ZIMPLER AB TERMS AND CONDITIONS
1. THE PAYMENT SERVICE PROVIDER
- Zimpler AB (“Zimpler”) has company registration number 556887-9984 and its registered and visiting office at Wallingatan 2, 111 60 Stockholm.
- 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 Swedish Financial Supervisory Authority’s visiting address is Brunnsgatan 3, 111 38 Stockholm, Sweden and you can find additional contact details on their website.
2. THE PAYMENT SERVICE
- Zimpler’s payment services allows you to: (a) give Zimpler, as the account information service provider, consent to provide consolidated information on one or more payment accounts held by you with either another payment service provider or with more than one payment service provider (“AIS”); (b) give Zimpler, as the payment initiation service provider, payment orders to initiate payment transactions from your payment account with another payment service provider to the Merchant (“PIS”); and (c) receive payment transactions from the Merchant to a payment account held by you with another payment service provider (“Payout”). PIS, AIS 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 AIS and PIS, you are the payment service user in respect of Zimpler as your payment service provider for account information services and payment initiation services. For the Payout you are the payee.
- For AIS and PIS, you authenticate yourself towards your bank with your personalized security credentials.
- For AIS, Zimpler will share your payment account information with the Merchant.
- By using the Service, you agree to these Terms and Conditions (the “Terms and Conditions”) provided to you in English. The Terms and Conditions apply each time you use the Service. The Terms and Conditions do not constitute a framework agreement between you and Zimpler.
3. AGENTS AND THIRD-PARTY PROVIDERS
- When providing the Service, Zimpler may utilize services provided by third parties and/or legal entities that are agents in accordance with the Swedish Payment Service Act (SFS 2010:751), acting on behalf of Zimpler.
4. TRANSACTION FLOW AND DATA
- Zimpler shall provide the Service in accordance with The Swedish Payment Service Act.
- You use the Service by choosing Zimpler as your payment method in the Merchant’s online checkout, through a unique link sent to you by the Merchant, or similar and filling out the required details into the interface such as your personal identification numbe
- For PIS, the funds flow from your payment account with another payment service provider either to Zimpler which collects the funds on behalf of the Merchant or directly to the Merchant. The payment service is completed when Zimpler has initiated the payment transaction based on your payment initiation order to Zimpler.
- You acknowledge that once the payment initiation order has been authenticated by you, using your personalized security credentials, the payment initiation order cannot be revoked and you hereby agree that you shall not attempt to revoke the payment order through your bank.
- All data and communication 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.
5. CURRENCY CONVERSION
- If a payment transaction is initiated from, or if a payment transaction is received on, a payment account holding another currency than the currency the Merchant trades in, Zimpler will, in the case of a PIS, 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 payment account. The currency conversion service is provided to you by Zimpler.
- The exchange rate and foreign exchange fee applied by Zimpler is presented to you in the Advance Information Regarding Currency Conversion enclosed at the last page of the Terms and Conditions if the payment transaction is subject to currency conversion.
- If you make a payment transaction to Zimpler by way of Swish, your payment is made with discharging effect towards the Merchant.
7. PERSONAL DATA
8. 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 payment 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.
9. TRANSACTION TIME
- PIS and Payout are carried out via general clearing systems, meaning that it might take up to three (3) banking days before the payment transaction is received on the receiving payment account.
10. 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 your ability to use the Service.
12. LIMITATION OF LIABILITY
- Unless set out in mandatory law, Zimpler shall in no case be liable to you for any direct or indirect loss or damages incurred due to your use of the Service, including any harm, damage or loss arising from any unauthorized access to your personalized security credentials.
- 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.
- 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.
13. POTENTIAL FEES APPLIED BY THE BANK OR THE MERCHANT
- When your bank executes a payment transaction initiated by way of PIS, a fee chargeable to your payment account may apply according to the terms and conditions between you and your bank. By using the Service, you acknowledge that you are solely responsible for all fees applied by your bank.
- Zimpler does not charge you any fee for the provision of the Service unless the PIS 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.
- If you notice an error or malfunction in the Service, have a question or complaint concerning the Service, these shall be submitted to Zimpler via e-mail to firstname.lastname@example.org. Zimpler shall answer your complaint by e-mail within fifteen (15) banking days in English or, by your choice, Swedish.
- 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.
16. 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 14. 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.