Apple and Google Pay Specific Terms and Conditions (Consumer)

1. Introduction

1.1. Intergiro Intl AB (publ) is a Swedish fintech company licensed and supervised by the Swedish Financial Supervisory Authority (Sw. Finansinspektionen) as an electronic money institution with the authority to issue electronic money and to provide payment services (hereinafter referred to as “Intergiro”). Intergiro’s company registration number is 556965-3537 and Intergiro’s license number is 48003. Intergiro’s registered address is Box 3093, 103 61 Stockholm, Sweden.

1.2. Intergiro has partnered with an innovative company (the “Partner”) that provides a first-class app and/or website portal (as applicable) (the “Partner Platform”) to jointly provide you with the best services possible. Intergiro provides payment services and the Partner provides you with the Partner Platform through which you access and use the payment services.

1.3. Your use of Intergiro’s payment services through the Partner Platform is governed by Intergiro’s Banking-as-a-Service Terms and Conditions (Consumers), available at www.intergiro.com, (the “GT&C”). These Apple and Google Pay Specific Terms and Conditions (the “Terms and Conditions”) govern your use of Apple Pay and/or Google Pay with your Card. These Terms and Conditions are in addition to the GT&C which you accepted when you signed up for Intergiro’s payment services through the Partner Platform.

2. Definitions

2.1 In these Terms and Conditions, the following terms shall have the meanings set out below:

"Account" means your personal payment account, governed by the GT&C;

"Apple Pay" means a virtual payment technology provided by Apple in Apple Devices to make Card Transactions;

"Card" means a physical or virtual debit VISA card issued to you by Intergiro and branded with the name of the Partner;

"Card Transaction" means a purchase by way of Card of goods or services;

"Contactless Payment" means payment via contactless technology (e.g. Near Field Communication);

"Device" refers to either:
(a) a device such as a phone, tablet, or smartwatch which uses the Android operating system, on which Google Pay is available, and on which Intergiro determines, in its sole discretion, Intergiro cards may be registered, or
(b) a device compatible with Apple Pay, please refer to this page;

"Google Account" means an agreement between Google and the owner of the Android Device;

"Google Pay" means a virtual payment technology provided by Google in Android Devices to make Card Transactions;

"GT&C" has the meaning set out in clause 1.3;

"iTunes account" means an agreement between Apple and the owner of the Apple Device;

"NFC" means “Near Field Communication” which is a technology that enables a payment terminal to wirelessly communicate with an NFC-compatible Device;

"Terms and Conditions" means these Apple and Google Pay Specific Terms and Conditions;

"Tokenised Card" has the meaning set out in section 3; and

"Tokenisation Feature" refers to either (a) Apple Pay, or (b) Google Pay.

3. Description of the Tokenisation Feature

3.1 The Tokenisation Feature enables you to pay for goods or services using your Device instead of your Card, so-called Contactless Payments. To sign up for the Tokenisation Feature, you enter your Card details in Apple Pay / Google Pay or in the Partner Platform (as applicable). Your Card will be tokenised, which means that an alias card number will replace the Card’s number when registering with Apple Pay / Google Pay (“Tokenised Card”). Should you lose your Device it is important that you notify the Partner’s customer support, but the Card will not be compromised, as Apple Pay / Google Pay has registered the alias of your Card. 

3.2 After finalising the Tokenisation Feature sign-up process, you can make Card Transactions using your Device.

3.3 The Tokenisation Feature is available according to Apple's / Google’s current instructions and normally 24 hours a day. The availability may however be limited in the event of operational disruptions at Intergiro, at Apple / Google or with VISA.

3.4 The following general conditions and technical requirements apply to the Tokenisation Feature:

(i) you are already a customer of Intergiro’s Partner and with Intergiro and has thus previously accepted Intergiro’s GT&C;
(ii) you need a Device on which Apple Pay / Google Pay is available, and you have an iTunes account / Google account (separate terms and conditions are entered into between you and Apple / Google); and
(iii) you are responsible for ensuring that only your own biometrics (such as Touch ID or Face ID) is registered on your Device.

4. The use of the Tokenisation Feature

4.1 The Tokenisation Feature can be used in NFC-compliant payment terminals, online (if Apple Pay, only in Safari) and to pay in apps on your Device. The availability of the Tokenisation Feature may in some situations be limited due to circumstances beyond Intergiro's control. You are always responsible for access to the Device and software required to use the Tokenisation Feature, as well as any costs for such equipment.

Approval of Card Transaction
4.2 The payer is the cardholder (i.e. you) who has the Tokenisation Feature and the payee is the merchant from whom you purchase goods or services.

4.3 You select the applicable Card in Apple Pay / Google Pay. You initiate the Card Transaction by touching your Device to the payment terminal's reader, or tap the Apple Pay button / Google Pay button or choosing Apple Pay / Google Pay as your payment method in an app on your Device. You approve the Card Transaction through biometrics (Touch ID or Face ID) or with passcode.

4.4 All Card Transactions you have made using the Tokenisation Feature will be displayed in the transaction history of your Account in the Partner Platform.

Liability for unauthorised transactions
4.5 When using the Tokenisation Feature, you authorise the Card Transaction with biometrics (Touch ID or Face ID) or passcode. If another person's biometrics (Touch ID or Face ID) are registered on the Device you use with the Tokenisation Feature, you are liable for any Card Transactions made using the Tokenisation Feature that such other person authorises.

4.6 Other than as set out in clause 4.5. above, Intergiro’s liability for unauthorised Card Transactions is governed by the GT&C.

