YONDER ACCOUNT & CARD TERMS AND CONDITIONS
Version 1.4
1. Who are these Terms between?
- 1.1. The parties to these Terms are:
- a) Yonder Technology Ltd (“us”, “we”, “our”);
- b) Transact Payments Limited (“TransactPay”); and
- c) you, the account holder who signs these Terms.
- 1.2. Yonder Technology is solely responsible for:
- maintaining the Yonder Platform to enable you to access your Yonder Account and the services available as part of your Yonder Account; and
- the issuing of credit under the Yonder Credit Agreement that you may choose to sign up to.
- 1.3. TransactPay is solely responsible for:
- issuing the Yonder Debit Card that you may choose to apply for; and
- issuing the Yonder Credit Card, in relation to the Yonder Credit Agreement that you may choose to sign up to.
- 1.4. Griffin Bank Limited (Financial Services Register number is 970920) (“Griffin”) is a bank and is responsible for opening your Yonder Account. Griffin is not a party to these terms and conditions, but you can learn more about Griffin by reading below.
2. What do these Terms cover?
- 2.1. These terms and conditions (“Terms”) form a legal agreement between you, TransactPay and us in respect of your Yonder Account and Yonder Cards. Please read through these Terms carefully and let us know if you have any questions.
- 2.2. Reference to “Yonder Card” in these Terms is a reference to both the Yonder Debit Card and the Yonder Credit Card, unless we specify otherwise.
- 2.3. A copy of these Terms will always be available through the Yonder app. These Terms only cover your usage of the Yonder Account and your Yonder Debit Card and Yonder Credit Card (as applicable). Any credit we provide you under the Yonder Credit Card will be subject to the Yonder Credit Agreement.
- 2.4. These Terms should be read alongside other Yonder terms and conditions that you have signed up to (e.g., your Yonder Credit Agreement and the Rewards Terms and Conditions). Where a term is used in capital letters in these Terms and in another Yonder agreement, it has the same meaning in each document unless we state otherwise. In the event of any inconsistency between these Terms and your Yonder Credit Agreement, these Terms will prevail, unless the inconsistency relates to your use of the Yonder Credit Card, in which case the Yonder Credit Agreement will prevail.
3. What is your Yonder Account and what can you use it for?
- 3.1. Yonder operates the Yonder Platform through which you can access your Yonder Account and the benefits and services available on the Yonder Account. When you open a Yonder Account, you will automatically be opening a bank account that is opened and operated by Griffin (see clause 4 below for more information on Griffin).
- 3.2. Through your Yonder Account, you may:
- 3.2.1. Access rewards and benefits (for further information, please see the Rewards Terms and Conditions);
- 3.2.2. Use the Yonder Debit Card, which allows you to add funds to your Yonder Account and make purchases (for further information, please see clause 6 below);
- 3.2.3. Subject to our approval, use the Yonder Credit Card (for further information, please see the Yonder Credit Agreement); and
- Subject to our approval, make Account Payments from your Yonder Account to third-party bank accounts for specific purposes such as rent and mortgage payments (for further information, please see clauses 10 and 11 below).
- 3.3. Your Yonder Account should only be used in the ways described above and for personal use only – it is not permitted for business or commercial use. If you choose to add funds to your Yonder Account, funds held in the account will not earn any interest. It is not intended as your main bank account into which you have your salary paid or for use as a savings account. You should not hold funds in your Yonder Account for any extended period of time.
4. Who are Griffin?
- 4.1. Griffin is a bank incorporated in England and Wales with company number 10842931 and whose registered office is at 9th Floor 107 Cheapside, London EC2V 6DN.
- 4.2. Griffin accepts deposits, and offers other banking, financial and technology services. Griffin is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.
- 4.3. Griffin’s Financial Services Register number is 970920. To find out more about Griffin, please visit the Financial Services Register at https://register.fca.org.uk or call the Financial Conduct Authority on 0300 500 8082.
- 4.4. You agree that the opening of any Yonder Account may be outside of our control and will be subject to Griffin’s eligibility criteria and risk appetite.
5. Who are TransactPay?
- 5.1. TransactPay is authorised and regulated as an e-money institution by the Gibraltar Financial Services Commission (company incorporation number 108217). TransactPay’s address is 6.20 World Trade Center, 6 Bayside Road, Gibraltar GX11 1AA.
- 5.2. TransactPay is solely responsible for the issuing of both the Yonder Debit Card and Yonder Credit Card pursuant to its licence by Mastercard International and is a party to these Terms 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.
6. Using your Yonder Account
Opening a Yonder Account:
- 6.1. You must provide us with the following information when applying for a Yonder Account or Yonder Card:
- 6.1.1. Your full legal name;
- 6.1.2. Your date of birth;
- 6.1.3. Your current and in some cases your previous residential address;
- 6.1.4. Your email address and mobile phone number;
- 6.1.5. A valid form of identification (such as a passport or driving licence); and
- 6.1.6. Any other details requested by us about your household socio-economic circumstances.
- 6.2. Opening a Yonder Account and being issued either a Yonder Debit Card or Yonder Credit Card is also subject to you completing what is known as a Know Your Customer (KYC) check.
- 6.3. We and TransactPay may request information in addition to the above, and we may need to verify your identity using the information above for fraud or anti-money laundering purposes, or where we consider it reasonably necessary in line with our regulatory obligations.
