This policy was last updated on: 16th December 2020
- THESE TERMS
1.1 By downloading and using the HyperJar app (‘App’) you agree to these legal terms (‘Terms’) applying between you and HyperJar Limited (‘HyperJar’/us/we) in relation to your use of our Services and that English law and courts will apply. These Terms are made in the English language. Please read these Terms carefully and contact us if anything is unclear.
1.2 Under these Terms we will issue you with a prepaid HyperJar card for your own use. If you request a child sub-account, a separate HyperJar card will be issued for use by your child. You will be fully responsible for: (i) your child’s use of the sub-account and HyperJar card; (ii) your child’s compliance with these Terms; and (iii) ensuring that your child does not use the HyperJar card for any purpose where he or she is younger than the minimum age limit for the goods or services they purchase. You must explain to your child how to use his or her sub-account and HyperJar card in accordance with these Terms. These Terms will be solely and exclusively between you and us.
- WHO WE ARE AND HOW TO CONTACT US
2.1 Our company information. The App and the Services are operated and managed by HyperJar, which is registered in England and Wales with its registered office at 55 Baker Street, London, W1U 8EW and company number 10130583.
2.2 How to contact us. You can contact us by:
- using the chat feature in the App or on the website
- via social media platforms such as WhatsApp
- emailing us at: support@hyperjar.com
- sending mail to us at HyperJar, 55 Baker Street, London, W1U 8EW.
2.3 How we will contact you. We’ll contact you through the chat feature in the App or using the contact details (phone and email) that you provided when you registered – please keep these up to date in the App. By using the App you agree to receive electronic communications from us. If we have reasonable concerns either about the security of your HyperJar account, child sub-account(s), HyperJar card(s), or any suspected or actual fraudulent use of your HyperJar account, child sub-account(s) or HyperJar card(s), we will contact you via telephone, email, or both (unless contacting you would be unlawful or compromise our reasonable security measures).
2.4 Additional documents. The following additional documents also apply to your (or your child’s) use of our Services and should be read in conjunction with these Terms:
- Modulr Introduced Client Terms of Business. These govern the usage of the Electronic Money Account that is issued to you as part of this agreement and can be reviewed
- our privacy policy – we are committed to protecting and respecting your privacy. Our privacy policy explains how we will store, use and share your (and your child’s) Personal Data and how you can control and delete it
- our cookie policy – this provides information about the ‘cookies’ on our website
- acceptable use policy – this sets out restrictions relating to our Services
- FAQs – answers to common questions and how to guides.
2.5 How to get a copy of these Terms. You can always see the most current version of these Terms in the App or on our website www.hyperjar.com. You can download a copy of these Terms at any time and keep them for future reference. If we need to send you information in a form you can keep, we will either send you an email or provide information on our website that you can download. Please keep copies of all communications we provide to you.
- WHO CAN HAVE A HYPERJAR ACCOUNT?
3.1 Age restrictions. You must be at least 16 years old, resident in the UK, and have a UK bank account to have a HyperJar account. By downloading the App and registering for the HyperJar account you confirm that you are 16 or older.
3.2 Getting to know you. We carry out customer due diligence checks on you, and any parties involved in your transactions, in accordance with applicable law. If we ask you to, you agree to promptly provide evidence of your funding sources. You must provide us with complete, accurate, and up to date information at all times. We will not be responsible for any loss arising out of your failure to do so. You agree that we may make, directly or using a third party, any inquiries we believe are necessary to validate information you provide to us, including checking commercial databases or credit reports.
3.3 You can only have one HyperJar account. If we discover that you have more than one HyperJar account, at our discretion we may either merge or close any duplicate accounts, or terminate all of your accounts if we reasonably believe you have opened them in order to bypass any restrictions in the Services.
3.4 Your transactions. You can only use the HyperJar account to carry out transactions for yourself, not on behalf of any other person or legal entity. You also cannot allow anyone else to operate your HyperJar account on your behalf. This term does not affect jar sharing (see section 13) or child-sub accounts (see section 7).
- USING YOUR HYPERJAR ACCOUNT – ELECTRONIC MONEY
4.1 You can use your HyperJar account to:
- hold, send or receive electronic money;
- pay bills with certain participating merchants using electronic money;
- make advance payments by committing them to participating merchants (as set out in sections 5 and 13).
4.2 The HyperJar account includes an electronic money account. This electronic money account is separate to any advance payments that you have made to participating merchants. Any funds in your HyperJar account that have not been committed to a participating merchant as advance payments will be held as electronic money. The electronic money is issued to you (and held) under these Terms by Modulr FS Limited (‘Modulr’), a company registered in England and Wales with its registered office One Hammersmith Broadway, London, W6 9DL, UK and company number 09897957. Modulr is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (firm reference 900573) to issue electronic money and provide payment services. HyperJar is an agent of Modulr and enters into these Terms with you to distribute and redeem electronic money on behalf of Modulr.
