1. Introduction
Welcome to Jamboo Limited ("Jamboo," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website, general account and any other services we offer (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, please do not use our Services.
These Terms and Conditions should be read together with those of Transact Payments Limited available at Schedule 1 below (the “TPL Terms and Conditions”).
Our Website Terms, Privacy and Cookie Policies are available online at www.jamboo.app. All of these apply to you.
2. Who are We?
Jamboo Limited is a financial technology institution registered as a private limited company in the United Kingdom (Company Registration Number 14541056). Our principal place of business is located at 307 Euston Road, London, NW1 3AD. We are a co-brand of Payload Limited, who act as a Programme Manager under Transact Payments Limited (TPL), a company which is incorporated and registered in Gibraltar with company number 108217 and registered office is at 6.20 World Trade Center, 6 Bayside Road, Gibraltar, GX11 1AA. Transact Payments Limited is a licensed electronic money institution authorised and regulated by the Gibraltar Financial Services Commission to issue electronic money and provide payment services.
3. General Conditions
3.1 Your agreement with us is contained in these terms and conditions (including, as applicable, the TPL Terms and Conditions) as updated from time to time and duly notified and made available to you.
3.2 If there is any conflict between these terms and conditions and the TPL Terms and Conditions, the TPL Terms and Conditions will prevail. Likewise, if a specific provision in these terms and conditions pertains to a particular product or service, that specific provision will override any general provisions regarding that product or service in case of inconsistency.
3.3 We will usually communicate with you through the Jamboo 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 Jamboo app for this information. We may also communicate with you by text message or email, we encourage you to regularly check your text messages and emails.
4. Definitions
Account:
Your Jamboo e-wallet account that allows you to access and use the Services.
Applicable Laws:
All laws and regulations applicable to the Services, including those of the United Kingdom.
Content:
Any information, data, text, graphics, or other materials you submit, post, or transmit through the Services.
E-Money:
The electronic money stored in your Wallet. E-money is an electronic alternative to cash and is an acceptable form of payment.
User:
Any individual or entity using the Wallet.
Services:
The Jamboo mobile application, website, and all related features and functionalities offered by Jamboo.
5. Account Registration
5.1 To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to ensure it remains accurate, current, and complete.
5.2 You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
5.3 You agree to provide accurate and complete information when creating your Account and to keep your information current.
5.4 We will conduct due diligence when opening an account with you of your full name, date of birth, mobile phone number, residential address and email address. You will also provide us with a selfie and a photograph of your valid government-issued proof of identification (for example, your passport). This is done for several reasons, including verifying your identity, as well as complying with legal and regulatory obligations.
5.5 We may require additional documentation and information from you during the lifetime of these terms. If you do not provide us with the information or documentation we require, Jamboo may withhold its services and freeze your money until Jamboo receives the documentation or information that Jamboo requires.
5.6 Furthermore, we will also request information about you and the source of the funds you deposit into your account.
5.6 Our Customer Privacy Notice (available on our website) provides further details on how we use your information for these and other purposes. Once we have gathered the necessary information, we will proceed to open your account.
6. Fees and Charges
6.1 The fees and charges for using our Services are outlined in our Fee Schedule, which is available on our website. By using our Services, you agree to pay all applicable fees and charges.
6.2 We reserve the right to change our fees and charges at any time. However, we shall keep you informed of any changes by giving you reasonable notice.
7. Services
7.1 General Services
Jamboo provides various financial technology services, including but not limited to electronic money accounts, payment processing, and other financial services. Specific terms and conditions may apply to certain Services, which will be provided to you when you sign up for such Services.
7.2 Service Availability
We will make reasonable efforts to ensure that our Services are available at all times. However, we do not guarantee that the Services will be uninterrupted or error-free and we reserve the right to suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.
7.3 You agree not to use the Services
- To harm, threaten, or abuse any other person.
- To interfere with or disrupt the Services.
- To use any unauthorized means to access the Services, such as scraping or bots.
- To transmit any viruses or other harmful code.
7.4 Preventing Financial Crimes
We are committed to conducting our business with integrity. We respect our legal, regulatory, social and ethical responsibilities to protect our customers against financial crimes and the regulators and law enforcement to combat financial crimes, such as money laundering, financing terrorism, tax evasion, bribery and fraud.
