Last Updated: 08/11/2023
Terms & Conditions
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 along with associated mobile applications and online services, collectively referred to as the “Services”. Please note that we are not a regulated financial services provider, but for more insights into our regulatory standing, refer to the information below.
For those who have opened an everup cash account prior to the 7th of November 2023, these accounts have been operated in collaboration with Modulr FS Limited. As of the aforementioned date, we will no longer be initiating new cash accounts. Everup has functioned as a registered EMD agent of Modulr FS Limited, an electronic money institution authorised by the Financial Conduct Authority under the Electronic Money Regulation 2011 (FRN: 900573) to issue electronic money and payment instruments, identified as our “Partner Institution.” Everup Ltd’s reference on the Financial Services Register is no. 902939. However, post the 7th of January 2024, while we can assist in the withdrawal of funds, everup will cease to be a regulated agent of Modulr, and Modulr will assume the primary responsibility for the management of these accounts.
2. When these Terms of Service apply
2.1. These Terms of Service apply to all users of everup’s Services.
2.2 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:
- a) these Terms of Service;
- b) our Debit Card Terms and Conditions which you can read here(if you opened a Debit Card account before the 30th of September 2023);
- c) our Competition Rules, which you can read here;
- d) our Gift Card Terms and Conditions which you can read here;
2.3. 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 them, they will take precedence in the order in which they are listed in paragraph 2.2 above. You must not use our Services if you do not accept these Terms.
2.5. If you have any questions about these Terms, you can contact us at firstname.lastname@example.org
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 was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
- “Account Limit(s)” – the constraints associated with your everup Cash Account, everup Debit Card Account, everup Voucher Account, or any payment method available on the app or website. These limits might encompass maximum account balances, restrictions on sending and receiving payments, holding funds, or making purchases.
- “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.
- “Available Electronic Money Account Balance“ – The value of funds available in your Electronic Money Account with us (which does not include any prizes, winnings or rewards which have not, at the applicable time, been claimed and/or redeemed in accordance with our Terms).
- “Bonus Entry” means the chance to participate in a Competition without using any Coins.
- “Coin Balance” means the number of Coins available on your Profile.
- “Coins, or Virtual Coins” means Virtual Coins awarded to your account that can be used exclusively on our Services to enter into our free Competitions.
- “Competition” means any competition or game which may be made available to users of the Service.
- “Competition Rules” are defined in paragraph 2.2.
- “Electronic Money Account” or “everup Electronic Money Account” or “everup Cash Account”; means an electronic money account opened in your name and which is provided by the Partner Institution, which allows you to load and withdraw funds for the purposes of using the Services, available until the 7th of January 2023;
- “everup Debit Card Account” – means an everup Debit Card Account operated by everup, which is provided by the Partner Institution (discontinued on the 30th of September 2023)
- “everup Voucher Account”: A pre-paid account and authenticated account, allowing instant purchases of Gift Cards within the app.
- Apple Pay and Google Pay: Payment platforms developed by Apple and Google, respectively, designed to facilitate secure and authenticated transactions within applications.
- “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 the everup website, app and any and all related software, source code and technology); and (b) in the “everup” name and marks.
- “External Account” or “Linked Account” is defined in paragraph 6.2.
- 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.
- “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.
- “Partner Institution” is defined in paragraph 1.
- “Partner Institution Terms” is defined in paragraph 6.4.
- Payment Initiation Service Provider – or “Open Banking” means a third party payment, authorization and authentication 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.
- “Profile” means your registered everup account.
- “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”).
- “Transaction” – any activity, be it a debit, credit, or other adjustment, that influences the balance of an Account. This encompasses Virtual Card Transactions, Cash Account transactions, everup Voucher transactions, or any other transaction associated with a payment method accessible via the App or website,
- “Services” is defined in paragraph 1;
- “Third party Content” is defined in paragraph 16.1.
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 or the app.
4.2. We will notify you at least 14 days in advance of any upcoming changes to these Terms unless:
- a) we are subject to a legal or regulatory obligation which requires us to change these Terms more promptly;
- 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.
- 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
- d) 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 14.
