Vilkku application is a program to download on mobile devices (hereinafter “Application”) and a digital service (hereinafter “Service”) to purchase electronic tickets and travel cards and for related transmission of payments.
The owner of the Service is iQ Payments Oy, registered in the business register maintained by the Finnish Patent and Registration Office (hereinafter “Service provider”), Business ID 2564925-2. The Service provider operates as a trader referred to in consumer protection legislation in terms of providing payment transmission services and the Service to consumers. The Service provider’s main branch of activity is computer system and software consultation, other corporate services and other service operations related to equipment and information technology. The Service provider’s geographical address in the country of establishment, and the address of the place of work managing customer relations, is as follows: Linnankatu 13a A 18, 20100 Turku.
These contractual terms shall be applied to the use of the Service. The Service provider shall be entitled to unilaterally modify these contractual terms (“Contractual terms”). By continuing to use the Service, you accept these Contractual terms and the amended terms in their current form. You will be notified of term updates in the Service. By means of the Service, you will be offered alternative ways to pay for services or products sold by various merchants. You also commit to meet the contractual terms for the selected method of payment and for the Merchant in question.
2. Parties to the contract and making of the contract
There are three parties to the contract: The Service provider, the producer of the service purchased (“Merchant”), and you, the Customer (“Consumer”).
The Service provider only acts as the agent transmitting the tickets and the related payments, which is why the exact amount of payments charged from the Customer depends on the purchase decision made by the Customer in each case.
The contract is made as you begin to use the Service as mentioned below in section 5. As the user of the Service, you also enter into a contract on the use of the Service (“Contract”) with the Service provider as indicated in these Contractual terms.
3. Advance information on distance contracts
Advance information on distance contracts has been provided according to Finnish legislation. The customer will be able to receive the advance information and the Contractual terms electronically and to receive the contractual terms in printed form upon request during the contractual relationship. The Customer may receive this information in Finnish and in English, and the Service provider shall be committed to using Finnish and English during the contractual relationship.
4. Requirements for entering into a contract
You must be 18 years old or a major. With the permission of parents, children may also use the Service under the supervision of their parents.
The Service provider shall be entitled to verify your identity if required by the applicable legislation.
The Service is intended only for private use and legal purposes. Using the Service is personal, and only you are entitled to use it.
5. You become a user of the Service by using it
The Service may be used by registering or without registration. For registration, you must have:
* a mobile phone number
* a valid email address.
You shall be liable for the correctness and the up-to-dateness of the information you provide in the Service. This applies to information such as the number of your payment card, your mobile phone number and your e-mail address. The Service provider shall not be liable for the correctness of the information.
You shall be liable to immediately notify of changes to your name, personal information, address or other contact information in writing, by e-mail or via the Service user interface. By accepting this contract, you allow the Service provider to verify your personal information, your address and your credit standing in connection with each payment transaction.
The Service provider shall be entitled to prevent the use of the Service if the information you provided is incorrect or if your credit information is blacklisted.
6. Particular safety considerations to be taken into account when using the Service
Once you begin to use the mobile application (“Application”), you must create a personal PIN code and password for the Application. The PIN code must not be easy to guess, such as 0000, 1234 or your date of birth.
The PIN code is personal, and it must not be divulged to others. You should store your PIN code carefully so as to prevent outsiders from discovering it or using it. The PIN code must not be written down next to your phone or stored in a mobile device.
You shall be liable to immediately notify the Service provider if another individual may be in possession of your PIN code. The notification may be made at any time by communicating the user name to cancel by e-mail at email@example.com. The notification must be sent from the same e-mail address which is used for your registration. Once the Service provider has closed your account, you’ll receive a notification by e-mail.
Your user account will remain closed until you have contacted the Service provider’s customer service to receive instructions for reopening your account. The Service provider may close your account without receiving a notification from you if the Service provider has suspicions of irregularities.
The Service provider shall notify you immediately if it has been necessary to close your account. While using the Service, you must also comply with other contractual terms which bind you, such as those of a bank, an operator or a creditor.
To prevent the misuse of the Application, you shall be liable to store your mobile device so that outsiders cannot use the Application freely. Where possible, you must lock your mobile device using a passcode which you must not reveal to others.
You shall be liable for the unauthorized use of the Service if you have allowed the Application to be used by an unauthorized person, you have neglected to store your PIN code safely, or you have not immediately notified the Service provider that others may be in possession of your PIN code and the Application or the user account created in section 5.
You shall not be liable for the unauthorized use of the Service where the Service has been used after you have requested that the Service provider close your account and after you have received a confirmation on the closure of your account as described above in this section of the contract.
7. Payer’s right to cancel a payment instruction
Since the payment instructions you make are immediately executed, payment instructions cannot be canceled once you have approved them. According to the law, there is no right of cancellation if the parties to the agreement have already met their contractual obligations in full upon the explicit request made by the Customer. The Service provider only acts as an agent transmitting the payment, and you must agree on the return of the payment with the Merchant. The return process may be initiated through the Service provider’s website, the Service, by e-mail or by phone. The Merchant’s contact details are available in the receipt you receive by e-mail.
8. Payment transaction control and obligation to inform
You shall be liable to regularly monitor the payment instructions you make via the Service, and you must inform the Service provider of unauthorized payment transactions without unnecessary delay after discovering such transactions.
Should you find that payment instructions made using the Service have been incorrectly executed, you must immediately contact the company providing the payment method used, such as the bank issuing the credit card which has been linked to your user account. The bank or the company providing the method of payment shall examine incorrectly executed payment transactions.
9. Validity and termination of the contract
This Contract shall be in force until further notice. You may terminate the Contract within thirty (30) days of sending a notice of termination by e-mail to the Service provider’s customer service. Please note that the Contract shall not be terminated simply by uninstalling the Application on your own mobile device.
