Yonder (Yonder Technology Ltd) Credit Card
Credit Card Agreement regulated by the Consumer Credit Act 1974
This is a copy of your agreement for you to keep.
Once you accept this agreement you can access a signed copy in your mobile app at any time. The signed copy will not show any changes we may make to the agreement from time to time, but any updated terms (once notified to you) will always be available on our website or via the app.
Who is this agreement between?
The parties to this agreement are:
- Yonder Technology Ltd (“us”, “we”, “our”);
- Transact Payments Limited ("TPL"); and
- you, the cardmember who signs the agreement.
Yonder Technology Ltd provide running-account credit through the Yonder Mastercard credit card which is issued by TPL. TPL is authorised and regulated as an e-money institution by the Gibraltar Financial Services Commission (company incorporation number 108217).
TPL’s address is 6.20 World Trade Center, 6 Bayside Road, Gibraltar GX11 1AA.
Yonder Technology is solely responsible for the issuing of credit under this agreement. TPL is solely responsible for the issuing of the Yonder Card pursuant to its licence by Mastercard International and is a party to this agreement for the sole purpose of fulfilling its responsibilities under the Financial Services (Payment Services) Regulations 2020 of Gibraltar and other legislation applicable to the provision of payment cards. TPL does not issue credit under this agreement and is not authorised by a competent authority of any jurisdiction as a lender. Any change to this agreement required as a result of TPL’s aforementioned obligations will be subject to a 60-day notice period rather than the 30-day notice period.
PART 1 OF YOUR AGREEMENT
1. Contact Details
Our address: 69 Old Street, London, EC1V 9HX
Email address: email@example.com
You can also contact us using the in-app chat on your Yonder mobile app.
2. Membership tiers
There are two tiers of Yonder membership: (i) Free and (ii) Full. The membership tier you have selected as at the date of this agreement is shown above, or if you have changed membership, is shown in your mobile app.
Please confirm in the mobile app or via the in-app chat if wish to move membership tiers. If approved, you will be notified of your new interest rate, credit limit, and, for those moving to our Full Membership, your membership fee. If you move to our Full Membership, the changes will take effect immediately. If you move to our Free Membership, we will give you 30 days’ notice unless you request the changes to take effect immediately.
You will not be allowed to move between membership tiers if:
- you have any outstanding missed payments on your accounts (also called “arrears”) or you are otherwise in breach of this agreement; or
- your account balance is above the credit limit we offer in the new membership tier.
If you have any questions on your membership tier, or how you move between tiers, please contact us.
3. What is the credit limit?
3.1 How much can you borrow?
See the credit limit in the app.
Your credit limit is determined based on (a) the Yonder membership you have chosen and (b) our assessment of your financial circumstances. We will continuously monitor your credit limit and can adjust it (up or down). If we reduce your limit, we will give you 14 days’ notice, unless we don’t think it’s appropriate (for example, if we reduce your limit based on an assessment or risk or your ability to repay).
We won’t increase your limit unless you want us to, but from time to time, we may tell you that a credit limit increase is available. If we do this, you can choose to exercise your right to that higher credit limit within the time we tell you (which will be at least 30 days).
A higher credit limit may offer greater flexibility and convenience to meet your financial needs, but it may also increase the risk of borrowing too much, which could be expensive or take a long time to pay off. You should carefully consider whether you need a higher limit.
You can also at any time:
- lower your credit limit to the nearest £100 of your choosing (provided it is above the applicable minimum credit limit for the account) and we'll always reduce it; or
- advise that you don't want to receive any offers for future credit limit increases.
You can make any of these changes in your mobile app either via the appropriate screens or advise us to via the in-app chat.
3.2 Limits for Different Uses or Transactions
We may set and vary limits and restrictions on certain uses of the Yonder Card or certain transactions. For example, cash advances or contactless purchases may be subject to maximum amounts. You can find out if there are such limits by checking your mobile app or this agreement. We may also communicate such limits to you directly.
The transaction limit is (subject to your credit limit):
3.3 Keeping within your credit limit
Your balance should not go over the credit limit. If we allow a transaction that takes you over your limit, we will ask you to pay enough into the account to bring it back within the limit immediately.
