Terms of use for the Pivo service and Pivo payments

Read and accept the terms of use for the Pivo service and Pivo payments. I understand that by accepting these terms of use my phone becomes a payment instrument if I have linked my payment card to the service.

Contents:

  1. Terms of use for Pivo Wallet Oy’s Pivo service
  2. Terms of use for OP Customer Services Ltd’s Pivo payments

Terms and conditions of the Pivo service

Service Providers

Pivo Wallet Oy, (Business ID 2241007-8)

and

OP Customer Services Ltd (2344162-6)

Gebhardinaukio 1, 00101, Helsinki

asiakaspalvelu@pivolompakko.fi

www.pivo.fi

Belonging to OP Financial Group, Pivo Wallet Oy and OP Customer Services Ltd are registered in the Trade Register maintained by the Finnish Patent and Registration Office. OP Customer Services Ltd is a credit institution licensed by the Finnish Financial Supervisory Authority.

Definitions

Partner

Partner refers to an entrepreneur that provides its services via the Pivo application.

Credit or Payment Institution

An institution that issues payment cards or offers payment accounts included in the Pivo service.

Customer

Customer refers to the holder of the card or mobile device that has entered into this agreement with the Service Provider.

Pivo services may be used by those who have reached the age of 15 and have funds under their control in a bank account and a personal payment card issued for using the account.

Electronic Payment Form

An electronic form used by the Customer to make card-not-present payments with a payment card in accordance with the Credit or Payment Institution’s payment card terms and conditions.

Pivo application is a free application downloaded on a mobile device that is the platform for the Pivo service referred to in these terms of use as well as for the separate services offered by Partners.

Pivo service

Registered Pivo Customer:

  • may monitor, for example, special offers made by a Partner and points accumulated under a loyalty programme, make use of loyal customer benefits or check personal purchases on a merchant-specific basis

Customer whose identity has been verified in the Pivo service may also:

  • monitor transactions made using payment cards issued by the Credit and Payment Institutions involved in the Pivo service, check the amount of funds available on the card and transactions in the payment account linked to the card, and receive purchase details in a message sent to the mobile device
  • make online purchases and payments with the Electronic Payment Form, which enables card-not-present transactions
  • monitor transactions on a minor’s payment account if the Customer has the right, under an agreement with a Credit or Payment institution involved in the Pivo service, to receive information on the payment account and the child uses this account with a payment card and monitors transactions using the Pivo Junior service
  • disclose, if he/she wishes, information on payment transactions to Partners offering different value-added services

The Customer can make mobile payments in the payment services offered by Partners in the Pivo application by adopting, for example,

  • a mobile payment card offered by an OP Financial Group bank that functions as a contactless payment card on the Pivo application
  • Pivo payments offered by OP Customer Services Ltd.

The Pivo service, its content and the communication related to the service may contain advertisements, forming an integral part of the Pivo service.

Using the Pivo service is free of charge but requires online data transmission. Depending on the Customer’s telecoms operator, the operator may charge data transmission fees related to mobile data. The Service Provider is not responsible for any charges or fees collected by data transmission service or other telecoms service providers.

The Pivo service is available in Finnish, Swedish and English.

General terms and conditions

1. Entry into force

These terms of use govern the use of the Pivo service and application.

When the Customer registers into the Pivo service for the first time, the Customer undertakes to comply with these terms of use. This agreement will enter into force upon acceptance of the terms by the Customer.

2. Registering as a Pivo service user

Should the Customer handle data subject to bank secrecy in Pivo, registering in the Pivo service will require electronic authentication with, for example, online bank user identifiers.

When registering, the Customer shall enter into the application a mobile phone number that will be confirmed with an activation code to be sent in a text message.

After registering, the Customer shall specify a personal access code (hereinafter the access code), which is used for protecting the transaction and payment data processed in the Pivo service and accepting payments in the Pivo application. In order to protect Customer data, the access code may not consist of a simple set of numbers that are easy to guess, such as 2222, 1234 or 1010 or date or year of birth.

Should the Customer monitor card transactions or daily consumption or otherwise handle data subject to bank secrecy in the Pivo service, the following information must also be entered in the application

  • name and personal identity code
  • customer identification data required by the Service Provider
  • payment card number.

The Customer is responsible for the information provided when registering in the service and for this information being up to date and for linking the correct bank account and payment card into the Pivo service.

The Service Provider is not responsible for the correctness of the information provided by the Customer but has the right to block the use of the service if it has reason to suspect that the information is incorrect or outdated.

By registering, the Customer authorises the Pivo application to ease data entry by collecting the card and account numbers from the Credit or Payment Institution involved in the service that opened the account and issued the card.