Yonder Account generally
- 6.4. The bank account that is provided through your Yonder Account is operated and opened by Griffin. More information on Griffin can be found in clause 4 (‘Who are Griffin?’). Whilst Griffin is responsible for opening and operating the bank account, Yonder is responsible for providing you access to your Yonder Account and access to the Yonder app.
- 6.5. Any funds held in your Yonder Account will be covered by the Financial Services Compensation Scheme (FSCS), see clause 31 (‘FSCS protection’) for what this means.
- 6.6. There are no fees associated with opening and maintaining a Yonder Account (although fees and charges may apply to the Yonder Debit Card or Yonder Credit Card depending on your membership tier).
- 6.7. Please see clause 9 for how to add funds to your Yonder Account.
- 6.8. If you have requested and are approved for a Yonder Card, when you receive your Yonder Card (whether digital or physical) you can activate it by using the Yonder app. You will have the option to order a physical card for free.
- 6.9. If you lose your card, we will replace the first one for free, but for any additional replacements, the applicable fee depends on your membership tier (our free membership: £5 and Premium: £8).
- 6.10. Subject to clause 11, if you owe us money, we have the right to deduct it from any funds held in your Yonder Account.
Yonder Cards
- 6.11. You can use the Yonder Cards subject to the Fees which you can find in Schedule 1 at the bottom of these Terms. The fees will be deducted from your Yonder Account as they are charged to you.
- 6.12. You must always ensure that you have a sufficient available balance or spending limit for each Card Transaction you authorise, including enough funds to cover value added tax and any other taxes, duties and applicable fees. If your available balance or spending limit is insufficient to pay for a Card Transaction, some retailers may not allow you to combine paying by Yonder Card with another payment method.
- 6.13. Unless we inform you otherwise, you can use the Yonder Cards at any retailer which accepts Mastercard.
- 6.14. You will need a PIN in order to make certain Card Transactions at a retailer or to withdraw cash at an ATM. Your PIN will be made available to you in the mobile app.
Yonder Debit Card
- 6.15. Your Yonder Debit Card can be used to make purchases from which you can generate rewards.
- 6.16. Your Yonder Debit Card does not include an overdraft feature, and you are not permitted to allow your balance to become negative. You must immediately repay any negative balance on your Yonder Debit Card and you will be liable for any costs incurred by us in any action to recover such monies.
Yonder Credit Card
- 6.17. If you have applied for and have been approved for a Yonder Credit Card, please carefully read the Yonder Credit Agreement as this contains important details such as applicable fees and how you can use your Yonder Account to increase your spending limit and how you pay us back for any credit you use. Whilst your Yonder Credit Agreement contains all the important details about the credit we provide you, you can also see a list of fees associated with your Yonder Credit Card itself in Schedule 1.
- 6.18. Your Yonder Account can be used alongside your Yonder Credit Card in the following ways:
- 6.18.1. Your Yonder Account is an easier way to make manual repayments under your Yonder Credit Agreement. This is because it allows you to transfer funds directly to us from your external bank account to your Yonder Account.
- 6.18.2. You can also increase your spending limit on individual transactions by adding additional funds i.e. “topping up” your Yonder Account. Topping up your Yonder Account will temporarily increase your spending limit by an amount equal to the balance in your Yonder Account. For example, if you have a spending limit of £200, and you top up your Yonder Account by £200, assuming you do not owe us anything, you will be able to spend £400 on your Yonder Credit Card. This might be particularly useful if you need to make a large transaction on your Yonder Credit Card (e.g. to pay for a holiday) which your current credit limit would not cover. After you have spent the funds in your Yonder Account, your spending limit will return to its previous level. Housing Payment Funds are separate to top ups and will not increase your spending limit.
7. Membership Tiers
- 7.1. There are two tiers of Yonder Account membership: (i) our free membership and (ii) Premium. The membership tier you have selected, along with any relevant fees, will be shown in your Yonder Account. 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 Yonder Account.
- 7.2. Please confirm in the mobile app or via the in-app chat if you wish to move membership tiers. Moving membership tiers is subject to approval by us. If approved, you will be notified of any new fees or charges associated with the new membership and the changes will take effect immediately.
- 7.3. Subject to clause 7.9, if we decide to move your membership from Premium to our free membership, unless you request the change to take effect immediately, we will:
- 7.3.1. If you have a Yonder Debit Card, give you two months’ notice;
- 7.3.2. If you have a Yonder Credit Card, give you 30 days’ notice.
- 7.4. If you do not agree with the proposed change in your membership tier, you may terminate these Terms without charge before the change takes effect. If you do not do so, we will treat you as having accepted the new terms.
- 7.5. You will not be allowed to move between membership tiers if you have a Yonder Credit Card and:
- 7.5.1. you have any outstanding missed payments on your accounts (also called “arrears”), you have a Yonder Debit Card and your balance is negative, or you are otherwise in breach of these Terms; or
- 7.5.2. your account balance is above the credit limit we offer in the new membership tier.
- 7.6. If you have any questions on your membership tier, or how you move between tiers, please contact us.
- 7.7. Membership benefits that are offered with your account (for example, rewards points or insurance) are subject to the Rewards Terms and Conditions. We'll communicate separately with you in relation to those benefits.
- 7.8. Please note that membership benefits (such as any applicable insurance) will end when your Yonder Account is terminated.
