Definitions

This document (the “Definitions”) sets out the definitions applied to the Merchant General Terms and Conditions, the Card Acquiring General Terms and Conditions, the PSP Terms and Conditions and any other document which makes reference to these Definitions. 

“Additional Website Requirements” means any additional website requirements applicable to the Merchant, such as some of the additional requirements for MCC 7995 https://intergiro.com/faqs/merchants/requirements-7995-website;

“Agreement” means the signed Merchant Application and Agreement Form, Intergiro’s written acceptance thereof, the GTC, the Definitions, the Specific Terms and Conditions, any addendums to the Agreement, and the Guidelines;

“AML Legislation” means (i) Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, (ii) the Swedish act on prevention of money laundering and terrorist financing (Sw. lag (2017:630) om åtgärder mot penningtvätt och finansiering av terrorism), (iii) any corresponding act in any EU member state or within the EEA, and (iv) any regulations, instructions or guidelines from the Financial Supervisory Authority;

“API” means Application Programming Interface, which is a set of programming instructions and standards Intergiro provides to communicate with the Merchant and to receive Transactions from a Merchant or its third-party PSP;

“Authorisation” means (i) a confirmation from the Issuer, to a request to effect a Transaction, that a Transaction is within the Cardholder’s available credit limit and that the Cardholder has not reported the Card lost or stolen, or (ii) the confirmation of a Refund to a Cardholder;

"Business Day" means 08.00-17.00 within a day when commercial banks are open for general banking business (other than internet banking) in Sweden;

“Card Acquiring Specific Terms and Conditions” or “CASTC” means Intergiro’s card acquiring specific terms and conditions (as amended from time to time);

“Card” means a payment instrument, e.g. a payment card, digital application, or other device or solution that provides access to a Payment Credential and that is capable of conducting a Transaction, is issued by an Issuer and may bear the mark of a Card Scheme; 

“Cardholder” means an individual who is issued a Card;

“Card Acquiring” means the processing by Intergiro of a Transaction made by using a Card and the subsequent settlement of Proceeds to the Merchant Settlement Account;  

“Card Not Present” means that neither the Cardholder nor the Card is physically present at the time of the Transaction (such as during online purchases);

“Card Schemes” means each of the card networks Mastercard (“Mastercard”) and Visa (“Visa”) and any of their successors or assigns unless otherwise indicated in the Merchant Application;

“Card Scheme Rules” means the articles of association, rules, operating regulations, guidelines, policies and other instructions issued by the Card Schemes (as amended from time to time);

“Chargeback” means the return of funds to the Customer as a result of a disputed Transaction made by Card required by the Customer’s issuing bank or a Card Scheme;

“Collateral/Risk Mitigant” - interchangeable, includes all forms of risk mitigants, such as reserves, deposits, delayed settlements or anything of value that can cover potential losses in case of a Merchant failure;

“Confidential Information” means any information disclosed by a Party under the Agreement except (i) information that was already lawfully in a Party’s possession without any duty of confidentiality, (ii) is subsequently disclosed to Party by a third party that was not in breach of any obligation of confidentiality, (iii) is or becomes generally available to the public through no act or default on a Party, or (iv) was independently developed by a Party without the use of or reliance upon the Confidential information;

“Customer” means the customer of the Merchant that makes a Transaction, including a Cardholder;

“Data Controller” shall have the meaning assigned to such term in the GDPR;

“Default” means a breach by the Merchant of (i) any of its obligations under the Agreement, or (ii) its representations or warranties set out in the Agreement; 

“Effective Date” means the date of Intergiro’s approval of the signed Merchant Application and Agreement Form;

“Fees” means any applicable fees or charges payable by the Merchant for the Services, including but not limited to Intergiro Service fees and charges, interchange fees, Card Scheme fees and charges which Intergiro is liable to pay under or in connection with the Agreement, as set forth in the Merchant Application and Agreement Form or as otherwise communicated by Intergiro;

“Fines” means any penalties, uplifted fees, legal sanctions or other additional payments associated with any costs imposed by the Card Schemes or competent authorities;

“General Data Protection Regulation” or “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data;

“General Website(s) Requirements” means the general website requirements published by Intergiro on ​​https://intergiro.com/faqs/merchants/general-merchant-requirements-website which are subject to change;