4. Information for comparison
APR: Available in the app
Total Amount Payable: available in the app
When we work out the APR and Total Amount Payable, regulations require us to assume that:
a) you make one purchase of your credit limit in the app at the start of the agreement;
b) there’s no change in the interest rate and no other fees or charges apply; and
c) you repay everything you owe us (but not including membership fees, if any) in 12 equal monthly payments.
If you have chosen our Full membership, we also assume that:
d) we charge you a monthly membership fee on the first day of the month after you enter this agreement and on the same date each month thereafter; and
e) you repay the monthly membership fee each day we charge it to the account.
If you opt to change membership tier, your APR will be different to what is shown above, but your new APR will always be shown to you before you make your selection.
5. Interest rates
5.1 Explaining the Interest Rates and how we work out interest on your account
Simple Rates: Your simple interest rate (also called the Simple Rate) is what we use to work out how much interest you’ll be charged each month. It is a variable rate, meaning it moves in line with the Bank of England Base Rate (we call this the Base Rate). The prevailing Base Rate as at the date of this agreement is assumed to be 4.73%. We may also change your Simple Rate for other reasons. Section 10 below provides more information on what happens if the Base Rate or Simple Rate changes.
Compounding Rates: We use your Simple Rate to work out the interest we charge you. We calculate the interest charge on unpaid transactions daily and then add the interest to your account every month when we produce your statement. If you do not pay your balance in full each month, we will charge interest on interest. This is called ‘compounding’. As this rate includes the payment of interest on interest, it will be greater than your Simple Rate. This means that whenever the Base Rate changes, the change in the Compound Rate will be slightly higher than the change in the Simple Rate. When we refer to the interest rate, we generally mean the Compound Rate unless we otherwise specify.
5.2 Applicable Rates
The rates that apply to your account may be different depending on what membership tier you are on and the type of transaction on your account. The membership tier you have selected as at the date of this agreement is shown above, or if you have changed membership, will be shown in your mobile app. The applicable rates as at the date of the agreement are as follows:
Purchase transactions are any purchases of goods and services but do not include the card membership fee.
Cash advances are any transactions we regard as cash withdrawals or cash-like payments but always excluding non-permissible transactions.
5.3 When is interest payable?
Interest will not be charged on new transactions if you pay the total balance you owe on each monthly statement by each payment due date (as shown on your statement). Interest will be charged on all other transactions from the date a transaction is applied to your account until the total statement balance is paid in full.
For example, if your payment due date is the 15th of each month:
- You WON’T pay interest on purchases or cash advances made in June: if you pay the full amount you owe in June (as shown in your June statement) by 15th July.
- You WILL pay interest on purchases or cash advances made in June: If you don’t pay the full amount you owe in June (as shown in your June statement) by 15th July, even if you pay the full amount you owe following this date.
- You WILL pay interest on purchases or cash advances made in June AND July: If you pay the minimum payment in June (as shown in your June statement) by 15th July, and if you pay the minimum payment in July (as shown in your July statement) by 15th August.
5.4 How we work out interest on your account
We convert the annual simple interest rate for each type of transaction into a daily rate (using the actual number of days in a year). We then apply this rate to the amount you owe each day for each type of transaction; and then on each statement date, add the interest charge for each type of transaction to your account.
6. How are repayments made?
6.1 When you need to make payment
You must pay at least the minimum payment each month by the due date shown on your statement. This will be the same date each month. For example, if your due date is the 15th of the month, it will always be on the 15th of the month.
You can always pay more than the minimum payment to reduce the amount you owe and the amount of interest you have to pay.
If we don't ask you to pay any arrears, they'll be due with your minimum payment. We'll use any payment you make to pay off arrears before any other amounts you owe us.
We won't treat any payment we make into your account or any refund given by a retailer for a purchase as payment made by you.
If you pay more than you owe us under this agreement, we'll return the amount you've overpaid.
6.2 How we calculate your minimum payment due
The minimum payment is the higher of the following amounts:
- £35 (or the total amount you owe us if less); or
- 5% of the statement balance plus any interest, fees and charges.
7. How to pay
You must make payments to us in Pounds Sterling by any method set out on your statement or any method we otherwise tell you about or permit you to use. If payments are made by a bank account, it must be a personal bank account in your own name.
We'll apply any payment to your account on the day we receive it, as long as this is within our business hours. We'll apply any payment we receive after that time on the next business day.
