Set out below are the terms and conditions of the Hoopers Account Card Scheme promoted and operated by Hoopers.

Terms & Conditions

1. Definitions

1.1 In this agreement:

• Account: means the account maintained by us for you in connection with the use of the Card.
• Card: means any credit card including any additional or renewed card supplied by us from time to time under this agreement, and Card Number means the identifying number on the card.
• Conditions: means these or any other conditions of use from time to time. Credit Limit: means the maximum debit allowance allowed on your Account as we may notify to you from time to time.
• Interest Rate: means the relevant interest rate stated as varied by us from time to time.
• Principal Cardholder: means you, and Additional Cardholder means any other person or persons to whom or for whose use we supply a Card at your request.
• Statement: means any statement for goods or services obtained by the use of the Card or Card Number.
• Transaction: means any payment for goods or services obtained by the use of the Card or Card Number.

2. Account

2.1 We shall open an Account in your name under this agreement.

2.2 To hold an Account, you must be over 18.

3. Variation of Conditions

3.1 We may vary all or any of these Conditions at any time by giving you 28 days’ prior written notice if and when it becomes necessary or appropriate to do so in order to comply with legal, fiscal or regulatory requirements, to reflect alterations in the nature and extent of the service which we are able to provide to you having regards to our systems and capabilities and to market practice and to the level of customer demands, to reflect any corporate amalgamation or reconstruction which affects us or to rectify errors, inconsistencies, ambiguities or omissions in them.

4. Issue of Card

4.1 We shall issue to you (and within our sole discretion to any Additional Cardholder who agrees to be bound by the Conditions and who is nominated by you) a Card to enable you (and any Additional Cardholder) to obtain the facilities from time to time made available by us to cardholders under this agreement including Transactions.

4.2 The Card is and remains our property, must be returned to us on request, and may be retained at any time by us or by any person acting on our behalf. We shall not be liable for any refusal by any person to accept or honour the Card or the Card Number.

4.3 The Card belongs to us and we may cancel or suspend its use or ask for it back at any time and without prior notice, although we will confirm this to you in writing. If we request the return of the Card it must be returned immediately, cut in half across its magnetic strip; a person acting for us may recover or retain the Card.

5. Credit Limit and Statement of Account

5.1 We shall notify you of the Credit Limit when we send you your Card, and each month we shall prepare and send to you a Statement of your Account showing all debits and credits to the Account since your previous Statement. You must tell us immediately if your Statement is incorrect.

5.2 You must pay to us within one calendar month of the date shown on your Statement the minimum payment shown on your Statement, although you may pay any larger sum you wish. You must repay to us on demand the amount by which the balance outstanding on your Account exceeds the Credit Limit. We may vary or withdraw your Credit Limit upon giving you notice to that effect.

6. Use of the Card and Card Number

6.1 You must ensure that you and any Additional Cardholder:
6.1.1 sign all Cards immediately upon receipt;
6.1.2 keep all Cards secure at all times and do not allow any other person to use them or any Card Number;
6.1.3 in using the Cards, do not exceed the Credit Limit;
6.1.4 do not use any Card or Card Number before or after the period for which it is stated to be valid, or after any notification of its cancellation or withdrawal is given to you either by us or any person acting on our behalf; and
6.1.5 take effective steps to destroy any Card which has expired or been cancelled by cutting it in half across its magnetic strip.

6.2 Unless and until any termination takes place, we shall issue you and any Additional Cardholder with replacement Cards from time to time. The Card remains our property and must be returned to us on request.

7. Operation of the Account

7.1 We shall debit to the Account the amount of each Transaction, charges, any Account fee and interest at the relevant Interest Rate which has accrued under this agreement.

7.2 If a supplier contacts us for confirmation that we will pay a proposed Transaction and we so authorise the supplier, the amount of the authorised Transaction will immediately reduce the amount of credit available on the Account even though the Transaction has yet to be debited to the Account.

7.3 Once the Card has been used for a Transaction, the Transaction cannot be cancelled or stopped.

7.4 Subject as provided, interest will be charged on the amount of each Transaction on a daily basis from the date any such amount is debited to the Account until full repayment is credited to the Account.

7.5 Where any supplier involved in a Transaction becomes liable to make any refund to you, we shall credit the Account with the amount to be refunded only on the receipt of a properly issued refund voucher or other appropriate verification of the refund by that supplier.

