TERMS AND CONDITIONS OF USE OF KLEVERAPP.COM – MOBILE APPLICATION
VALID AS OF 21.10.2018
1. GENERAL INFORMATION ABOUT THE SERVICE AND THE SERVICE PROVIDER
1.1 These terms and conditions of use (hereinafter ”User Terms”) apply to the use by registered private persons (hereinafter “User”) of the payment service based on the mobile application Kleverapp.com (hereinafter “Service”). The Service is created and maintained by Klever Ab Oy (hereinafter “Service Provider”).
1.2 The Service is a payment service functioning via a mobile application, in which the User may conveniently manage his/her invoices and the payment thereof as well as the storage of arrived invoices. The use of the Service always requires personal registration. In the Service the User gives the Service Provider the right to save his/her personal, address and payment card information in order to simplify the administration of invoices and the payment process. Through the Service, the Service Provider takes care of the payment of the User’s invoices in accordance with payment orders given by the User. The Service functions only with payment cards issued by Finnish banks or Finnish credit card companies.
1.3 The Service Provider is:
Klever Ab Oy (Business-ID 2697436-4)
Street and postal address: Pitkäkatu 34, 7th floor, 65100 Vaasa
Customer service (business days 9.00-15.00): phone +358 (0)20 7780 490; e-mail: [email protected]
1.4 The Service Provider’s field of business encompasses the development of a payment system operable via a mobile application as well as the provision and offering of payment services related thereto. The Service Provider has been registered with the Finnish Financial Supervisory Authority as a provider of payment services without authorization. Information about the Service Provider’s registration can be found in the Financial Supervisory Authority’s Register of Supervision Items, which is available on the Financial Supervisory Authority’s website. The information is found by entering the Service Provider’s company in the search field. The provision of payment services in Finland is supervised by the Financial Supervisory Authority (Financial Supervisory Authority, P.O. Box 103, 00101 Helsinki, www.finanssivalvonta.fi/en/) and regarding consumers also by the Finnish Competition and Consumer Authority (Finnish Competition and Consumer Authority, P.O. Box 5, 00531 Helsinki, www.kkv.fi/en/). The User may inform these authorities about the Service Provider’s procedures or other disagreements with the Service Provider.
1.5 By registering to the Service or by using it, the User affirms having become acquainted with these User Terms and accepts them as binding on him/her. By registering as a user of the Service, the User may consent to digital direct advertising by the Service Provider.
1.6 In addition to what is set out in these User Terms, the User commits to comply with potential other instructions given by the Service Provider in relation to the use of the Service.
1.7 Through the Service, the User may also start using services provided by third parties independent from the Service Provider in accordance with applicable terms and conditions. The introduction of such a service requires that the User makes a separate agreement with the third party, for which the User can express intent within the Service. When initiating the use of the service, the User agrees and acknowledges that the Service Provider hands over the information necessary for the agreement of the User to the third party. The Service Provider shall in no way be responsible for the services provided by third parties as referred to in this paragraph.
2. RIGHT OF USE AND USER INFORMATION
2.1 By registering as a user of the Service the User gets a limited right to use the Service in accordance with these User Terms and other instructions relating to the Service.
2.2 When registering, the User shall provide the Service Provider with the registration information requested (hereinafter ”User Information”), choose a personal PIN code for the use of the Service and alternatively choose to enable the smartphone’s fingerprint reader or face recognition (hereinafter “Username”) on his/her smartphone. Following the registration, the Service Provider confirms the personal data of the User by strong electronic authentication through TUPAS or Mobiilivarmenne. The User is responsible for the correctness of the information provided in the User Information, including contact information and payment card information, and that the information is updated. The User confirms the Username with his/her personal bank codes. One person may only have one Username.
2.3 The User Information is necessary in order for the Service Provider to be able to fulfil its duties to identify and individualize the User in accordance with applicable rules for the prevention of money-laundering and financing of terrorism. A User is refused the right to use the Service, if the information requested is not provided, the information provided is incomplete or the Service Provider otherwise considers that the User does not fulfil the conditions for granting user right.
