Account General Information and Safety | Deposits and Withdrawals | Losses and Legal Considerations | Authorised Payment Institution API | Electronic Money Institution E-money EMI | Small Payment Institution SPI

1. Account general information

1.1. Introduction

This document sets out the terms and conditions for your Hirett personal account (your account) and its related services. It also sets out other important information that you need to know.

These terms and conditions, along with the Fees page, Privacy Policy and any other terms and conditions that apply to our services, form a legal agreement (the agreement) between:

• you, the account holder; and
• us, Hirett Limited or Hirett.

We are authorised to issue e-money by the Financial Conduct Authority under the Electronic Money Regulations 2011 (firm reference number XXXXXX). Our company number is 12766731.

You can ask for a copy of these terms and conditions through the Hirett app at any time. To use all the functions of the app, you must be connected to the internet.

1.2. Account type

Your account is a ‘virtual’ account that holds your e-money. It may hold e-money in different currencies at the same time.

E-money is an electronic alternative to cash. If you or someone else gives us money, we’ll issue an equivalent value of e-money in the currency you or the other person chooses. We’ll store the e- money in your account and other people will accept it as payment. In these terms and conditions, we use ‘money’ to refer to e-money.

1.3. Money usage in your account

Once you have e-money in your account you’ll be able to use our services. For example, you can do the following:

• send money to and receive money from other Hirett accounts and non Hirett accounts;
• change money from one currency to another (we call this a currency exchange). The currencies available might change occasionally;
• make payments and withdraw cash using your Hirett Card; and
• view information about and manage your account.

We add new features and services all the time. We’ll let you know about these through the Hirett app.

1.4. Hirett account holder eligibility

Normally you must be 18 or over to open a Hirett account. If you are under 18 and we let you have a Hirett account or any other service, we’ll let you know any special terms and conditions that apply.

When you ask us to open an account, we or someone acting for us will ask for information about you and where the money you will put in your account comes from. We do this for a number of reasons, including to check your credit score and identity, and to meet our legal and regulatory requirements. Our Privacy Policy explains more about how we use your information for these and other purposes. When we have the information we need, we will open your account.

You can’t:

• open more than one Hirett personal account; or
• open a new Hirett account if we’ve previously closed a Hirett account.

1.5. Payments detail

You can check all payments into and out of your account through the Hirett app. We will not make any changes to your account information. It will be available to you through the Hirett app while you are a customer. It will also remain available through the Hirett app for six years after you close your account. If you need to keep a copy of the information after then, or if you need to keep a copy of it outside of the app, you will need to download it. You can download this information from the app at any time.

We will send a notification to your mobile device each time a payment goes into or out of your account. You can turn off these notifications, through the Hirett app or in your device’s settings, at any time. If you turn off notifications, you should regularly check your payments on the Hirett app. It’s important that you know what payments go into and out of your account, so we recommend that you do not turn off notifications.

1.5.1. Communicating with you

We’ll usually communicate with you through the Hirett app.

This is how we will provide account information and tell you about any fraud, or suspected fraud, relating to your account. It is also how we will tell you if there is a security threat to your account. Make sure you regularly check the Hirett app for this information.

To help keep your account safe, download the latest software for your mobile device and the latest version of the Hirett app as soon as they are available.

We may also communicate with you by text message or email, so you should regularly check your text messages and email account.

We will usually communicate with you in English.

1.5.2. Update your information

Please keep your details up to date and let us know immediately if any information you’ve given us changes. If we discover that any of your information is incorrect we will update it.

To meet our legal and regulatory requirements we might sometimes need to ask for more information about you (for example, if your spending increases). Please provide this information quickly so that there is no disruption to your account or our services.

1.6. Account closure

You can close your account, and so end the agreement, at any time by letting us know. You can do this through the Hirett app, by writing to us at our head office or by emailing us at contact@thehbank.com.

You will still have to pay any charges you’ve run up (for example, if you’ve asked for an extra H- bank Card). We may also charge you any cancellation fees that apply to other agreements you’ve entered into with us.