5.1. In order to use our Services, you must:
- a) be 18 years of age or older;
- b) be fully able and competent to enter into these Terms, and to abide by and comply with these Terms;
- c) only be using our Services on behalf of yourself, for personal and non-commercial purposes;
- d) not have previously been suspended or removed from using our Services by us for any reason;
- e) not be in breach of any other agreement to which you are a party by using our Services; and
- f) not be in breach of any other agreement to which you are a party by using our Services.
- g) not be a resident of any country that is subject to sanctions as listed by, including but not limited to, the United Nations, European Council, or the United States Treasury’s Office of Foreign Assets Control (OFAC).
5.2. Additional eligibility requirements may apply to individual Competitions or products from time to time and will be communicated in the applicable Competition Rules, additional terms and conditions and/or the competition page or relevant product page on our Services.
5.3. In order to access the core features of our Services (including setting up an everup Voucher Account, earning Coins and participating in Competitions), 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 creating a Profile, you warrant and represent to us that:
- a) you have provided accurate, current and complete registration information;
- b) you will maintain and keep such information up-to-date at all times;
- c) you will not share your password or Profile credentials with any third party;
- d) you will keep your Profile secure, and accept all risks of unauthorized access to your Profile 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; and
- e) you will immediately notify us if you discover or otherwise suspect any unauthorized access or use related to the Services or your Profile.
6. Your Electronic Money Account
6.1. This section applies to you if you have created an Electronic Money Account on or before the 7th of November 2023. You will not be able to open an Electronic Money Account beyond this date.
6.2. When you open the Electronic Money Account, you will be able to transfer money to it via your UK bank account (External Account) in the form of Faster Payments. Once the first transfer has been made from an External Account registered in your name, the everup Electronic Money Account and your UK bank account will become Linked Accounts. You may deposit funds into your Electronic Money Account up to the 7th of January 2024. Beyond this date, only withdrawals will be permitted.
6.4. Although we are the EMD agent of the Partner Institution, we are not a financial services provider and the Electronic Money Account 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 they may rely on third party banks or other service providers to provide some of these services. Your use of the Electronic Money Account will be subject to the Partner Institution’s terms and conditions which can be found here: Modulr FS Terms of Service (“Partner Institution Terms“), which you must comply with in order to continue using the Services.
Everup will stop offering Electronic Money Accounts to new users starting from the 8th of November 2023 and will discontinue operating such accounts from the 8th of January 2024.
6.5. You can load money into your Electronic Money Account until the 7th of January 2024 by making a transfer from your External Account or by receiving funds from third parties. In the case of receiving funds from a third party, amounts received will be subject to additional checks to ensure compliance with the applicable Anti-Money Laundering legislation.
6.6. If your Profile is flagged for review by our compliance systems or those of our Partner Institution, you may be asked to upload additional documentation verifying your identity and the source of your funds. You agree only to upload documentation that is current, accurate, and belongs to you.
6.7. Transferring funds from your External Account into your Electronic Money Account may be instantaneous or may take 3-5 business days to process. During that time the funds will be unavailable for withdrawal or other use.
6.8 In order to hold and/or withdraw funds from your Electronic Money Account you must transfer at least £0.01 from your UK bank account or joint bank account into your everup Electronic Money Account. Once such deposit is made, your bank account and your everup Electronic Money Account will become Linked Accounts.
6.9 You will only be able to withdraw funds into an account in your own name.
6.10 For withdrawals from your everup Electronic Money Account exceeding the total deposit and withdrawal limits set in the App, you may incur a £0.50 fee and/or a Virtual Coins charge. Please review the App during the withdrawal procedure to see the applicable fees for your request.
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 a TPP as if it was from you.
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 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. Disputes and Incorrect Transactions
8.1 If you have a reason to believe that (i) a Transaction on your Account was unauthorised or was made incorrectly, (ii) a Physical or Virtual 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 email@example.com. You must also block any lost, stolen, or misappropriated Physical or Virtual Card.
8.2 We will investigate any claim for a refund of unauthorised or incorrectly executed Debit Card Transactions, provided at all times that you have notified us without undue delay of becoming aware of such incorrectly executed or unauthorised Debit Card 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.
8.3 If you successfully dispute a Debit Card Transaction:
8.3.1. subject to 8.3.2 and 8.3.3 we will immediately refund the amount to your Account to the position it would have been in if the unauthorised Debit Card Transaction had not taken place. 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.