7.5 You must not engage in prohibited activities
You must not engage in any prohibited activities or use any of your accounts with us or this agreement for any prohibited activities. Prohibited activities include:
a) Any activities that do not comply with applicable laws;
b) Illegal or terrorist activities, or the financing of these activities;
c) Financial crimes, including money laundering, bribery, tax evasion, corruption or fraud, including a payment that improperly advantages any person;
d) Any activities that sanctions apply to.
You warrant to us that on the date of creating this account you are not involved in any illegal or terrorist activities.
7.6 Consequences of breaking your warranty
7.6.1 If you breach your warranty:
a) You agree to pay us for any loss that we suffer as a result of your breach of; and
b) You agree to pay Jamboo for any loss that it incurs caused by your breach; and
c) You agree to pay immediately on demand.
7.7 We may investigate suspected prohibited activities
7.7.1 We may conduct identity and fraud checks on you. We may share information about your application for and conduct on any product with any of the following:
a) Any regulatory authority
b) Any person involved in fraud prevention or law enforcement
c) Affected third parties.
7.7.2 You must help us, at your expense, to investigate any prohibited activities, including giving us all information we ask for relating to the prohibited activities. If we suspect or find any prohibited activities, you give consent for us to share the relevant details with any person listed above.
7.8 We may suspend your access to the product and your accounts.
7.8.1 If we suspect that an account or a product has or is being used for, or is linked to any prohibited activities, we will take immediate action. We do not have to give you notice of the action we will take. We may:
a) Restrict activity on the relevant account or product so that you cannot transact through it.
b) Suspend access to any one or more of your accounts, products or your money.
c) Secure the money related to the prohibited activities and transfer it into a suspense account.
d) We may take any one or more of these actions for as long as is necessary to protect our rights and those of any affected third parties.
8. Permitted Acts
By using the Services, you are permitted to perform the following acts:
- Send money (subject to permitted limits) and Make payments to third parties including but not limited to open banking. Open banking is whereby you can access your accounts with other providers, and initiate payments from those accounts,
- Upload money into your wallet
- Receive money from third parties.
- Purchase mobile data
- View balance and download account statements.
- Access and manage your electronic money account.
- Utilize other financial services as made available by Jamboo.
9. Privacy and Data Protection
9.1 Privacy Policy
Our Privacy Policy, which is available on our website, describes how we collect, use, and protect your personal data. By using our Services, you consent to the collection, use, and sharing of your personal data as described in our Privacy Policy.
9.2 Account Security
At Jamboo Limited, the security of your electronic accounts is a top priority. To help ensure your account remains safe, please adhere to the following guidelines:
- Confidentiality:
Keep your account credentials (username, password, PIN, etc.) confidential. Do not share them with anyone. In case you have forget your password, contact customer services.
-Strong Passwords:
Use strong, unique passwords for your account and change them regularly. Avoid using easily guessable information such as birthdays or common words.
- Two-Factor Authentication (2FA):
Enable two-factor authentication for an added layer of security.
- Secure Devices:
Ensure the devices you use to access your account are secure. Keep your operating system and apps up-to-date, and avoid using public or unsecured Wi-Fi networks for sensitive transactions.
- Monitor Activity:
Regularly monitor your account activity and statements. Immediately report any suspicious or unauthorized transactions to our customer support.
- Beware of Phishing:
Be cautious of unsolicited emails, messages, or calls asking for your account details. Jamboo will never ask for your password or PIN via email or phone.
- Log Out:
Always log out of your account when accessing it from shared or public computers.
- Report Security Issues:
If you suspect that your account has been compromised or notice any unusual activity, contact us immediately at support@jamboo.app.
If possible, you can also freeze your account using the Jamboo app. If you later determine that there is no risk to your Jamboo Card's security, you can unfreeze it.
10. Fraud Awareness and Prevention
10.1 Fraud Prevention
We take fraud prevention seriously and implement robust measures to protect our users. However, you are also responsible for taking appropriate steps to safeguard your account and personal information.
10.2 Reporting Fraud
If you suspect any fraudulent activity involving your account or our Services, you must notify us immediately at support@jamboo.app. We will investigate all reported cases of fraud and take appropriate action.
