Suunnittelutoimisto Signaali Oy has developed an Swipq ecosystem for receipts that enables the transmission of electronic receipts (“Swipq”).
Swipq can be utilised by merchants who produce receipts (“Merchants”), business customers along with their representatives (“Business Customers”), as well as consumers who have reached the age of majority (“Consumers”, Business Customers and Consumers jointly referred to as “End Users” hereinafter).
These Terms and Conditions define the terms in accordance with which End Users may utilise Swipq.
2. SUMMARY OF THE MATERIAL PROVISIONS
Swipq transmits electronic receipts and personal data between different actors.
With the help of Swipq, End Users receive electronic receipts for their purchases. The use of Swipq is at the End User’s own risk.
The use of Swipq is free of charge with limitations. The End User is responsible for any expenses resulting from the use of our services, such as expenses relating to the devices, software or network connections required by Swipq.
In order to use Swipq each End User is required to accept these Terms and Conditions as well as the Privacy Notice available on Swipq’s website. Together these will form the entire agreement concerning the use of Swipq between Swipq and the End User (“Agreement”).
The Agreement is concluded when the End User has accepted these Terms and Conditions and Swipq’s Privacy Notice, or, at the latest when the End User has commenced using Swipq.
An agreement between a Business Customer and Swipq may also comprise other appendices and may require that a valid employment relationship exists between the Business Customer and the representative of the Business Customer.
In case of conflicts between the agreement documents, Swipq’s Privacy Notice (as well as the agreement between Swipq and the Business Customer) will take precedence over these Terms and Conditions.
The potential agreements concluded by the End User with the Merchants are not a part of the Agreement.
4. ACTIVATING SWIPQ
Swipq is activated by registering Swipq’s online service for End Users.
In connection with the registration, the End User gives their contact details as well as their personal identification information used in connection with transactions, such as payment card information or email address (“Swipq Identifier”). The End User can also use their Swipq Identifier to activate Swipq in connection with new Partner Applications.
The End User is responsible for the information they have provided and that the End User has obtained the necessary authorisations to utilise the provided identification information. Using a third party’s identification information without authorisation is strictly prohibited and may lead to criminal liability. Using the same contact details or identification information first as a Consumer and later as a Business Customer, or the other way around, is not allowed. Swipq Identifier or other log-in information cannot be assigned or disclosed to third parties.
Swipq has the right to disable such Swipq Identifiers it suspects are misused or whose representative is no longer employed by the notified Business Customer.
5. PROVISION, TRANSMISSION AND INSPECTION OF SWIPQ RECEIPTS
An electronic receipt transmitted by Swipq (“Swipq Receipt”) contains such basic information that is also included in a regular receipt, such as the seller’s contact details, the purchased items or services and the price of the purchase including taxes, date of the issuing of the receipt and the identifier of the receipt.
Swipq Receipts are provided by Merchants who utilise Swipq. In order to receive a Swipq Receipt, a Swipq Identifier must be used in connection with the transaction. A Swipq Receipt is produced in connection with the transaction through the Swipq Identifier used. After this, a Swipq Receipt is sent to Swipq’s separate online service.
Swipq Receipts can be inspected within the Swipq’s separate online service where End Users can log in to inspect their information and electronic receipts. The transmission times, document viewing options and archiving periods for Swipq Receipts may vary.
The provision, transmission and inspection of Swipq Receipts is always conducted in accordance with Swipq’s Privacy Notice and other practices described on Swipq’s website.
6. SWIPQ’S MAINTENANCE AND FAULTS OR DEFECTS
Swipq makes reasonable efforts to ensure that Swipq is available 24 hours per day every day of the year, excluding the development and service windows of which Swipq endeavours to communicate well in advance.
In case of fault-related queries such as questions concerning delayed or missing Swipq Receipts, the End User may contact Swipq directly. If the fault arises due to a Merchant error, the End User must contact directly the Merchant in question.
Swipq may develop and modify Swipq. Swipq has the right to modify these Terms and Conditions as well as the Swipq Privacy Notice. If the End User uses Swipq thereafter, such use is considered to be an acceptance by the End User of the updated Terms and Conditions or Privacy Notice.
8. CHARGES AND EXPENSES
Swipq is provided free of charge for End Users with limitations. The End User is responsible for any expenses resulting from the use of Swipq, such as expenses relating to the devices, software or network connections required by Swipq. The End User is also responsible for possible charges relating to the services offered by Business Partners.