8.3.2. 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 Debit Card 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.
8.3.3. if the Debit Card 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
8.4 If any 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
8.5 You will be liable for all Transactions made from your Account if you have acted fraudulently or with gross negligence.
8.5.1. You are required in particular to keep the security credentials used to access or use your Electronic Money Account, Debit Card Account and/or everup Voucher Account safe and secure or you will otherwise be deemed as having failed to comply with these Terms of Service and/or Debit Card Terms and Conditions in relation to the safety of your Profile, Electronic Money Account, everup Voucher Account and/or Debit Card Account; and
8.5.2. You must observe the notification requirements prescribed in paragraph 8.1 above.
9. Our Services
Virtual Coins, or Coins
9.1. One or more Virtual Coins are required to participate in any and all Competitions on our Services (after you have used the Bonus Entry). The procedure for earning Coins is described in the Coin Rules section of the Competition Rules. We will credit your Profile with Coins in accordance with the eligibility criteria set out in 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.
Participating in Competitions
9.2. As a registered user, you will be able to participate in Competitions via the Services. You must read the Competition Rules carefully before participating in any Competition. Each time that you participate in a Competition via the Services, you agree to be bound by and comply with the Competition Rules applicable to that Competition.
9.3. Some Competitions or promotions offer you the opportunity to win cash prizes and other rewards. If you are eligible to redeem a cash prize, the value of the cash prize will be credited to the “Winnings & Rewards” section of your Profile unless the amount won is above £1,500 in which case please refer to paragraph 8.3 of the Competition Rules.
9.4. If you have an everup Electronic Money Account, you can redeem cash prizes shown in the “Winnings & Rewards” section of your profile to that account within 3 months of becoming eligible, but ensure it’s before the 7th of January 2024. For those who don’t have such an account, or for users after the 7th of January, these cash prizes can be used to buy any Gift Card in the App, either in full or as a partial payment. However, ensure you have a minimum balance of £10.00 to utilize your cash prizes for any Gift Card purchase. It’s important to remember that cash prize winnings expire 12 months after your last App purchase.
We won’t be liable for any inability to redeem cash prizes to your Electronic Money Account due to its closure or suspension, inaccurate or outdated information you’ve provided, inability or ineligibility to open such an account, or if the Electronic Money Account service is discontinued.
Winning the £1,000,000 Jackpot
9.5 Without prejudice to paragraph 9.4, if you win the £1,000,000 40-Year Annuity jackpot, you will receive the total prize into an account of your choice, either in the UK or abroad. Please refer to provision 3.4 of the Competition Rules for details concerning the annuity value of the Lottery Competition Jackpot and the alternatives provided, e.g., lump sum or annuity purchase.
9.6 From time to time, we advertise Special Prizes, such as tech gadgets, home appliances, Gift Card or similar, in some of our games. Special Prizes must be claimed within 3 months of being won. You may be required to provide a valid proof of ID, an active phone number and a valid proof of address in order to claim and redeem such prizes.
10.1 We may change the Terms 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, you may at any time within the two months’ notice period notify us and the Terms 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 the Terms 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 of Service and the Services will continue to be in force until terminated or suspended in one of the ways set out in this paragraph 11 below.
11.2 We can terminate your Electronic Money Account at any time by providing you with a minimum of two months’ notice and by transferring any Electronic Money Account Available Balance to your nominated bank account, which should be either an account at your name or a joint account, without charge; or
11.3 We can suspend or terminate your Profile and all Accounts 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 of Service or any of the everup Terms; 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).
11.5 By accepting these Terms, you accept the application of the fees set out in the Fees Table on the App and on everup Website as a prerequisite for the provision of the Services. Everup may amend its pricing policy and/or introduce a subscription with regards to the provision of its services, in which case we shall notify you for any such amendment by providing you with one (1) months’ notice. If you do not accept the fees, you may choose to close your account with us, in which case the conditions set out in paragraphs 11.1 – 11.4 will apply.
12. Your licence to use everup Content
12.1. We are the owners or authorised licensees of the everup Content. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable licence to use the everup Content solely for your own personal, non-commercial use of the Services in accordance with these Terms.