8. How we apply payments
We pay off amounts you owe at the highest interest rates before amounts charged at lower interest rates and we'll apply payments to amounts that have appeared on your statements before amounts that have not yet appeared on your statements.
9. Fees and charges
9.1 Enforcement and Tracing Costs
We may charge you our reasonable costs for enforcing the agreement, for example debt collection costs or costs relating to legal proceedings. We may also charge all expenses and costs that we may incur in tracing you if you change address without first notifying us.
9.2 Card Fees
The physical Card Fees you pay will depend on whether you are on our Full or Free membership.
Full Membership: If you have a Full Membership, you will have the option to order a Premium Card. This card will be free to order, but we will charge you £50 for the cost of the card and delivery if you cancel your Full Membership within 3 months. If you lose your card, we will replace the first one for free, but for any additional replacements we will charge you £50. The Premium Card can only be used with the Full Membership tier.
Free Membership: If you have a Free Membership, you will have the option to order a Plastic Card for a £5 card and delivery fee. If you lose your card, we will charge you £5 if you wish to order a replacement.
9.3 Membership Fees (Full Membership Only)
For our Full Membership, we charge a monthly membership fee. You can choose to pay the membership fee annually in the app after you sign this agreement or change to a Full Membership:
- Monthly: the fee if you pay monthly is £15 a month
- Annually: the fee if you pay annually is £160 a year
We'll charge your membership fee (subject to any applicable promotions) on the first day of your billing cycle after you enter this agreement or change to a Full Membership and monthly, or annually, thereafter.
Membership fees are non-refundable, except if you have paid an annual membership fee and the agreement is ended either (i) by us, without giving any reason, or (ii) by you, if you don’t wish to accept a change we have made to the agreement and you let us know you would like to end the agreement within the relevant notice period. If so, you will be charged an amount equivalent to the monthly membership fee for each month before the agreement ended and the balance of the annual membership fee will be credited to your account.
10. Can this agreement be changed?
10.1 When we make changes
As this agreement is not for a fixed period, we're likely to need to make changes to interest rates, fees and other terms and the services we provide for reasons we can't predict when the agreement was made.
We've set out some specific reasons for making changes to the agreement but if any of these don't apply, we may still make a change as long as we:
- tell you in advance about the change; and
- make clear that you can end the agreement without additional charge if you don't want to accept the change.
10.2 Changes in the Base Rate
Changes to the Base Rate will be applied to your account from the day after your next statement date, except as follows:
- We choose not to apply (or choose to delay) an increase to your interest rate which would otherwise apply because of an increase in the Base Rate at any time.
- As the Base Rate we apply will never go below 0%, this means that we will disregard any change to the Base Rate while it remains below 0%.
10.3 Our main reasons for changes (other than changes in the Base Rate)
We can change the agreement, including by changing: your Simple Rate beyond the applicable Base Rate, the way interest rate changes take effect or the way we charge or calculate interest (this might include moving away from a basis where the interest rate tracks the Base Rate completely to some other basis), or changing or introducing fees for any of the following reasons:
- where the costs to us of providing your account change or we have a good reason to expect that they will change;
- where we're changing the way you can use the account;
- where we're changing the membership benefits offered with your account;
- where the change is either good for you (including where we're making the change to improve the security of your account or we're making the agreement clearer or fairer) or neutral;
- to reflect changes or developments in the technology or systems which we use;
- where we're making the change to reflect a change in law, regulation or industry codes of practice (including where we have a good reason to expect a change), or to reflect a decision by a court, regulator or the Financial Ombudsman Service (or equivalent); or
- where we have a good reason to think that a change in your circumstances means that the risk that you might not be able to repay us has increased.
10.4 Telling you about changes
If we're changing your interest rate because the Base Rate has changed, we will email you on your contact email address before the change takes effect. We will tell you what the change has been to the Base Rate and how that change will affect payments to be made, using an example.
If we're increasing your interest rate because we are increasing your Simple Rate beyond the applicable Base Rate, we'll give you at least 60 days' advance notice of the change and you'll be able to opt out of the increase by notifying us before it takes effect as explained below.