4.3 Electronic money:
- will not expire, except when you close your HyperJar account – see sections 20.2 and 21.6 for more details;
- will not earn any interest or rewards;
- can be withdrawn at any time subject to certain conditions – see section 11 for more details;
- will belong to the person that is registered as the holder of the HyperJar account. This means that you are the owner of any electronic money in your child’s sub-account.
4.4 Your HyperJar card. A prepaid contactless HyperJar card is linked to your HyperJar account for your use and, if appropriate, your child’s use if you have applied for any child sub-accounts. The HyperJar card is issued to you under these Terms by Monavate Limited (‘Monavate’) pursuant to a licence from Mastercard International Incorporated. Monavate is registered in England and Wales with its registered office at Suite EF38, The Officers Mess Business Centre Royston Road, Duxford, Cambridge, CB22 4QH and company number 12472532. Monavate is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (register reference 901097).
4.5 HyperJar does not directly hold or process any of your money. HyperJar does not issue or hold electronic money, or provide payment services, but distributes and redeems electronic money on behalf of Modulr. Any obligations owed to you under these Terms or under financial services regulation relating to the issue or holding of electronic money, the provision of payment services, or the HyperJar card, are owed by Modulr and Monavate respectively, and not by HyperJar.
4.6 FSCS does not apply. You acknowledge that the UK’s Financial Services Compensation Scheme (‘FSCS’) does not apply. Your HyperJar account and any child sub-accounts are not a bank account and is not covered by the FSCS. Any electronic money in your HyperJar account is held by Modulr in segregated accounts held at the Bank of England. Please see our FAQ’s on how we protect your money.
4.7 Limits. There are limits that apply to your use of your HyperJar account and HyperJar card, including any sub-accounts and we also place restrictions on certain transactions, including how often and where you can use the HyperJar card. Please see our website for a full list of the applicable restrictions and limits.
4.8 More information. For more information about your HyperJar account and its key features, see our FAQs.
- USING YOUR HYPERJAR ACCOUNT – ADVANCE PAYMENTS
5.1 Paying in advance. Using your HyperJar account you can pay participating merchants in advance for goods and services that they will provide to you at a later date. In return for committing this advance payment to a merchant, merchants will provide rewards and discounts to you. You can also permit a Group Jar Member to commit an advance payment to a jar you have opened as a Group Jar Owner with a participating merchant as noted in section 13.
5.2 Participating merchants. Participating merchants appoint HyperJar as their agent to manage the processing and settlement of advance payments and redemptions on their behalf. HyperJar has no responsibility or liability for the merchant’s offers, its goods or services, or any related disputes or refunds. We do not act for you, or contract with you, under these Terms in relation to the advance payment. Your contract is only with the participating merchant.
5.3 The merchant is the promoter and operator of its offers. In the explore section of the App you can browse all available offers from participating merchants. The merchant is solely responsible for its offers and the terms and conditions that apply, as well as for the goods or services it provides. You need to agree to a participating merchant’s terms and conditions when you commit an advance payment to a jar with that merchant. Each advance payment committed by you to the merchant creates a separate contract between you and the merchant.
5.4 Merchant responsibility for advance payments. The merchant is responsible for any advance payments committed to them. The merchant has sole responsibility to honour such advance payments by allowing you and your permitted Group Jar Member(s) to purchase goods and services from its participating outlets and online in accordance with its offer terms. The advance payments are an amount that you or your Group Jar Member(s) have prepaid to the merchant as full or part payment for goods of services that the merchant will provide in the future – they are not regulated or protected as electronic money. Please see our FAQ’s on how we protect your money.
5.5 Spending advance payments. Advance payments committed to a merchant (and any accrued rewards) must be spent with that merchant. It is not possible to return funds held by a merchant to your HyperJar account or to transfer them to another participating merchant. Rewards (and the right to accrue rewards) cannot be transferred to another HyperJar account. You may be able to transfer some or all of your advance payments that have been committed to a merchant to another HyperJar user that wishes to have an advance payment with that merchant. There is no marketplace for transfers of advance payments; you are solely responsible for finding another user who agrees to take part in such a transfer. HyperJar has no responsibility or liability to assist you to find someone to transfer the advance payment to and does not guarantee:
- that any other HyperJar user will want to receive the transfer;
- that you will be able to find another HyperJar user to receive the transfer; or
- the amount of any compensation that another HyperJar user may pay you for the transfer, if any.
5.6 How to make an advance payment. You can make advance payments to a participating merchant by topping up your HyperJar account first (if necessary) and then committing money to that merchant. A Group Jar Member may also make advance payments as noted in section 13.
- ABOUT THE HYPERJAR CARD
6.1 The HyperJar card is a prepaid card. It is not a guarantee card, charge card, debit or credit card. You can activate the HyperJar card and any child cards by following the instructions in the App.