3. Value-added services offered by a Partner

In the Pivo application, the Customer has the option to transfer information concerning individual payment transactions to Partners that offer value-added services. Value-added services may consist, for example, of archiving information or sharing and transmitting payment information to third parties or applications. Payment transactions are subject to bank secrecy, and transfer of this information requires a specific request from the Customer.

4. Use of the Pivo service and Customer responsibility

The Pivo service is used, payment transactions are confirmed and the payment and transaction data in the service are protected with the 4-digit access code the Customer chooses when registering in the Pivo application or with a biometric identifier (fingerprint) that is introduced later.

The personal access code to the Pivo service must be kept secret. This is especially important if the Pivo application can be used for payments (for example, a mobile payment card has been linked to it or Pivo payments enabled).

The Customer undertakes

  • to use the Pivo Service for personal, non-commercial purposes only
  • to keep the specified access code safe in such a way that no other people can misuse the Pivo service or the Pivo application. The access code may not be divulged to a third party, not even a family member, written down in an easily recognizable form or kept in the mobile device. When entering the access code, the Customer must cover the keypad with a hand, for example, so that no other person can obtain the access code.
  • to keep the mobile device in such a way that outsiders may not use the Pivo service. It is recommended that the mobile device be locked using a PIN or padlock, if feasible.

The customer is personally liable for the use of the Pivo service, payments made using the mobile payment card and Pivo payments until the Customer has

  • reported the card as lost to the Credit or Payment Institution that issued the card or
  • registered a deactivation report for the Pivo service to the Service Provider.

5. Deactivation of the Pivo service and prevention of unauthorised payment transactions

If the Customer notices that the mobile device has been lost, the Customer shall immediately prevent any payments with the Pivo application by reporting a lost card in accordance with the terms and conditions of the payment card. The loss report must be filed for all payment cards used in the Pivo application. Someone may have snooped the access code without the Customer noticing it, and the lost card report prevents unauthorised payments with the mobile device.

On the basis of the loss report, the Credit or Payment Institution that issued the card shall then deactivate the card and thereby block its use completely.

The Customer can also file a loss report with the Service Provider, after which the Service Provider blocks the use of Pivo entirely. The report can be filed Mon-Sun between 6 a.m. and 11 p.m. by calling Pivo Customer Service at 0203 56789. Outside these hours, the Customer must report a lost card in accordance with the terms and conditions of the card. The Customer’s name and telephone number are required for the deactivation report.

If the mobile device is lost, closing the mobile subscription offered by a telecom operator is not alone sufficient for preventing the use of the Pivo application and the making of payment transactions.

If the Customer discovers that the access code alone has fallen into the hands of a third party or suspects any unauthorised use of the Pivo service, the Customer shall change the access code in Security settings via Pivo’s Service settings menu.

6. Termination of the agreement and the Pivo service, or amendment of terms

The Customer may terminate the agreement and the use of the Pivo service anytime by removing the Pivo code by selecting “Remove the Pivo code” via the Service settings menu.

Uninstalling the Pivo application from the Customer’s mobile device alone will not terminate the agreement or the use of the Pivo service.

The Service Provider may terminate the agreement and the use of the Pivo service by sending a notice thereof to the Customer’s mobile device two (2) months earlier.

The Service Provider may terminate the agreement and the use of the Pivo service or restrict the Customer’s access to some parts of the Pivo service with immediate effect if the Service Provider has reason to suspect that the Customer has violated these terms of use or suspects that the Customer’s mobile device jeopardises the data security of the Pivo service.

The Service Provider has the right to change these terms, the content of the Pivo service and the requirements set for devices intended for the use of the Pivo service by sending a notice thereof to the Customer’s mobile device. The change will take effect on the date indicated by the Service Provider, but no earlier than two (2) months of the date when the Customer is regarded as having received information of such notification under these terms.

The agreement will continue to be effective with the altered content unless the Customer informs the Service Provider in writing by the notified effective date of said changes that he/she disagrees with the changes. The Customer has the right, until the effective date of the changes, to terminate the agreement with immediate effect. The Customer shall notify the Service Provider of the termination by sending email to asiakaspalvelu@pivolompakko.fi. The Service Provider has the right to terminate the agreement applying a two (2) month notice period from the date of cancellation.

The Service Provider is not responsible for the removal or disappearance of the information or content provided by the Customer to the Pivo service.

After information or content concerning the Customer or use of the service has been removed from the Pivo service either by the Customer or for another reason, traces or copies may still remain on the Pivo service or elsewhere.