- 7.9. Notwithstanding anything to the contrary in these Terms, if (i) you have any outstanding missed payments on your accounts (also called “arrears”), (ii) you have a Yonder Debit Card and your balance is negative, or (iii) you are otherwise in breach of these Terms, we may with immediate effect move your membership from Premium to our free membership and/or suspend your Yonder Account. Any benefits specific to Premium (such as any applicable insurance) will end when your membership is moved to our free membership, and will be unavailable for the duration of the suspension, if your Yonder Account is suspended.
8. What if you need help?
Please contact Yonder in the first instance for any support. You can contact us using the in-app chat on your Yonder app, or at help@yonder.com. If we are unable to provide you with the support you require, we may refer you to Griffin or TransactPay for additional support (as relevant).
9. Adding funds to your Yonder Account
- 9.1. You may transfer funds into your Yonder Account by bank transfer using the account number and sort code we provide you in the Yonder app. Any funds transferred into your Yonder Account must come from a personal account in your name unless we specifically permit otherwise.
- 9.2. Funds transferred into your Yonder Account will normally be available within a few minutes. We or Griffin may refuse to accept payment into your Yonder Account if:
- 9.2.1. such payment would exceed your account limit;
- 9.2.2. you and/or the payment are subject to an investigation;
- 9.2.3. there is any suspicion that the payment is fraudulent or in breach of applicable laws; or
- 9.2.4. you and/or the payment are otherwise in breach of the terms of the Yonder Credit Agreement or these Terms.
- 9.3. You can check the balance of your Yonder Account and if applicable, your credit limit, in the Yonder app.
- 9.4. There may be a limit as to how much you can add to your Yonder Account. This limit will be shown in your Yonder app.
- 9.5. Subject to clause 11, you can always request to withdraw any remaining funds held in your Yonder Account to a personal bank account in your name. We may require you to provide certain documents in order to verify your request (e.g., a bank statement). Transfer of the funds to your account may take up to 5 Business Days (in these Terms, a “Business Day” means any day other than a Saturday, Sunday or bank holiday in England and Wales) after your request has been verified.
10. Making Account Payments
Eligibility
- 10.1. Account Payments are only available to customers who have been specifically approved by us.
- 10.2. We may restrict your usage of the Account Payments feature at any time in respect of frequency, number, value or purpose of payment. Any such restrictions will be communicated to you through the Yonder app and you must not use the Account Payment feature contrary to such restrictions. For example, you may be restricted to only making Account Payments for the purpose of payment of rent or mortgage obligations owed by you, in which case we may ask you to provide evidence of your rent or mortgage obligation (such as a tenancy agreement or mortgage statement) and may refuse to process an Account Payment if you do not provide such evidence to our reasonable satisfaction.
- 10.3. Account Payments are only available in pounds sterling.
Setting up an Account Payment
- 10.4. You can set up an Account Payment through the Yonder app by providing us with:
- 10.4.1. the payee's name;
- 10.4.2. the payee's account number and sort code;
- 10.4.3. the payment amount;
- 10.4.4. a payment reference (if applicable); and
- 10.4.5. whether the payment is a one-off Account Payment, a Direct Debit, or a recurring Account Payment, and if recurring, the frequency and start date.
- 10.5. It is your responsibility to ensure that the payee details you provide are accurate. We will process Account Payments based on the payee details you provide and will not be liable for any Account Payment sent to the wrong recipient as a result of incorrect details provided by you, although we will make reasonable efforts to recover the funds on your behalf.
Authorising an Account Payment
- 10.6. You authorise an Account Payment by confirming the payment details in the Yonder app and completing the authentication steps required by us (which may include biometric verification, a passcode, or a one-time password).
- 10.7. An Account Payment is deemed to have been authorised by you at the point at which you complete the authentication steps referred to in clause 10.6.
- 10.8. If we make this service available to you, you may also be able to use your Yonder Account to set up a Direct Debit. A Direct Debit is a payment initiated by the person or organisation you are paying (the “payee”) under an instruction you have given them.
- 10.9. You can set up a Direct Debit by giving the payee your Yonder Account details and authorising them to collect payments from your Yonder Account. The payee is responsible for telling you the amount and date of any payment and any changes to the amount, date or frequency of the Direct Debit.
Cancelling an Account Payment
- 10.10. You may cancel a one-off Account Payment at any time before you complete the authentication steps referred to in clause 10.6. Once you have completed those steps, you cannot cancel the Account Payment.
- 10.11. You may cancel a recurring Account Payment at any time up to the end of the Business Day before the date on which the next payment is due to be made. If you cancel a recurring Account Payment, this will only cancel future payments and will not affect any payments that have already been processed.
- 10.12. You can cancel a recurring Account Payment through the Yonder app or by contacting us via the in-app chat.
- 10.13. You can cancel a Direct Debit by contacting us by the end of the Business Day before the day on which the payment is due to be taken. After that time, we may not be able to stop the payment. You should also tell the payee that you have cancelled it.
Execution of Account Payments
- 10.14. We may process Account Payments using the Faster Payments Service or a Direct Debit. Where you submit a one-off Account Payment before the cut-off time displayed in the Yonder app, we will normally ensure that the payee's payment service provider receives the funds within a few hours of submission. In any event, we will ensure that the payee's payment service provider receives the funds no later than the end of the Business Day following the Business Day on which the Account Payment is submitted (or, if submitted after the cut-off time or on a non-Business Day, the end of the next Business Day after that).