10.3 Fraud Awareness
We encourage you to visit our Fraud Awareness page for tips on how to protect yourself from fraud and to stay informed about the latest security threats.
11. Using third party provider (TPP)
11.1 The Services may contain links to or integrate with third-party websites, services, and applications. We are not responsible for the content or privacy practices of any third-party services. You should review the terms and conditions of any third-party services before using them.
11.2 A TPP is an app or web service that allows you to do things such as access information on your online accounts held with different providers in one place. You can also make payments from those online accounts via a TPP. You must give a TPP your permission to do these things. If you use a TPP, the terms and conditions of this agreement still apply to you in addition to the terms and conditions of any agreement you might make with the TPP.
11.3 Following your consent, we’ll allow the TPP access to account information and you’ll be able to make any payments through the TPP that you’d be able to make if you were dealing with us online. Account information will include details about who you make payments to and receive payments from.
11.4 You must check from the information the TPP has to give you that they’re authorised. If you give your security credentials to an unauthorised third party, we’ll assume it’s you that’s authorising us to give access to information about your accounts and you’ll be responsible for any payments made as a result. If we’re aware that an unauthorised third party is using your security credentials, we’ll block access to your accounts.
11.5 To protect you, we may refuse to allow a TPP to access your account if we’re concerned that the TPP is unauthorised or acting fraudulently. We’ll tell you if we do this, unless it would be unlawful or would compromise our reasonable security measures.
11.6 If you think a payment made through a TPP was unauthorised or incorrect, you must contact us as soon as you can.
12. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SECURITY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
13. Limitation of Liability
To the fullest extent permitted by law, Jamboo shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
(i) Your use or inability to use the Services;
(ii) Any unauthorized access to or use of our servers and/or any personal information stored therein;
(iii) Any interruption or cessation of transmission to or from the Services;
(iv) Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Services by any third party; or
(v) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Jamboo has been advised of the possibility of such damages.
14. Indemnification
You agree to indemnify, defend, and hold us harmless from and against any and all claims, losses, expenses, liabilities, and damages (including reasonable attorneys' fees) arising out of or related to your use of the Services or your violation of these Terms.
15. Termination
15.1 You may terminate your account at any time by contacting our customer support through email on support@jamboo.app or through the Jamboo app. Upon termination, you must cease all use of the Services.
15.2 You must cancel any payments into and out of your account. If you close the account that your debit card is linked to, we’ll link it with another account you hold with us. If your relationship with us ends, you can ask us for copies of any documents that were uploaded to the app as well as your transaction information for the previous six years.
15.3 We reserve the right to suspend or terminate your account and access to the Services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.
16. Changes to the Terms
We may revise these Terms at any time by posting the revised Terms on the Services. You are responsible for checking the Terms periodically for updates. By continuing to access or use the Services after any changes to the Terms, you agree to be bound by the revised Terms. Changes might be as a result of:
a) changes in laws or regulations;
b) decisions or recommendations we have to follow (such as those made by Court or Regulators);
c) New Industry Guidance and Codes of Practice.
17. Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.
18. Entire Agreement
These Terms constitute the entire agreement between you and us regarding your use of the Services and our website.
19. Complaints Procedure
If you have any complaints regarding our Services, please read our complaints procedure policy on our website on how to submit a complaint.
20. Contact Us
If you have any questions about these Terms or our Services, please contact us at hello@jamboo.app
Thank you for choosing Jamboo Limited. We look forward to serving you.
Version: 1.1
Last updated on 7th August 2024
IMPORTANT INFORMATION: Please read this Agreement carefully before requesting a Wallet. This Agreement becomes effective and binding on you when you click to accept it when you apply for a Wallet. This Agreement will continue until either you or we end it, in accordance with the terms set out below.
This Agreement refers to the Fees & Limits Schedule available here and constitutes a binding agreement between you and Transact Payments Limited.
2. The Agreement and Wallet
2.1. The Wallet is an electronic money account provided by us in accordance with our licence granted by the Gibraltar Financial Services Commission. You must use the Wallet in accordance with this Agreement.
2.2. You can download or print the latest version of this Agreement at any time from the App.
2.3. If you do not agree with or accept any of these terms and conditions, you should close the Wallet and stop using the App.