7. Service Provider’s right to disable the Pivo service

The Service Provider has the right to disable the service and prevent its use entirely or in part if:

  1. the Customer has provided incorrect data when registering in the service
  2. a payment method offered by a Partner has been included in the Pivo application and the Customer has become subject to international sanctions
  3. the security of use of the Pivo application is in jeopardy;
  4. there is reason to suspect that the Pivo application and the Pivo service are used in an unauthorised manner or with fraudulent intent.

The Service Provider will inform the Customer of deactivating the service by sending a message to the Customer’s mobile device.

International sanctions refer to a sanction, financial sanction, export or import ban, trade embargo or another restrictive action imposed, administered, approved or executed by the Finnish government, United Nations, European Union, United States of America and United Kingdom or their competent authorities or governing bodies.

8. Reactivating the Pivo service

The Customer may reactivate the Pivo service anytime by re-registering as a user of the service, provided that he/she meets the criteria for being a customer.

9. Privacy policy, and use and disclosure of transaction data

The Service Provider handles personal data in accordance with laws in force from time to time and acting as the controller of the personal data file. The Service Provider handles and discloses Customer data as specified in the file description of its customer data file.

The file description of the customer data file is available at www.pivo.fi

The Service Provider may collect data related to the Customer’s mobile device and the use of the Pivo service for the purpose of customer service, customer relationship management, marketing and risk management, and in order to ensure data security, enhance Pivo service quality and develop other business, as well record telephone calls.

Such recorded telephone conversations may be used to improve customer service quality and ensure the validity of orders. In addition, the Service Provider may use them for risk management purposes and as evidence for the settlement of any disputes that may arise.

The Customer may divulge location data to the Pivo application. In that case, the Customer may receive, for example, offers from Partners whose stores are located nearby via the Pivo service. The Customer acknowledges that the Service Provider may disclose said data to Partners in order to provide services based on the location data.

The Customer acknowledges that the Service Provider may transfer data on the use of the Pivo service to the extent required by the use of the Pivo service to its partners whose systems are used to forward the data to the Customer’s mobile device.

The Service Provider, and the Credit or Payment Institution and the Partner which have joined the Pivo service have the right to exchange the Customer’s identification details and data related to card payments to the extent required by the use of the Pivo service.

10. Limitations of liability

The Service Provider does not guarantee that the Pivo service is uninterrupted or error-free.

The Service Provider is not responsible for the content, payments, performance or data security of the services or loyalty programmes of the Partners that have joined the Pivo service, or of the services of Credit and Payment Institutions.

11. Damages

The Service Provider is liable to compensate the Customer only for direct losses arising from action taken by the Service Provider in breach of the agreement. Such direct losses include costs incurred by the Customer in an effort to have the Service Provider’s error remedied.

The Service Provider is not liable for indirect losses resulting from the use of the Pivo service.

12. Intellectual property rights

All of the rights to the Pivo service and its content constitute exclusive property of the Service Provider and/or its Partners protected by copyrights, trademarks and other intellectual property rights.

The Service Provider grants the Customer the right to use the Pivo service only in the manner described in these terms. When using Pivo services, the Customer may not infringe on the Service Provider’s or its partners’ intellectual property rights. The Customer may not modify or copy the Pivo service or its content in any manner whatsoever or share, distribute, transmit, display publicly or publish in another manner any part thereof as such or modified.

13. Pivo service availability and technical requirements

Using the Pivo service requires a mobile device and a subscription enabling the transmission of data to the mobile device.

The Customer is responsible for the functioning, data security and compatibility of the mobile device and for the costs arising from these and the use of the service.

The Service Provider will occasionally publish updates which the Customer should download after being informed thereof. If the Customer fails to download such updates, it is possible that the Pivo service cannot be used any longer.

The Service Provider does not guarantee the uninterrupted availability of the Pivo service. The Service Provider may interrupt the provision of the Pivo service where necessary for the duration of, for example, maintenance. The Service Provider is not liable for any damage or loss this may cause to the Customer.

14. Comments

Pivo Wallet Oy will answer any questions relating to the Pivo service. Where the issue concerns funds available for withdrawal and card transactions, the Credit or Payment Institution that issued the card will answer the questions. In questions related to a Partner’s services, the Customer is to contact the Partner in question.

15. Application of the terms

These terms do not limit any rights or obligations of the parties arising from mandatory laws. In the event of any inconsistency or discrepancy between these terms and the file description of the customer data file, these terms of use shall prevail.

16. Assignment of the Pivo service user agreement

The Service Provider may assign its rights and obligations under these terms of use to any of its parent, subsidiary or Group companies or to any other company which has the same control as the Service Provider.