- 10.15. Where you have set up a recurring Account Payment, we will initiate the payment on the date specified by you (or, if that date falls on a non-Business Day, no later than the next Business Day) and will ensure that the payee's payment service provider receives the funds by the end of the next Business Day following initiation.
- Where you have set up a Direct Debit you must make sure there are sufficient funds available in your Yonder Account when a Direct Debit is due to be paid. If we refuse a Direct Debit, we will let you know as soon as we reasonably can, unless we are prevented from doing so by law or for security reasons.
- 10.16. Direct Debits made from your Yonder Account are protected by the Direct Debit Guarantee.
Incorrectly executed Account Payments
- 10.17. If we fail to execute an Account Payment, or execute it incorrectly (for example, we send the wrong amount or the payment is late), and this is due to our error, we will refund to your Yonder Account the amount of the Account Payment (or the difference between the amount sent and the amount that should have been sent).
- 10.18. If you have provided us with incorrect payee details, we are not liable for the incorrect execution, but we will make reasonable efforts to recover the funds.
- 10.19. If a Direct Debit is taken from your Yonder Account without your authorisation, or an error is made in making a Direct Debit, please contact us as soon as possible. We will deal with any refund in accordance with your rights under the Direct Debit Guarantee and applicable law.
- 10.20. If you receive a refund to which you are not entitled, you must repay it when we ask you to.
11. Rent and Mortgage Payments
Setting up a Housing Payment
- 11.1. If we have approved you to make Account Payments for rent or mortgage purposes (a “Housing Payment”), you can either set up a Direct Debit (if available) or a recurring rent or mortgage Faster Payment through the Yonder app.
- 11.2. If you hold a Yonder Credit Card and you set up a recurring Housing Payment, you will also be required to set up a recurring automatic payment of the amount needed for the Housing Payment from a personal bank account in your name into your Yonder Account. If you hold a Yonder Debit Card you will have the option to set up the automatic payment but will not be required to. This amount may be collected by us up to 7 days before the Housing Payment is due to be made depending on the payment method and applicable payment processing times. Funds paid into the Yonder Account through this process are called “Housing Payment Funds”.
Funds for Housing Payments if you have a Yonder Credit Card
- 11.3. If you hold a Yonder Credit Card, only payments into your Yonder Account set up via the process in clause 11.2 will be allocated to your Housing Payment Funds.
- 11.4. Housing Payment Funds will only be used to make the relevant Housing Payment. They will not:
- 11.4.1. be used to repay amounts you owe under your Yonder Credit Agreement; or
- 11.4.2. increase the amount available for you to spend on your Yonder Credit Card;
- 11.5. Clauses 6.10, 6.18.2 and 12 do not apply to Housing Payment Funds.
- 11.6. For a Housing Payment, only the Housing Payment Funds allocated to that payment will be treated as available funds. We will not use any other funds held in your Yonder Account to make up a shortfall for a Housing Payment.
If we cannot collect the funds
- 11.7. You must make sure that there is enough money in the bank account from which we are due to collect your Housing Payment.
- 11.8. If we cannot collect the required amount to pay your Housing Payment in full, we will let you know. We may automatically try to collect it again or allow you to make a manual payment through the Yonder app.
- 11.9. If we have not received sufficient funds for your Housing Payment by the relevant cut-off time, we may not make the Housing Payment. If you have a Yonder Credit Card, we will not use other funds in your Yonder Account to make up the shortfall.
What happens if you are in arrears
- 11.10. If you are in arrears under your Yonder Credit Agreement, we may cancel future Housing Payments and the automatic collection of Housing Payment Funds. We will let you know if we do this.
- 11.11. If we have already received the Housing Payment Funds for a Housing Payment, we will still make that payment unless we are unable to do so for legal, regulatory or security reasons.
- 11.12. If we cancel your recurring Housing Payment because you are in arrears, it will not automatically restart if you clear your arrears. You will need to set up the Housing Payment again.
Cancelling or failing to make a Housing Payment
- 11.13. You can cancel a Housing Payment in accordance with clauses 10.10 to 10.13. If you cancel a recurring Housing Payment, we will also stop automatically collecting future Housing Payment Funds.
- 11.14. If we have already collected Housing Payment Funds when the payment is cancelled, or if we are unable to make the Housing Payment, we will let you know and you may withdraw these funds via the Yonder app.
Your responsibility for paying for your rent or mortgage
- 11.15. You remain responsible for making sure that your rent or mortgage is paid when it is due. If we tell you that we have been unable to collect the required funds or that a Housing Payment will not be made, you should make alternative arrangements to pay your landlord or mortgage provider.
12. How funds held in your Yonder Account impact your Yonder Credit Agreement
- 12.1. If you have a Yonder Credit Card, any funds you transfer into your Yonder Account that are not Housing Payment Funds will be automatically used in the following order:
- 12.1.1. to repay any outstanding balance under your Yonder Credit Agreement at the time you make the transfer;
- 12.1.2. then, to repay any future amounts that become due under the Yonder Credit Agreement (e.g. because you have used your Yonder Credit Card).
