Yonder App and Website Terms of use

Introduction

These terms apply to any person accessing yonder.com ("Website") and/or the Yonder app on iOS and Android ("App") (together "the Platforms"). They explain what you can expect from us and what we expect from you if you want to access the Platforms.

By using the Platforms, you agree to be bound by these terms. If you don't want to be bound by them you should not access the Platforms.

These terms are between you and Yonder Technology Ltd ("we" and "us"). We own and operate the Platforms.

Yonder Technology Ltd’s Privacy and Cookie Policy also apply to you. The Privacy and Cookie Policy gives details of how we collect, use, disclose, transfer and store your information, and your rights around this, and gives details of how we use cookies, and similar technologies in connection with the Platforms.

How is Yonder regulated?

Yonder Technology Limited (trading as Yonder) is authorised and regulated by the Financial Conduct Authority and entered on the Financial Services Register (946219).

We are a Private Limited Company, registered in the United Kingdom under company number 12739942 and have our registered office at 69 Old Street, London, United Kingdom, EC1V 9HX (affectionately known as HQ).

Access to the Platforms

We do not guarantee that the Platforms, or any content on it, will always be available or uninterrupted, or that they'll be free from bugs or viruses. From time to time, access may be interrupted, suspended or restricted, including because of a fault, error or unforeseen circumstances or because we are carrying out planned maintenance.

We may suspend or disable your access to the Platforms if we consider it reasonable to do so, e.g. you breach these terms.

We will not be liable to you for any loss or damage you may suffer as a result of the Platforms being unavailable at any time for any reason.

You will not attempt to:

  • hack, make unauthorised alterations to, gain unauthorised access to, or introduce any kind of malicious code to the Platforms by any means
  • reverse engineer or decompile (whether in whole or in part) any software available through the Platforms unless you're allowed to do this by law
  • make copies, modify, reproduce, transmit, alter or distribute all or any part of the Platforms or any material or information contained in it except in your normal use of the Platforms in accordance with these terms
  • use the Website for any purpose that is unlawful
  • use the Platforms in any manner that disrupts their operation

Nothing in the above will prevent you from engaging in responsible disclosure in the event you find any security vulnerabilities in our Platforms.

The Platforms may contain links or references to third party websites and apps. Any links or references are provided for your information and convenience only. We have no control over third party websites and apps and accept no legal responsibility for any content, material or information contained in them. The display of any link and reference to any third party website or app does not mean that we endorse that third party's website, apps, products or services. Third party websites and apps may also regulate your use of their website or app, or treat your data differently to Yonder. You should review any relevant terms of use and privacy-related documents before using any third party websites and apps.

We may remove or amend the content of the Platforms at any time. However, some of the content may be out of date at any given time and we are under no obligation to update it. We do not guarantee that the Platform, or any content on it, will be free from errors or omissions.

You are responsible for configuring your information technology, computer programmes and platform in order to access and use the Platforms. In particular, you should take steps to protect your devices from viruses.

In the event that you knowingly place viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful on to our Platforms, your right to use our Platforms will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platforms or to your downloading of any material posted on it, or on any website linked to it.

Eligibility

To subscribe to the lending services we provide through our Platforms, you must meet our eligibility criteria.

To be eligible you must:

  • be an individual residing in the UK;
  • be at least 18 years old; and
  • have a current account at a UK bank or building society.

If you meet our eligibility criteria set out above, you will be able to set up a credit card account with our Platforms and may apply for an account through our Platforms. As part of our account approval process we may:

  • make identity, fraud and credit checks;
  • obtain a credit rating for you from the credit reference agency we use; and
  • carry out anti-money laundering checks on you.

All credit card applications are subject to our approval and we can decline an application for any reason. If we approve your application, you will need to enter into a credit agreement with us. We will not create a credit card account until you enter into such agreement.

Our credit agreement will clearly set out the fees that will apply to your credit card. If you have any questions about our fees, please contact us at help@yonder.com.

Your account and password

When you subscribe to our Platforms, as part of our security procedures be provided with, a user identification code and password. You must treat such information as confidential and must not disclose it to any third party.

When you use our Platforms we will check your identity by asking for your user identification code and password. If the correct user identification code and password are provided, we will assume that you are the person giving instructions and making transactions. You will therefore be liable for such instructions and transactions.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at help@yonder.com.

We may refuse to act on any instruction that we believe:

  • was not submitted by you;
  • was not clear;
  • might cause us to breach a legal or other duty; or
  • suggests that our Platforms are being used for an illegal purpose or a purpose that is in breach of our regulatory obligations.

Our site changes regularly

We aim to update our Platforms regularly, and (provided such changes do not adversely affect you) may change the content at any time without notice by posting such changes on our Platforms. If the need arises, we may suspend access to our Platforms, or close it indefinitely without notice. Any of the material on our Platforms may be out of date at any given time, and we are under no obligation to update such material. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Commentary, information and other materials posted on our Platforms are not intended to amount to advice on which reliance should be placed. The material displayed on our Platforms is provided without any guarantees, conditions or warranties as to its accuracy. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Platforms, or by anyone who may be informed of any of its contents.

Termination of your account

If you open an account with us, once you have repaid all of the outstanding balance that we have granted to you, you may terminate your account with us via the Yonder App.

Following notice of termination of your account, you will no longer be able to access our Platforms using your account and password. However, we and our collections agency will continue to maintain records regarding you to the extent that we are required by law to do so.

We may terminate your account if you have lied to us, seriously or repeatedly breached these Terms of Use, die, become bankrupt or make a voluntary arrangement with anyone you owe money to.

We may either terminate or suspend your account immediately and without notice if we are aware or reasonably suspect that you are engaged in, or may be the victim of, any fraudulent activity. We will then notify you of any such termination or suspension as soon as is reasonably practicable, to the extent we are permitted to do so by applicable law.

Our liability

Except as expressly stated in these Terms of Use, we do not give any representations, warranties or undertakings in relation to our Platforms.

To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude our liability under or in connection with these Terms of Use and/or your use of our Platforms whether in contract, tort (including negligence) or otherwise. This does not apply to the types of loss set out below.

Nothing in these Terms of Use shall limit or exclude our liability for:

  • death or personal injury resulting from our negligence;
  • fraud or fraudulent misrepresentation; or
  • any other liability that cannot be excluded or limited by English law.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in the URL yonder.com, the Platforms and the material published on them. The Platforms and the content on them are protected by copyright, and you should only make personal use of the Platforms and the content.

Changes to terms

We'll make changes to these terms that we reasonably believe will not put you at a disadvantage, or because we need to respond in a fair way to:

  • to make them easier to understand
  • changes in general law or decisions or recommendations made by a court, any regulator or similar organisation or ombudsman we have to follow (e.g., the Financial Ombudsman Service)
  • changes in regulatory requirements
  • new industry guidance and codes of practice
  • or changes to the functionality of our technology or the way we operate it.

Linking to and from our Platforms

You may link to our Platforms, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards which we upload to our Platforms from time to time.

Where our Platforms contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Agreement

These Terms of Use supplement any existing terms and conditions between you and Yonder Technology Ltd, and together these constitute the whole agreement between you and Yonder Technology Ltd. To the extent that there is any inconsistency between these Terms of Use and your existing terms and conditions, then these Terms of Use shall prevail in respect of our Platforms.

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Platforms, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

We may transfer our rights and our obligations under these terms to someone else.

You can't transfer any of your rights and obligations under these terms to anyone else.

How to contact us

If you have any concerns about material that appears on our Platforms, please contact us at help@yonder.com.