Smartum Saldo – Beneficiary’s Terms and Conditions of Use

valid until further notice

Smartum Saldo is a service for employers to offer a targeted means of payment for their employees.

These terms and conditions of use shall apply to Smartum Saldo and its use, and the Beneficiary agrees to comply with them. Accepting the terms and conditions forms a contract between Smartum Oy and the Beneficiary. The terms and conditions are deemed accepted when registering as a Beneficiary for Smartum Saldo, and at the latest when using Smartum Saldo..

Definitions

1. For the purposes of these terms and conditions of use, the following definitions shall apply:

a. A Beneficiary (= Cardholder) is a person who has, through the Smartum online service, opened or has been enrolled  by a Benefactor a personal Smartum account to which the Benefactor may load a Smartum Saldo balance.
b. A Benefactor is an organisation that offers a Smartum Saldo balance to the Beneficiary.
c. A Service provider is a third party whose  venues and possibly online services allow the use of Smartum Saldo either as a payment instrument or benefit card.
d. A Smartum Saldo balance is a sum financed by the Benefactor, including any excess costs, to promote the well-being of the Beneficiary.
e. A Smartum account is the account to which the Benefactor uploads a Smartum Saldo balance for the Beneficiary’s use.
f. The Card is connected to a Smartum account and used as both an ID and payment instrument to pay for services offered by a Service provider or as a benefit card.
g. Smartum online services are the Internet pages of Smartum Ltd., public or subject to logging in, which contain instructions and functions for using Smartum payment instruments (www.smartum.fi)

Opening an account

2. In order to start using Smartum Saldo, the Beneficiary must be entitled to the benefit offered by a Benefactor, and the    Beneficiary must have enrolled as a Beneficiary or have been enrolled by the Benefactor.
3. When first enrolling, the Beneficiary shall open a Smartum account. When registering the Beneficiary accepts these terms and the online service terms and conditions. The Benefactor is the holder of the account. When creating the account, the Beneficiary shall receive his/her own user and password login details used to log onto the Smartum online service. The user may not disclose or convey the login details to a third party, and he/she must also otherwise commit to storing them carefully. The user must immediately change the login details if there is suspicion of them ending up in the wrong hands. For security reasons, it is advised that the login details are  changed regularly. The user is responsible for all use of Smartum Saldo performed with their login details.

Granting a Card, lost Cards and renewals

4. Smartum will send the Beneficiary a personal Card in connection with the first offered benefit. The Card is delivered to the Beneficiary’s address that they have submitted. The Beneficiary is responsible for receipt of the Card.
5. The Beneficiary must inform Smartum Ltd. immediately if a Card is lost or ends up in the possession of a third party. The instructions  of the notice to be submitted to Smartum Ltd. are available at www.smartum.fi. Notice of a lost Card submitted through the Smartum online service is processed automatically, and the payment feature of the Card is closed immediately if the notification has been submitted in accordance with the instructions of the Smartum online service. A notification of loss submitted by other means is processed on weekdays between 9 a.m. and 4 p.m. after the notification has been received and its authenticity checked, and the Card is then entered in the cancellation list as promptly as possible. Smartum shall not compensate the Beneficiary for any possible use of the Saldo balance on the Smartum account between the Card getting lost and its cancellation.
6. The Beneficiary may apply for a new Card to replace a damaged one by submitting an application for a new Card, using the application form in the Smartum online service. Card renewals are charged according to the service price list. If the old Card is still in the Beneficiary’s possession, the Beneficiary is obligated to cut it in half or return it to Smartum once the new Card is received.
7. The balance on the Smartum account at the moment of annulment of the lost or damaged Card shall be immediately available for use on the new Card after activation.

Using Smartum Saldo

8. Smartum Saldo is a personal service and shall only be used by the Beneficiary to whom it has been granted with these terms and conditions. The Card must be signed by the Beneficiary when taking it into use.
9. A Smartum account may contain several separate Saldo accounts. Each Smartum Saldo has its own purpose of use and is therefore accepted by different Service providers. Smartum Saldo can be used at the  venues of the Service providers included in the Saldo network. Smartum reserves the right to change the network of Service providers during the Saldo period of validity. Smartum Ltd. is not liable for possible errors in the submitted service provider network.
10. Smartum shall not guarantee payment success in Service providers’ offices, but will do everything in its power to ensure a positive user experience.
11. Making a purchase with Smartum Saldo