Terms and responsibilities for use
4.7 In addition to what applies under the GT&C, the Tokenisation Feature – which is available on your Device – is personal and may only be used by you. You may not provide access to or permit someone else to use your Tokenisation Feature. The Tokenisation Feature is a document of value and must be stored and handled in the same secure way as, for example, cash and other documents of value.

4.8 You must maintain adequate control and oversight of the Device in which the Tokenisation Feature is available to prevent unauthorised use. You must therefore take all reasonable steps to protect the Device where the Tokenisation Feature is available. You are solely responsible for the safety and security of your Device. In particular, you must: 

(i) use appropriate security, including passcode, Face ID or Touch ID where available, on your Device; and
(ii) never give anyone else your passcode or other security details.

Obligation to report lost Device
4.9 You must immediately contact the Partner’s customer support after the discovery of the loss of a Device or if it can be suspected that someone unauthorised has become aware of the code for the Tokenisation Feature, or that the Device can be used unauthorised. When the Tokenised Card is blocked, the function of the underlying Card does not change, which is thus still active.

4.10 When you use the Tokenisation Feature, you must not: 

(i) use it to do anything illegal;

(ii) use it in a way that could damage Intergiro’s, Partner Platform or Apple’s systems / Google’s systems or other Apple Pay / Google Pay users;

(iii) do anything that Intergiro or Apple / Google tell you not to; or 

(iv) disobey any laws that apply to the place where you use Apple Pay / Google Pay.

5. Changes

5.1 Intergiro may unilaterally change these Terms and Conditions from time to time, for example, to comply with applicable law or changes made to the Tokenisation Feature by Apple / Google. In case of any changes that could affect your current use of the Tokenisation Feature, you will be notified at least two (2) months in advance of such change. If you do not accept the changes, you should notify the Partner’s customer support before the changes take effect. Please note that Intergiro may terminate these Terms and Conditions with you and disconnect your Card from the Tokenisation Feature in such case.

5.2 Apple / Google may change the Tokenisation Feature at any time, or cease to offer it. Intergiro will keep you up to date with any changes imposed by Apple / Google. Intergiro reserves the right to terminate the Tokenisation Feature if required by Apple / Google.

6. Suspension and deactivation of service

6.1 Intergiro may refuse to register you for the Tokenisation Feature, or to block or restrict your Card where Intergiro has reasonable grounds for doing so. This includes where Intergiro becomes aware of behaviour that Intergiro (acting reasonably) considers may be indicative of fraud in respect of your registration or Account.

6.2 Where Intergiro has exercised its rights under this section, Intergiro will where reasonably possible, (and where it would not be a breach of security or law) give you appropriate notice of Intergiro’s intention to do so and explain Intergiro’s reasons.

6.3 If your Device has been lost or stolen, you must contact the Partner’s customer support immediately and use all reasonable endeavours to deactivate your Card from the Tokenisation Feature (including using the Find My iPhone App, if it is an Apple Device). 

6.4 If you change or swap your Device and you wish to continue using the Tokenisation Feature, you must deactivate your Card from your existing Device and register for the Tokenisation Feature on your new device.

7. Termination of service

7.1 Intergiro can terminate these Terms and Conditions by giving you at least two (2) months prior notice. If your Account is terminated for any reason, in accordance with the GT&C, these Terms and Conditions shall automatically be terminated, and you will no longer be able to use the Tokenisation Feature with your Card.

7.2 You can terminate the Tokenisation Feature at any time by deleting your Card details from your Device or the Partner Platform (as applicable).

7.3 If you terminate your Account in accordance with the GT&C, the Tokenisation Feature will automatically be terminated.

7.4 Any termination of these Terms and Conditions is without prejudice to any accrued rights and/or remedies.

8. Miscellaneous

Order of precedence
8.1 In the event of a conflict between these Terms and Conditions and the GT&C, these Terms and Conditions shall take precedence before the GT&C in relation to the subject matter of the Tokenisation Feature.

Change of Card
8.2 If your Card is replaced for any reason, you will be required to register your new Card for the Tokenisation Feature. 

Payment limits Apple Pay
8.3 Apple Pay does not impose any spending restrictions. The Card or the relevant merchant may however impose such restrictions.

Payment limits Google Pay
8.4 Google Pay has, in some regions, limits for sending, receiving and transferring money. Please refer to their website for further information.

Costs for using the Tokenisation Feature
8.5 For your use of the Tokenisation Feature, you will be charged fees and charges in accordance with the pricing information available in the Partner Platform.

Distance Contracts Act
8.6 In accordance with the Swedish Distance Contracts Act (Sw. lag 2005:59 om distansavtal och avtal utanför affärslokaler) you, as a consumer, have the right to withdraw from these Terms and Conditions  entered into with us as it has been entered into on distance (withdrawal right). If you wish to exercise such withdrawal rights, you must contact the Partner’s customer support within 14 days from the date of accepting these Terms and Conditions or from the date you were fully aware of the exact information contained within these Terms and Conditions. The withdrawal right only applies to these Terms and Conditions and not any Card Transactions. If you exercise your withdrawal right, Intergiro has a right to compensation for services provided during the time you have used them and for costs incurred up until the time the withdrawal right was exercised.

9. Our liability

The Tokenisation Feature is provided by Apple / Google and relies on other third parties such as your mobile carrier in order to function. Intergiro cannot be held responsible for any delay, interruption or other events that prevent you from using the Tokenisation Feature, or that compromises your privacy or the security of your Card Transactions.