For all other changes, we'll give you at least 30 days' advance notice of the change, unless the change is not to your disadvantage. In this case, we'll give you notice but we may make the change more quickly, including on the same day as the change is notified to you. We'll always give you details of when the change will take effect. If you don't want to accept any change, then you can always end this agreement by paying off all the amounts you owe us and telling us to close your account (see 'Ending your agreement' in Part 2). If you don't do this, we'll assume you've accepted the change.
10.5 How to opt out of an interest rate increase
You cannot opt out of interest rate increases resulting from changes in the Base Rate, but you can opt out of an increase in your Simple Rate for any other reason and carry on paying off what you owe us at the old rate. If you would like to do this, you must tell us within 60 days of us telling you about the proposed increase in your Simple Rate. Your account will then be suspended and you will not be able to make further purchase transactions with immediate effect. This agreement will stay in place until you've paid everything off, and you'll still have to keep to the agreement - membership fees will continue to be charged. If you do opt out, the interest rate on your account will remain at the level it was when you opted out and will not continue to change in line with changes in the Base Rate. Until you've paid off everything, we'll still be able to change any of the other terms of the agreement except your Simple Rate.
11. Some other things you need to know
11.1 Credit intermediary
When you first applied for your agreement, you may have dealt with a credit intermediary (such as an internet comparison website), for example, one of the following:
- Clearscore.com operated by Clear Score Technology Limited, Vox Studios, Vg 203 1-45 Durham Street, London, United Kingdom, SE11 5JH;
- Moneysupermarket.com operated by Moneysupermarket.com Ltd, Moneysupermarket House, St David's Park, Ewloe, CH5 3UZ;
- Experian.co.uk operated by Experian Limited, The Sir John Peace Building, Experian Way, NG2 Business Park, Nottingham, NG80 1ZZ; or
- Creditkarma.co.uk operated by Credit Karma UK Limited, 3rd Floor, 207 Regent Street, London W1B 3HH.
11.2 Your Right to Withdraw
You have a right to withdraw from this agreement, without giving a reason, by advising us on your mobile app via the in-app chat or emailing us on firstname.lastname@example.org. Your right to withdraw ends 14 days from the day after you sign this agreement.
If you withdraw, you must repay everything you owe us (except any fees) without delay and in any case within 30 calendar days, starting the day after you tell us that you want to withdraw. You can do this in your mobile app or by making a payment in any other way we might tell you.
If you don't repay us within 30 days, we may charge interest at the rates in this agreement until everything is fully repaid. You can contact us for details of what interest will be payable, and we will provide these details to you without delay.
11.3 Signing the agreement
This document (Part 1), together with the "How your Yonder Account Works" document (Part 2) make up your agreement. You should read both Parts before you make your first purchase. We will request that you sign via your mobile app. You'll find a link to your full agreement, including Part 2, on your mobile app when signing.
PART 2 OF YOUR AGREEMENT: How Your Yonder Account Works
12. Using the Yonder Card
You will normally be able to use the account when we have issued you your Yonder Card.
You may use the Yonder Card up to your credit limit for purchases and for cash advances subject to the limits and restrictions set out in this agreement.
You will be issued a virtual card which can be accessed via the mobile app. You may also request a physical card subject to applicable fees (see section 9.2 Card Fees). The term “card” or “Yonder Card” refers to both your virtual card and your physical card if you have one.
13. Using a third party provider (TPP)
A TPP is a third party service provider that's authorised by or registered with the Financial Conduct Authority (FCA) or another European Economic Area (EEA) regulator or otherwise permitted by law to access your account information.
You can choose to authorise TPPs to provide services to you by accessing your account. If you use a TPP, the terms of this agreement will still apply. We'll give the TPP access to the same account information that you'd be able to access if you were dealing with us online.
We may also refuse to allow a TPP to access your account if we're concerned about unauthorised or fraudulent access by that TPP. If we do, we'll tell you why in the way we think most appropriate (unless doing so would compromise our reasonable security measures or otherwise be unlawful).
14. How you can authorise and cancel transactions
To access the credit available to you, you authorise a transaction by presenting a Yonder Card or providing your account details and, if required, using your security details (such as a PIN, passcode, personal identifiers, biometric data or other details).
You can't cancel purchases you make with a Yonder Card, but you can cancel other transactions that you've asked us to make in the future or regular payments (such as monthly direct debits).