12.2. Other than the licence granted to you in paragraph 12.1, nothing in these terms is intended to, or shall be deemed to, transfer any Intellectual Property Rights in the everup Content to you. You may not: (a) copy, reproduce (other than standard website page caching), create derivative works of, store, publicly perform, publicly display, distribute, sell, rent, lease or otherwise commercially exploit the everup Content in whole or in part; (b) attempt to reverse compile, disassemble, or otherwise reverse engineer any element of the everup Content; (c) attempt to, or assist others in attempting to, obtain access to the underlying source code of any element of the everup Content; or (d) use the everup Content in any way that breaches these Terms, any Applicable Law or any Intellectual Property Rights or other third party rights.
12.3. The availability of our Services does not constitute an offer, solicitation or invitation by us for the use of our Service in any jurisdiction in which such use is prohibited by law. We shall not be liable for any breach of any local, national, federal, state or other laws that may occur as a result of your using the Service.
13. User Conduct
13.1. You must comply with all Applicable Laws in connection with your use of the Services, and you are solely responsible for your conduct while using the Services. You will not:
- a) use our Services for any purpose that is related to fraud, money laundering and/or any other form of illegal or suspicious activities;
- b) use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- c) attempt to bypass or circumvent measures employed to prevent or limit access to any content, area or functionality on the Services;
- d) introduce any virus, trojan or other malware to the Services;
- e) develop any third-party applications that interact with the Services without our prior written consent;
- f) use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of Services pages or functionality;
- g) bypass or ignore instructions contained in our robots.txt file that controls automated access to the Services;
- h) use the Services to make withdrawals and deposits into your Electronic Money Account solely or principally for purposes of participating in Competitions or otherwise not for its intended purpose;
- i) use the Services to engage in or promote any other activity that violates these Terms or the Partner Institution Terms;
- l) use abusive, threatening, or harassing language or conduct towards our employees, representatives, or other users of our Services; or create a hostile environment through persistent unwarranted communication or other disruptive behavior.
- m) create multiple profiles or provide misleading or false personal information in a profile.
- n) misuse the referral program in fraudulent ways, such as self-referring through fake accounts to gain rewards.
Please note that any attempt to manipulate the system, whether by opening multiple accounts to capitalize on account-opening rewards or self-referring, will result in account termination. All prizes will be awarded solely to the account holder with a verified real name, as confirmed through our stringent KYC (Know Your Customer) compliance procedures.
14. Suspending and Closing your Profile
14.1. You can close your Profile at any time by going to the “Profile Settings” section of our website or app, selecting “close Profile” and follow the on screen instructions.
14.2. We may suspend or close your Profile immediately on written notice to you if:
- a) we reasonably believe that you have breached these Terms, including any applicable section of the Competition Rules;
- b) we reasonably believe that you have breached Applicable Laws; and/or
- c) your Electronic Money Account, everup Voucher Account, or everup Debit Card Account is suspended or closed for breaching these Terms.
14.3. We do not guarantee that our Services will always be available or be uninterrupted. We may suspend access to or close your Profile if the Services as a whole are being suspended, withdrawn or shut down. We will always try to give you as much notice as possible in the event that this happens, but this may not be possible if the Services are being withdrawn or shut down in order to:
(a) comply with Applicable Laws;
(b) as a result of any order or direction from any governmental or regulatory body or authority; or (
- c) as a result of any alleged or actual infringement of third party Intellectual Property Rights.
14.4. If your Profile is suspended for any reason:
- a) we will notify you of the reasons for the suspension and any steps that you can take to enable us to lift the suspension;
- b) we will notify you as soon as the suspension is lifted; and
- c) your Coin Balance will remain on you Profile and will be available when the suspension is lifted.
- d) you will not be able to play any game available on the App or purchase any products or link any payment methods.
14.5. If your Profile is closed:
a) you will lose permanently any remaining Coin Balance or Bonus Entries that you have on your Profile;
b) you will permanently lose any rights to any cash winnings and rewards not yet redeemed;
c) the money in your Electronic Money Account will then be transferred to the UK External Account of your choice providing that it has gone through the Due Diligence procedures and that you have transferred at least £0.01 to your Electronic Money Account thereby Linking the accounts; and
d) any rights and obligations accrued by you or us up to the date of closure of your Profile will be not be affected
15. No warranty
15.1. To the fullest extent permitted by applicable law:
(a) the Services are provided on an “as is” and “as available” basis without warranties of any kind, and we expressly disclaim all implied warranties as to the services, including, without limitation, implied warranties as to quality and fitness for a particular purpose or non-infringement of Intellectual Property Rights; and
(b) we do not represent or warrant that the Services are virus or bug-free or that they are accurate, complete, reliable, current or error-free, meet your requirements, or that defects in the services will be corrected.