The Service provider may terminate this contract within thirty (30) days of termination. The Service provider shall notify you of the termination by sending a notification to the e-mail address you have provided when registering for the use of the Service.
The Service provider shall be entitled to immediately terminate the contract if you have significantly violated the terms related to the use of the Service. The Contract and your right to use the Service shall be terminated once the Service provider has sent a notification of termination to the e-mail address you have provided when registering for the use of the Service.
10. Intellectual property rights
The Service provider shall reserve all intellectual property rights to the Service developed, the system, the related technology and the contracts and documents which you may access based on this Contract.
The user shall accept and understand that the user shall not be entitled to sell or commercially utilize the Application, the Service, or its contents. The user of the Service shall not have any rights of access to the underlying software or the source code of the Service.
11. Mobile device operation and data security
You shall be liable for the operation of your own mobile device and other technology. The Service provider shall not be liable for the operation of your devices or their connection to a network operator.
The Service provider shall be liable for its own software and the data security related to its use. The Service provider shall secure user data to the best of its ability. No data protection system is perfect, and data security risks exist in all systems. The user of the Service shall accept and understand that network-based data transfer can never be fully private or secured.
12. Liability for damages and limit of liability
The Service provider shall be liable for indirect damages caused by its own negligence where a causal connection exists between such damages and the Service provider’s actions in violation of the law or the contract and where the Service provider could reasonably have anticipated them. The liability only applies to foreseeable damage types and damage quantities and is limited to fifty (50) euros. Liabilities based on a causal connection and independent of negligence shall only cover direct damages.
You shall be liable to take reasonable measures to limit damages. Should you neglect to limit damages, you shall be liable for damages in this regard.
The Service provider shall not be liable for damages due to measures taken by the authorities, interruptions to general traffic or payment transactions, strikes, lock-outs, boycotts, trade blockades or other equally significant and unusual events which take place regardless of the Service provider.
13. Personal data and data protection
The Merchant is a data controller (“Controller”) referred to in personal data legislation, and the Service provider is a processor of personal data dealing with the personal data of the registered Customer (“Data subject”) for and on behalf of the Controller.
The Service provider shall process, for and on behalf of the Controller, the personal information provided when logging in the Service. The Service provider shall keep records of the processing activities carried out for the Controller.
In its activities, the Service provider shall be committed to comply with the applicable legislation on the processing of personal data and data protection and to follow the instructions provided by the Controller when processing personal data received from the Controller.
In connection with providing the Service, the Service provider shall implement technical and organizational measures to ensure the safety of personal data processing as provided in personal data legislation.
The Service provider shall ensure that all individuals entitled to process personal data received from the Controller as part of the Service are committed to the obligation of secrecy, or they are bound to the appropriate statutory obligation of secrecy.
After the termination of the provision of the Service, the Service provider shall return to the Controller the personal data processed by the Service provider for and on behalf of the Controller. The Service provider shall also delete potential duplicate personal data remaining in its systems, unless the preservation of such personal data is required by European Union legislation or national legislation. After the termination of the provision of the Service, the Service provider shall be entitled and liable to preserve personal data for a reasonable period of time which is required and necessary in order for the Service provider to meet its statutory obligations, such as the obligation to inform.
The Service provider shall not transfer personal data outside of the EU or the EEA without a prior written permit from the Controller.
Data subjects shall be entitled to request that Controller grant them access to their personal data and to request the correction or deletion of such data, or the limitation of data processing, or object to data processing, and they shall be entitled to transfer the data from one system to another. The Service provider shall notify the Controller of requests made by Data subjects to exercise their rights under the data protection legislation.
Data subjects may send their requests to the following e-mail address: firstname.lastname@example.org.
14. Agreements made with Merchants
The Service provider shall not be liable for the products and services sold by Merchants, their quality or delivery. Instead, the sole duty of the Service provider in this chain of services is to transmit tickets and the related payment services. The Service provider shall not be liable for agreements made between Customers and Merchants. You must agree with the Merchant on potential product returns, reclamations and the return of the purchase money.
In disputes related to agreements between yourself and a Merchant, claims must be made to the Merchant. The Service provider shall in no case be liable for disputes or agreements between Customers and Merchants or Merchants’ contractual obligations.
Reclamations related to the purchase of tickets and the transmission of payment instructions shall be made by e-mail at email@example.com. Reclamations should be made within a reasonable amount of time after detecting an error in ticket purchase or the transmission of a payment instruction, but no later than two months after detection of the error.
A reclamation for a product or service purchased should be made to the Merchant whose contact details are on the ticket received by e-mail.
16. Jurisdiction and applicable law
This contract is governed by Finnish law or, where consumer legislation so provides, by the law applicable in the country of residence of the Customer regardless of the country in which the Service is used, provided that the Service provider engages in commercial or professional activities in the country of residence of the Consumer, or activities in any way targeting such a country or several countries in which the country concerned is included. If differences related to the contract cannot be solved by negotiation, differences will be settled in the district court which has jurisdiction in the place of business of the Service provider or in the place of management of the Service provider’s operations. A claim based on consumer protection legislation made by the Customer to the Service provider may also be examined at the district court which has jurisdiction in the place of residence or permanent domicile of the customer. If the Customer does not reside in Finland, the differences will be settled at the district court which has jurisdiction in the place of business of the Service provider or in the place of management of the Service provider’s operations.
The Customer may also request the settlement of disputes related to a consumer contract by a consumer disputes board external to the court, as provided in the Act on the Consumer Disputes Board (8/2007). A written application to a consumer disputes board may be submitted for the settlement of the dispute after the consumer has contacted a consumer information service. Further information on the procedure is available at the following address: http://www.kuluttajariita.fi.