15. When we can refuse to make a transaction
We may refuse to authorise a transaction if:
1. we have reasonable grounds to suspect unauthorised or improper use or fraud;
2. we reasonably consider that acting on your instructions might lead to:
- a breach of law, regulation, code or other obligation; or
- action from a government, law enforcement agency or regulator; we're legally required to;
3. use of the Yonder Card would be prohibited;
4. you have insufficient credit available;
5. the transaction would exceed the transaction limit in section 3.2 of some sort or take your account over your credit limit; or
6. the transaction is not permissible under the terms of this credit agreement. Non-permissable transactions include:
- gambling transactions;
- quasi-cash transactions (e.g. purchases of alternative currencies or other items which can be easily convertible into cash);
- cash advances in sanctioned countries; or
- illegal transactions.
You may not use your account for illegal activities or in a manner which disguises the true nature of the transaction, for example, by obtaining cash through a transaction which you know will be treated as a purchase of goods and services, or by using your Yonder Card at a merchant you own or control. Such use will be a breach of this agreement and may lead to suspension of your account.
If we do refuse a transaction, you'll normally be told at the point of sale. In all cases, you can find out about transactions we've refused, including the reasons why or any limits we may have put on your Yonder Card, via our in- app chat on your mobile app. We'll let you know this information unless the law or any regulation prevents us from doing so or for fraud prevention or security reasons.
You can use the Yonder Card to carry out a transaction at any merchant which accepts Mastercard. Certain merchants may not accept transactions made through the Yonder Card and neither we nor TPL accepts any liability for a merchant's inability to accept payments made through the Yonder Card. It is your responsibility to check what restrictions a merchant may apply.
16. Transactions you haven't authorised
You're not responsible for any transactions:
- made using the physical Yonder Card before you receive it (for example, if your physical Yonder Card is stolen in the post);
- where we haven't told you how you can contact us to notify us that your Yonder Card or security details have been lost, stolen or compromised;
- if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you; or
- not authorised by you or any person you allowed, in breach of the agreement, to use your account or Yonder Card.
You're responsible if you:
5. use your account or Yonder Card fraudulently.
If there are errors in a transaction and this is our fault, we'll give you a refund of the amount of the payment plus any extra interest and charges that you incur as a result, provided you tell us about the errors without undue delay and in any event no later than 13 months after the date on which the transaction was debited to your account. We may then resubmit the correct transaction.
If upon contacting us, you wish to dispute a transaction, we'll initiate an inquiry and may suspend the transaction on your account if we reasonably consider there to be a valid dispute. Once investigations are complete, we'll adjust your account accordingly.
17. Transactions for unexpected amounts
If you make a purchase and at the time that you authorised it, you didn't know exactly how much you were going to be charged (for example, at a hotel check-in) you can request a refund from us if the amount charged is more than you reasonably expect and you ask for the refund within 8 weeks from the date of the statement on which the purchase appears.
You'll need to provide us with all the information we reasonably ask for and we may provide this information (including personal information) to third parties investigating your claim. We'll conclude our investigation within 10 business days of us receiving all required information and either make the refund or tell you why we've refused your claim.
You're not entitled to a refund if you gave consent for a transaction directly to us and, at least four weeks before the transaction was made, you were given information about the transaction (or it was made available to you) by us or the retailer. For example, at the time you placed an order, the exact amount was unknown but was later confirmed to you at least four weeks before your Yonder Card was charged.
18. Theft, loss or misuse of the Yonder Card or account
- a) keep your Yonder Card safe and secure (including using device passcodes, biometric data or other security details where applicable);
- b) not let others use the account or Yonder Card and regularly check you still have the Yonder Card;
- c) not give the Yonder Card or card number to anyone else other than us, or for the purpose of making a transaction and not share your security details with anyone else (other than us or a TPP if it's necessary to do so); and
- d) choose a PIN or passcode that is not easy to guess.
You must have the Yonder mobile app installed on your device to enable management of your account. As part of this you must:
- a) keep your device and your security details safe and secure at all times, in the same way you would your card or PIN;
- b) always use the lock feature on the phone or other device, where applicable; and
- c) never share your security details or allow another person to have access to the device in a way which allows them to make transactions using the Yonder Card registered on the device.
