Apple 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) (the “GT&C”). These Apple Pay Specific Terms and Conditions (the “Terms and Conditions”) govern your use of Apple 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

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 Device" means devices compatible with Apple Pay, please refer to this page;

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

"Apple Software" refers to both Apple's hardware (your Apple Device) and software in Apple Pay;

"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);

"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 Apple Device;

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

"Tokenised Card" has the meaning set out in section 3.

3. Description of Apple Pay

3.1. Apple Pay enables you to pay for goods or services using your Apple Device instead of your Card, so-called Contactless Payments. To sign up for Apple Pay, you enter your Card details in Apple 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 (“Tokenised Card”). Should you lose your Apple Device it is important that you notify the Partner’s customer support, but the Card will not be compromised, as Apple Pay has registered the alias of your Card.

3.2. After finalising the sign-up process with Apple Pay, you can make Card Transactions using your Apple Device.

3.3. Apple Pay is available according to Apple'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 or with VISA.

3.4. The following general conditions and technical requirements apply to Apple Pay:

(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 an Apple Device on which Apple Pay is available, and you have an iTunes Account (Apple Pay terms and conditions are entered into between you and Apple); and
(iii) you are responsible for ensuring that only your own biometrics (such as Touch ID or Face ID) is registered on your Apple Device.

4. The use of Apple Pay

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

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

4.3. You select the applicable Card in Apple Pay. You initiate the Card Transaction by touching your Apple Device to the payment terminal's reader, or tap the Apple Pay button or choosing Apple Pay as your payment method in an app on your Apple 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 Apple Pay will be displayed in the transaction history of your Account in the Partner Platform.

Liability for unauthorised transactions
4.5. When using Apple Pay, you authorise the Card Transaction with biometrics (Touch ID or Face ID). If another person's biometrics (Touch ID or Face ID) are registered on the Apple Device you use with Apple Pay, you are liable for any Card Transactions made using Apple Pay 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, Apple Pay - which is available on your Apple Device - is personal and may only be used by you. You may not provide access to or permit someone else to use your Apple Pay. Apple Pay 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 Apple Device in which Apple Pay is available to prevent unauthorised use. You must therefore take all reasonable steps to protect the Apple Device where Apple Pay is available. You are solely responsible for the safety and security of your Apple Device. In particular, you must:

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

Obligation to report lost Apple Device
4.9. You must immediately contact the Partner’s customer support after the discovery of the loss of an Apple Device or if it can be suspected that someone unauthorised has become aware of the code for Apple Pay, or that the Apple 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 Apple Pay, 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 or other Apple Pay users;

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

(iv) disobey any laws that apply to the place where you use Apple 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 Apple Pay by Apple. In case of any changes that could affect your current use of Apple Pay, 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 Apple Pay in such case.

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

6. Suspension and deactivation of service

6.1. Intergiro may refuse to register you for Apple Pay, 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 Apple 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 Apple Pay, including using the Find My iPhone App. 

6.4. If you change or swap your Apple Device and you wish to continue using Apple Pay, you must deactivate your Card from your existing Apple Device and register for Apple Pay on your new Apple 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 Apple Pay with your Card.

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

7.3. If you terminate your Account in accordance with the GT&C, Apple Pay 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 Apple Pay.

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

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

Costs for using Apple Pay
8.5. For your use of Apple Pay, 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

Apple Pay is provided by Apple 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 Apple Pay service, or that compromises your privacy or the security of your Card Transactions.