- 12.1.3. Any remaining funds in your Yonder Account can then be used for future spending, using your Yonder Card. This means you should always check what you owe us in the Yonder app before attempting to use the funds in your Yonder Account as you may not be able to spend as much as you think.
13. Limits
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 our website. We may also communicate such limits to you directly. Please note that the limits may vary from time to time and so you should check them regularly.
14. How you can authorise and cancel Payment Transactions
- 14.1. A Card Transaction is a payment you make with either your Yonder Debit Card or your Yonder Credit Card. An Account Payment is an outbound payment made from your Yonder Account in accordance with clause 10. Reference to “Payment Transaction” in these Terms is a reference to both Card Transactions and Account Payments unless we specify otherwise
- 14.2. You authorise a Card Transaction by presenting a Yonder Card or providing your card details and, if required, using your security details (such as a PIN, passcode, personal identifiers, biometric data or other details). The authorisation process for Account Payments is set out in clauses 10.6 and 10.7.
- 14.3. You can't cancel purchases you make with a Yonder Card. The cancellation process for Account Payments is set out in clauses 10.10 to 10.13.
15. When we can refuse to make a Payment Transaction
- 15.1. We may refuse to authorise a Payment Transaction if:
- 15.1.1. we have reasonable grounds to suspect unauthorised or improper use or fraud;
- 15.1.2. we reasonably consider that acting on your instructions might lead to:
- a breach of law, regulation, code, court order or other obligation; or
- action from a government, law enforcement agency or regulator.
- 15.1.3. we're legally required to;
- 15.1.4. use of the Yonder Card (as applicable) would be prohibited;
- 15.1.5. you have insufficient funds available either in your Yonder Account or credit available under your Yonder Credit Agreement;
- 15.1.6. we have withdrawn our approval for you to make Account Payments, at our absolute discretion;
- 15.1.7. your Yonder Account has been suspended under clause 23;
- 15.1.8. the Payment Transaction would exceed the transaction limit in clause 13; or
- 15.1.9. the Payment Transaction is not permissible under these Terms or the Yonder Credit Agreement. Non-permissible transactions include:
- cash advances in sanctioned countries;
- illegal transactions;
- for the Yonder Credit Card only, gambling transactions; and
- for the Yonder Credit Card only, quasi-cash transactions (e.g. purchases of alternative currencies or other items which are easily convertible into cash).
For an up-to-date list of non-permissible transactions, please see https://help.yondercard.com/en/articles/88930-what-type-of-transactions-can-t-i-use-with-my-yonder-card.
- 15.2. You may not use your account for illegal activities or in a manner which disguises the true nature of the Payment Transaction, for example, by obtaining cash through a Card 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 these Terms and may lead to suspension of your account.
- 15.3. If we do refuse a Payment Transaction, you'll normally be told at the point of sale or, in the case of an Account Payment, via the Yonder app. In all cases, you can find out about Payment Transactions we've refused, including the reasons why or any limits we may have put on your Yonder Account 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.
- 15.4. You cannot use your Yonder Card after its expiry date. If your Yonder Card is reaching its expiry date, we will automatically issue you with a replacement card, unless you ask us not to.
- 15.5. You can use the Yonder Card to carry out a Card Transaction at any merchant which accepts Mastercard. Certain merchants may not accept Card Transactions and neither we nor TransactPay 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. Payment Transactions you haven't authorised
- 16.1. Subject to this clause 16, you're not responsible for any Payment Transaction:
- 16.1.1. made using the physical Yonder Card before you receive it (for example, if your physical card is stolen in the post);
- 16.1.2. 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;
- 16.1.3. if we fail to apply procedures that we're legally required to use to check that a payment has been authorised by you; or
- 16.1.4. not authorised by you or any person you allowed in breach of these Terms, to use your Yonder Account or Yonder Card.
- 16.2. If a Payment Transaction is made that you did not authorise, you must notify us without undue delay on becoming aware of it, and in any event no later than 13 months after the date on which it was debited to your Yonder Account. Subject to this clause 16, we will then refund the full amount of it, and restore your Yonder Account to the state it would have been in had it not taken place, no later than the end of the Business Day following the day on which we become aware of it or are notified of it (whichever is earlier), unless we have reasonable grounds to suspect fraudulent behaviour on your part, in which case we will investigate and notify you of the outcome.
You're responsible for all losses relating to an unauthorised Payment Transaction if you:
- 16.2.1. have acted fraudulently in using your Yonder Account or Yonder Card; or
- 16.2.2. have acted with intentional or gross negligence in failing to comply with your security obligations under clause 19 of these Terms.
- 16.3. If there are errors in a Payment 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 Payment Transaction was debited to your account. We may then resubmit the correct Payment Transaction, as applicable.
- 16.4. If upon contacting us, you wish to dispute a Payment Transaction, we'll initiate an inquiry and may suspend the Payment Transaction on your Yonder Account if we reasonably consider there to be a valid dispute. Once investigations are complete, we'll adjust your Yonder Account accordingly, and where relevant, we will provide a refund under this clause 16 (as applicable) at the end of the next Business Day after we have concluded our investigation.
17. Card Transactions for unexpected amounts using your Yonder Card
- 17.1. If you make a purchase using your Yonder Card, 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 Card Transaction was debited to your Yonder Account.
- 17.2. 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.
- 17.3. 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.
- 17.4. You are not entitled to a refund under this clause 17 where the amount charged is higher than you expected because of a change in the exchange rate applied to the Card Transaction.