You must tell us straight away if you suspect:
- a) a Yonder Card has been lost or stolen or not received;
- b) a mobile phone or other device to which a Yonder Card has been registered has been lost, stolen or compromised;
- c) someone else knows a PIN or other security details; or
- d) the account or a Yonder Card is being misused or used without authorisation, or a transaction on the account has not been authorised or has been processed incorrectly.
Our contact details are at the beginning of this agreement. You must keep your security details (such as your username, password or other details) and also your mobile phone or other device to which the Yonder Card has been registered safe and secure.
19. Missing payments
Missing payments can have serious consequences. It could mean:
- your credit rating may be affected, making it more difficult or expensive to obtain credit; and
- legal action (which could include getting a court order giving us the right to payment out of the sale proceeds for your home or other property) or bankruptcy proceedings may be taken against you to recover any debt owed under this agreement.
20. Payments into your account by mistake
If we make a payment into your account by mistake or as a result of a systems error, we'll automatically take the amount out of your account.
If we're told that a payment was made into your account as a result of someone else's mistake (for example, if the payer gave the wrong account number or reference), but, when we contact you, you tell us the payment was intended for you, we may be legally required to share all relevant information including your name and address and transaction information with the bank the payment came from if they ask us so that the payer may contact you.
21. Converting transactions made in a foreign currency
If we receive a transaction or refund for processing in a foreign currency, we'll convert it into Pounds Sterling on the date it's processed (which may be different to the date of the transaction or refund). This means that the exchange rate used may differ from the rate that applied on the date of your transaction or refund. Exchange rate fluctuations can be significant.
The exchange rate we use will be the Mastercard foreign exchange rate and we will not apply a transaction charge.
In order to allow you to compare charges for currency conversion, you can view the real-time percentage difference between the amount that will be charged on your Yonder Card for a foreign currency Transaction (consisting of the mark-up applied by Mastercard) and the latest available euro foreign exchange rates issued by the European Central Bank. You can view this information on the Yonder website. We do not add any additional mark up to the exchange rate.
When you make a transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your transaction into Pounds Sterling before submitting it to us. If you decide to do this, the exchange rate and any commission or charge will be set by the third party and may include a commission or charge. As we'll receive a transaction converted by a third party in Pounds Sterling, we won't apply a non-sterling transaction fee.
22. Statements and legal notices
We'll send statements to you via your mobile app monthly. This will include details on your activity for the month.
We may send you notices (including any information we're legally required to send you, such as information about changes to this agreement or other agreements we have with you) on or together with your statements.
In addition to payment information, each statement will show all transactions and amounts charged to your account in the statement period and the total account balance.
Always check each statement and contact us as soon as possible if you need more information about anything. Where we are required to do so by law, we will send certain legal notices to you by post.
23. Contacting you
We may send you important messages and other communications (including alerts about certain activity on your account) about your account, card or membership benefits in line with your preferences. This could be by email, SMS, mobile push notifications or via your statements on your mobile app. For example, we may send you an alert to confirm that you've updated your contact information.
There are some messages we need to send you (such as statements of your account or security alerts), but you can opt out of receiving other alerts or communications (such as marketing) by updating your preferences on your mobile app or contacting us via the in-app mobile chat.
If we need to contact you about any actual or suspected fraud or security threats, we'll do this using the fastest and most secure way of contacting you (for example, we may try to send you a text message rather than calling you).
It is important to note that we will never contact you and ask for the following: your full card number, your physical card, or your full card PIN number.
24. Changing your contact details
We'll use your most recent contact details to contact you. You must notify us immediately if you change your residential address or email address. Your residential address for your account must always be an address in the United Kingdom.
We may update your contact details if we receive information that they have changed or are incorrect. If we've been unable to deliver any communications or these have been returned, we may stop attempting to communicate with you until we receive accurate contact information.
Any legal notices will be posted to you on your mobile application or sent to your last known mailing address or email address.
25. Suspending your account
We may suspend your account or any feature on your account if:
- a) you tell us to close your account, or we tell you we are closing your account;
- b) we consider it necessary for the security of the account;
- c) you're in breach of the agreement;
- d) we are required to do so for any legal, regulatory or financial crime prevention purposes;
- e) we reasonably believe that any information you have given to us is untrue, incomplete, incorrect or misleading in any material respect;
- f) we cannot process your transactions due to the actions of third parties;
- g) we suspect unauthorised, negligent, improper and/or fraudulent use;
- h) we reasonably think there's a significantly increased risk that you'll not be able to repay us; and
- i) you've repaid more in interest and charges than the amount you've borrowed on your card for a sustained period.
