Attachment 1: General Terms and Conditions Hedpay
Hedpay (the "Service") is a bank-independent payment solution supporting the execution of transactions with in the Hedpay systems or in relation to bank accounts in a number of banks in a selection of countries. The service constitutes a tool which you (the "User") may use to execute payments through your online banking service in a simplified manner to an online supplier (the "Supplier") providing you a product or service. The service merely consists of an additional interface between the User and the interface of the online banking service of your choosing designed specifically for the purposes of simplifying your completion of a specific transaction. The User will personally carry through and complete all necessary steps for proceeding with a transaction such as logging in to the online banking service, or selecting account from which to pay, and signing the transaction. The User will, consequently, have full control over all phases of the completion of a transaction. The Service allows the User to execute a swift and secure bank transfer in a user-friendly interface without the need for any additional software or registration arrangements. The Service may also be used by the User for the purpose of authenticating oneself towards a Supplier, in order to receive a payment.
The Service is not offered by or affiliated with your bank. The Service is provided to you by Hedpay Ltd (10634791) United Kingdom, ("Hedpay"), through the Supplier that you want to transfer funds to or receive a payment from. Please read the Terms and Conditions carefully. In case you do not accept the Terms and Conditions, do not proceed with the transaction. By using the Service, you agree to the Terms and Conditions as set forth in this Agreement at the time of the transaction. The Terms and Conditions may be revised from time to time without prior notice and the User must therefore ensure that the terms are reviewed in each case before proceeding with a transaction. In the event of a change of the terms, the revised version will be labeled with a new version number.
By using the Service, the User approves that information provided on the User in the online banking service (including name, address, telephone number, e-mail address, sending bank account number, personal identity number and, where applicable, passport number/identity card number) is used by Hedpay for the purpose of verifying the identity of the User and/or for the purpose of executing your transaction. Your information is furthermore forwarded by Hedpay to the Supplier for the purpose of the Supplier verifying the transaction and the User's identity, in order to prevent fraud or other criminal act as well as to meet potential legal requirements.
The User must be of at least eighteen (18) years of age, or of such age as required by the Supplier, with capacity to enter into legally binding contracts and have the right to dispose of the assets available in the online bank by using the Service and does hereby guarantee that the said requirements are met. Moreover, the User guarantees that it shall not use the Service for any purpose that is in violation of its agreements with third parties or applicable laws. The User is personally responsible for any and all such violations and acknowledges, by using the Service, that the use of the same does not result in any such violation.
Hedpay is liable to the User for transactions executed through the Service to the extent set out in the Swedish Payment Services Act (2010:751). Hedpay shall in no case be liable to the User, Supplier or any third party for any direct or indirect loss or damages incurred due to the use of the Service as a consequence to any error, crash or interruption caused by the User or a third party.
When executing a transaction through the Service, domestic or international payments may occur from time to time in which case a fee chargeable to the User's bank account may apply according to the terms of the agreement between the User and its bank. By using the Service, the User acknowledges that he or she is solely responsible for any and all fees applied by his or her bank when executing domestic or international payments/transactions.
Hedpay will store and process information provided by the User in accordance with applicable data privacy legislation. Such information includes the IP-address of the User, information regarding the identity of the User including e.g. name, address, telephone number, e-mail address, sending bank account number, account balance, personal identity number and, where applicable, passport number/identity card number.
Hedpay collects and processes the information for the purposes of managing your transaction, registering your transaction with your bank and carrying out a secure transaction as well as to meet legal requirements within the field of data storage requirements, anti-money laundering measures and other relevant legal obligations of Hedpay, including but not limited to for the purpose of preventing fraud and other criminal acts.
Hedpay is the controller of the collected data and is responsible for ensuring that it will be treated in accordance with applicable privacy regulations and will be used only for the purposes and in the manner, and only be provided to third parties, as set forth herein.
It follows from clause 3 (Authorization/permission to forward information provided by the user) above that the User consents to information being forwarded by Hedpay to the online banking interface and to the Supplier as further detailed in said clause. Hedpay may further forward information on the User to police authorities and other relevant authorities in connection with investigations of payment transactions for the purposes of preventing, investigating and disclosing breaches against anti-money laundering legislation, fraud and other criminal acts. Hedpay will undertake necessary measures to protect the provided data from otherwise being passed on to third parties and undertakes not to pass on any such data for commercial, advertising or similar purposes.
All personal data collected will be treated with confidentiality as far possible and will, in all cases, be transmitted and handled by applying SSL (Secure socket layer) and secure encryption procedures. Hedpay will not process personal data for a longer period than what is necessary for fulfilling the purpose of such processing as set out above.
The User, through its consent to these Terms and Conditions before use of the Service, consents to the processing of personal data as set forth above. The consent also applies to transfer of data via Internet including transfer of such data to a third country outside EU.
If you have any inquiries or requests relating to your personal data or your rights under applicable privacy regulations, including requests for information and rectification, please contact Hedpay at info@Hedpay.com. In certain cases, special Terms and Conditions may supplement these General Terms and Conditions, such as for use of Hedpay's special service for direct payments or "Hedpay Direct Debit". In case of contradiction between these General Terms and Conditions and such special Terms and Conditions, the regulations set forth in said special Terms and Conditions shall prevail.
If the User takes notice of any indication of malfunction, Hedpay shall be notified promptly in which case it will commence its best efforts to remedy any malfunction without delay.
Hedpay shall in no case be liable for any economic loss, delay or failure in performance to the extent such loss, delay or failure is caused by fire, flood, explosion, war, strike, embargo, governmental requirements, civil and military authority, data trespass, unlawful action of the User or any other cause beyond Hedpay's reasonable control.
Hedpay unilaterally reserves the right to take appropriate measures, keep records of and suspend a transaction of the User in the event of suspected criminal or illicit activity, imminent civil actions by third parties due to the providing of the Service or any other act or omission such as severe malfunction or misuse of the Service that might expose the User or Hedpay to damage regardless of the nature of such potential damage.
The transactions executed by the User are subject to monitoring for the purposes of complying with applicable regulations regarding anti-money laundering and financing of terrorism. The policies and practices applied are constantly reviewed and may vary from time to time and depending of conditions pertaining to the User such as transaction patterns, geographical position etc. For the purposes of complying with applicable regulations, records may be kept and additional information may be requested from the User in order to establish matters such as identity, purpose of the transaction and origin of funds. By executing a transaction through the Service, the User commits to provide any and all such information as may be deemed necessary for these purposes and recognize that non-compliance with such request may result in refusal to complete the transaction of the User or other consequences as called for.
If any provision of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect. If any provision of this Agreement is so found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid and enforceable.
These General Terms and Conditions and the agreement it constitutes shall be governed by the laws of United Kingdom. Disputes shall primarily be resolved by negotiations in good spirit between the parties following a claim being filed by the User after which Hedpay shall consider the claim within thirty (30) days. If the parties are not able to reach an amicable agreement regarding the claim, the dispute shall be resolved in accordance with the rules of civil procedure.