16. Third Party Content
16.1. We may display third-party content, advertisements, links, promotions, logos and other materials on or through the Services (collectively, “Third-Party Content”). We do not control, endorse, sponsor or adopt any Third-Party Content or any third parties referenced on the Services, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. Your interactions with Third-Party Content, and any third party that provides Third-Party Content, are solely between you and such third parties, and we are not responsible or liable in any manner for such interactions or Third-Party Content. When you leave the Services and enter a third-party site or service, these Terms no longer apply to your use of that third-party site or service. You acknowledge and agree that we shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such Third-Party Content or for any content or information presented via the Third-Party Content.
16.2. All trademarks not owned by everup are the property of their respective owners. Everup is not the issuer of any of the Gift Cards or other closed-loop products on offer and is not related to any merchant whose trademark and Gift Cards appear on everup for sale.
17. Limitation of Liability
17.1. We do not exclude or limit in any way 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 and for fraud or fraudulent misrepresentation.
17.2. If we fail to comply with these Terms, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we will not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you created your Profile or entered the relevant Competition.
17.3. We are not liable to you for any loss or damage experienced by you or any third party due to:
- a) Loss of opportunity;
- b) Damage to any computer system, phone, or other device resulting from the use of our Services;
- c) Technical malfunctions, including computer system, phone line, hardware, software, delayed transmissions, or network connection issues;
- d) Network disruptions, including inaccessible or unavailable networks, servers, satellites, Internet service providers, or websites; or any miscommunications, delays, or misdirected transmissions;
- e) Inability to access or use our Services, including our App or website;
- f) Technical difficulties or other errors of any kind;
- g) Misinformation or incomplete data provided by you during your use of our Services;
- h) Interactions with products, data, services, messages, or transactions on our App or website and any resultant reliance on the displayed content;
- i) Delays or issues regarding user information, communications, or settings;
- j) Offerings by third parties, partners, or retailers. We do not control their distinct terms;
- k) Our liability is limited to the transaction amount between you and us which resulted in the claim;
- l) Unanticipated delivery delays. We’ll inform and attempt to reduce these delays, but we don’t offer compensation. Significant delays may result in a refund;
- m) Concerns about gift cards, including their expiry, a change of heart about their use, inability to purchase out-of-stock items, or purchasing from a company that later ceases operations;
- n) Dissatisfaction with a retailer’s product. Direct any complaints or return requests to the respective retailer;
- o) Unpredictable losses;
- p) Preventable issues, such as damage from our digital content which could have been avoided by following our guidance or system requirements;
- q) Any matter related to business use of a product.
For protection against potential risks, we advise using anti-virus software, firewalls, and other essential protective measures for your devices.
17.4 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;
17.5 In all other circumstances of our default, our liability will be limited to transferring any Available Balance to your nominated bank account.
17.6 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 of Service.
17.7. The Partner Institution[s][are] not in any way responsible for any Competition.
18. Data Protection
19. Complaints Procedure
19.1 Complaints regarding any element of the service provided by us can be sent to customer cervices via our app chat system or via email at firstname.lastname@example.org.
19.2 All complaints will be subject to our complaints procedure and policy which you can read here. 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.
19.3 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.
19.4 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
20.1. Governing Law and jurisdiction. These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to hear any disputes that arise out of or in connection with these Terms, except that if you are a resident of Scotland, you may also bring proceedings in Scotland.
20.2. Transferring these Terms. You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with your use of the Services, without our prior written consent. You agree that we may transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with the Services. You also agree that we may use third parties and sub-contract our obligations, provided that we remain responsible to you for the performance of these Terms.
20.3 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.
20.4. Third party rights. A person who is not a party to the Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.
20.5. Availability outside United Kingdom. Our Services are directed to people residing in United Kingdom. We do not represent that content available on or through our Services is appropriate for use or available in other locations.
20.6. 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.
20.7. 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.