“Guidelines” means Intergiro’s guidelines and instructions published on Intergiro’s website www.intergiro.com/faqs/merchants (as amended from time to time) or otherwise provided by Intergiro;

“HBR Merchant” has the meaning set out in clause 9.1 of the Card Acquiring Specific Terms and Conditions;

“Interest Act” means the Swedish act on interest (Sw. räntelagen 1975:635);

“Intergiro” means Intergiro Intl AB (publ), a Swedish fintech company licensed and registered as an electronic money institution with licence no 48003 with the Swedish Financial Supervisory Authority (Sw. Finansinspektionen) with the authority to issue electronic money and to provide payment services. Intergiro’s registered address is Box 3093, 103 61 Stockholm, Sweden and VAT number is SE556965353701, and its subsidiaries;

“Issuer” means a member of a Card Scheme that issues a Card to a Cardholder and maintains the contractual relationship relating to the Card with that Cardholder;

"Maintenance" means scheduled maintenance (including upgrades) of the Services;

“Merchant” means the legal entity that has submitted the signed Merchant Application and Agreement Form to Intergiro and has been accepted by Intergiro to use the Services;

“Merchant Application and Agreement Form” or “MAAF” means Intergiro’s Merchant application and agreement for Visa/Mastercard e-commerce card acquiring (card not present) or agreed amendments to such application; 

“Merchant Portal” means Intergiro’s web-based portal for Transaction reporting;

“Merchant Settlement Account” means an account in the name of the Merchant, provided by (i) Intergiro or (ii) a third-party financial institution, to which Intergiro settles the Proceeds;

“Merchant User Account” means a user account opened by Intergiro in the name of the Merchant;

“MID” means merchant identification number;

“Minimum Term” means one (1) year from the Effective Date;

“Parties” means the Merchant and Intergiro;

“Payment Credential” means a number or other credential that identifies an account of a Cardholder for use in a Transaction; 

“Payment Methods” means payment methods offered by Intergiro from time to time,  that can be used to purchase goods, services or content;

“Permitted Receivers” means a Party’s affiliates, its officers, employees or representatives; 

“Proceeds” means the funds originating from processed Transactions;

“Prohibited Business List” means Intergiro’s list of prohibited business activities, as set out in our FAQ [https://intergiro.com/faqs], as updated from time to time; 

“Prohibited Countries List” means Intergiro’s list of prohibited countries, as set out in our FAQ, as updated from time to time; 

“PSP” means Intergiro’s system or a third-party system, approved by and integrated into Intergiro, through which Payment Methods and additional services are made available;

“PSP Specific Terms and Conditions” or “PSPSTC” means Intergiro’s specific terms and conditions governing Intergiro’s provision of PSP Services (as amended from time to time); 

“PSP Services” means technical liaison for Payment Methods including transaction creation, capture, reporting and administrational services; 

“Recourse Claim” means any claim from Intergiro against a Merchant in respect of any Chargeback, Refund, rejected, fraudulent, reversed or otherwise corrected Transaction or Fees, costs, handling charges or penalties etc that Intergiro is required to pay to the Card Schemes, any regulatory authority or any other third party in connection with any claim;

“Refund” means the reversal (return) of a specific Transaction made by Card;

“Representatives” means the Merchant’s authorised representatives, including members of the board of directors, CEO and ultimate beneficial owners and the equivalent;

“Secured Obligations” means the obligations secured by the security interest in the collateral, typically consisting of the Merchant’s obligations to pay all amounts when due and perform all obligations now or in the future under the Agreement;

“Services” means the services (including the Portal and the API) offered by Intergiro to the Merchant from time to time and agreed between the Parties in the Agreement;

“Specific Terms and Conditions” means each set of terms and conditions that governs a Service, such as the CASTC or the PSPSTC and/or other Payment Methods offered by Intergiro from time to time;

“Transaction” means (i) the use of a Payment Credential to make a payment or otherwise exchange value between a Cardholder and a Merchant, and (ii) the refund of Transactions set out in (i);

“Website(s)” means the website(s)/URL(s) indicated in the signed MAAF through which the Merchant sells products, services and/or content; and 

“Website Requirements” means the General Website Requirements and the Additional Website Requirements.