• Smartum Saldo can only be used for services used solely by the Beneficiary
• The Beneficiary must convey to the cashier that s/he is paying with the Smartum Card, in which case the cashier has the opportunity to check that the services or products offered comply with the Smartum Saldo use restrictions.
• Paying with Smartum Saldo necessitates that a sum equivalent to the value of the transaction is available on the Beneficiary’s personal Smartum account as balance allocated for the concerned transaction. A Beneficiary may not cancel a payment s/he has approved.
• Smartum Saldo can be used to pay for all services offered by a Service provider taking into account any restrictions, e.g. in terms of taxation, set on Smartum Saldo use.
• Smartum Saldo is treated as an equal payment instrument comparable to other payment instruments (for example, cash, debit cards and credit cards) and the service provider cannot charge extra fees due to the Beneficiary using Smartum Saldo as a payment method. * The Beneficiary may use Smartum Saldo for single, serial or season tickets as well as to pay for services at reduced or campaign prices, either as instalments or in full, observing, however, restrictions in terms of taxation, for example, for those serial tickets whose user’s identity cannot be verified.
• When making and online payment, the Beneficiary is responsible for checking the availability of the service from the service provider in question.
• When using the Lunch Saldo, the minimum possible amount charged from the Saldo account is the lowest value of the current lunch benefit per meal as ruled by the Finnish Tax Administration. The minimum charge is valid also when the actual value of the purchase being below the minimum level.

12. The Beneficiary must verify their identity and undersign a receipt of purchase upon request. When using a POS terminal, the Beneficiary accepts the transaction by either undersigning the receipt of purchase or entering their PIN number. Using the PIN number is equivalent to undersigning. The receipt of purchase must be kept as a proof of the charge.
13. The Beneficiary may use in certain instances their account when buying services on the Internet. Submitting the Card number on the Internet is equivalent to the signature of the cardholder and is the responsibility of the cardholder. When using their card on the Internet, the Beneficiary shall be liable to comply with the instructions given by Smartum and strive to ensure the safety of the online payment with all means reasonably considered necessary. Smartum is not liable for expenses or damages caused by errors, interruptions or other interferences in the online service or telecommunications.
14. In addition to what is stated above, a Service provider shall be entitled to refuse a Beneficiary’s Smartum Saldo as a payment instrument on appropriate grounds if, for example, there is reason to assume that it would violate this contract and/or valid legislation or other provisions in effect.
15. As a rule, a Service provider has a secure real-time connection to the Smartum payment system, in which case any purchases made with Smartum Saldo shall be immediately debited from the user’s Smartum account. Each payment will show in the Beneficiary’s own online service in real time.
16. Smartum Card cannot be used in ATM’s (Automatic Teller Machines).
17. Any value loaded onto the Smartum Account cannot be exchanged into cash.

Account and Card validity

18. The validity period of Smartum Saldo is restricted. The Benefactor may change the period of validity during the period of validity and close the account if they so wish. Any excess charged when offering the benefi t is not returned to the Benefi ciary, and the Beneficiary shall accept that the Benefactor is not liable to reimburse it.
19. The Card is valid until the end of the last month of validity marked on the Card. Prior to this, the Card is renewed automatically free-of-charge on condition that the terms of use have been observed and the accounts connected to the Card have balances. The validity of the physical Card is not equivalent to the validity of the accounts, but it is possible that the validity of accounts ends during the validity of the Card, and, thus, the Card cannot be used for payments.

Misuse of Smartum Saldo, usage-based restrictions and replacement of Smartum card

20. Forging the Card is forgery in accordance with criminal law. In case of forgery, notice of a crime is always filed.
21. The Card or Smartum Saldo charged on a Card are forbidden to be modified or copied.
22. Using Smartum Saldo for an illegal purpose is forbidden.
23. If a Beneficiary uses Smartum Saldo against these terms and conditions, Smartum Ltd. shall be entitled to prevent the Beneficiary from using the payment feature by closing the Beneficiary’s account. The Beneficiary shall be liable to reimburse Smartum Ltd. for any damages caused by the use of Smartum Saldo against these terms and conditions.
24. Smartum Ltd. shall be entitled to replace a Card for technical reasons or to offer the Beneficiary the opportunity to replace it with an equivalent instrument for the Smartum systeme.