3. Applying for a Wallet
3.1. To apply for, and use, a Wallet you must be at least 18 and resident in the United Kingdom.
3.2. You may apply via the App (downloaded via Google Play or the Apple App Store). We may require you to provide information/documentary evidence to prove your identity and address and/or we may carry out electronic identification verification checks on you.
3.3. Once we have been able to successfully complete KYC, you will receive an activation confirmation on the App and you will be able to use the Wallet.
3.4 You are only allowed to hold one Wallet where your Available Balance is located. If we discover that you do have more than one Wallet, we may block the Wallet and terminate this Agreement.
4. Personal Details
4.1. When you buy goods and services online, some websites may require you to enter your Personal Details. If this happens, you should enter your up-to-date Personal Details.
4.2. You must notify Jamboo of any change in your Personal Details as soon as possible by contacting Customer Services or updating the details in the App. You will have to pay for any loss that happens directly as a result of any delay in telling that your Personal Details have changed or if you have not told us because you’ve been grossly negligent or committed fraud. We will need to verify your new Personal Details and may request relevant KYC information/documents from you.
4.3. We, or Jamboo, reserve the right at any time to satisfy ourselves that your Personal Details are correct (for example, by requesting relevant original documents) including so that we can prevent fraud and/or money laundering. You also agree to authorise us and Jamboo to undertake electronic identity verification checks on you either directly ourselves or using relevant third-party companies at the time when you apply for a Wallet or at any time in the future.
5. Using the Wallet
5.1. You can use the Wallet subject to the Fees which you can find in the Fee Schedule. The Fees will be deducted from the Available Balance as they are charged to you.
5.2. You can receive funds into the Wallet by electronic funds transfer using CHAPS, Faster Payments and any other payment type as notified by us to you from time to time. We will credit the Wallet when we receive the funds.
5.3. The Wallet can also receive internal transfers from other Wallets owned or controlled by you, which apply instantly.
5.4. The following information is applicable if you use the Wallet to purchase airtime vouchers:some text
i. the airtime vouchers are provided to Jamboo by Ezetop Unlimited Company t/a Ding (“Ding”). Ding is incorporated in Ireland with registration number 422514 and has its registered office at 3 Shelbourne Buildings, Crampton Avenue, Shelbourne Road, Ballsbridge, Dublin 4, D04C2Y6, Ireland;
ii. Jamboo shall be responsible for distribution and sale of the airtime vouchers to you;
iii. we are not associated with Ding in any way; and
iv. we will not sell, nor will we be involved in the sale of, any airtime vouchers purchased from Ding.
5.5. The Wallet will not be credited if:some text
i. the Wallet is suspended, restricted or terminated;
ii. the sender has provided incorrect/invalid Wallet details for the Wallet; or
iii. we suspect the transfer to be fraudulent.
5.6. If we are unable to credit the Wallet for any of the reasons in paragraph 5.4 then the funds may be sent back to the sender without us notifying you beforehand.
5.7. In order to manage our risk, particularly with respect to money laundering, fraud or security concerns, we also apply internal controls, including limits, to certain types of payment. We change these as necessary but for security purposes, we may or may not disclose them to you.
5.8. You can send funds from the Wallet to external bank accounts using Faster Payments, CHAPS and other methods which we notify you about from time to time.
5.9. If for any reason whatsoever a Transaction is carried out, but the amount is greater than the Available Balance, you must pay us the difference immediately. If you don’t pay us after receiving a notification from us, we reserve the right to take all necessary steps to recover the difference, including taking legal action. We may charge the amount of the difference against any funds on the Wallet, including any funds that are loaded at a later date. We may arrange for the Wallet to be suspended until we are reimbursed with the difference.
5.10. The Wallet will be terminated if you use it for any illegal purposes, in accordance with clause 11.6.8.
5.11. The Available Balance on the Wallet will not earn any interest.
5.12. You are not permitted to set up Direct Debits from the Wallet.
6 Third-Party Access to the Wallet
6.1 You can allow a Third-Party Provider (also referred to as a ‘TPP’ or ‘Open Banking Provider’) to have access to the information in the Wallet or to initiate certain Transactions from the Wallet. The TPP must be authorised to provide these services to you, and we recommend that you check their authorisation on their regulator’s register of authorised providers before using them.