2.4 A User registering to the Service must be at least 18 years old.
2.5 The User has the right to use the Service only for its own personal use. The Service Provider has the right to prevent the use of the Service, if there is reason to believe that the Service is being used in a way that conflicts with the User Terms, good practice or law.
2.6 The Service Provider has the right to close a User’s Username, if the User has not signed in to the Service for twelve (12) months.
3.1 The use of the Service is free of charge for the User, unless these User Terms stipulate otherwise. The Service Provider may charge the User for services not included in the Services as well as for services separately described in these User Terms in accordance with the Service Provider’s price list valid from time to time. The price list can also be sent to the User by request of the User to the email address provided by the User in the User information.
3.2 The Service Provider may provide additional, chargeable services in the Service. Activation of these additional services always requires a separate and explicit approval by the User, and they are priced in accordance with the Service Provider’s price list valid from time to time. The currently valid price list is available on the Service Provider’s webpage. The User is notified about changes in the price list by e-mail at least two (2) months before the change enters into force.
3.3 If there are insufficient funds on the User’s payment card at the time when the service fee is charged and the payment therefore is delayed, the Service Provider is entitled to send the User a payment reminder and charge legal interest for delay. The Service Provider may also assign a claim to a collection agency for collection.
4. DELIVERY OF INVOICES TO THE SERVICE; GIVING AND TRANSFER OF PAYMENT ORDERS
4.1 Delivery of invoices to the Service is made by the User by taking a picture of the invoice and sending it to the Service, where the invoice data is technically interpreted. Receiving invoices through the Service from the issuer of the invoice requires that the User consents to receiving invoices to Service, after which the Service Provider notifies the issuer of the invoice that future invoices to the User shall be sent through the Service to the User’s personal invoicing address (e.g. [email protected]). Due and unpaid invoices, payment reminders and collection letters are sent by the issuer of the invoice either directly to the User or through the Service.
4.2 The User is aware of and accepts that invoices can arrive to him/her by mail or by e-mail also after activating the Service.
4.3 A payment order is deemed given and received when the User makes a payment reservation in the Service by approving the invoice with his/her Touch ID or PIN code, upon which the order is transferred to the Service Provider. A payment reservation is automatically made on the User’s payment card based on the amount of the approved invoices. The Service Provider recommends that the payment reservation is made at least two (2) bank days before the due date of the relevant invoice. When the reservation time notified by the User has lapsed, an amount corresponding to the invoiced amount is debited from the User’s payment card by a third payment service provider. The amount to be paid is transferred to the client funds account of the Service Provider in order to be forwarded to the issuer of the invoice at latest on the following day after the amount has arrived on the Service Provider’s client funds account. The payment order cannot be cancelled after it has been given.
4.4 In order for the User to be able to receive invoices sent by an invoice issuer through the Service and give payment orders, the User’s mobile device or mobile application has to be able to send and receive information required in order to start, execute and confirm payment orders, and with respect to the application, that it works on the User’s device. In addition, it is required that the telecommunication link is functioning and also that communication to the User’s number or device is not blocked or prevented.
4.5 The Service Provider transfers the payment order to the issuer of the invoice or its service provider. The payment is carried out and the issuer of the invoice is identified on the basis of the information provided in the Service. In connection with execution of the payment order, the Service Provider has the right to transfer information on the User relating to the payment.
4.6 The issuer of the invoice is responsible for the content of an invoice submitted to the Service and for the invoice being correct and justified. The User is responsible for invoices being approved for payment. Prior to giving the payment order, the User shall always check that the invoices received are correct and justified to their content and also otherwise. Remarks, and alike, on invoices shall always be directed to the issuer of the invoice. The User is responsible for possible fees charged by the issuer of the invoice due to changes made in the information of the invoices, for example change of invoicing address or due date.
