Pivo payment terms and conditions
Valid as of 2 January 2019
1. Service Provider
OP Retailn Customers plc (0751699-0)
Gebhardinaukio 1, 00510 HELSINKI
P.O. BOX 909, 00013 OP
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) and Consumer Ombudsman, Finnish Competition and Consumer Authority, Haapaniemenkatu 4 A, 7th floor, P.O. Box 5, 00531 Helsinki (www.kkv.fi)
2. Pivo payments
Pivo payments is a payment method that you can use in the Pivo application to pay for products and services, either as a credit transfer from account, as a card payment from your card, or using a credit limit offered by a Partner. You can also transfer sums by means of a mobile phone number and use your mobile device to make card-based payments on payment terminals that accept contactless payments.
You can monitor transactions made using either payment cards issued by the Credit or Payment Institutions involved or payment accounts, check the amount of funds available on the card and receive purchase details in a message sent to your mobile device and monitor transactions on the accounts offered by a Credit or Payment Institution belonging to OP Financial Group.
Pivo payments are intended solely for private use. The use of Pivo payments is not permitted for professional or commercial activity.
The Customer is the holder of a smartphone or another mobile device who has entered into this agreement with the Service Provider and an agreement with Pivo Wallet for using the Pivo service. Pivo payments may be used by those who have reached the age of 15 and have funds under their control in a bank account.
Credit or Payment Institution refers to the issuer of the payment card and provider of payment account used in the Pivo service.
Credit limit refers to consumer credit which a company or institution acting as partner to Pivo Wallet Oy has granted to the Customers and which has been linked to Pivo payments.
A mobile contactless payment refers to a card’s payment feature that the payer can use to accept contactless payments with their mobile device or another separate device in contactless POS terminals.
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.
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 an application downloaded on a mobile device.
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. A description of the payment system and the service providers involved in the system at any given time are available at www.mobiilisiirto.fi.
4. Enabling Pivo payments and technical requirements
When you download the Pivo application from the app store and accept the terms for the Pivo service and Pivo payments, and agreement will be concluded for the Pivo service and Pivo payments.
During the registration, you can send these terms and conditions to the email address you have provided. Furthermore, you may, without a charge, ask the Service Provider to send all agreement terms and conditions used during the term of the agreement to yourself.
For Pivo payments, you need
- a Finnish personal identity code
- a smartphone or another mobile device (currently Android and iOS) with a subscription
- a mobile phone number
- a Finnish bank account
- 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), and
- a valid email address.
For detailed instructions for using Pivo payments, see www.pivo.fi and www.op.fi.
5. Starting to use Pivo payments
You can make Pivo payments using a phone numberas mobile contactless payment or as credit transfers online and in other shops accepting Pivo payments.
When you make a Pivo payment as a mobile contactless payment, your payment order is started as a card payment. You make a mobile contactless payment by entering the access code of the mobile device and placing the mobile device next to a POS terminal accepting contactless payment. The card terms and conditions, agreed upon by the issuer of the card and the cardholder, will be applied to the payment.
Other Pivo payment orders will be started in a way described later in section 5 either as a credit transfer, card payment, Siirto payment or possibly Credit limit, if such is available in the Pivo service and in the specific Pivo payment.
The sum of a payment will be charged from the Bank account you registered for the service or from your payment card or Credit limit once the payment has been accepted with the acceptance you give on your mobile device or with the biometric identifier the Service Provider accepts.
5.1 Pivo payment as credit transfer
If you have a Bank account in OP Financial Group, the funds are transferred as credit transfer from Bank account. The payment shall be carried out in accordance with the General Terms and Conditions of Payment Transfers.
5.2 Pivo payment as card payment
If you have registered the payment card to the service, 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.
5.3 Pivo payment as Siirto payment
Such payments are transferred via Automatia Pankkiautomaatit Oy’s Siirto payment system only between the service providers which are the system’s members.
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.
5.4. Pivo payment made with Credit limit
In the Pivo service, the Partner may offer Credit limit to be used in Pivo payments completed with a Pivo payment button, in which case you can choose the payment to be charged from your Credit limit. The terms and conditions between you and your Partner will be applied to Credit limit.
6. Other terms related to Pivo payment made using a phone number
6.1 Limits for mobile phone number based payments
Mobile phone number based payments are limited by daily and annual payment limits set by the Service Provider and notified in the settings of Pivo service.