When you tell us you want to close your account we will give you the opportunity to withdraw the money we hold for you (we call this redemption). If you want us to send you money in a different currency than the currency we’re holding for you, we will convert the currency using the rate that applies at the time, and take our usual fee, before sending the money to you.

1.6.1. Cancelling your Hirett Card

If you change your mind and don’t want a Hirett Card any more, that’s not a problem. Just let us know and we’ll cancel it.

1.7. After you close your account

We’ll hold back enough money to cover any payments that you approved before your account was closed. You’ll also still owe us any money that you owed us while your account was open.

1.7.1. Access to your money after the closure of your account

For six years after your account has closed or your Hirett Card has expired you’ll be able to contact customer services (at: contact@thehbank.com) and ask them to send you the money we still hold for you. Once your account is closed you can only withdraw your money in the currency of the country you live in.

2. Account safety

2.1. Money protection

We don’t lend your money to others. When we receive a payment for your account, or you add money to it, we place the equivalent value of e-money in your account. We quickly either:

• place the money into our ring-fenced accounts that we hold with large global banks (ring-fenced accounts are separate from our own money); or
• invest the payment in low-risk assets held in a separate account with financial institutions.

We call this safeguarding.

Safeguarding helps protect you if we were to become insolvent. Safeguarding regulations make sure that once we have paid any costs related to an administrator or liquidator, we must repay you from our ring-fenced accounts before we repay any others we owe money to.

Unfortunately, the law doesn’t allow us to pay you interest, and the money in your account isn’t covered by the Financial Services Compensation Scheme.

2.2. Hirett Card protection

We do everything we can to keep your money safe. We ask you to do the same by keeping your security details and your Hirett Card safe. This means you shouldn’t keep your security details near your Hirett Card, and you should disguise or protect them if you write them down or store them. Don’t share your security details with anyone other than an third-party provider who is acting in line with regulatory requirements.

Sometimes it’s easy to forget to take the steps you should take to keep your money safe. Here are a couple of tips:

• make sure you close down the Hirett app when you’re not using it; and
• keep your mobile phone and your email account secure and don’t let other people use them.

Contact us through the Hirett app, as soon as possible, if your Hirett Card is lost or stolen, or if your Hirett Card or security details could be used without your permission.

If you can, you should also freeze your Hirett Card using the Hirett app or by calling the automated number below. If you later realise there’s not a risk to your Hirett Card’s security, you can unfreeze it.

2.2.1. Contact information

Write to us: Kemp House 160
EV1X 2AZ, London UK

Freeze your Hirett Card:
+44 (0)000 000 0000

Tell us about a lost or stolen Hirett Card or security details:
Send us a message through your Hirett app or another user’s Hirett app. Send us a message on social media.
Email us on contact@Company.com

Call us:
+44 (0)000 000 0000

2.2. Hirett app or Hirett Card usage restrictions

Please act reasonably and responsibly when using the Hirett app or Hirett Card. For example, the Hirett app or Hirett Card must not be used (directly or indirectly) as follows:

• for illegal purposes (for example, committing fraud);
• in a way that we reasonably believe might harm our ability to provide our services;
• only to send money to and receive money from a credit card account;
• for any transactions to receive cash other than making a withdrawal from an ATM (cash machine);
• to control or use a Hirett account that’s not yours;
• to give Hirett Cards to any other person;
• to allow anyone else to have access to or use your account or the Hirett app;
• to abuse, exploit or get around any usage restrictions set by a service provider your Hirett Card is registered with. For example, you must only use one Hirett Card for any particular service provider that offers a free subscription or trial period; or
• to trade in foreign currencies for speculative purposes (that is, to take advantage of any expected rise or fall in the value of a currency) or to take advantage of discrepancies in the foreign exchange market.

Please also act in a respectful way towards us and our support staff – we’re here to help you.

3. Deposits and withdrawals

3.1. Adding money to my account

You can add money to your account by making bank transfers.