We'll normally notify you beforehand or immediately afterwards and may provide you with the reasons.
If your account is suspended, you must not use the card and inform retailers not to seek to take any further payments from your account. We'll allow you to use the account, if the reasons we suspended your account in the first place no longer apply. You can tell us this is the case and request reinstatement via live chat within our mobile app or via email.
26. Ending your agreement
This agreement will have no fixed duration and will continue until you or we end it in accordance with its terms. You and we can end it without giving any reason. You can do this at any time in your mobile app, by calling us or writing to us in the in-app chat to tell us to close your account and by paying off all the amounts you owe.
We can do this by giving you at least two months' written notice, but we may end this agreement immediately if:
- a) you repeatedly fail to pay minimum payments on time or go over your credit limit;
- b) you seriously or persistently breach this agreement;
- c) you give us false or misleading information;
- d) steps are taken to make you bankrupt or to make you the subject of any form of debt relief process ;
- e) we reasonably consider that by continuing the agreement we might:
- o breach a law, regulation, code or other obligation; or
- o face action from a government, law enforcement agency or regulator
- f) you become incapacitated or die;
- g) you behave in an abusive or threatening way to our staff;
- i) we have reasonable grounds to believe you're unable or unwilling to pay your debts when due.
In any of these circumstances and subject to the requirements of the Consumer Credit Act 1974, we may close your account and require you to repay immediately all amounts you owe us under this agreement in full together with any interest and charges that apply.
If you're having or may have difficulty making payments, please contact us as soon as you can. We'll always follow any legal requirements to provide you with notices before we end the agreement.
The agreement will only come to an end once you've paid off all amounts you owe us. Until then:
- a) all of the terms of the agreement will continue to apply (including our right to change the terms of the agreement);
- b) you will have no rights under it to use the account or the card to make transactions; and
- c) your card benefits will stop.
You must destroy all cards when the agreement ends.
27. Set off
We may, at any time, without notice or demand, set off against any credit on your account any amount you owe us until everything you owe us has been fully repaid.
28. Membership benefits
Membership benefits that are offered with your account (for example, rewards points or insurance) are subject to separate terms and conditions. We'll communicate separately with you in relation to those benefits.
Please note that membership benefits (such as any applicable insurance) will end when your card account is terminated.
29. Complaints about us
If you have a complaint about your account or the service you've received, please contact email@example.com.
If you're unhappy with the way Yonder deal with your complaint you may be able to refer your complaint to the Financial Ombudsman Service by writing to Financial Ombudsman Service, Exchange Tower, London E14 9SR, calling 0800 023 4 567 or 0300 123 9 123 or sending an email to complaint.info@financial- ombudsman.org.uk. You can find out more about the Financial Ombudsman service on their website at www.financial-ombudsman.org.uk.
If your complaint relates to transactions made via your card, you can contact TPL by emailing firstname.lastname@example.org. If TPL's Complaints Department is unable to respond to your complaint immediately, you will receive confirmation that your complaint has been received and a formal investigation will be conducted. You will receive a formal response of their findings within 35 Business Days of receipt of your complaint. TPL will make every effort to reach a resolution to your complaint and will fully explain the reasoning behind their decision.
In the unlikely event that TPL is unable to resolve your issue to your satisfaction you have the right to refer your complaint to the Gibraltar Financial Services Commission at: Payment Services Team, Financial Services Commission, PO Box 940, Suite 3 Ground Floor, Atlantic Suites, Europort Avenue, Gibraltar or email email@example.com.
30. How we're regulated
We are authorised and regulated by the Financial Conduct Authority under registration number 946219.
The Financial Conduct Authority, 12 Endeavour Square, London E20 1JN, is the supervisory authority for this agreement under the Consumer Credit Act 1974.
TPL is authorised and regulated by the Gibraltar Financial Services Commission.
31. Claims against retailers or other third parties
Under section 75 of the Consumer Credit Act 1974, if you use your card to buy any item of goods or services costing between £100 and £30,000, then you may have a claim against us as well as the supplier if, for example, the goods or service are not properly supplied, are faulty or not as described.
