Terms & Conditions - Everup

Terms & Conditions

Last Updated: 01/12/2022

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, we refer to these 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 instruments (“Partner Institution“). As an EMD Agent of Modulr FS, everup Ltd is entered on the Financial Services Register with reference no. 902939.

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 applicable); and

c) our Competition Rules, which you can read here (if applicable).

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.

2.4 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 and cookie 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.

2.5. 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 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)“ – 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.
  • 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 Balance“ – The value of funds available in your 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” means virtual coins awarded to your account that can be used exclusively on our Services to enter into 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”; 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;
  • 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 – 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.
  • 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 debit, credit or other adjustment to an Account that affects the balance of monies held in it, including a Virtual Card Transaction.
  • Privacy Policy” is defined in paragraph 2.3.
  • 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. Getting started

Eligibility

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

a)  be a legal resident of United Kingdom;

b)  be 18 years of age or older;

c) be fully able and competent to enter into these Terms, and to abide by and comply with these Terms;

d)  only be using our Services on behalf of yourself, for personal and non-commercial purposes;

e)  not have previously been suspended or removed from using our Services by us for any reason;

f)  not be in breach of any other agreement to which you are a party by using our Services; and

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 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.

Your Profile

5.3. In order to access the core features of our Services (including setting up an Electronic Money 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.

5.5. Each user is only permitted to have one Profile. If we reasonably suspect that you have created more than one Profile, we will close any duplicate Profiles that you have opened without notice to you

6. Your Electronic Money Account

Loading Funds

6.1. Once you have set up your Profile and provided your ID details, following the ID verification approval, you can open an Electronic Money Account with the Partner Institution. In order to create an Electronic Money Account, download the App and follow the instructions provided when tapping on “Cash Account” or “Open your Cash Account” within the everup App.

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

6.3. You will be required to provide the Partner Institution with certain information to help them verify your identity and your eligibility to open an Electronic Money Account. This may include photo ID, proof of address and your Profile details. You will not be able to open an Electronic Money Account without providing this information. We may collect or have access to this information on behalf of the Partner Institution and we will always handle any personal data included in that information in accordance with these Terms and our Privacy Policy. The Partner Institution will also be responsible for the handling of any personal data that you or we provide to them so you should read their privacy policy carefully before opening your Electronic Money Account.

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.

6.5. You can load money into your Electronic Money Account 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, many 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.

Withdrawing Funds

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 everup reserves the right to close your Electronic Money Account if no deposit has been made within ninety (90) days from your first registration to the Services.

6.10 You will only be able to withdraw funds into an account in your own name.

6.11 You might be charged a fee of £0.50 for every withdrawal from your everup Electronic Money Account which is above the total deposit and withdrawal allowance set and advertised on the App.

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 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.

8.2 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.

8.3 If you successfully dispute a 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 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.

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 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 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

8.3.4. 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.

8.4 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

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 Account and/or Card 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 Account and/or Card; and

8.5.2. You must observe the notification requirements prescribed in paragraph 8.1 above.

8.6 If you request a refund for a Transaction made using the Direct Debit scheme, the Direct Debit Guarantee will apply.

9. Our Services

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.

Cash Prizes

9.3. Some Competitions or promotions offer you the opportunity to win cash prizes and 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. Cash prizes which are showing in the “winnings & rewards” section of your Profile may be redeemed to your Electronic Money Account only and must be redeemed within 3 months of you becoming eligible to receive it.  You are required to open an Electronic Money Account which will be linked it to your UK bank account (or joint bank account) in accordance with paragraph 6 above in order to redeem any cash prizes.   You will receive a message via our website or app confirming that your cash prize has been credited to your Electronic Money Account. We will not be responsible for any failure to redeem cash prizes to your Electronic Money Account as a result of closure or suspension of your Electronic Money Account, your failure to keep the information you provide to us accurate and up-to-date, or your failure or ineligibility to open an Electronic Money Account.

Winning the £1,000,000 Jackpot

9.5 Without prejudice to paragraph 9.4, if you win the £1,000,000 jackpot, you will receive the total prize into an account of your choice, either in the UK or abroad.

10. Variation

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 Account at any time by providing you with a minimum of two months’ notice and by transferring any Available Balance at the time 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 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 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. The termination of these Terms does not automatically result to the termination of the Terms for the activation and use of Linked Account.

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 solely or principally for purposes of participating in Competitions or otherwise not for its intended purpose; or

i)  use the Services to engage in or promote any other activity that violates these Terms or the Partner Institution Terms.

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 is suspended or closed for any reason.

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.

14.5. If your Profile is closed for any reason:

a) you will lose permanently any remaining Coin Balance or Bonus Entries that you have on your Profile;

b) unless we close your Profile in accordance with paragraph 14.2, any unpaid cash winnings or rewards will be credited to your Electronic Money Account within 2-3 days of your Profile being closed;

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.

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 will also not be liable to you for loss or damage sustained by you or any third party as a result of:

a)  loss of opportunity;

b) any damage caused to your, or any other person’s, computer system, phone or other device caused by using our Services;

c)  computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections;

d)  lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions;

e)  inability to access any part of our Services;

f)  any other technical malfunctions, failures, difficulties or other errors of any kind or nature; and/or

g)  any incorrect, incomplete or inaccurate information supplied by you while participating in the Services.

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

18.1. 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.

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 support@everup.uk.

19.2 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.

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. General

20.1Governing 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.

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