4.7 The Service Provider is never responsible for the content of invoices delivered by its issuer, the invoices being correct or justified, nor for the payments being made in time, in the right amount or in accordance with payment plans. Thus, the Service Provider is not responsible, if based on an order by the User a fake invoice has been paid, an insufficient payment has been made or if the User has decided to use the opportunity to pay an invoice in instalments (for an example insurances). If the User after having given a payment order notices that he/she has approved an incorrect, insufficient or unjustified invoice, he/she shall inform the Service Provider thereof without delay. On request of the User, the Service Provider assists the User with correcting the situation against a service fee set out in the price list, as valid from time to time.
4.8 The User is responsible for having sufficient funds for the payment of invoices on the payment card that is provided in the User Information. The Service Provider does not carry out the payment order, if there are insufficient funds on the User’s payment card or if the daily limit has been exceeded. In this case the Service Provider sends a message to the User through the Service, in which the User is informed about the insufficient funds and is requested to correct the insufficiency. A failed payment order will be renewed the next business day. The User is responsible for all damages resulting from the Service Provider’s inability to transfer a payment order because of insufficient funds on the User’s payment card or because the daily limit has been exceeded. It is not possible to agree on payment limit for the charge card the User has entered in the service. The limitations on the card is determined by the agreement between the User and the service provider providing the card in question.
4.9 A specification of the payment orders executed is electronically available through the Service. The specification includes information on the issuer of the invoice, the date of the payment order and the amount of the payment.
4.10 The User accepts that the Service Provider provides the issuer of the invoice such information regarding the User, which is needed for invoicing and delivery of invoices, for example changes of invoicing address.
4.11 The Username and the password is user specific. The User is responsible for the storage of the Username and the password and that a third party does not gain knowledge or possession thereof. The User is personally responsible for any use of the Service with his/her Username and is fully responsible for potential costs and payments resulting thereof. The User shall without delay inform the Service Provider either by phone or e-mail, if a third party gains knowledge or possession of the password or Username, or if the password or Username is used unauthorized or if the password or Username otherwise disappears.
4.12 The User receives and uses the Service at his/her own risk and is also responsible for the purchase and functionality of necessary devices, connections and software required for the use of the Service as well as for the appropriate and sufficient security and data protection thereof.
4.13 The Service Provider transfers payments only on the basis of orders given by the User. Therefore, the User does not have the right to payment refunds in accordance with the Finnish Payment Services Act (Maksupalvelulaki).
4.14 The User commits to not sending or forwarding any material through the Service or saving any material to the Service, which is against good practice or law, and that he/she does not urge another party to any of the aforementioned. The User also commits to not sending, forwarding or saving material through/to the Service, which is protected by copyright, trademark rights or other intellectual property right, if he/she does not have the explicit permission thereto from the holder of such right.
5. THE SERVICE PROVIDER’S RIGHTS, OBLIGATIONS AND RESPONSIBILITIES
5.1 The Service Provider commits to store invoices in the Service at least twelve (12) months after they have been uploaded to the Service.
5.2 The Service Provider is not responsible for the content of the Service or its correctness apart from the content produced by the Service Provider itself.
5.3 The Service Provider is not responsible for the User’s outstanding or delayed payment of invoices or for the payment of invoices with changed payment information or without checking them. Furthermore, the Service Provider is not responsible for the correctness of the User Information provided by the User and not for any damages or inconveniences potentially occurring to the User or a third party as a result of incorrect or insufficient User Information.
5.4 In case of a service interruption lasting over seven (7) days, the Service Provider is obliged to instruct the issuer of the invoice to temporary replace the Service by sending invoices, for example, by mail, e-mail or otherwise.
5.5 The Service Provider is not a party to the contract between the User and the issuer of the invoice. The basis for the invoices as well as the delivery and receipt of invoices occur between the User and the issuer of the invoice and on their responsibility. The Service servers merely as a medium for delivery, receipt and storage for invoices.
5.6 The Service Provider shall compensate the User for damages arising in connection with transfers of payment orders as a consequence of breach of applicable law or the User Terms. The Service Provider is obliged to compensate an indirect damage only if the damage is a result of the Service Provider’s negligence. The User bears the burden of proof as regards the occurrence of the damage. The Service Provider is not liable for indirect or consequential damage incurred by the User in connection with actions not taken in private use, or for damage caused by the User’s own actions. No compensation shall be paid for the inconvenience caused by the damaging event, such as the use of one’s own time.