Beneficiary’s liability

25. A Beneficiary must immediately inform Smartum Ltd. of any changes of contact information (for example, name, address and telephone number) either in writing or by email or, alternatively, update the changed contact information by logging onto his/her personal Smartum online service. Should a Beneficiary fail to inform Smartum Ltd. of revised contact information and should this information be essential to Smartum Ltd. for managing services and activities related to Smartum Saldo, Smartum Ltd. shall be entitled to acquire the Beneficiary’s revised contact information and charge him/her for this measure.
26. The Beneficiary shall be liable to ensure that Saldo is used in accordance with these terms and conditions. The Beneficiary shall be liable to store the Card carefully. The Beneficiary shall be responsible for any damages caused by the careless storage of a Card.
27. In the event that the Beneficiary exceeds the balance on their account, they are obliged to reimburse it to Smartum Oy.

Liability of Smartum Ltd. and restriction thereof

28. Smartum Ltd. shall be liable for the functionality of the service to the Beneficiary: charges and reimbursements related to using Smartum Saldo are to be entered correctly into the Beneficiary’s Smartum account.
29. Smartum does not guarantee the functionality of the service at all times of the day, and reserves the right to reasonable maintenance and other outages.
30. Smartum Ltd. shall not be liable for any direct or indirect damages caused to the Beneficiary or a third party.
31. The Service provider shall be liable for any defects or errors in the products and services paid for with Smartum Saldo. Smartum Ltd. is not a party in the contracts pertaining to the purchased products or services, nor shall it be liable for compliance with these contracts and related terms and conditions. The Service provider shall be liable for the benefits and facilities offered to a Beneficiary pertaining to the use of Smartum Saldo, as well as for compliance with related terms and conditions. In addition, Smartum Ltd. is not a party in contracts related to the benefits offered to a Beneficiary; instead, any contracts related to benefits and facilities shall be made between the Service provider and the Beneficiary.

Processing personal data

32. It is necessary for the Benefactor to identify a person reliably in order to make sure that the benefit is assigned to the correct entitled person. Smartum shall process personal data in accordance with the Personal Data Act. Personal data shall be processed for the purposes of managing services and activities related to Smartum Saldo. Smartum Ltd. shall be entitled to use a Beneficiary’s data to individualise and send Cards, send notifications related to Smartum Saldo, and implement, maintain and manage the Smartum Saldo service entity. Additionally, Smartum Ltd. shall be entitled to use a Beneficiary’s data for marketing the services of Smartum Ltd. and Service providers in the manner described in the Description of File if the Beneficiary has granted permission for this. However, Smartum Ltd. shall not disclose the data to a third party for marketing purposes. Smartum’s Description of File is available on the Smartum Ltd. website at www.smartum.fi.

Force majeure

33. Smartum Ltd. shall not be liable for damages caused by unreasonable diffi culties in Smartum Ltd. operations due to force majeure or equivalent cause, such as a measure taken by the authorities. Furthermore, Smartum Ltd.shall not be liable for interruptions in automated data processing, data transfer, telecommunications or other electronic communication that it has not itself caused, nor for fire or other accident-induced interruptions, interrupted electricity supply or industrial action, such as a strike, lockout or boycott. A force majeure or any other circumstance mentioned above shall entitle Smartum Ltd. to cancel its operations related to Smartum Saldo until futher notice.

Contract period of validity and contract changes

34. Agreeing with these terms forms a contract between Smartum Ltd. and the Benefi ciary. The contract is valid until further notice.
35. The Benefi ciary may cancel the contract by giving written notice three (3) months in advance to Smartum Ltd. When the contract ends, any assets in the account are transferred to the Benefactor according to the principles described in section 18.
36. Smartum Ltd. shall be entitled to cancel this contract in cases of misuse.
37. Smartum Ltd. shall be entitled to change the terms and conditions of Smartum Saldo use as well as related appendices by providing notification of the change no later than three (3) months before the change in the Smartum online service, or by informing the Beneficiary in writing (by email or post).
38. If a Beneficiary has not terminated his/her contract in writing before the change comes into effect, s/he shall be regarded as having accepted the change, and the contract with related appendices in their changed form shall bind the Beneficiary.

Assigning a contract

39. Smartum Ltd. shall be entitled to assign this contract to a third party with all related rights and obligations.

Applicable law and dispute resolution

40. The aim shall always be to resolve possible disputes through negotiations, but if an agreement cannot be reached, disputes shall be settled in the District Court of Helsinki. Finnish law shall be applied to this contract.

These terms and conditions have been translated from Finnish. In case of any contradictions, the Finnish Terms and Conditions shall apply.