- 17.5. This clause 17 does not apply to Account Payments. If you have a query or dispute in respect of an Account Payment, please refer to clauses 10.18 to 10.21.
18. Claims against retailers or other third parties
- 18.1. If you have used your Yonder Credit 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. Please see clause 23 (“Claims against retailers or other third parties”) of your Yonder Credit Agreement for more details.
- 18.2. Please note that these rights do not apply to your use of the Yonder Debit Card or to any Account Payment from your Yonder Account.
19. Theft, loss or misuse of the Yonder Account and Yonder Card
- 19.1. Reference to your Yonder Account in this clause is a reference to your use of the Yonder Account and any Yonder Card issued to you.
- 19.2. You must:
- 19.2.1. keep your Yonder Card safe and secure (including using device passcodes, biometric data or other security details where applicable);
- 19.2.2. never share your device passcodes or other security details (including any one-time passwords) with others;
- 19.2.3. not let others use your Yonder Account (including your Yonder Card), including selling your Yonder Card to others, and you must regularly check you have not misplaced either card;
- 19.2.4. never add your Yonder Card to another person’s Apple Wallet or GooglePay (or equivalent digital wallet);
- 19.2.5. not give the Yonder Card or card number to anyone else other than for the purpose of making a transaction and not share your security details with anyone else; and
- 19.2.6. never write your PIN or any other security details on a Yonder Card or on anything that you usually keep with a Yonder Card;
- 19.2.7. keep your security details secret at all times, for example by shielding the keypad so that no one can see your PIN when you enter it; and
- 19.2.8. choose a PIN or passcode that is not easy to guess.
- 19.3. You must have the Yonder mobile app installed on your device to enable management of your Yonder Account. As part of this you must:
- 19.3.1. keep your device and your security details safe and secure at all times, in the same way you would your card or PIN;
- 19.3.2. always use the lock feature on the phone or other device, where applicable; and
- 19.3.3. 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.
- 19.4. You must freeze the Card in the Yonder App so that it cannot be used or tell us straight away if you suspect:
- 19.4.1. a Yonder Card has been lost or stolen or not received;
- 19.4.2. a mobile phone or other device to which your Yonder Account has been registered has been lost, stolen or compromised;
- 19.4.3. someone else knows a PIN or other security details; or
- 19.4.4. your Yonder 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.
- 19.5. You can contact us at any time using the in-app chat or by emailing help@yonder.com.
- 19.6. If you, we or TransactPay suspect that your Yonder Card has been lost, stolen or used fraudulently, you must cooperate with us, our agents, TransactPay and their agents, and any regulatory authority or law enforcement agency.
20. Payments into your account by mistake
- 20.1. If we make a payment into your Yonder Account by mistake or as a result of a systems error, we'll automatically take the amount out of your Yonder Account.
- 20.2. If we're told that a payment was made into your Yonder 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 Card Transactions made in a foreign currency
- 21.1. If we receive a Card 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.
- 21.2. The exchange rate we use will be the Mastercard foreign exchange rate and we will not apply a transaction charge.
- 21.3. 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 Card 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.
- 21.4. When you make a Card Transaction in a foreign currency, you may be given the option of allowing a third party (for example, the retailer) to convert your Card 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 Card Transaction converted by a third party in Pounds Sterling, we won't apply a non-sterling transaction fee.
22. What we are not responsible for
- 22.1. We shall have no liability for any failure to provide, or any delay in providing, or suspending your Yonder Account in accordance with these Terms to the extent that such failure, delay or suspension results from:
- 22.1.1. your failure to comply with your obligations under these Terms, or to provide us with information or updates as reasonably required or requested by us;
- 22.1.2. you providing us with incorrect payment instructions; or
- 22.1.3. a pending investigation into any specific payment instruction or activity on your Yonder Account.
- 22.2. If we break these Terms, 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.
23. When can we suspend your Yonder Account and Yonder Cards
- 23.1. We may suspend or revoke your right to access and/or use your Yonder Account (including your Yonder Card) if:
- 23.1.1. TransactPay terminates or suspends your Yonder Card;
- 23.1.2. you breach these Terms or your Yonder Credit Agreement in a material way;
- 23.1.3. we reasonably believe that it is necessary or desirable to do so for legal, regulatory or security reasons, or to protect Yonder. This might happen, for example, if we believe that your Yonder Account has been compromised, or that someone else is making (or attempting to make) requests on your behalf;
- 23.1.4. there is a dispute over your entitlement to any funds in your Yonder Account;
- 23.1.5. you are subject to any sort of bankruptcy process;
- 23.1.6. you have any outstanding missed payments on your accounts (also called “arrears”), or you have a Yonder Debit Card and your balance is negative; or
- 23.1.7. if we have other serious grounds or valid reasons for doing so including for example, legal or regulatory reasons or suspected misuse of Yonder’s services or suspected fraudulent or criminal activity.
- 23.2. We cannot be responsible for any losses you might suffer if we suspend or revoke your right to access and/or use your Yonder Account under this clause 23 unless this has arisen as a result of our negligence.
- 23.3. We'll normally notify you beforehand or immediately afterwards and where possible, will provide you with the reasons.
- 23.4. We will act reasonably and proportionately in exercising any of our rights under this clause 23 and you are entitled to complain about such action by us in accordance with clause 32, if you are unhappy.
