Last Updated: 16/02/2021
Terms of Service
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 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. 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:
a) these terms of service;
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 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.
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).
- “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.
- “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.
- “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” is defined in clause 6.1.
- “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.
- “Partner Institution Terms” is defined in clause 6.4.
- “Profile” means your registered EverUp account.
- “Terms” is defined in clause 2.2.
- “Services” is defined in clause 1;
- “Third party Content” is defined in clause 12.
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.
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; or
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.
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 clause 10.
5.1. In order to use our Services, you must:
a) be a legal resident of Great Britain;
b) be 18 years of age or older;
c) not be a US citizen (including dual citizens);
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 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.
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;
e) you will immediately notify us if you discover or otherwise suspect any unauthorized access or use related to the Services or your Profile;
f) In order for EverUp to fulfill third party and AML requirements, you understand that you will need to provide us with proof of address additional to the ID at registration; failure to do so may result in your account being blocked and you being unable to withdraw the money until all the required documentation is provided; and
g) you understand that you will be unable to claim any prizes if you are an employee or directly related to an employee of EverUp.
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. Loading funds onto your Electronic Money Account
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 “Open an Account”.
6.2. When you open the Electronic Money Account, you will be able to transfer money to it via your Bank Account (External Account) in the form of Faster Payments.
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 (“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 by logging into your Profile and going to the “Piggy Bank” section of our app.6.6.
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.
7. Our Services
7.1. One or more virtual Coins are required to participate in any and all Competitions on our Services (unless you have a 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 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.
Participating in Competitions
7.2. 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.
7.3. 7.3. Some Competitions offer you the opportunity to win cash prizes. If you win a cash prize, the value of the cash prize will be credited to the “winnings” section of your Profile unless the amount won is above £1,500 in which case please refer to clause 5.3 of the Competition Rules. You can transfer money from the “winnings” section of your Profile to your Electronic Money Account at any time via our app. Transfers will take 2-3 days to process. 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 pay cash prizes to you Electronic Money Account as a result of closure or suspension of your Electronic Money Account, or your failure to keep the information you provide to us accurate and up-to-date.
8. Your licence to use EverUp Content
8.1. 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.
8.2. Other than the licence granted to you in clause 8.1, 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.
8.3. 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.
9. User Conduct
9.1. 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.
10. Suspending and Closing your Profile
10.1. 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.
10.2. 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.
10.3. 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.
10.4. 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.
10.4. If your Profiles is closed for any reason:
a) you will lose any remaining Coin Balance or Bonus Entries that you have on your Profile;
b) unless we close your Profile in accordance with clause 10.2, any unpaid cash winnings 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 External Account of your choice providing that it has gone through the Due Diligence procedures;
d) any rights and obligations accrued by you or us up to the date of closure of your Profile will be not be affected; and
e) unless we closed your Profile in accordance with clause 10.2.a) or 10.2.b), you will still be entitled to payment of any cash prize(s) that you had won but which had not yet been transferred to you before your Profile was closed, provided that we have been able to verify that you were eligible to receive such prize(s).
11. No warranty
11.1. 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.
12. Third Party Content
12.1. 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.
13. Limitation of Liability
13.1. 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.
13.2. 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.
13.3. 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.
13.4. The Partner Institution[s][are] not in any way responsible for any Competition.
14. Data Protection
15.1. 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.
15.2. 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.
15.4. Availability outside Great Britain. Our Services are directed to people residing in Great Britain. We do not represent that content available on or through our Services is appropriate for use or available in other locations.
15.5. 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.
15.6. 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.