If you dispute a purchase transaction with a retailer or other third party, we may credit the account for all or part of the disputed transaction.
If we do so, whether we were legally required to make the refund or not, you agree that you're automatically deemed to assign and transfer to us all rights and claims (excluding tort claims, such as negligence) against the retailer or other third party.
You agree that you won't pursue any claim against the retailer or other third party for the credited amount, and you must cooperate with us if we decide to do so. Where necessary to pursue a claim, we may need to use your personal information (including disclosing it to the retailer or other third party) to do so but we will notify you of such use where this is the case.
32. How we use your information
For the purposes of the Payment Services Regulations 2017, you explicitly consent to us accessing, processing, and retaining any information you provide to us, for the purposes of providing payment services to you. This does not affect any rights and obligations you or we have under data protection legislation. You may withdraw this consent by telling us to close your account. If you do this, we'll stop using your data for this purpose, but may continue to process your data for other purposes.
33. Assigning the agreement
You may not sell, assign or transfer your account or any of your obligations under this agreement.
We may transfer any of our rights and/or obligations, or assign any of our rights, under this agreement.
If we transfer all of our rights and/or obligations, or assign all of our rights, under this agreement, we will provide you at least 30 days' written notice of such proposed transfer or assignment. You can close your account within that notice period by repaying your outstanding balance in full and following the steps set out in Section 7 above.
We do not need to give you any notice of a proposed transfer or assignment to one or more third parties who then appoint us (or another organisation which may not be connected with us) to manage this agreement on their behalf so that we (or such other organisation) have the right to collect repayments from you on their behalf and apportion such payments to those third parties on such terms as we may agree with them. You agree that we shall be entitled to do this provided that your rights under this agreement and the Consumer Credit Act 1974 are not affected.
34. Waiver of rights
We may choose to delay enforcing or to not exercise rights under this agreement. If we do this, we do not waive our rights to exercise or enforce them on any other occasion.
35. Language and governing law
This agreement and all communications between us concerning this agreement shall be in English.
English law applies to this agreement unless you entered into it in Scotland or Northern Ireland, in which case the law of that jurisdiction will apply. You agree that any dispute concerning this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales, unless you reside in Scotland or Northern Ireland in which case you or we may also bring a claim in those jurisdictions.
36. Taxes and duties
You must pay any government tax, duty or other amount imposed by law in any country in respect of the card, any transaction on your account or any use of the account by you.
37. Limitations on our liability
If we break this agreement, we won't be liable to you for losses and costs caused by abnormal or unforeseeable events, that we cannot reasonably control and which would've been unavoidable despite all reasonable efforts to prevent the event happening.
38. TPL’s Liability
TPL shall not be liable for any loss arising:
- (a) from any default resulting directly or indirectly from any cause beyond its control, including but not limited to, a lack of funds and/or failure of network services at ATMs, maximum withdrawal limits set by ATM operators and failure of data processing systems;
- (b) from any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
- (c) from any use of your card that is contrary to this agreement;
- (d) for goods or services that are purchased with the Level Card; and
- (e) for any damages due to loss, fraud or theft that you have reported to us 13 months after the event.
- a) TPL will not be liable to you if your contact details have changed and you have not told us.
- b) Where your card is faulty due to TPL's default, TPL's liability shall be limited to the replacement of the Card.
- c) Where sums are incorrectly deducted from your account due to TPL's default, TPL's liability shall be limited to payment to you of an equivalent amount.
- d) Nothing in this agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
- e) To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
- f) The above exclusions and limitations set out in this paragraph shall apply to any liability of TPL's affiliates such as the card scheme (currently Mastercard), and other suppliers, contractors, distributors and any of their respective affiliates (if any), to you, which may arise in connection with this agreement.
Signing the Agreement
By signing below:
- a) you agree to the terms of this agreement;
- b) you confirm that the information you have given us is true and correct. you confirm that you are over 18 years of age; and
- c) you request us to issue you with a card (including any replacement cards or other cards covered by this agreement).
Signatures of the parties
Signature of customer: I accept the terms of this agreement and agree to be bound by them:
Date of signature:
Signature of Yonder Technology Ltd: Thesokkumar Jivajirajah
Signature of Transact Payments Limited: Aaron Carpenter