When you add money by bank transfer, you must use the account details stated in the Hirett app. When we receive the money we will add the equivalent value of e-money to your account. Make sure you follow the prompts from the app carefully to avoid any delays.

The account details you must use to add money to your account will depend on the currency of the money you are adding. For example, if you want to add money to your account in pound sterling (£), you must use the ‘British Pound account’ details stated in the Hirett app.

If you use a bank account that is in one currency to add money to your account in another currency, your bank or card provider may charge a fee.

3.1.1. Payment limits

Sometimes we might limit how much you can receive into or pay from your account, or how much you can withdraw or spend using your Hirett Card. We might also limit the value of currency exchange you can carry out at any time or over a period of time. These limits can change from time to time.

3.1.2. Keep your currency consistent

It’s important that any payment to your account is made in the currency of your account. Otherwise, the payment will be converted to the currency of your account. This means that your account might be credited with more or less than you expected. We won’t be responsible for any losses if this happens.

3.2. Transferring money between Hirett accounts

You can send money to, and receive money from, other Hirett accounts. We call these sorts of payments instant transfers.

You can make an instant transfer to another Hirett user’s account by choosing them from the contacts list in the Hirett app and following the prompts. The other person will receive the transfer immediately.

3.3. Making other types of payments

It’s easy to send money to your or someone else’s bank account. You can make a one-off payment. Just enter the sort code and account number (or, for international payments, the BIC and IBAN) of the account you’re sending money to in the Hirett app and follow the prompts. We may need to ask for other information as well.

3.3.1. Using your Hirett Card

You can also make payments or withdraw cash using your Hirett Card.

When you use your Hirett Card to make a withdrawal from an ATM or make a payment (for example, in a shop or restaurant), we will consider the payment to be authorised by you unless:

• you let us know that the money has been stolen from your account; or
• you don’t think we’ve carried out your instructions correctly.

Sometimes we might charge you a fee for making withdrawals.

3.3.2. We are not responsible for losses where payments are returned in a different currency

Sometimes, money you’ve asked us to transfer to someone is not paid into their account and is returned to us. If we had to carry out a currency exchange when we sent the payment, and can show that we did everything right, when we return the money to you we’ll convert it back to the original currency. This means that the amount you receive back into your account might be less than the payment you made (or it could be more!). We would not be responsible for any losses that this causes you.

3.3.3. Wrong information in payments

When you enter the details of the person you want to pay, make sure the details are correct. If they’re not, your payment might be delayed or you might lose your money if it’s sent to the wrong account.

Make sure you know the person you are making a payment to. If someone approaches you and asks you to make a payment to them, but you are not sure who they are or what the payment is for, you may be a victim of a scam.

If the person you want to pay does not receive the money, we won’t be responsible if we processed the payment correctly but you gave us the wrong details. If you ask us to, we’ll be happy to try to get your money back, but this might be easier in some countries than in others.

If you contact our customer support team through the Hirett app we can give you information to help you try to recover the money, including details of the person who did receive the money (if we have those details).

3.4. In case a payment was sent to the wrong account, wasn’t sent at all or was delayed

We’ll always try to process your payments correctly and on time, but sometimes things go wrong and a payment might be delayed or not received by the person you wanted to pay.

If something has gone wrong and:

• the person paying you;
• the bank account you wanted to make the payment into; or
• the retailer you were paying;

is in the EEA, let us know through the Hirett app. You need to let us know as soon as possible, and no later than 13 months after the amount was taken from your account.

If the money is not received into the account you sent it to, we’ll refund the payment back into your account.

These rules don’t apply to currency exchanges.

3.5. Send and receive money using a payment link

You can send money to a friend who doesn’t have a Hirett account by setting up a ‘payment link’. You can do this by going into the Hirett app, entering the amount you want to send, clicking on ‘create payment link’, and sending the link to your friend.

You can also create a payment link to receive payments and send that link to your friend.

Once you’ve sent the link to your friend, they can complete the payment link by entering the details that are needed for them to send money to your account or receive money from it.