In addition, the Service Provider may assign its rights under these terms of use to a third party as part of a merger, company acquisition or divestment of assets.

17. Applicable laws, non-juridical procedures and jurisdiction

The laws of Finland shall apply to this agreement, with the exception of the connecting factor rule, regardless of the country where the Pivo service is used.

Any disputes that may relate to this agreement and these terms will be settled primarily by way of negotiation between the contracting parties.

The Customer may submit a dispute arising from these terms to the Finnish Financial Ombudsman Bureau (www.fine.fi) and the Banking Complaints Board within the Bureau or the Consumer Disputes Board (www.kuluttajariita.fi).

The Customer may bring an action against the Service Provider concerning disputes that may arise from this agreement in the district court of the Finnish municipality in the jurisdiction of which he/she resides or has a permanent place of residence or in the district court in the jurisdiction of which the Service Provider is domiciled or its management is mainly based. If the Customer is not a resident of Finland, disputes will be submitted to the Helsinki District Court.

The Service Provider may bring an action concerning disputes that may arise from this agreement in the district court of the Finnish municipality in the jurisdiction of which the Customer resides or has a permanent place of residence. If the Customer is not a resident of Finland, disputes will be submitted to the Helsinki District Court.

Terms of use for Pivo payments

Pivo payments include mobile phone number based payments and the Pivo Payment button used for the payment of online purchases. Pivo payments made using a telephone number can be card payments, credit transfers or Siirto payments.

Service provider

OP Customer Services Ltd (2344162-6)
Gebhardinaukio 1, 00510 HELSINKI
P.O. BOX 909, 00013 OP
asiakaspalvelu@pivolompakko.fi
www.op.fi
www.pivo.fi

Belonging to OP Financial Group, the Service Provider is registered in the Trade Register maintained by the Finnish Patent and Registration Office.

The Service Provider is supervised by the Financial Supervisory Authority and, in consumer issues, by the Consumer Ombudsman.

Financial Supervisory Authority, Snellmaninkatu 6, P.O. Box 103, 00101 Helsinki (www.fiva.fi)

Consumer Ombudsman, Finnish Competition and Consumer Authority, Haapaniemenkatu 4 A, 7th floor, P.O. Box 5, 00531 Helsinki (www.kkv.fi)

Customer

Customer is the holder of a smartphone or another mobile device who has entered into this agreement with the Service Provider.

Pivo payments may be used by those who have reached the age of 15 and have funds under their control in a bank account.

Definitions

Mobile phone number based payments refer to a service that payers can use to transfer euro-denominated sums by means of a mobile phone number to a payee’s bank account from their payment card or bank account.

Bank account refers to the payment account offered by a Finnish bank from which the payments are charged and/or which the Customer uses to receive mobile phone number based payments.

Pivo application refers to a free application downloaded on a mobile device.

Pivo Payment button refers to an online payment method that a payer can use in the Pivo application to pay for products and services bought online, either as a credit transfer from his/her account or as a card payment from his/her card.

Siirto payment refers to a real-time payment transferred within Automatia Pankkiautomaatit Oy’s Siirto system from a payer’s bank account to a payee’s bank account based on a telephone number.

Electronic Payment Form refers to a form used by the Customer to make card-not-present payments with a payment card in accordance with the Credit or Payment Institution’s payment card terms and conditions.

Communication between the Service Provider and Customer

The Customer may contact the Service Provider by email (asiakaspalvelu@pivolompakko.fi) or in writing to the Service Provider’s postal address.

The Service Provider will send the Customer all messages and any notifications of alterations to this agreement or its terms and conditions as a message to the Customer’s mobile device. The Customer is deemed to have received information or notification no later than on the seventh day from the date of sending such a message.

Languages available for Pivo payments are Finnish, Swedish and English.

Entry into force

When registering as a user of Pivo payments for the first time, the Customer provides the information required by the Service Provider and agrees to follow these terms and conditions by accepting them.

During the registration, the Customer can send these terms and conditions to the email address provided by him/her. Furthermore, the Customer may, without a charge, ask the Service Provider to send all agreement terms and conditions used during the term of the agreement to him/her.

For use of Pivo payments, the Customer needs

  • a Finnish personal ID code
  • a smartphone or another mobile device (currently Android, iOS or Windows Phone) with a subscription
  • a Finnish mobile phone number
  • a Finnish bank account
  • a strong electronic authentication credential
  • a payment card that can be used for online shopping (such as Visa Debit, Visa Credit, Visa Electron or Master Card)
  • a valid email address.

Pivo payments are intended solely for private use.

For detailed instructions for using Pivo payments, see www.pivo.fi and www.op.fi.