6.2 When you use a TPP, you authorise and consent to them accessing the Wallet or making payments from the Wallet on your behalf. Once the TPP properly identifies itself to us, we will treat any instruction from the TPP as if it was an instruction from you. You also consent to us sharing any information (including Personal Data) with the TPP that is reasonably required for them to provide their services to you.
6.3 We may deny a TPP access to the Wallet or to make a payment if we are concerned about unauthorised or fraudulent access by that TPP. If we do block access, we will tell you beforehand or as soon as possible afterwards in a way that we consider the most appropriate. We won’t tell you if Applicable Law prevents us from doing so or if there are valid security reasons for not informing you. We will unblock access to the TPP when the reasons for blocking no longer exist.
6.4 You also have the right to block or withdraw access to the Wallet by the TPP and you should contact Customer Services if you wish to do this.
7 Using the Wallet
7.1 You can use the Wallet subject to the Fees which you can find in the Fee Schedule. The Fees will be deducted from the Available Balance as they are charged to you.
7.2 Unless we tell you otherwise, you can login to the Wallet anywhere.
7.3 You must not use the Wallet for any of the following activities (and if you do undertake any of the following activities you will breach of an important part of this Agreement meaning we can suspend the Wallet, restrict its functionality or terminate this Agreement with immediate effect under clause 11.6.10). You must not use the Wallet for:
8. Authorising Transactions
8.1 You must give your consent to each Transaction by a) entering your PIN or other security information; b) providing the Wallet details and/or providing any other details personal to you and/or the Wallet; or c) authorising a TPP to initiate a Transaction. Once you have given such consent to the Transaction, we will consider it to be authorised by you.
8.2 When you make a Transaction, we consider it to be received when it is received by our processing partner. If a Transaction order is received after 4pm on a Business Day, then it will be considered to have been received on the next Business Day.
8.3 Once a Transaction has been authorised by you and received by us, it cannot be reversed.
8.4 Your ability to use or access the Wallet may occasionally be interrupted, for example, if Jamboo or any third-party service providers need to carry out maintenance on their systems or websites. Please contact Customer Services should you experience any problems using the Wallet and these will be resolved as soon as possible.
9 Managing & Protecting the Wallet
11 Termination of this Agreement
11.1 Unless this Agreement is terminated by you or by us, it shall remain in force.
11.2 When this Agreement is terminated, the Wallet will be closed, and you are not permitted to use either of them.
Termination by You
Termination or Suspension by Us
11.5 We, or Jamboo for us, may terminate this Agreement at any time by giving you two months’ advance notice, which will be sent to the email address that you have provided to us.
11.6 We, or Jamboo for us, can suspend the Wallet, restrict their functionality or terminate this Agreement at any time with immediate effect if:some text
11.6.1 you haven’t given us the information we need or we believe that any of the information that you have provided to us was incorrect or false; or
11.6.2 you do not repay money that you owe to us; or
11.6.3 you fail to provide the Personal Data necessary for us to comply with our legal or regulatory obligations and to fulfil this Agreement; or
11.6.4 we reasonably suspect that the security of the Wallet has been compromised or that you, or any third party, have used, or intend to use the Wallet in a grossly negligent way or for fraudulent or other illegal purposes;
11.6.5 we believe that your use of the Wallet may result in harm to us or our systems; or
11.6.6 we believe that your continued use of the Wallet may damage our reputation; or
11.6.7 you become bankrupt; or
11.6.8 we are required to do so under Applicable Law or if we believe that your continued use of the Wallet may be in breach of Applicable Law; or
11.6.9 we cannot process some or all of your Transactions due to the actions of third parties; or
11.6.10 you have breached an important part of this Agreement or have repeatedly breached any term of this Agreement and have failed to resolve it in a timely manner.
11.7 If we do suspend, restrict or terminate the Wallet then, if we are legally allowed to, we or Jamboo will notify you in advance or as soon as possible afterwards. We may advise anyone involved in the Transaction if a suspension has taken place. If possible, we or Jamboo will provide the reasons for the suspension, restriction, termination or refusal to execute a Transaction. If we suspend or block your Wallet, we will unblock it as soon as the reasons for blocking it no longer exist.
11.8 You can redeem your Available Balance by withdrawing it at an ATM at any time while your Wallet is open. Once your Wallet is closed, and subject to any legal obligations that we have to comply with, you will be able to gain access to the funds in the Wallet at any time within six years from the date that this Agreement ends.