Depending on the payment method you choose, any spending/withdrawal limits specified for the card or Bank account 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.
6.2 Pivo payments executed by means of a telephone number 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 their choice to the payment from their mobile device.
- A pre-authorisation hold can be placed, but the funds will not be charged until the Service Provider has been notified of the payee’s account number and the payment can be executed.
6.3 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 their choice to the payment from their mobile device. The image transfers to the payee in accordance with the service terms and features of the payee’s service provider.
6.4 Transfer of funds with a phone number
You will be responsible for ensuring that the mobile phone number to which money is transferred 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 acceptance you give on your mobile device or with the biometric identifier the Service Provider accepts.
Payments cannot be cancelled or changed once they have been confirmed.
Funds will be transferred to the payee’s bank account latest on during the following banking day.
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 if the issuer of the payment card does not authorise the charging of the sum. You will be notified during the payment transaction if the payment cannot be executed.
Payments you have made as a payment order that are still pending and execution shall be completed even if this agreement is terminated.
6.5 Transferring money with Siirto payments
You will be responsible for ensuring that the mobile phone number to which money is transferred 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 acceptance you give on your mobile device or with the biometric identifier the Service Provider accepts. Payments cannot be cancelled or changed once they have been confirmed.
The money is transferred in real time to the payee’s bank account every day of the year.
6.6. Request for payment transfer
You may ask another person to remit you money by sending a request for payment transfer. The daily maximum number of such requests is 100.
6.7 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.
7. Reporting payment transactions and account information
Payment transactions, that is, sent and received funds and payment orders made, are shown on the Bank account statement or credit card or Credit limit bill like any other payment transactions. You can also view payment transactions from the transactions in the Pivo application.
Through Pivo payment service you can see the transactions of the payment accounts offered by a Credit or Payment Institution belonging to OP Financial Group.
If you wish, you can give the information of your payment transactions in the Pivo service to Partners that offer various value-added services.
No inappropriate photos or photos contrary to accepted principles of morality may be saved in Pivo payments or shared via the service. You will be responsible for having sufficient rights to the photos you have saved to the service. If the photos show other people, you will also be 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 you have selected.
The Service Provider is not responsible for the photos or their use.
9. Liabilities of the client
You will be 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 will not be responsible for the correctness of information you have given.
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 access code must be kept safe in such a way that no other person, not even a family member, can obtain it. When entering the access code, you must cover the keypad with a hand, for example, so that no other person can obtain the access code.
To prevent the misuse of Pivo payments, you 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 keypad lock, if feasible.
10. Notification of incorrect payment transaction
You must check regularly your payments in the Pivo service, Bank account transactions or on the card credit or Credit limit bill. The service provider must be notified by email of any unauthorised payment transaction without delay and at the latest within 13 months from the day when the transaction was charged from the Bank account, payment card or Credit limit.
For payment orders executed incorrectly, you must contact the bank whose Bank account or payment card you have linked to the Pivo payments service, or a Partner acting as creditor.
You are not entitled to compensation if you do not make such a notification within a reasonable time.
11. Notification of lost mobile device and prevention of unauthorised payments
Notification to the deactivation number 24/7
- If you notice that the mobile device with the Pivo application and Pivo payment service is lost or in the possession of a third party, you must 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 service. Someone may have snooped the access code without your 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.
- In addition, you must 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–Fri from 8 am to 9 pm, Sat–Sun from 8 am to 4 pm
You can also file a loss report with the Service Provider, after which the Service Provider will block any payments. The report can be filed Mon–Fri from 8 am to 9 pm and Sat–Sun from 8 am to 4 pm 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. Your 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 payments and the making of payment transactions.
If your access code has been revealed to someone else or you suspect unauthorised use of the application, change the code right away in the Pivo service under “Settings”.
12. Payer’s responsibility for unauthorised use of the Pivo application and Pivo payments
You will be responsible for unauthorised payments only if:
- You have given your 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
- 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 your negligence, or
- You have 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 you received information on the actual payment transactions.
You will be liable for the unauthorised payments referred to in items 2 and 3 above to up to 50 euros. However, this restriction shall not apply if you have acted wilfully or through gross negligence.
Nevertheless, you will not be responsible for unauthorised payments insofar as the service has been used after you have filed the reports referred to in the clause above.
Nevertheless, you will always be held fully liable if you have intentionally filed a false report or otherwise acted with fraudulent intent.