- 23.5. If your Yonder Account is suspended, you must not use your Yonder Card, and you must inform retailers not to seek to take any further payments from your Yonder Account. We'll allow you to use the Yonder 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.
24. Changes to your Yonder Account
- 24.1. As these Terms are not for a fixed period, we may need to make changes to these Terms or the services we provide for reasons that we cannot predict when these Terms are made. We can change these Terms for any of the following reasons:
- 24.1.1. where the costs to us of providing your Yonder Account change or we have a good reason to expect that they will change;
- 24.1.2. where we, TransactPay or Griffin are changing the way you can use the Yonder Account;
- 24.1.3. 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;
- 24.1.4. where we're changing the membership benefits offered with your Yonder Account;
- 24.1.5. to reflect changes or developments in the technology or systems which we, TransactPay or Griffin use;
- 24.1.6. 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);
- 24.1.7. where you have a Yonder Credit Card and 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 under the Yonder Credit Agreement has increased; or
- 24.1.8. for any other valid reason not set out above, if we tell you about the change in advance and make clear that you can end these Terms without additional charge before the change takes effect if you do not want to accept it.
- 24.2. We'll give you at least two months’ advance notice of the change, unless we are unable to for a good reason, for example, we are required to make the change quicker for legal or regulatory reasons or where the change is to your advantage. 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.
- 24.3. If you don't want to accept any change, then you can always end these Terms by telling us to close your Yonder Account (see clause 30 ‘Closing your Yonder Account’ below). If you don't do this, we'll assume you've accepted the change. Please note however that if you terminate your Yonder Account, we will also terminate your Yonder Credit Agreement and you will have to repay everything you owe us (see 'Ending your agreement' in clause 19 of your Yonder Credit Agreement).
25. TransactPay’s liability
- 25.1. TransactPay shall not be liable for any loss arising:
- 25.1.1. 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;
- 25.1.2. from any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
- 25.1.3. from any use of your Yonder Cards that is contrary to these Terms;
- 25.1.4. for goods or services that are purchased with the Yonder Card; and
- 25.1.5. for any damages due to loss, fraud or theft that you have reported to us more than 13 months after the event.
- 25.2. In addition:
- 25.2.1. Where sums are incorrectly deducted from your Yonder Account as a result of TransactPay’s error, TransactPay will refund the amount of the payment plus any extra interest and charges that you incur as a result, and restore your Yonder Account to the state it would have been in had the incorrect deduction not been made.
- 25.2.2. If a Yonder Card is faulty and this is TransactPay's fault, TransactPay's sole responsibility will be to replace that Yonder Card.
- 25.2.3. Nothing in these Terms shall exclude or limit TransactPay’s liability for death or personal injury resulting from TransactPay’s negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot lawfully be excluded or limited.
- 25.3. The above exclusions and limitations set out in this paragraph shall apply to any liability of TransactPay's partners such as the card scheme (currently Mastercard), and other suppliers, contractors, distributors and any of their respective partners (if any), to you, which may arise in connection with these Terms.
26. Using a third party provider (TPP)
- 26.1. 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.
- 26.2. You can choose to authorise TPPs to provide services to you by accessing your Yonder Account. If you use a TPP, these Terms 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.
- 26.3. We may also refuse to allow a TPP to access your Yonder 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).
27. Statements and legal notices
- 27.1. We'll send statements regarding your Yonder Account to you via your mobile app monthly. This will include details on your activity for the month.
- 27.2. We may send you notices (including any information we're legally required to send you, such as information about changes to these Terms or other agreements we have with you) on or together with your statements.
- 27.3. In addition to payment information, each statement will show all Card Transactions, Account Payments, and any other amounts charged to your account in the statement period and the total account balance.
- 27.4. 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.
- 27.5. If you have a Yonder Credit Card, you will separately receive statements regarding your Yonder Credit Card. Please refer to the Yonder Credit Agreement for details on your Yonder Credit Card statements.
- 27.6. You may request a copy of these Terms at any time free of charge by contacting us via live chat within our mobile app or via email.
28. Contacting you
- 28.1. We may send you important messages and other communications (including alerts about certain activity on your account) about your Yonder Account, Yonder 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.
- 28.2. 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.
- 28.3. 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).
- 28.4. 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.
29. Changing your contact details
- 29.1. 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.
- 29.2. 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.
- 29.3. Any legal notices will be posted to you on your mobile application or sent to your last known mailing address or email address.
30. Closing your Yonder Account
- 30.1. These Terms will have no fixed duration and will continue until you or we end them in accordance with these Terms. You and we can end them without giving any reason.
- 30.2. You can do this at any time in the Yonder app, by calling us or writing to us in the in-app chat to tell us to close your Yonder Account.
- 30.3. You must have a Yonder Account in order to use the Yonder Card(s). Therefore, if you ever close your Yonder Account, we will immediately close your Yonder Debit Card and end your Yonder Credit Agreement (and therefore close your Yonder Credit Card) in accordance with clause 19 of the Yonder Credit Agreement.