9. DATA PROTECTION
Swipq complies with personal data legislation in force in Finland as well as the Privacy Notice available on Swipq’s website, which the End User confirms to have carefully familiarised themselves with. The End User can at any time object to the processing and transmission of his or her personal data (i) for Swipq’s part by terminating the Agreement in accordance with section 13 of these Terms and Conditions; (ii) in relation to an individual Business or transaction, by not utilising their Swipq Identifier.
10. DATA SECURITY
Swipq enforces customary data security policies, such as the encryption of transmitted data and limited backups. Swipq has the right to temporarily disable access to Swipq, if (i) the End User, or the devices or software used by the End User, potentially endanger the data security of Swipq or third parties, or if (ii) a serious information security threat is directed at Swipq.
11. INTELLECTUAL PROPERTY RIGHTS
Swipq or its licensors own all intellectual property rights to Swipq (including copyright, databases, trademarks, design rights, patents, utility models, domain names and the applications for such).
End User can utilise Swipq only in accordance with the Agreement and for the term of the Agreement. End User acknowledges and agrees that Swipq and its background software contain business secrets of Swipq and third parties, such as the source code of the software, specific design of the software components, constitutional formula and logics, programming techniques and related documents. Copying, dismantling, inspecting or reverse engineering of Swipq or its background software is prohibited.
If a third party claims that Swipq infringes its intellectual property rights, Swipq has the right (i) to acquire the necessary licences in order to continue the provision of Swipq, (ii) modify Swipq in order to eliminate the infringement or (iii) terminate the Agreement with immediate effect. Swipq does not have any other responsibilities or obligations in such situations.
12. NO WARRANTY, LIMITATIONS OF LIABILITY
The utilisation of Swipq is at the End User’s own risk. To the extent permitted by mandatory law, Swipq is offered “as is” without any warranties regarding its availability, usability, accuracy or applicability to certain purposes. Swipq is not liable for direct or indirect damages, such as loss of data or its recreation, loss of profit or interest, decrease of revenue, harm to reputation, cover purchases, third party injuries or other unforeseeable damages, nor is it liable for products or services purchased from Merchants.
13. VALIDITY OF THE AGREEMENT AND CONSEQUENCES OF TERMINATION
The Agreement is in force until further notice or, in regard to a Business Customer, for a fixed term specified in the Agreement. The Consumer has the right to cancel the Agreement within 14 days of concluding the Agreement or activating Swipq by notifying Swipq in writing.
End User has a right to terminate the Agreement for convenience at any time without a notice period by informing Swipq in writing. Swipq and Business Customer have a right to terminate a non-fixed-term Agreement for convenience by complying with a 60-day notice period. The terms of the Agreement shall be complied with during the notice period.
Both parties also have the right to terminate the Agreement for cause with immediate effect, if (i) the other party has materially breached the Agreement and it has not corrected its behaviour within 14 days after receiving the other party’s written notification of a contract breach, or if (ii) Business Customer or Swipq go bankrupt, are placed in corporate debt reorganisation or otherwise become unable to meet their responsibilities under the Agreement.
After the Agreement has ended, the End User’s Swipq Receipts and other personal data will be destroyed in accordance with Swipq’s Privacy Notice, unless compelling legislation or the End User’s explicit consent provide otherwise.
14. FORCE MAJEURE
A party is not responsible for delay or damage that is due to an obstacle outside of the influence of a party, which a party cannot reasonably have been expected to take into consideration at the time of entering into the Agreement, and the consequences of which the party could not reasonably prevent or overcome, and due to which the fulfilling of the party’s obligations or responsibilities becomes unreasonably difficult or impossible (“Force majeure”). A Force majeure is, for example, war, demonstration, labour dispute, strike, industrial action, fire, natural disaster, communications disruption or other similar event. A party has a right to terminate this Agreement with immediate effect, if Force majeure has had an impact or will have an impact to the fulfilment of the Agreement for at least 30 days.
15. OTHER TERMS
Applicable law and dispute resolution. Laws of Finland shall be applied to the Agreement. Disputes arising from or in connection with the Agreement will be first and foremost solved in the District Court of Pohjanmaa as a first instance. A Consumer, however, has always the right to submit a matter related to the Agreement to the Finnish Consumer Disputes Board.
Transfer of the Agreement, subcontracting. Swipq and Business Customer have a right to assign the Agreement, in whole or in part, to a third party to whom the business activities described in the Agreement are transferred to, or to a company belonging in the same group of companies. Swipq has a right to use subcontractors in fulfilling this Agreement.
Partial invalidity. If any provision of this Agreement is later found to be void or invalid by a final judgment of a competent court of law or by another authority, such invalidity or will not invalidate the entire Agreement, but the Agreement remains in force in all other respects.