11.9 If your Wallet is closed and you request that we send the Available Balance back to you, we may require that the funds are sent to an account in your name. We may also require you to provide us with KYC information and/or documents so that we can check your identity. We may charge a Redemption Fee if you request your Available Balance before, or at least 12 months after, this Agreement ends. If we do charge a Redemption Fee, it is set out in the Fees & Limits Schedule available on Jamboo’s website here.
11.10 If you owe us any funds or Fees when you request your Available Balance, we shall have the absolute right to deduct those funds of Fees from the funds held in your Wallet.
12 Loss or Theft of funds
12.1 You are responsible for protecting the Wallet funds as if it was cash in a physical wallet – if the Available Balance is lost or stolen, you may lose some or all of the money on the Wallet unless you contact us as specified in this section.
12.2 If you know or suspect that someone has gained unauthorised access to the Wallet or if you think that a Transaction has not been carried out correctly or that you have authorised a Transaction that may be a scam, you must immediately contact customer support email at support@jamboo.app.
12.3 If our investigations show that you authorised a Transaction that you’re disputing or that you acted fraudulently or that you negligently or intentionally breached the terms of this Agreement (for example, if you showed someone your PIN and they made a payment using your Wallet without you knowing about it), we may not refund you the amount that was spent.
12.4 Once you report a loss, theft or unauthorised use of the Wallet, we will block them so that they can no longer be used.
12.5 You agree to cooperate with our agents, any supervisory authority, the police and us if the Wallet is lost, stolen or if we suspect that someone has used it fraudulently.
12.6 If you have authorised a Transaction to an account in the UK that didn’t reach the person that you intended it to or which was made for a purpose which you didn’t intend, we will reimburse that Transaction unless certain circumstances (set out by the Payment Systems Regulator and available at https://www.psr.org.uk/) apply, for example, that you are claiming fraudulently or dishonestly or that you haven’t reported the claim to us within 13 months of making the Transaction. We may deduct up to £100 of the amount that we reimburse to you.
12.7 Before you make a Transaction, you should always check that you have entered the correct details for the recipient and consider making a small test payment (e.g. of £1). Although we may provide you with a Confirmation of Payee name-checking service that allows you to check the name of the account holder before you send the Transaction, you make the ultimate decision on whether to make the payment. Regardless of the results of the Confirmation of Payee check, we recommend that you always doublecheck the recipient account details as we may not be able to recover the funds and reimburse you if you still make a payment to the wrong account.
12.8 If you think that a Transaction has been made that you didn’t authorise or you think that it was incorrect, you must tell us as soon as possible, and no later than 13 months after the Transaction date, and we will refund the amount immediately. We won’t refund it if we believe that the incident may have been caused by a breach of this Agreement, through gross negligence or if we have reasonable grounds to suspect fraud.
12.9 If you don’t think we’ve carried out a Transaction correctly, we will immediately try to trace the Transaction and will notify you of the outcome. We will not charge you for doing this. If we are liable for the Transaction, we will refund the amount as soon as we can, together with the amount of any fees which may have been charged to you.
12.10 If a Transaction that you’re disputing was initiated by a TPP, the TPP must prove that the Transaction was authenticated, accurately recorded and not affected by a fault linked to its payment initiation service.
12.11 If a Transaction that was made within the EEA or the UK arrived later than it should have, according to the terms of this Agreement, you may ask us to contact the receiving bank to ask them to treat it as if it was made on time.
12.12 If you ask us to investigate a Transaction which is initiated by a Payee (for example, a recurring payment which you have authorised) and the exact Transaction amount was not specified when you authorised the payment and the amount was more than you could have reasonably expected, taking into account your previous spending pattern, the terms of this Agreement and the relevant circumstances of the case, we will refund that amount.
12.13 We won’t refund it if the amount relates to currency exchange fluctuations, if you have given your consent to execute the Transaction directly to us or if information on the Transaction was made available in an agreed manner to you at least 4 weeks before the due date of the Transaction.