Cancellation right under the Consumer Protection Act

The Customer as a consumer has the right to cancel the agreement in accordance with Chapter 6 a, Section 12 of the Consumer Protection Act within 14 days of accepting the terms and conditions and sending them to his/her email address.

Payments made as a payment order by the payer as a mobile phone number based payment that are still pending notification of the payee’s bank account and execution shall be completed even if the agreement is cancelled.

The Customer must send a written notification of such cancellation to the Service Provider’s email address. The notification must indicate the Customer’s name and personal ID code as well as a request to cancel the agreement for Pivo payments.

2.1. Mobile phone number based payments

Mobile phone number based payments allow the payer to transfer euro-denominated sums by means of a mobile phone number to the payee’s account from his/her bank card or bank account.

If the payee has not yet registered as a user of Pivo payments, the payer may send the payee a text message to ask him/her to enable Pivo payments. A pre-authorisation hold is placed, but the funds will not be charged from the payer’s bank account or card until the Service Provider has been notified of the payee’s account number and the payment can be executed. If the payee does not submit his/her account number within two (2) days, the payment order will be cancelled. The payer can verify whether the payment has been executed from the transactions in the Pivo application.

Payment card details will not be saved on the mobile device or in the Service Provider’s systems.

Pivo payment as credit transfer

For OP Financial Group payers, the funds will be transferred from the payer’s account as a credit transfer. The payment shall be carried out in accordance with the general terms and conditions of payment transfers.

Pivo payment as card payment

With other banks, the funds will be charged from the payment card as a card payment, in accordance with terms and conditions of the card. The card terms and conditions, agreed upon by the issuer of the card and the cardholder, will be applied to the payment.

Pivo payment as Siirto payment

Siirto payment is a service that the payer can use to make euro-denominated payments by means of a telephone number from his/her bank account to the payee’s bank account between bank groups on a real time basis.

Such payments are transferred via Automatia Pankkiautomaatit Oy’s Siirto payment system only between the service providers which are the system’s members. A description of the payment system and the service providers involved in the system at any given time are available at www.mobiilisiirto.fi.

The Customer accepts that the name, personal ID code, bank account number and the telephone number of the payer and the payee in the Siirto payment system are transferred to other service providers involved in the system. Such information is transmitted to other service providers only for executing a Siirto payment between the service providers.

When making a Pivo payment, the application informs the payer of whether the payment will be made as a Siirto payment through the Siirto payment system.

Limits for mobile phone number based payments

Daily and annual payment limits set by the Service Provider restrict the amount of payments transferred by means of a telephone number.

When a payment is charged from a payment card, any spending/withdrawal limits specified for the card apply to mobile phone number based payments as well.

The Service Provider will give notice of any changes to the payment limits two (2) months before their entry into force in a manner specified in clause Changes in the agreement, its terms and conditions, and charges and fees below.

Pivo payments executed by means of a telephone number as credit transfers or card payments include the following features:

  • The payer’s name and the mobile phone number entered in the service are shown to the payee.
  • The payer may add an image of his/her choice to the payment from his/her mobile device.
  • If the payee’s account number is not yet known to the Service Provider, the payer can send the payee a request to register as a Pivo payment user.

Siirto payments include the following features:

  • When making a payment, the payer is shown the payee’s name and telephone number, and the payee can see the payer’s name and telephone number.
  • The payer may add an image of his/her choice to the payment from his/her mobile device. The image transfers to the payee in accordance with the service terms and features of the payee’s service provider.
  • If the payee’s account number is not yet known to the Service Provider, the payer can send the payee a request to register as a Pivo payment user.

Transferring money by means of a telephone number as a credit transfer or card payment

The payer is responsible for ensuring that the mobile phone number to which he/she transfers money is the payee’s mobile phone number and that the amount has been entered correctly.

The sum is charged from the bank account or payment card registered in the service as soon as the payment is confirmed with the Pivo application’s access code or a biometric identifier (fingerprint).

The payer cannot cancel or change his/her payment after it has been confirmed.

The money is transferred from the payer’s bank account or payment card to the payee’s bank account usually on the same day, and on the following banking day, at the latest.

Banking days are weekdays from Monday to Friday, excluding Finnish religious holidays, Finland’s independence day (6 December), 1 May, Christmas Eve, Midsummer Eve and any other day that is not otherwise regarded as a banking day.

A payment order is cancelled also if the issuer of the payment card does not authorise the charging of the sum from the payment card. The payer is notified during the payment transaction if the payment cannot be executed.

Payments made as a payment order by the payer that are still pending notification of the payee’s bank account number and execution shall be completed even if the agreement is terminated.