• If you are receiving less than £250 (or the equivalent in a different currency), your friend will need to enter their debit or credit card details into the link within 24 hours. The payment will then be made from their card.
• If you are sending less than £250 (or the equivalent in a different currency), your friend will need to enter their bank account details into the link within 24 hours. The payment will then be made to their bank account.
• If you are sending or receiving more than £250 (or the equivalent in a different currency), your friend may be asked to join Hirett in order to complete the transaction.

Sometimes, even if the payment amount is less than £250 (or the equivalent in a different currency), your friend who receives the payment link may need to open a Hirett account before they can receive a payment. If they don’t open a Hirett account on time, we won’t be able to make the payment to them or from them.

3.6. Exchange rate

If you tell us to make a currency exchange, or we need to convert the currency of a payment into or out of your account or a cash withdrawal made using your Hirett Card, we’ll use an exchange rate based on our market rate, which is based on foreign-exchange markets. This means we use is a variable exchange rate which is changing constantly. We add a percentage mark-up if:

• the currency isn’t always easily available (for example, Thai baht); or
• you tell us to make a conversion outside foreign-exchange-market hours. A conversion will be outside foreign-exchange-market hours if it’s between midnight on a Saturday and midnight on a Monday (UK time).

You can see our current exchange rates in the Hirett app. Once we’ve converted the currency, your transaction history in the app will show the exchange rate we used. We use the rate that applies at the time we carry out the conversion.

We’re not responsible if:

• you lose any money as a result of converting currency; or
• you’re charged any fees or lose any money because you’re using your Hirett Card in another country and you ask the retailer (or the retailer’s bank) to make the conversion. (For example, imagine you’re a UK customer travelling in USA. When you pay your bill at a restaurant you agree to pay in pound sterling (£) rather than USD($). This means you’ve asked for the retailer’s bank to convert the currency. We can’t be responsible if that bank gives you a worse exchange rate or charges you fees).

3.7. Payment and exchange cancelation

You can cancel a payment at any time up to the end of the business day before the payment is due to be paid from your account.

You can’t cancel a payment on the same day it’s due to be paid from your account. This means that you cannot cancel transfers between Hirett accounts.

You also can’t cancel a currency exchange once we’ve received your request to carry it out. It’s easy to cancel a bank transfer. You can cancel a bank transfer through the Hirett app.

3.8. Payment processing duration

We understand that when you make a payment, one of the most important things is that the person the payment is for receives it on time. When their bank will receive the money depends on what time you tell us to make the payment, and the currency you want us to make it in.

3.8.1. Same currency payments

The processing duration of a payment will vary depending on the type of transaction, hour or day you place the payment:

• If you want to make a transfer to an Hirett account, the payment will be processed instantly.
• If you want to make a payment to someone else’s bank and you make the transaction before 1pm on a business day, the payment will be processed instantly.
• If you want to make a payment to someone else’s bank and you make the transaction after 1pm on a business day, the payment will be processed the next business day.
• If you want to make a payment to someone else’s bank and you make the transaction on a non- business day, the payment will be processed the next business day.
• If you want to make a payment link transfer to a bank account, the payment will be processed as soon as the person you want to pay enters their bank details (as long as this is within 24 hours of you sending them the payment link).
• If you want to make a payment to a bank account at a future date (such as a recurring payment), the payment will be processed on the same date if it is a business day or the next business day if it is not.

3.8.2. Payments in a different currency

The processing duration of a payment will vary depending on the currency you want to make the payment in:

• If you want to make a payment from euro (€) to pound sterling (£) or from pound sterling (£) to euro (€), the payment will be processed the next business day.
• If you want to make a payment to an EEA bank account (not in the UK) in any other currency besides euro (€) or pound sterling (£), the payment will be processed within the next 4 business days.
• If you want to make a payment in any other currency besides euro (€) or pound sterling (£) to a bank account outside the EEA, the processing time will depend on where the bank of the person you want to pay is. Please contact us through the Hirett app and we’ll do what we can to help you.

If you tell us to make a currency exchange you will receive the converted e-money immediately.