13. Service charges
Use of Pivo payments is not currently subject to a separate charge. Any changes to service charges will be notified through a change in the agreement terms and conditions.
The payment card or Credit limit issuer may charge a fee for use of the card or Credit limit.
Using the Service requires data transmission in the network. Depending on your 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.
14. Communication between the Service Provider and Customer
You may contact the Service Provider by email (firstname.lastname@example.org) or in writing to the Service Provider’s postal address.
The Service Provider will send all messages and any notifications of alterations to this agreement or its terms and conditions as a message to your mobile device.
Languages available for Pivo payments are Finnish, Swedish and English.
15. 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 you 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.
16. 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:
- You have provided incorrect data either when enabling the service or later
- You are subject to international sanctions
- The security of use of the Pivo application is in jeopardy
- 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 you of the closure of the service by sending a message to your 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.
17. Liability for damages and limitations of liability
If we cause loss or damage through our error or negligence, we will only compensate direct loss or damage, unless this has been caused wilfully or through gross negligence, or unless otherwise provided by mandatory legislation.
You must take reasonable measures in order to mitigate the loss. If you fail to do so, you will personally liable for the loss in this respect.
We will not liable for any loss if we can prove that we have been prevented from fulfilling an obligation by an unusual and unforeseen reason beyond our control which has resulted in consequences that could not have been avoided by exercise of all due care.
18. Changes in the agreement, its terms and conditions, and charges and fees
The Service Provider has the right to alter these terms and conditions and fees charged for the service by sending you a message to your mobile device at least two (2) months before the proposed changes are to become effective.
The agreement will continue to be effective with the altered content unless you inform the Service Provider in writing by the notified effective date of said changes that you disagree with the changes. You have the right, until the effective date of the changes, to terminate the agreement with immediate effect. You must notify the Service Provider of the termination by sending email to email@example.com. The Service Provider has the right to terminate the agreement applying a two (2) month notice period from the date of cancellation.
19. Use of personal and transaction data
The Service Provider processes personal data in accordance with the legislation in force and in a manner described in greater detail in the Privacy Notice. We recommend that you read the privacy protection information referred to.
The Privacy Notice is available at www.op.fi.
The Service Provider may store information related to your transactions and events and record telephone conversations. Such recordings may be used for purposes specified in the Privacy Notice.
By making Pivo payments, you give the Service Provider the right to process personal data that is necessary to provide the payment service.
20. 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. You have no right to assign this agreement to a third party.
21. Cancellation right under the Consumer Protection Act
If you are in the position of a consumer, you have 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.
The Customer must send a written notification of such cancellation to the Service Provider’s email address. The notification must include your name and personal ID code as well as a request to cancel the agreement for Pivo payments.
The agreement will be cancelled without any further action if you cancel the agreement concerning the Pivo service.
Execution of payments made as a payment order by yourself as a mobile phone number based payment that are still pending shall be completed even if the agreement is cancelled.
22. Termination of agreement
The Agreement is effective until further notice.
You can terminate this agreement with immediate effect by sending a notification to that effect to the Service Provider to firstname.lastname@example.org.
You can terminate the Pivo service by removing the Pivo code from the settings menu (“Poista Pivo-tunnus”, Remove Pivo code) or by emailing a notice of termination by to the Service Provider at email@example.com. Terminating the Pivo service will also terminate the agreement on Pivo payments.
Nevertheless, you will be responsible for mobile phone number based payments before the Service Provider has received notice of termination.
Uninstalling the Pivo application from your mobile device alone will not terminate the agreement or the use of the Pivo service.
It is particularly important to remember to remove the Pivo code if your mobile phone number is transferred to another person’s name or if you terminate the 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 you are in material breach of these terms and conditions or use Pivo payments in activities that are against the law or good practice.
The Service Provider will notify you of the termination or cancellation in a message to your mobile device.
You cannot use Pivo payments if you no longer have the required Bank account or payment card.
23. Customer advisory service and non-judicial procedures
Please contact us first and we will try to solve the matter together.
If you disagree with the decision made by the Service Provider, you can submit the matter in writing to OP Financial Group’s Customer Ombudsman (www.op.fi/asiakasasiamies). Customer Ombudsman is a fast and free-of-charge complaint-handling body and its handling is independent of the previous decision.
You 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).
24. Applicable law and jurisdiction
The laws of Finland shall apply to this Agreement.
You 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 you reside or have 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 you are 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 you reside or have a permanent place of residence. If you are 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.