Transferring money with Siirto payments

The payer is responsible for ensuring that the mobile phone number to which he/she transfers money is the payee’s mobile phone number and that the amount has been entered correctly.

The sum is charged from the bank account registered in the service as soon as the payment is confirmed with the Pivo application’s access code or a biometric identifier (such as fingerprint).

The payer cannot cancel or change the payment after it has been confirmed.

The money is transferred in real time to the payee’s bank account every day of the year.

Request for transferring money with Siirto

The Customer may ask another person to remit him/her money by sending a request for payment transfer. The daily maximum number of such requests is 100.

Receiving money through mobile phone number based payments

In mobile phone number based payments, the funds are transferred to the bank account registered in the service. The bank account can be changed from the settings of the Pivo application.

The name of the payee and the mobile phone number entered in the service are shown to the payer.

2.2. Pivo Payment button

Pivo Payment button is a service in the Pivo application which the payer can use to pay for online shopping as a credit transfer from his/her account or as a card payment from his/her card by confirming the payment in the Pivo application.

An OP Financial Group payer uses the Pivo Payment button to confirm credit transfers to be made from his/her account to the escrow company’s or e-tailer’s account. The payment shall be carried out in accordance with the general terms and conditions of payment transfers.

Payers using another bank confirm card payments meeting the card terms and conditions to an e-tailer or escrow company using the Electronic Payment Form. The form includes the card payment details required for making card-not-present payments. The card terms and conditions, agreed upon by the issuer of the card and the cardholder, will be applied to the payment.

The payer cannot cancel or change the payment after it has been confirmed.

2.3 General terms and conditions

Reporting payment transactions

Payment transactions, or sent and received funds, are shown on the bank account statement or credit card bill like any other payment transactions.

The Customer can also view payment transactions from the transactions in the Pivo application.

Photographs

No inappropriate photos or photos contrary to accepted principles of morality may be saved in Pivo payments or shared via the service. The Customer is responsible for having sufficient rights to the photos he/she has saved to the service. If the photos show other people, the Customer is also responsible for having permission from the person in the photo for sending the photo included in the payment.

Photos included in the payment are not shown to people other than the payees selected by the Customer.

The Service Provider is not responsible for the photos or their use.

Service charges

Use of Pivo payments is not currently subject to a separate charge. The Customer will be notified of any changes to service charges through a change in the agreement terms and conditions and before acceptance of a payment transaction in the service.

The issuer of a payment card may charge the user for the use of the card.

Downloading and using the Pivo application require data transfer, for which the Customer’s operator charges as per its service charges and fees.

Customer’s responsibility for information provided

The Customer is responsible for the information provided when registering as a user of and enabling Pivo payments and for this information being up to date and, in particular, for linking the correct bank account and payment card to the service.

The Service Provider is not responsible for the correctness of the information provided by the Customer but has the right to block the use of the service if it has reason to suspect that the information is incorrect or outdated.

Customer’s obligations

Pivo payments constitute a personal service that may not be used by any person other than the Customer registered for the service.

The personal access code for the Pivo application that is used to confirm payments may not be disclosed to another person, written down in an easily recognisable form or kept in the mobile device. The Customer must keep the access credentials safe in such a way that no other person, not even a family member, can obtain them. When the Customer enters the access code, he/she must cover the keypad with a hand, for example, in such a way that no other person can obtain the access code.

To prevent the misuse of Pivo payments, the Customer must keep the mobile device in such a way that no outsider can use Pivo payments in the Pivo application. It is recommended that the mobile device be locked using a PIN or padlock, if feasible.

Notification of incorrect payment transaction

The Customer must regularly check the payments he/she has made from the Pivo application, bank statement or credit card bill. The Customer must notify the Service Provider by email of any unauthorised payment transaction without delay and at the latest within 13 months from the day when the transaction was charged to the Customer’s payment account or payment card.

For payment orders executed incorrectly, the Customer must contact the bank whose payment account or card the Customer has linked to the Pivo payments service. The bank will investigate such incorrectly executed payment transactions.

The payer is not entitled to compensation if such notification is not made within a reasonable time.

Notification of lost mobile device and prevention of unauthorised payments

Notification to the deactivation number 24/7

  1. If the Customer notices that the mobile device with the Pivo application is lost or in the possession of a third party, the Customer shall immediately prevent any payments by reporting a lost card in accordance with terms and conditions of the payment card. The loss report must be filed for all payment cards used in the Pivo application. Someone may have snooped the access code without the Customer noticing it, and only the loss report prevents unauthorised payments with the mobile device. On the basis of the loss report, the bank that issued the card shall then deactivate the card and thereby block its use completely.
  2. In addition, the Customer shall report the loss of the mobile device by calling 020 333 (+358 20 333 when calling from abroad, back-up number +358 800 1 2400) to deactivate Siirto payments.