12.14 We will only provide a refund if you request it from us within 8 weeks of the date on which it was debited.
12.15 If a Transaction is paid into the Wallet that should not have been, we will, where possible, immediately send the funds back to the account or bank acting for the person who sent the payment. If this happens, you agree to return the funds to us and to provide the help we need to recover the amount from you. If we cannot recover the funds, we are required to provide sufficient details about you and the incorrect payment to the bank or institution that sent the payment so that they can recover the funds.
13. Payment Disputes
13.1 If you dispute a Transaction that you have authorised, and which has been processed, you should settle this with the person you bought the goods or services from; we are not responsible for the quality, safety, legality or any other aspect of goods or services purchased with the Wallet.
13.2 If the dispute cannot be resolved you should contact us at Customer Services, and we will try to help you to resolve it.
13.3 If you have reason to believe that a Transaction was carried out without your consent or in error, you may ask Jamboo to investigate it. If an investigation occurs, the disputed amount will be unavailable to spend until our investigation is complete and if we receive information that proves the Transaction was genuine, this will be deducted from your Available Balance and we may charge you an investigation fee, subject to the Fee Schedule. If you do not have sufficient Available Balance, you must repay us the amount immediately when we ask for it.
14. Foreign Exchange
14.1 You can receive payments into the Wallet and make payments out of the Wallet in Pounds Sterling (GBP) only.
14.2 If you use the Wallet in a currency other than the currency of the Wallet (we will refer to this amount in this section as the “Foreign Currency Transaction”), we will use an exchange rate set by Mastercard to convert the amount to the currency of your Wallet and we will deduct it from your Available Balance. For example, if the currency of your Wallet is Euros and you buy a product in Pounds Sterling, we will convert the Pounds to Euros and then deduct the Euro amount from your Available Balance.
14.3 You may also be charged a Currency Conversion Fee as set out in the Schedule below.
14.4 You can compare charges for currency conversion with other Wallets’ charges by checking the real-time percentage difference between the amount that will be charged on the Wallet for a Foreign Currency Transaction (which consists of the mark-up applied by Mastercard as well as any other charges) and the latest available euro foreign exchange rates issued by the European Central Bank. You can see this information on the Website before you make a Foreign Currency Transaction.
14.5 Exchange rates can go up and down quickly and they may change between the time you make a Transaction and the time it is deducted from your Available Balance. You agree that any change to the exchange rate may be applied immediately and without us giving you any notice.
15 Our Liability
15.1 We shall not be liable for: some text
15.1.1 any loss which occurs from anything which is directly or indirectly beyond our control. Examples of this include: if there aren’t enough funds in an ATM, if the ATM network fails, if you can’t withdraw funds due to the ATM operator setting limits on funds that can be withdrawn or if their data processing system doesn’t work properly.
15.1.2 any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;
15.1.3 any loss arising from any use of the Wallet that does not comply with this Agreement;
15.1.4 any goods or services that you buy with the funds in the Wallet;
15.1.5 anyone refusing to accept the Wallet funds; and
15.1.6 any damages that you suffer due to loss, fraud or theft that you have reported to us later than 13 months after the event/debit date.
15.2 If funds are incorrectly deducted from your Available Balance and this is our fault, our sole responsibility will be to pay you the correct amount.
15.3 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
15.4 The exclusions and limitations set out in this paragraph will also apply to any of our partners, including Mastercard and other suppliers, contractors, representatives and any of their partners (if any) which may arise in connection with this Agreement.
16 Complaints
16.1 If you would like to make a complaint about the Wallet, please send an email to Jamboo’s Customer Services department at support@jamboo.app.
16.2 Customer Services will try to respond to you by email as quickly as possible and at the latest within 15 Business Days.
16.3 If you’re not happy with the response from our Customer Services team, you can escalate your complaint to the TPL Issuer Complaints Department directly via email at complaints@transactpay.com. Please ensure you include the required Personal Details so we can properly identify and contact you.
16.4 If TPL’s Complaints Department is unable to respond to your complaint immediately, you will receive confirmation that your complaint has been received and a formal investigation will be conducted. You will receive a formal response of our findings within 35 Business Days of your complaint. We will make every effort to reach a resolution to your complaint and will fully explain the reasoning behind our decision.
16.5 In the unlikely event that we are unable to resolve your issue to your satisfaction, you have the right to refer your complaint to the 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.
17 General Communication
17.1 When we or Jamboo communicate with you, we’ll do it by email to support@jamboo.app. We’ll use the latest contact details which you have provided us with.