3.9. Delay and rejection of payments

We must refuse to make a payment, or delay a payment, in the following circumstances:

• if legal or regulatory requirements prevent us from making the payment or mean that we need to carry out further checks;
• if you have broken these terms and conditions in a way that we reasonably believe justifies us refusing or delaying your payment;
• if we believe that processing your instruction would break these terms and conditions or that your instruction doesn’t contain all the information we need to make the payment properly;
• if the amount is over, or would take you over, any limit that applies to your account;
• if there is not enough money available in your account to make the payment and cover any charge;
• if a bankruptcy order is made against you or you’ve entered into an individual voluntary arrangement with your creditors;
• if, even after doing everything reasonably possible, we won’t be able to make the payment on time;
• if a third party prevents us from making the payment (for example, if Mastercard or Visa do not allow a payment or cash withdrawal using your Hirett Card);
• if you owe us money or we intend to exercise our right of set-off (as explained below);
• if we have asked you for important information we reasonably need and you have not given us that information; or
• if we have suspended your account.

We may also refuse to issue a new Hirett Card if you do not have enough money in your account to pay us to issue or deliver the card.

3.9.1 When we refuse to make a payment, we’ll always try to let you know

If we can, we’ll use the Hirett app to tell you that we have refused to make a payment. If you’d like to find out why we refused the payment, and what you can do to solve any problem, please contact us through the app.

We won’t be responsible for any losses you suffer as a result of us refusing or delaying a payment.

3.10. Third-party fees for making or receiving payments

Other banks involved, such as the bank of the person you are paying or certain correspondent or intermediary banks (banks that help transfer the money between other banks) might sometimes take their fees from the payment you’re sending or receiving. This could mean that you or the person you are paying receives less than expected. For example, you could only receive £90 from someone who has sent you £100 because the other person’s bank has charged a £10 fee.

This might happen if:

• the bank of the person you are sending a payment to or receiving a payment from is within the EEA, and the payment is in a currency that is not the currency of an EEA member state; or
• you make a payment to or receive a payment from someone whose bank is outside the EEA.

We can’t guarantee that the full amount will be paid into the other person’s account without a fee being taken by another bank.

4. Losses and eventualities

4.1. Money theft in the account

Let us know as soon as possible through the Hirett app (and no later than within 13 months from the date the money was taken from your account). We’ll pay the money back into your account if any of the following apply:

• you couldn’t have known that your security details or Hirett Card were at risk of being misused;
• the payment happened because someone we’re responsible for made a mistake;
• the payment was taken after you told us that someone knew your security details or your Hirett Card was lost or stolen, or we didn’t give you a way to tell us about this;
• the law required us to make you follow certain prompts when you instructed us to make the payment and we didn’t do this; or
• you made a payment to pay for certain goods or services you bought online or through some other method that is not face-to-face (there are some types of contracts this might not apply to, such as contracts for rental accommodation, but we can give you more information about this when you let us know about the problem).

We’ll also pay back any charges you had to pay as a result of the payment being taken from your account.

We won’t refund any money if you’ve acted fraudulently, or you intentionally or carelessly failed to keep your security details or Hirett Card safe (unless you told us about this before the payment was taken from your account). For example, we wouldn’t make a refund if you gave someone your Hirett Card PIN and they made a payment using your card without you knowing about it.

4.2. Account or debit card blocking by Hirett

The safety of your money is important to us. We might prevent you from making payments from your account or with your Hirett Card if we’re reasonably concerned about its security or that it might be used fraudulently or without your permission.

We might also have to block your account or Hirett Card to meet our legal obligations.

We’ll tell you through the Hirett app before, or as soon as possible after, we block your Hirett app or Card. We’ll also let you know why we’ve done it (unless it would reduce your or our security or it would be unlawful).

