in particular to keep the security credentials used to access or use your Account and/or Card safe and secure or you will otherwise be deemed as having failed to comply with these Terms and Conditions in relation to the safety of your Account and/or Card; and

9.5.2 You must observe the notification requirements prescribed in paragraph 9.1 above.

9.6 You may be entitled to a refund for a Transaction from your account which was initiated by the payee where:

9.6.1 the authorisation did not specify the exact amount to be paid;

9.6.2 the amount of Transaction exceeded the amount you could reasonably have expected to pay (taking into account your previous spending patterns and other relevant circumstances). We may ask you to provide such information as is reasonably necessary for us to determine if  the relevant assessment is correct; and

9.6.3 you had previously asked for a refund within eight (8) weeks of the date the Transaction was debited to your Account.

In such circumstances we will refund you within ten (10) Business Days of receiving your claim for a refund or, where applicable, within ten (10) Business Days of receiving any further information we requested – otherwise we will need to provide you with the reasons for refusing the refund.

9.7 If you request a refund for a Transaction made using the Direct Debit scheme, the Direct Debit Guarantee will apply instead of the terms in paragraph 9.5 above.

10. Variation

10.1 We may change these Terms and Conditions from time to time in accordance with the paragraphs below. All changes will be posted on the everup website and emailed to you at the last email address you provided to us. You should check the everup website regularly. We will provide you with at least two months’ prior of any changes we propose to make to these Terms.

10.2 If you do not agree with the changes to the Terms and Conditions, you may at any time within the two months’ notice period notify us and these Terms and Conditions will be terminated and your Account closed. If you do not notify us to the contrary during this period then you will be deemed to have accepted the change and it will apply to you when it comes into force.

10.3 If any part of these Terms and Conditions at any time becomes inconsistent with any legal requirements, then we will not rely on that part but treat it as if it did actually reflect the relevant legal requirement. If we need to make operational changes before we can fully comply with the new regulatory requirement, we will make those changes as soon as reasonably practical.

11. Termination or Suspension

11.1 These Terms and Conditions and the Services will continue to be in force until terminated or suspended in one of the ways set out in this clause 11 below:

11.2 We can terminate your Account at any time by providing you with a minimum of four months’ notice and by transferring any Available Balance at the time to your nominated bank account without charge; or

11.3 We can suspend or terminate your Account at any time with immediate effect (and until your default has been remedied or the Agreement terminated) without any prior notice to you if:

11.3.1 we discover that any of the Information that we hold for you is false, misleading or materially incorrect; or

11.3.2 if you have engaged in any fraudulent activity, money laundering, terrorism financing or other illegal activity in connection with your Account or we have reasonable suspicion of the same; or

11.3.3 if you have reached your Account Limit; or

11.3.4 you have breached these Terms and Conditions or any of the everup Terms and Conditions; or

11.3.5 we are required to do so under any applicable law or regulation or at the direction of any regulatory, law enforcement or other competent authority.

11.4 In the event that we do suspend or terminate your Account (and to the extent permitted by law), we will inform you in advance of any such actions. Where this is not possible, we will inform you of any such actions immediately afterwards (to the extent we are permitted by law).

12. Our Liability

12.1 Our liability in connection with these Terms and Conditions (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:

12.1.1 We shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds;

12.1.2 We shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;

12.1.3 Where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount to that which was incorrectly deducted from your Available Balance;

12.1.4 In all other circumstances of our default, our liability will be limited to transferring any Available Balance to your nominated bank account.

12.2 In circumstances where sums are incorrectly deducted from your Available Balance due to our fault, if we require your support to enable us to recover the incorrect deduction, you agree to provide us with all assistance that we reasonably require.

12.3 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.

12.4 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.

12.5 The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with these Terms and Conditions.

13. Complaints Procedure

13.1 Complaints regarding any element of the service provided by us can be sent to Customer Services.

13.2 All complaints will be subject to our complaints procedure. We will provide you with a copy of our complaints procedure upon request and, if we receive a complaint from you, a copy of our complaints procedure will automatically be posted or emailed to you.

13.3 In most cases we will provide a full response by email to your complaint within fifteen (15) Business Days after the date we receive your complaint. In exceptional circumstances where we are unable to respond in full to your complaint, we will inform you of this giving our reasons for the delay and the timeframe within which you will receive a full reply, which in any event shall be within thirty-five (35) Business Days of the date we received your complaint.

13.4 If we fail to resolve your complaint to your satisfaction you may refer your complaint to the Financial Ombudsman Service (Exchange Tower, London E14 9SR, phone 0800 023 4567). Details of the service offered by the Financial Ombudsman Service are available at http://www.financial-ombudsman.org.uk

14. Data Protection

14.1 The privacy of your personal data is important to us. Please see our Privacy Policy for details of how we will process your personal data.

15. General

15.1 Any delay or failure to exercise any right or remedy under these Terms and Conditions by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.

15.2 If any provision of these Terms and Conditions is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.

15.3 You may not assign or transfer any of your rights and/or benefits under these Terms and Conditions and you shall be the sole party to the contract between us. You will remain liable until your Account is terminated. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under these Terms and Conditions.

15.4 Save for everup, no other third party who is not a party to these Terms and Conditions has a right to enforce any of the provisions in these Terms and Conditions and the Contracts (Rights of Third Parties) Act 1999 shall not apply.

15.5 These Terms and Conditions contain the information set out in Schedule 4 of the Payment Service Regulations 2017.

15.6 These Terms and Conditions are governed by English law and you agree to the exclusive jurisdiction of the courts of England and Wales.

15.7 The Financial Services Compensation Scheme is not applicable for this Account. No other compensation schemes exist to cover losses claimed in connection with your Account. We will ensure that once we have received your funds they are deposited in a safeguarded account, in accordance with our legal obligations under the Electronic Money Regulations 2011. In the event that we become insolvent, funds that are safeguarded by us are protected against the claims made by our creditors.

15.8 Availability outside the United Kingdom. Our Services are directed to people residing in the United Kingdom. We do not represent that content available on or through our Services is appropriate for use or available in other locations.

15.9 No waiver. Failure by us to insist upon strict performance of any of your obligations or to exercise any of the rights or remedies to which we are entitled shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any provision shall not constitute a waiver of any subsequent breach of that provision.

15.10 Sending notifications to you. Unless otherwise specified in these Terms, we will provide notices, disclosures and other communications to you by emailing them to you at the email address associated with your Profile. You may update your email address by logging into your Profile. A communication will be considered to be received by you at the time of transmission.

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