- 30.4. We can close your Yonder Account, or TransactPay may terminate your use of the Yonder Card, by giving you at least 90 days written notice. We or TransactPay may do this immediately if:
- 30.4.1. we have asked you to repay money you owe us and you have not done so within a reasonable period of time;
- 30.4.2. you seriously or persistently breach these Terms;
- 30.4.3. you give us false or misleading information;
- 30.4.4. a third-party service provider that we or TransactPay rely on to provide you services under these Terms is no longer able to provide us or TransactPay services;
- 30.4.5. steps are taken to make you bankrupt or to make you the subject of any form of debt relief process;
- 30.4.6. we reasonably consider that by continuing these Terms we might:
- breach a law, regulation, code or other obligation; or
- face action from a government, law enforcement agency or regulator.
- 30.4.7. you become incapacitated or die;
- 30.4.8. you behave in an abusive or threatening way to our staff;
- 30.4.9. you fail to provide the personal data necessary for Yonder or TransactPay to comply with their legal obligations to fulfil these Terms or the Yonder Credit Agreement; or
- 30.4.10. we have reasonable grounds to believe you're unable or unwilling to pay your debts when due.
- 30.5. If TransactPay terminate your use of the Yonder Card under clause 30.4 above, then your Yonder Account will be closed. If you have a Yonder Credit Agreement and TransactPay terminate your use of the Yonder Card, your Yonder Credit Agreement will also be terminated and you will need to repay everything you owe us. Please refer to the Yonder Credit Agreement for further information.
- 30.6. Once we have notified you that the Yonder Account is to be closed, you are not permitted to transfer any further funds into your Yonder Account unless it is to repay any outstanding balance under your Yonder Credit Agreement.
- 30.7. For the avoidance of doubt, if you end your Yonder Credit Agreement (and therefore close your Yonder Credit Card) you can still access and use your Yonder Account and a Yonder Debit Card.
- 30.8. Any termination of these Terms shall be without prejudice to any rights that have accrued to either party.
- 30.9. We and TransactPay will act reasonably and proportionately in exercising any of our rights under this clause 30 and you are entitled to complain about such action by us in accordance with clause 32, if you are unhappy.
31. FSCS protection
- 31.1. Funds held in your Yonder Account are covered by the FSCS, dependent on you being eligible. Information on eligibility and the protected sum limits is available on Griffin’s website at https://griffin.com/deposit-protection.
- 31.2. For more information about the compensation provided by the FSCS, please see the FSCS website at www.FSCS.org.uk.
- 31.3. Please note that the amount of funds that are protected may be impacted if you have any other accounts with Griffin.
32. What do you do if you are unhappy?
- 32.1. If you have a complaint about your access to the Yonder Account or the service you've received:
- 32.1.1. Please contact complaints@yonder.com in the first instance.
- 32.1.2. If you're unhappy with the way we 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.
- 32.2. If your complaint relates to transactions made via your Yonder Card and you were not satisfied with Yonder’s handling of your complaint under clause 32.1 above:
- 32.2.1. You can contact TransactPay by emailing complaints@transactpay.com. If TransactPay'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. TransactPay will make every effort to reach a resolution to your complaint and will fully explain the reasoning behind their decision.
- 32.2.2. In the unlikely event that TransactPay 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 psdcomplaints@fsc.gi.
33. How we, TransactPay and Griffin use your information
- 33.1. Yonder will protect any personal information we hold about you in line with Yonder’s Privacy Policy which can be accessed at: https://www.yonder.com/legal/privacy-cookies-policy.
- 33.2. 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.
- 33.3. TransactPay will protect any personal information it holds about you in line with TransactPay’s Privacy Policy which can be accessed at https://www.yonder.com/legal/privacy-cookies-policy under “TPL’s Privacy Policy”.
- 33.4. Griffin will protect any personal information it holds about you in line with Griffin’s Privacy Policy which can be accessed at https://griffin.com/privacy.
34. Waiver of rights
We may choose to delay enforcing or choose not to exercise rights under these Terms. If we do this, we do not waive our rights to exercise or enforce them on any other occasion.
35. Assignment
- 35.1. You may not sell, assign or transfer your account or any of your obligations under these Terms.
- 35.2. We may transfer any of our rights and/or obligations, or assign any of our rights, under these Terms. If we transfer all of our rights and/or obligations, or assign all of our rights, under these Terms, we will provide you at least two months’ written notice of such proposed transfer or assignment. You can close your Yonder Account within that notice period by repaying your outstanding balance in full and following the steps set out in clause 30 above.
36. Other important information
- 36.1. We are incorporated in England and Wales with company number 12739942.
- 36.2. Our registered address is at Suite 040, Unit 2, 94A Wycliffe Road, Northampton, NN1 5JF.
- 36.3. We are authorised and regulated by the Financial Conduct Authority under firm reference 946219. You can find out more about us by visiting the Financial Services Register at https://register.fca.org.uk.
- 36.4. You may have to pay other taxes or costs that are not paid or imposed by us.
- 36.5. If any provision of these Terms is or becomes unenforceable or illegal, the remaining provisions will continue in full force and effect.
37. Language, governing law and jurisdiction
- 37.1. These terms and conditions and all communications between us concerning the Yonder Account shall be in English.
- 37.2. English law applies to these Terms unless you reside in Scotland or Northern Ireland, in which case the law of that jurisdiction will apply. You agree that any dispute concerning these Terms 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 the courts of that jurisdiction shall have exclusive jurisdiction. This clause shall not affect clause 5.2.
Schedule 1 – Yonder and TransactPay Fees