4.3. Account suspension or closure by Hirett

We may close or suspend your account immediately, and end your access to our website, in exceptional circumstances. Exceptional circumstances include the following:

• if we have good reason to suspect that you are behaving fraudulently;
• if you haven’t given us (or someone acting on our behalf) any information we need, or we have good reason to believe that information you have provided is incorrect or not true;
• if you’ve broken these terms and conditions in a serious or persistent way and you haven’t put the matter right within a reasonable time of us asking you to;
• if we have good reason to believe that your use of the Hirett app is harmful to us or our software, systems or hardware;

• if we have good reason to believe that you continuing to use your account could damage our reputation or goodwill;
• if we have asked you to repay money you owe us and you have not done so within a reasonable period of time;
• if you’ve been declared bankrupt; or
• if we have to do so under any law, regulation, court order or ombudsman’s instructions.

We may also decide to close or suspend your account for other reasons. We would contact you through the Hirett app at least two months before we do this.

Closing your account and ending the agreement may also end any other agreements you have with us or through us. You can get more information through the Hirett app or by contacting us.

4.4. These terms can change

We’ll only change these terms and conditions for the following reasons:

• if we think it will make them easier to understand or more helpful to you;
• to reflect the way our business is run, particularly if the change is needed because of a change in the way any financial system or technology is provided;
• to reflect legal or regulatory requirements that apply to us;
• to reflect changes in the cost of running our business; or
• because we are changing or introducing new services or products that affect our existing services or products covered by these terms and conditions.

4.4.1. Notification on changes

If we add a new product or service that doesn’t change the terms and conditions of your account, we may add the product or service immediately and let you know before you use it.

Otherwise, we’ll give you two months’ notice through the Hirett app before we make any change. We’ll assume you’re happy with the change unless you tell us that you want to close your account before the change is made.

4.5. Refund rights for Hirett Card payments

4.5.1. Hirett Card payments

You can ask us to refund an amount taken from your account if all of the following apply:

• you agreed that a payment could be taken, but didn’t agree the actual amount of the payment;
• the amount taken is more than you reasonably expected in all the circumstances (including your spending pattern);
• the person you paid is in the EEA;
• you didn’t authorise the payment directly with us;
• we and the person you paid did not give you any information about the payment during the four weeks before it was taken; and
• you ask us for the refund within eight weeks of the payment being taken from your account.

For example, you could get a refund if you gave a hotel permission to charge your Hirett Card for anything you take from the minibar, but the hotel has charged you more money than you could reasonably have expected at the time you gave them permission to do this.

We may ask you for more information to investigate the matter. We’ll provide a refund, or tell you why we couldn’t provide one, within 10 business days from the date you give us the information we ask for.

4.6. Hirett responsibilities in case of losses in an account, Hirett Card or the Hirett app

We’ll do as much as reasonably possible to make sure that our services are not interrupted and are accessible at a reasonable speed. However, we can’t promise that this will always be the case or that the services will be free from faults. We also rely on some third parties to provide services to you, which can sometimes disrupt our services. We’ll always do our best to solve any problems with our services, no matter what the cause.

If you have a Hirett Card, we will let you know about any changes to our system that will affect your ability to use the card.

We will not be responsible for losses resulting from us failing to meet our obligations for payments into and out of your account because:

• of a legal or regulatory requirement; or
• unforeseeable events outside our control, which were unavoidable at the time.

If you can’t use your Hirett Card for any reason we will only be responsible to you for replacing the card.

4.6.1. We will only be responsible for foreseeable losses

If we break the agreement, we will only be responsible for any loss that we could have foreseen at the time we entered into the agreement.

Nothing in these terms and conditions removes or limits our liability for death or personal injury resulting from our negligence or from fraud or fraudulent claims and statements.

4.7. Debt with Hirett

You cannot borrow money on your account (for example, make payments of more than the value of the money in it).

If you owe us fees (other than third-party fees for making or receiving a payment) or any other amount, we’ll take the amount you owe us from your account, in the currency of the country you live in (your base currency).

You may be responsible for paying taxes or costs that apply to payments you make or receive through your account and that we are not responsible for collecting from you. Sometimes, for example if you’re a legal resident of the Republic of Ireland or you withdraw money through an ATM in the Republic of Ireland, we may collect the appropriate amount of stamp duty up to the legal maximum as required by the Irish Revenue Commissioners. So please make sure you check for yourself.