6.2 Your (or your child’s) spend. You spend Advance payments committed to a participating merchant, and redeem any accrued discounts and rewards, by using the HyperJar card and PIN in store and online. You can also use the HyperJar card and PIN (as required) to access any electronic money in your HyperJar account to pay for goods and services in store and online anywhere Mastercard is accepted, even if the retailer is not a participating HyperJar merchant. Please note that HyperJar does not allow transactions at certain merchant types; these are listed in our FAQs.
6.3. Your authorisation. You agree that any use of (i) your HyperJar card, card number or PIN constitutes your authorisation and consent to a transaction; and (ii) your child’s HyperJar card, card number or PIN constitutes your authorisation and consent to a transaction.
6.4 What happens if the HyperJar card expires? The HyperJar card has an expiry date, which is printed on it. When it expires, the HyperJar card will stop working. We may send out a new card before the expiry date if you have used your HyperJar card in the last six months and have a positive balance of advance payments with merchants or any electronic money.
6.5 Replacement HyperJar card. If you or your child do not receive a replacement card and want to continue using the HyperJar account you can contact Customer Support using the chat feature in the App and request a new HyperJar card at any time within the 6 year period from your last activity in the HyperJar account. A fee may apply for replacing your HyperJar card – see here. After 6 years of inactivity your HyperJar account will be deleted and you will need to apply again if you want to use the Services.
- CHILD SUB-ACCOUNTS
7.1 You may open child sub-accounts. You may open a sub-account in your HyperJar account for your child and obtain a HyperJar card associated with this sub-account if your child is between 6 to 17 years old. A child under 16 cannot apply for a HyperJar account or a HyperJar card themselves. When you register your child for a sub-account, you will need to provide his or her full name and date of birth. We may ask you to provide proof of age for your child. The HyperJar card and sub-account will be in your child’s name and is not transferable. Child HyperJar cards will be sent by post to the main HyperJar account address. You or your child cannot allow anyone else to operate your child’s sub-account or use his or her HyperJar card. You cannot open more than 6 sub-accounts (e.g. a maximum of 6 children). For more information about child sub-accounts and how to set them up see our FAQs.
7.2 Limits and controls. Any limits or restrictions applicable to your HyperJar account also apply to any child sub-account(s): these limits are not increased by you opening one or more sub-accounts. You can set your own limits and restrictions regarding your child’s use of the sub-account. We also place restrictions on the HyperJar card used for a child sub-account so that it cannot be used with certain adult merchants. For more information about the applicable limits and controls see our FAQs.
7.3 Notifications and monitoring. You will be able to see all activity on your child’s sub-account in your App in real time, including any notification. It is your responsibility to monitor and regularly check all activity on your child’s sub-account.
7.4 When your child turns 18. You agree that we can contact you when your child turns 18. Your child will need to upgrade to a full HyperJar account within 30 days of his or her birthday. If your child successfully upgrades by this time, you may agree to transfer the balance of any electronic money or any advance payments and the related rewards with merchants from the sub-account to your child’s new account. If your child has not successfully upgraded within 30 days, or you have not agreed that the balance of any electronic money or any advance payments and related rewards with merchants may be transferred, those balances will be transferred from the sub-account to your account and the sub-account will be closed.
- CHANGES TO THESE TERMS
8.1 Notice period. We may change these Terms by giving you two (2) months’ written notice. You will be considered to have accepted the proposed changes if you do not terminate these Terms by cancelling your account within the App as set out in section 20, or by giving us written notice, during the notice period.
8.2 Immediate changes. We may also make some changes immediately, without notice, if they:
- are required by law (we’ll give you as much notice as reasonably possible);
- relate to the addition of a new service or extra functionality of the App or our Services and do not affect terms relating to the existing Services.
8.3 If you don’t agree. If you do not want to agree to the new terms and conditions you should stop using the App and any HyperJar cards associated to your Account beyond the effective date of the new terms. If you keep using the App this date, we will consider you have accepted the change.
- HYPERJAR FEES
9.1 Free App. The App is free to download and HyperJar does not charge fees for using the HyperJar account. Some merchants may charge you a fee for using your HyperJar card. Any applicable fees charged by HyperJar regarding the HyperJar account and HyperJar card are set out here.
- LOADING MONEY INTO YOUR HYPERJAR ACCOUNT
10.1 £ Sterling only. Payments made into your HyperJar account must be made in £ Sterling and be from a UK bank account; we do not accept payments from non-UK bank accounts.
10.2 Paying in. You can load electronic money into your HyperJar account by transferring money from your UK bank account into your Wallet. This method of loading your HyperJar account is provided by third parties (e.g. your bank) and is not part of our Services. We may add additional methods of loading, or stop offering existing methods, at any time without notice to you.