Reports to Pivo Customer Service – Mon–Sun from 6 a.m. to 11 p.m.

The Customer can also file a loss report with the Service Provider, after which the Service Provider blocks the payments. The report can be filed Mon–Sun from 6 a.m. to 11 p.m. by calling Pivo Customer Service at 0203 56789.
Outside the service hours, the report shall be filed as instructed above in Notification to the deactivation number 24/7. The Customer’s name and personal ID are required for the deactivation report.

If the Customer discovers that the access code for the Pivo application alone has fallen into the hands of a third party or suspects unauthorised use of the application, the Customer shall change the access code for the Pivo application.

Payer’s responsibility for unauthorised use of the Pivo application

The Customer is responsible for unauthorised payments only if:

  1. The Customer has given his/her mobile device, the Pivo application downloaded to it and the access code for the application to an unauthorised user, in which case making payments is possible;
  2. The mobile device, the Pivo application downloaded to it and the access code getting lost, falling into the hands of an unauthorised person or used in an unauthorised manner is due to the Customer’s negligence; or
  3. The Customer has not filed the reports specified in the clause above on the mobile device getting lost, or reported to the bank that issued the card that the card payment details saved in the mobile device have been lost, have fallen into the hands of an unauthorised person or are being used without authorisation, without undue delay upon detecting such a circumstance or immediately after such unauthorised use should have been detected after the Service Provider has provided information on the actual payment transactions.

The Payer is liable for the unauthorised payments referred to in items 2 and 3 above to up to 150 euros. However, this restriction shall not apply if the Customer has acted wilfully or through gross negligence.

Nevertheless, the Customer is not responsible for unauthorised payments insofar as the service has been used after the Customer has filed the reports referred to in the clause above.

Nevertheless, the Customer is always held fully liable if he/she has intentionally filed a false report or otherwise acted with fraudulent intent.

Service Provider’s liability for unauthorised payments

The Service Provider will refund to the Customer the unauthorised payment transaction amount after ascertaining that the Customer is not liable for the unauthorised use of the Pivo application and Pivo payments in the manner described above. However, the Customer is not entitled to the refund or any other compensation if he/she does not report on the unauthorised transaction within a reasonable time of when he/she discovered or should have discovered the error.

Force majeure

Neither of the parties is liable for any loss if they can prove that they have been prevented from fulfilling an obligation by an unusual and unforeseen reason beyond their control which has resulted in consequences that could not have been avoided by exercise of all due care.

Service Provider’s right to disable Pivo payments

The Service Provider has the right to disable the service, change the spending/withdrawal limits for Pivo payments and prevent its use entirely or in part, if:

  1. The customer has provided incorrect data when enabling the service, or later.
  2. The Customer becomes subject to international sanctions.
  3. The security of use of the Pivo application is in jeopardy.
  4. There is reason to suspect that the Pivo application and Pivo payments are used in an unauthorised manner or with fraudulent intent.

The Service Provider will inform the Customer of deactivating the service by sending a message to the Customer’s mobile device.

International sanctions refer to a sanction, financial sanction, export or import ban, trade embargo or another restrictive action imposed, administered, approved or executed by the Finnish government, United Nations, European Union, United States of America and United Kingdom or their competent authorities or governing bodies.

Reactivating Pivo payments

The Customer may reactivate Pivo payments anytime by re-registering as a user of the service, provided that he/she meets the criteria for being a customer.

Service Provider’s right to suspend or restrict provision of service

The Service Provider has the right to suspend or restrict the use of Pivo payments during maintenance and repair. The Service Provider does not guarantee the uninterrupted availability of the services and shall not be held liable for any loss caused by downtime.

The Service Provider is not obliged to inform the Customer if the use of Pivo payments is prevented and an individual order placed by the Customer is suspended or not executed owing to the reason mentioned above.

Service Provider’s liability for damages and limitations of liability

The Service Provider is liable to compensate the Customer only for the direct loss caused due to the Service Provider’s error or neglect. Such direct losses include necessary costs incurred due to remedying an error.

The Service Provider is liable for any indirect losses that it has caused through carelessness only if it has acted against the obligations prescribed by the Payment Services Act.

The payer must take reasonable measures in order to mitigate his/her loss. If he/she fails to do so, he/she is personally liable for the loss in this respect.

