Gift Card Terms & Conditions

Last Updated: 14/09/2023

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, we refer to these as the “Services”). We are not a regulated financial services provider (but please see the paragraph immediately below for more information about our regulatory status).

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

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;
   b) our Terms and Conditions (which you can read here; and
   c) all of the Terms and Conditions presented in the individual gift cards you purchase.

2.2. Together, these documents are referred to as these “Gift Card Terms” and they form the entire agreement between us and you. If there is any conflict, ambiguity or inconsistency between them, they will take precedence in the order in which they are listed in clause 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 

3.1. You can purchase Gift Cards from any of the retailers available on the App. Each Gift Card can be redeemed online or in store. You can find the details about which Gift Card can be redeemed online, in store or both in our App by selecting the specific brand.

3.2. When you buy a Gift Card using your cash account (everup Pay), you’ll earn Virtual Coins. The number of Virtual Coins rewarded for each £1.00 spent will vary by brand and will be displayed clearly. For instance, if a brand offers 1,000 coins per £1.00, purchasing a £10.00 Gift Card from that brand will grant you 10,000 virtual coins.
Virtual Coins are only awarded when the Gift Card is purchased using the everup cash account; no rewards are given for other payment methods.

3.3. When you earn Virtual Coins by buying Gift Cards, you can use them to play any game within the App. Cash prizes from our games appear in the Winnings & Rewards section and can fund new Gift Card purchases, either in full or supplemented with funds from your cash account. When you utilize cash winnings for a Gift Card, either wholly or partially, the remaining cash prize amount decreases. Details of used winnings can be found under ‘Redeemed Winnings’ in the Winnings & Rewards section of your cash account.

4.1. Purchasing Criteria: To buy our gift cards, ensure that you:

a) Hold a fully validated everup cash account linked with your UK bank account;

b) Possess sufficient funds in your Electronic Money Account or in your Available Winnings found in the Winnings & Rewards section;

c) Acknowledge that purchased gift cards cannot be refunded;

d) Agree to and abide by our General Terms of Service, Competition Rules, and Gift Card Terms;

e) Understand that everup won’t be responsible for, nor replace, any lost, stolen, or damaged cards post-purchase.

4.2. Order Process:

• Choose a Gift Card brand;
• Determine the desired amount, either from the provided options or any within the accepted range, where applicable;
• Select your payment preference;
• Finalize your payment.

By securing a Gift Card with everup, you’re acknowledging the immediate digital delivery upon payment completion. This immediate delivery forfeits your 14-day cancellation right. If a refund is necessary, we’ll strive to coordinate a refund with the digital Gift Card’s issuer, granted the card remains unused. If the issuer denies a refund, it won’t be available. Your purchase signifies agreement to these conditions.

5.1. We won’t be held responsible for any losses, damages, or costs, regardless of how they arise, related to:

5.1.1. The use, inability to use, or unavailability of our App or website;

5.1.2. Engaging with products, data, services, messages, or transactions on our App or website, including any reliance on displayed content;

5.1.3. Delays, inaccuracies, deletions, undeliveries, or failures concerning user information, communications, or settings; or

5.1.4. Products or services offered by third parties, including partners and retailers. Such offerings abide by their distinct terms, over which we have no control.

5.2. Any liability we might hold is capped at the transaction amount between you and us which led to the claim.

5.3. We are not accountable to you:

5.3.1. For delivery delays due to unforeseen events. We’ll notify and attempt to mitigate such delays. However, we won’t offer compensation for them. If substantial, a refund might be available.

5.3.2. Regarding gift cards if you:

5.3.2.1. Don’t use them before expiry – it’s the customer’s duty to note each card’s validity;

5.3.2.2. Change your mind about using them;

5.3.2.3. Can’t buy an out-of-stock item from the retailer with them; or

5.3.2.4. Purchase from a company that later stops operating.

5.3.3. If you’re unsatisfied with a retailer’s product. Direct complaints or return requests to the retailer.

5.3.4. For unforeseeable losses.

5.3.5. For preventable issues, such as damage from our digital content, which could’ve been sidestepped by following our advice or installation steps, or meeting our system requirements.

5.3.6. If it pertains to using a product for business-related purposes.

5.4. Protect your devices from viruses using anti-virus software, firewalls, and other essential protective measures.