8. Allocation of Repayments

8.1 Repayment will take place when remittances are credited to the Account, and will be applied by us on that date in the following descending order:
8.1.1 in payment of all interest and charges shown on the latest and any previous Statement;
8.1.2 towards repayment of all Transactions shown on any previous Statement;
8.1.3 towards repayment of all Transactions shown on the latest Statement; and
8.1.4 towards repayment of any Transactions made but not then shown on any Statement.

9. Interest Charges

9.1 Interest will be charged on a daily basis at the relevant Interest Rate shown, as varied by us from time to time at our discretion in the circumstances stated. The Annual Percentage Rate (APR) shown does not take into account any future interest rate variations or variations in the amount of the Account fee or other charges, which we may make in the circumstances set out.

9.2 We will effect a variation by giving you at least 28 days’ written notice. If you do not accept any variation we effect, you may end this agreement by giving us notice before the change takes effect.

10. Lost or Stolen Card

10.1 If a Card is lost or stolen or a Card is for any other reason liable to be misused, you must immediately notify the Customer Accounts Department at Torquay Finance Office, The Strand, Torquay, Devon TQ1 2DF, telephone 01803 290690 and (confirming any telephone call in writing within seven days) quoting your Account number.

10.2 The maximum liability which you will incur will be £50.00 for loss to us arising from use of the Card by any unauthorised person, but you will nevertheless be liable to us for all losses to us arising from any Transaction effected by the use of the Card by any person who acquired possession of it with your consent.

10.3 You will give us and any person acting on our behalf, all assistance in the investigation and all available information as to the circumstances of the loss, theft or possible misuse of the Card, and will take all reasonable steps to assist us to recover the Card. You consent to the disclosure to third parties of such information as is relevant concerning the Account in connection with such loss, theft or possible misuse of the Card. If a Card is found after you have told us it has been lost or stolen it must no longer be used and you must destroy it and any additional Card by cutting it in half across the magnetic strip and returning it to us.

11. Termination of Agreement

11.1 You or we may terminate this agreement at any time by written notice to the other. You may do so immediately but we will be required to give you at least one months’ notice.

11.2 Termination will only be effective once you have repaid the outstanding balance on your Account including interest to the date of repayment. We may cancel any Card on written notice from either you or the Additional Cardholder. Any termination shall not affect any liabilities of any Cardholder incurred prior to termination, including Transactions charged to the Account after the return of the Card.

12. Breach of Conditions and Non-Performance

12.1 In the event of any breach by you or the Additional Cardholder of the Conditions, we may, in circumstances where you fail to comply or to procure compliance with the terms of a notice served by us on you, require repayment in full of the outstanding balance on your Account. We may also debit the Account with any costs or expenses we incur in enforcing our rights.

12.2 We aim to provide a credit card service at all times, but we shall not be responsible for any failure to provide services due to industrial action or the failure of any machine, data processing system, transmission link or to any other events outside our control.

13. Death or Bankruptcy

13.1 On your death or bankruptcy your obligations will remain in full force and effect until such time as they are duly satisfied. The Card and any additional Card may no longer be used and must be returned to us immediately cut in two.

14. Assumptions

14.1 The assumptions that apply for the purpose of calculating the APR are that the Credit Limit is £1,200, the credit is provided for one year from the date of this agreement, is drawn down in full on that date, the interest rate is that applying to the purchase of goods and the credit is repaid by 12 equal monthly instalments.

15. Data Protection

15.1 Before entering into this agreement we may search your records at credit reference agencies. They will add to their record about you details of our search which will be seen by other organisations making searches. Details about you and your payment records under this agreement will be used to help make credit, credit related and insurance related decisions about you and members of your household and occasionally for fraud prevention or to trace debtors. You can contact us for details of the credit reference agencies used by us. You have a legal right to these details and can receive a copy of the information held about you on payment of a fee.

15.2 Information held about you by credit reference agencies may be linked to records relating to any person with whom you are linked financially and other members of your household.

15.3 We may give information about you and your payment record under this agreement to credit reference agencies, debt collecting agents and any proposed assignee, transferee or chargee of this agreement or of our interest in this agreement, their insurers or advisers.

15.4 We may use a credit scoring or other automated decision-making system. We may monitor and record telephone calls for the purpose of security and training.

15.5 The credit reference agencies will record information about you that will form part of your credit history whether or not you proceed to sign the credit agreement. If you make several applications for credit within a short space of time, your ability to obtain credit may be temporarily affected.

15.6 Hoopers will process your personal data in accordance with UK data protection legislation.