Changes in the agreement, its terms and conditions, and charges and fees

The Service Provider has the right to change these terms and conditions and charges for the service by sending a text message to the Customer’s mobile device. The change will take effect on the date indicated by the Service Provider, but no earlier than two months of the date when the Customer is regarded as having received information of such notification under these terms and conditions.

The agreement will continue to be effective with the altered content unless the Customer informs the Service Provider in writing by the notified effective date of said changes that he/she disagrees with the changes. The Customer has the right, until the effective date of the changes, to terminate the agreement with immediate effect. The Customer shall notify the Service Provider of the termination by sending email to asiakaspalvelu@pivolompakko.fi. The Service Provider has the right to terminate the agreement applying a two (2) month notice period from the date of cancellation.

Assignment of the agreement

The Service Provider has the right to assign this agreement, including the rights and obligations based thereupon, in full or in part to the party specified by the Service Provider.

If the Service Provider merges or demerges or transfers all or part of its business, the rights and obligations under the agreement between the Customer and the Service Provider will remain in force vis-à-vis the acquirer of the business.

The Customer has no right to assign this agreement to a third party.

Use of personal and transaction data

The Service Provider handles personal data in accordance with laws in force from time to time and acting as the controller of the personal data file. The Service Provider handles and discloses Customer data as specified in the file description of its customer data file.

The file description of the customer data file is available at www.pivo.fi

The Service Provider has the right to disclose information on the Customer in accordance with applicable legislation in force.

The Service Provider has the right to store information related to Customer transactions and events in its information systems and to record telephone conversations.

Such recorded telephone conversations may be used to improve customer service quality and ensure the validity of orders. The Service Provider may use them for risk management purposes and, furthermore, the Customer and the Service Provider may use them as evidence for the settlement of any disputes that may arise.

The date of an order, application or agreement and any other Customer transaction are verified using the information system, maintained by the Service Provider, and/or recorded telephone conversations.

The Service Provider may collect data related to the use of Pivo payments for the purpose of customer service, customer relationship management, marketing and risk management, and in order to ensure data security and enhance service quality and develop other business.

Termination of agreement

This agreement is effective until further notice.

The Customer may terminate the agreement anytime by removing the Pivo code from the Pivo application settings.

The Customer can reactivate the Pivo application and Pivo service by re-registering as a user of the service.

Nevertheless, the payer is responsible for mobile phone number based payments before the Service Provider has received notice of termination.

Uninstalling the Pivo application from the Customer’s mobile device alone will not terminate the agreement or the use of Pivo payments.

It is particularly important to remember to remove the Pivo code if the Customer transfers his/her mobile phone number into another person’s name or terminates his/her mobile subscription.

The Service Provider has the right to cancel this agreement applying a two (2) month notice period from the date of termination.

The Service Provider has the right to cancel the agreement with immediate effect if the Customer is in material breach of these terms and conditions or uses Pivo payments in activities that are against the law or good practice.

The Customer cannot use Pivo payments if he/she no longer has the required account or payment card.

The Service Provider shall notify the Customer of the termination or cancellation in a message to the Customer’s mobile device.

Intellectual property rights

All rights related to Pivo payments, including proprietary right, copyright, patents, trademarks and all other intellectual property rights, belong to the Service Provider or a third party, unless otherwise specifically agreed on in some respects. The reproduction, copying, saving, adaptation, modification, assignment, transfer or other exploitation in full or in part of any material mentioned above is strictly prohibited without the Service Provider’s prior written permission.

Customer advisory service and non-judicial procedures

The Customer shall always primarily contact the Service Provider in questions arising from this agreement and the terms and conditions herein. Any complaints and claims shall be submitted in writing.

The Customer may submit a dispute arising from these terms and conditions to the Finnish Financial Ombudsman Bureau (www.fine.fi) or the Banking Complaints Board within the Bureau or the Consumer Disputes Board (www.kuluttajariita.fi).

Applicable law and jurisdiction

The laws of Finland shall apply to this agreement.

The Customer may bring an action against the Service Provider concerning disputes that may arise from this agreement in the district court of the Finnish municipality in the jurisdiction of which he/she resides or has a permanent place of residence or in the district court in the jurisdiction of which the Service Provider is domiciled or its management is mainly based. If the Customer is not a resident of Finland, disputes will be submitted to the Helsinki District Court.

The Service Provider may bring an action concerning disputes that may arise from this agreement in the district court of the Finnish municipality in the jurisdiction of which the Customer resides or has a permanent place of residence. If the Customer is not a resident of Finland, disputes will be submitted to the district court of the jurisdiction in which the Service Provider is domiciled or its management is mainly based, or to the Helsinki District Court.