5.7 The Service Provider has the right to remove such content from the Service, which the Service Provider has prohibited the User to present in or forward through the Service, or which the Service Provider considers to be against good practice or law, inappropriate, incorrect, harmful or damaging to the Service Provider, the User or third parties.
6. AVAILABILITY OF THE SERVICE
6.1 The Service Provider gives its best effort in order for the Service to be available to the User continuously and without disturbance. The Service Provider is not, however, responsible for the uninterrupted, timely and correct functioning of the Service. The Service Provider is not responsible for technical failures, interruptions resulting from maintenance or installations or for loss of information in the Service or other information resulting from the aforementioned, for problems relating to the use of the Service or for problems in data transmission, interruptions or breaks caused by third parties.
6.2 The Service Provider has the right to interrupt the Service due to its alteration, update, a technical matter or the restoration, installation or maintenance of telecommunication networks or due to another similar reason or if it is required by law or an order by authorities. The Service Provider strives to limit the duration of the interruption as much as possible. If possible, advance notice of service interruption is given through the Service or by e-mail.
7. PERSONAL DATA
7.1 The User’s User Information is saved in the Service Provider’s customer register. The registration description for the Service is available on the Service Provider’s webpage and is sent by e-mail upon request.
7.2 The Service Provider has the right to use User Information and other personal data relating to the User and his/her use of the Service for the administration and development of the customer and service relationship, for definition of customer levels, customer communication, planning, realization and allocation of marketing and for planning, conducting and following up on the business. User Information can also be transferred to an issuer of an invoice insofar as it is required for the administration of the customer and service relationship.
7.3 User Information and other personal data relating to the User and his/her use of the Service may also be processed insofar as it is required for the fulfilment of the Service Provider’s obligations required by law or orders by authorities, i.a. for the prevention of money laundering and financing of terrorism.
7.4 The Service Provider has the right to use User Information for direct marketing, marketing research and for other corresponding purposes provided that consent thereto has been received from the User in accordance with applicable data protection laws and that the processing of the User’s information otherwise is in line with the said laws. The user is entitled to withdraw his or her consent at any time, either personally at the Service Provider’s Office or by notifying it by e-mail at the address [email protected] The user shall be prepared to prove his / her identity in connection with the withdrawal of consent.
8. DATA PROTECTION AND SECURITY
8.1 The Service provider keeps the User’s personal data and other information sent by the User as confidential. The Service Provider arranges its business and the data security of the Service in a generally accepted way and effectively and aims at appropriate technical solutions to prevent unauthorized access to the Service and personal data. The Service Provider cannot, however, ensure complete data protection or data security.
8.2 The User shall store its Username carefully and observe an enhanced duty of care when giving payment orders. The use of the mobile device shall be prevented by protecting the device with a password. The PIN code inquiry shall not be removed. The PIN code shall be changed when the mobile device is taken into use.
9. FORCE MAJEURE
The Service Provider is released from its obligations for the duration of and to the extent the non-fulfilment of the obligations is a result of force majeure. Force majeure is an unexceptional event beyond the Service Provider’s control, which the Service Provider has not been aware of or been able to anticipate for and which prevents the fulfilment of the contract or which the Service Provider has not reasonably been able to avoid or defeat.
10. INTELLECTUAL PROPERTY RIGHTS
The Service and all material contained therein constitute intellectual property rights belonging to the Service Provider or potential third parties. The User is not granted any right to the Service except for a limited right of use in accordance with the User Terms.
11.1 The delivery of the Service and communication with the User is done in Finnish, Swedish and English, as agreed with the User. The Service Provider may communicate with the User by sending information through the Service to the User’s mobile device or in writing to another contact address provided by the User’s in the User Information. The notice is deemed received at the latest seven (7) days after the notice has been sent or made available. Information about payment transactions is provided to the User through the Service.