17.2 You may contact Customer Services via the details which are set out in clause 1.
18. Personal Data
18.1 TPL will collect certain information about the user of the Wallet in order to operate the Wallet. We need you to provide your Personal Data (for example, your name and address) so that we can carry out our obligations under this Agreement. Sometimes we may need to use your Personal Data so that we can take certain steps, where you ask us to, before we enter into this Agreement. If you don’t provide the Personal Data which we ask you for, we will take steps to end this Agreement in accordance with clause 11.6.3 above.
18.2 We will manage and protect your personal data in accordance with all applicable data protection laws. For full and comprehensive information about when and why we collect personal information about you, how we use it and the conditions under which we may disclose it, please refer to our Privacy Policy which is provided to you at the time we collect your Personal Data.
19. Changes to this Agreement
19.1 We can update or amend this Agreement at any time if we give you at least 2 months’ notice first. If we do this, we shall ask Jamboo to notify you by e-mail to support@jamboo.app (using the latest email address you have provided us with).
19.2 If you do not agree with our proposed changes to the Agreement, you may end this Agreement at any time within the 2-month notice period. You can also withdraw any unused Available Balance at that time without incurring a Fee. If you don’t notify us before the 2-month deadline, we will consider that you have accepted the changes to this Agreement.
19.3 If any part of this Agreement does not comply with any regulatory requirements, then we will not rely on that part, but we’ll treat it as if it did actually reflect the relevant regulatory requirement. If we need to make operational changes before we can fully comply with a new regulatory requirement, we will make those changes as soon as we reasonably can.
20 Language
20.1Only the English language version of this Agreement, any communications that we send to you and any content on the Website will apply. If we translate this Agreement or any other content into another language, the translation is for reference only.
21. Governing Law
This Agreement is governed by Gibraltar law.
22. Jurisdiction
You agree to the non-exclusive jurisdiction of the courts of Gibraltar. ‘Non-exclusive jurisdiction’ means that you may also have the right to refer a dispute to the court of another country.
23 Miscellaneous
23.1 Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time. This means that if we don’t enforce our rights against you at a particular time, we are still able to do so at a later time.
23.2 The Wallet is a payment service product and not deposit or credit or banking products and, as such are not governed by the Deposit Security Scheme of Gibraltar (https://www.gdgb.gi). The deposit scheme protects customers’ money when financial firms fail. You can find out more about them at the link provided above. We will, however, safeguard your funds so that they are protected by Applicable Law if we become insolvent. If you’d like further information on how your funds are protected, please contact Customer Services.
23.3 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
23.4 You may not transfer any of your rights and benefits under this Agreement. This means that the Agreement is personal to you, and you can’t transfer it to anyone else. You will remain liable until all Wallets issued to you are cancelled or have expired and all sums due under this Agreement have been paid by you in full. We may transfer our rights and benefits under this Agreement to a third party and may subcontract any of our obligations under this Agreement, if we reasonably believe that this would not have a significant negative effect on your rights.
23.5 The Wallet is provided by Transact Payments Limited pursuant to its licence from the Gibraltar Financial Services Commission .
23.6 Jamboo administers the Wallet provided by Transact Payments Limited and is available to give You customer service support if You have any queries. Jamboo will also conduct activities such as sponsorship, marketing, and providing the IT platform and will carry out due diligence on You.
© Jamboo Ltd 2024
Jamboo Limited is a financial technology institution registered as a private limited company in the United Kingdom (Company Registration Number 14541056). Our principal place of business is located at 307 Euston Road, London, NW1 3AD.We are a co-brand of Payload Limited, who act as a Programme Manager under Transact Payments Limited (TPL).Payment accounts and related payment services are provided by Transact Payments Limited, a payments and electronic money institution authorised and regulated by the Gibraltar Financial Services Commission (GFSC) to offer payment and electronic money services in Gibraltar and the United Kingdom. Registered office: 6.20 World Trade Center, 6 Bayside Road, Gibraltar, GX11 1AA. Incorporation number 108217.Whilst Electronic Money products are not covered by the Financial Services Compensation Scheme, your funds will be held in one or more segregated accounts and safeguarded in line with Part 4 of the Financial Services (Electronic Money) Regulations 2020.