4.8. Your responsibility for our losses

You may be responsible to us for certain losses.

If you have broken these terms and conditions, and this has caused us to suffer a loss, the following will apply:

• you will be responsible for any losses we suffer as a result of your action (we will try to keep the losses to a minimum);
• if your actions result in us losing profits, you may also be responsible for those losses. You won’t be responsible if this would mean that we are compensated twice for the same loss; and
• you will also be responsible for any reasonable legal costs that arise as a result of our losses.

4.9. Complaints

4.9.1. Good intention and predisposition

We always do our best, but we realise that things sometimes go wrong. If you have a complaint, please contact us.

4.9.2. The Financial Ombudsman Service

If you are unhappy with how we have dealt with your complaint, you can refer it to the Financial Ombudsman Service within six months of the date we sent (or should have sent) our final response to you.

Their address is: Exchange Tower London E11 5SR. Phone from UK: 0800 000 0000
Phone from outside UK: +44 (0)000 000 0000

You can find more information on their website. You can also use their service through the Online Dispute Resolution platform.

If your complaint is about our service relating to payments into and out of your account, you can also make a complaint to the Financial Conduct Authority.

4.9.3. More information

Send an email to contact@Company.com for more information about our complaints handling procedure.

4.9.4. Complaint procedure

If you’d just like to speak to someone about an issue that’s concerning you, please contact us through the Hirett app. We can usually settle matters quickly through the app. You’ll probably need to give us the information below.

If you prefer you can make your complaint using this form. Or you can email us at feedback@Company.com.

You’ll need to tell us:

• your name;
• the phone number and email address associated with your account;
• when the problem arose; and
• how you’d like us to put the matter right.

We’ll look into your complaint and respond to you by email. We will communicate with you in English, unless we tell you otherwise.

5. Legal considerations

5.1. Permission for us to process your personal information

To provide services under the agreement we need to collect information about you. Under data protection law, we are what is known as the ‘data controller’ of your personal information.

By entering into the agreement you are giving us permission to gather process and store your personal information for the purpose of providing our services to you. This doesn’t affect any rights and obligations you or we have under data protection law.

You can withdraw your permission by closing your account, which will end the agreement between you and us. If you do this, we’ll stop using your information for the purpose of providing our services, but we may need to keep your information for other legal reasons.

5.2. Our intellectual property

Except as we’ve set out in section 5.3 below, we own all the intellectual property in our products (for example, the content in our app and on our website, our logo and card designs). You must not use our intellectual property as your own, except to enjoy our products. You also must not reverse- engineer any of our products (that is, reproduce them after a detailed examination of their construction or composition).

5.3. Final conditions of the agreement

5.3.1. Our contract with you

Only you and we have any rights under the agreement.

The agreement is personal to you and you cannot transfer any rights or obligations under it to anyone else.

5.3.2. Our right to transfer

We will only transfer any of your and our rights or obligations under the agreement if we reasonably think that this won’t have a significant negative effect on your rights under these terms and conditions or we need to do so to keep to any legal or regulatory requirement. When we transfer rights and obligations we call this ‘novation’. When we only transfer rights, we call this ‘assignment’.

5.3.3. English law applies

The laws of England and Wales apply to these terms and conditions.

5.3.4. The English version of the agreement applies

If these terms and conditions are translated into another language, the translation is for reference only and the English version will apply.

5.3.5. Third-party intellectual property

The Hirett app may displays third-party features and content, which includes intellectual property that doesn’t belong to us. For this reason, the third-party additional terms of service and third-party privacy policy apply to your use of the third-party features and content.

5.3.6. Our right to enforce the agreement

If you have broken the agreement between you and us and we don’t enforce our rights, or we delay in enforcing them, this will not prevent us from enforcing those or any other rights at a later date.

5.3.7. Taking legal action against us

If you want to take legal action against us in the courts, only the courts of England and Wales can deal with any matter relating to these terms and con