11.2 Information on the User’s contract, the valid User Terms and other information required by law are during the term of the contract available for downloading, reading and printing through the Service. Upon request by the User, these are also sent by e-mail to the e-mail address provided in the User Information.
12.1 The Service Provider reserves the right to amend these User Terms by informing the User thereof by e-mail or through the Service. The changes enter into force when the User has accepted the changed User Terms or at the latest two (2) months after the notice has been given, if the User has not opposed the changes. By continuing to use the Service, the User accepts the changes made to the User Terms.
12.2 Once the User has been notified of the changes, the User may terminate the contract free of charge at any time by notifying it per e-mail to the address [email protected], latest one (1) day prior to the changed User Terms enters into force. If the User does not accept the changes made to the User Terms, the Service Provider has the right to terminate the contract in accordance with paragraph 13.3.
13. VALIDITY AND TERMINATION OF THE CONTRACT
13.1 The contract between the User and the Service Provider enters into force when the User has registered as a user to the Service and confirmed the contract by accepting the User Terms. The contract is valid until further notice. After registration, a copy of the contract information and the User Terms is sent to the e-mail address provided in the User Information.
13.2 In accordance with the Finnish Consumer Protection Act (Kuluttajansuojalaki), the User is entitled to cancel the contract free of charge within fourteen (14) days from the conclusion of the contract. The User is also entitled at any time to terminate the contract with immediate effect. The User shall inform the Service Provider about the cancellation or termination by e-mail to the address [email protected]
13.3 The Service Provider is entitled to terminate the contract by giving notice of termination at least two (2) months in advance. The notice of termination is sent as a message to the User’s phone and to the e-mail address provided in the User Information. In addition, the Service Provider has a right to terminate the contract with immediate effect, if the User has materially breached the contract. The notice of immediate termination shall be given in a way equivalent to the notice of termination.
13.4 Following the termination, the Service Provider shall by e-mail to the User send instructions on the actions required from the User during the termination period in order to ensure that invoicing to the User is done in the correct way after the expiration of the termination period. The Service Provider closes the User’s user account and deletes material that has been saved to the Service by the User, when the contract terminates.
14. TRANSFER OF THE CONTRACT
14.1 The Service Provider has the right to transfer the contract to a third party, if the transfer relates to the sale of the Service or a part thereof, or if changes occur in the provider of the Service.
14.2 The User does not have the right to transfer the contract. The right of use and the User’s Username and password are personal and they may not be assigned to a third party.
15.1 Cookies may occasionally be stored on the User’s main device. A cookie is a small text file, with the help of which information about when and how the Service is used may be gathered. Cookies do not damage the User’s main device or files.
15.3 The information gathered through cookies is anonymous. Information retrieved through cookies may also, considering data protection laws, be connected to information about the User that has been retrieved for other purposes.
16. APPLICABLE LAW, DISPUTE RESOLUTION AND MEANS OF LEGAL PROTECTION
16.1 Finnish law applies to the Service, provision of advance information and to these User Terms.
16.2 Complaints related to the Service or Service Provider shall be addressed to the Service Provider’s Customer Service by phone or email. The Service Provider handles complaints and answers them in writing as soon as possible, but no later than 15 bank days from receipt of the complaint. For complaints handled by telephone also a written statement is sent by e-mail. In exceptional circumstances, due to circumstances that the Service Provider can not influence, the answer can be given later, but no later than 35 banking days. In such cases, the Service Provider will provide a provisional response to the complaint within 15 business days, including an estimate of when the final response can be given and an explanation of what caused the delay.
16.3 Disputes between the Service Provider and the User shall primarily be resolved by negotiations. If no amicable settlement is reached, the dispute shall be resolved in the district court of Ostrobothnia, or alternatively in the district court at the User’s place of residence in Finland. The User is also entitled to bring the dispute before the Consumer Disputes Board (contact information: Consumer Disputes Board, P.O. Box 306, 00531 Helsinki, www.kuluttajariita.fi/en/), if the dispute can not be resolved through negotiations or with the help of consumer advise.