- THE PAYMENT SERVICE PROVIDER
Zimpler AB (“Zimpler”) has company registration number 556887-9984 and its registered and visiting office at Döbelnsgatan 12, 113 58 Stockholm, Sweden.
Zimpler is a licensed payment service provider with authorization from the Swedish Financial Supervisory Authority (Sw. Finansinspektionen) to provide (i) payment initiation services, (ii) account information services, (iii) execution of payment transactions and (iv) execution of payment transactions when the funds are covered by a credit facility.
THE PAYMENT SERVICE
Zimpler’s payment services allows you to:
- use account information services in order to retrieve your consolidated bank account information (name, address, personal identity number and account number) and share this information with a Merchant (“Select Account”);
- give Zimpler payment orders to initiate payments from your bank account to the Merchant (“Payin”); and
- receive payments from the Merchant to your bank account (“Payout”).
Select Account, Payin and Payout are jointly referred to as the “Service” herein.
The Service is made available to you through a supplier providing you with a product or a service (the “Merchant”). The Service is not offered by or affiliated with your bank.
For the Select Account and Payin, you are the payment service user. For the Payout, the Merchant is the payment service user (i.e., the Merchant gives Zimpler the payment order) and you are the payee.
By using the Service, you agree to these Terms and Conditions (the “Terms and Conditions”) provided to you in English.
In providing the Service, Zimpler is entitled to utilize services provided by legal entities that are also agents in accordance with The Swedish Payments Act (Sw. Betaltjänstlagen), acting on behalf of Zimpler.
TRANSACTION FLOW AND DATA
You use the Service by choosing Zimpler in the Merchant’s online checkout (or similar), filling out the required details into the interface and clicking continue (or similar).
For Select Account, you identify yourself to your bank with your security credentials supplied by your bank (e.g., a code or password) to select your bank account and by doing so also request that Zimpler shall share the retrieved bank account information with the relevant Merchant.
For Payins, Zimpler provides you (the payer) with a payment service. You give Zimpler a payment order to initiate a payment transaction from your selected bank account by signing the payment order with your bank issued security credentials. The payment is then received by Zimpler on behalf of the Merchant to which you are making the payment and the transfer of funds to the Merchant is thereby completed.
You acknowledge that once the payment order has been signed by you, the payment order cannot be withdrawn or revoked and you hereby agree that you shall not attempt to withdraw or revoke the payment order through your bank.
For Payouts, you are the payee and receive the payment to your selected bank account. Zimpler acts as the payer's (the Merchant’s) payment service provider and your bank acts as the payee’s (your) payment service provider.
All data transferred through the Service is encrypted. Your personalized security credentials are only forwarded to the corresponding input-field of your selected bank and never stored by Zimpler.
If a Payin is initiated from, or if a Payout is received on, a bank account holding another currency than the currency the Merchant trades in, Zimpler will, in the case of a Payin, convert the payment to the currency of the Merchant or, in the case of a Payout, from the currency of the Merchant to the currency held on your bank account. The currency conversion service is provided to you.
The exchange rate and foreign exchange fee applied by Zimpler is presented you in the Advance Information Regarding Currency Conversion enclosed at the last page of this document if the payment transaction is subject to currency conversion.
ELIGIBILITY TO USE THE SERVICE
To use the Service, you must be of such age as required by the Merchant and have the capacity to enter into legally binding agreements and the right to dispose of the assets available on your bank account.
You may not use the Service if the usage results in a breach of third-party agreements and you are personally responsible for all such breaches.
Payins and Payouts are carried out via general clearing systems, meaning that it might take up to three (3) banking days before the payment is received on the payee’s bank account or payment account.
KNOW YOUR CUSTOMER
All payment transactions made through the Service are subject to monitoring for the purposes of Zimpler complying with applicable laws and regulations regarding anti-money laundering and counter-terrorism financing. The policies and practices applied may vary from time to time and depending on conditions pertaining to you such as transaction patterns and geographical position. To comply with applicable laws and regulations, records may be kept and additional information may be requested from you to establish matters such as identity, purpose of the payment transaction and origin of funds. By using the Service, you commit to provide Zimpler with all such information as may be deemed necessary.
Zimpler unilaterally reserves the right to suspend the Service:
- to comply with applicable laws and regulations including anti-money laundering and counter-terrorism financing laws and regulations and keep records thereof; and/or
- in case of fraud or other criminal or illicit activity, act or omission that might expose you or Zimpler to damage.
LIMITATION OF LIABILITY
Zimpler shall provide the Service in accordance with The Swedish Payments Act.
Unless required by mandatory law, Zimpler shall in no case be liable to you for any direct or indirect loss or damages incurred due to the use of the Service.
The purchase of goods and/or services from the Merchant is subject to the Merchant’s terms and conditions and Zimpler is not liable for the acts or omissions of the Merchant.
POTENTIAL FEES APPLIED BY THE BANK
OR THE MERCHANT
If you notice an error or malfunction of the Service, have a question or complaint concerning the Service, these shall be submitted to Zimpler via e-mail to email@example.com. Zimpler shall answer your complaint by e-mail within fifteen (15) banking days in English or, by your choice, Swedish.
Zimpler does not charge you any fee for the provision of the Service unless the Payin or Payout requires currency conversion, cf. Clause 5. The Merchant may however charge you a fee for the Service which is regulated in the terms and conditions of the Merchant.
COMPLAINTSOR THE MERCHANT
Zimpler shall in no case be liable for any economic loss, delay, or failure in performance of the Service to the extent such loss, delay or failure is caused by fire, flood, explosion, war, strike, embargo, governmental requirements, civil and military authority, data trespass, denial-of-service attack, unlawful action by you or any other cause beyond Zimpler’s reasonable control.
If any provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect. If any provision of these Terms and Conditions is so found to be invalid or unenforceable but would cease to be invalid or unenforceable if some parts of the provision were deleted or amended, the provision in question shall apply with such modification as may be necessary to make it valid and enforceable.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and Conditions shall be governed by the laws of Sweden subject to any mandatory provisions under the laws of your country of residence. Disputes shall primarily be resolved by negotiations between you and Zimpler following a claim being filed by you in accordance with Clause 13. If you and Zimpler are not able to reach an amicable agreement regarding the claim, the dispute shall be resolved in accordance with the rules of civil procedure.