Convenience translation only, the Swedish version of these terms of use prevail
Terms of use for Frink AB:s (Zaver's) services.
1. General
This user agreement applies to the services, products and functions provided by Frink AB (“Zaver”), company registration number 559059-8420 through the brand Zaver, and regulates the use of Zaver’s products and services. Zaver is a payment institution under the supervision of the Swedish Financial Supervisory Authority, Box 7821, 103 97 Stockholm and the Swedish Consumer Agency, Box 48, 651 02 Karlstad. A consumer who wishes to use Zaver’s services and registers as a user must approve this agreement. A consumer registered as a user is hereinafter referred to as "User".
We recommend that you carefully read this document before using Zaver’s services and contact us if you have any questions.
Zaver offers services, products and functions (hereinafter the “Services”). The Services includes, but are not limited to, payment services, payment intermediation, credit mediation, granting of credit and other services that Zaver has a legal right to offer the public in accordance with current legislation, including services covered by the Payment Service Directive. The Services are offered through Zaver’s app, website and/or other channels according to Zaver’s decisions..
You sign up for the Service and enter into an Agreement with Zaver by accepting these terms. Every time you use Zaver’s services you will need to accept the latest version of these terms.
Additional terms may apply to Zaver’s various payment services, which means that if you choose to pay with one of our services, you may have to accept additional terms. For example, if you choose to apply for a credit, you need to accept the terms and conditions that apply to the selected credit product.
2. Third party suppliers
In addition to offering payment services itself, Zaver acts as a technical supplier to other payment service providers by providing technical integration to businesses. If a User chooses to make a payment using another payment service provider, such as, but not limited to, Trustly, such provider is responsible for the payment service and its execution. The terms and conditions that apply to the payment service performed by a third party are provided by that third party. This agreement applies in applicable parts to the other Services that Zaver provides to you.
3. Your obligations - basic requirements for use of Zaver’s services
At the point of registration for Zaver’s Services as a User, a unique user account is created giving you access to the Services. The user account is personal and may only be used by you. You are responsible for all actions performed via your user account. Only an individual of legal age may register as a User.
Correct information
When using the Service, you are obligated to provide correct information and use your own correct identity. Any use of the Service in a non-prescribed way will be seen as misuse.
PEP/RCA
The User has a duty towards Zaver upon first use of Zaver’s services, or if the User’s situation should change, to state whether the User or a close contact of the User, is a politically exposed person ( “PEP” or “RCA”) according to the definitions stated in The Money Laundering and Terrorist Financing (Prevention) Act (2017:630). Such information can be provided to Zaver through an electronic form in the Service (“Politiskt utsatt person” under “Mitt konto”) or by contacting Zaver. If you are a PEP or RCA, or if Zaver has indications that you have such status, we may collect additional information from you. The User agrees to notify Zaver without delay if the User becomes a PEP or RCA.
Immediately report of unauthorized use
You have an obligation to immediately report to Zaver if an unauthorized person has gained access to your user account, BankID, authentication code for BankID or other information that enables or facilitates unauthorized authentication against Zaver.
Register bank account
Users can register their bank account details through the Services. Users who register a bank account in the Service may only register such an account for which the User her-/himself is the sole principal. The bank account may not be one that has been established or provided by the account-holding bank for use by a legal entity, business, association, foundation or that is otherwise used for banking transactions other than the principal’s private ones. By registering a bank account in the Service, the User certifies that the registration is in accordance with these terms. Zaver is never responsible for damage or inconvenience that arises as a result of the User submitting inaccurate, outdated or otherwise incorrect bank account information to Zaver.
In cases where a User shall receive a payment via Zaver’s Services, the User is responsible for ensuring that the bank account information the User enters or confirms is correct, complete, up to date and meets the requirements specified in the paragraph above.
Follow applicable law
The User is responsible for complying with all laws and regulations that may be applicable in connection with the use of Zaver’s Services.
4. Zaver’s right to suspend Users and retain payments
Zaver stores information about, monitors and, in some cases, reviews and investigates all interactions that take place between the User and Zaver. The above is done for the purpose of preventing fraud, other criminal activities and to prevent the Services from being used in violation of this agreement or other agreement between Zaver and the User. Monitoring and review takes place both automatically and through manual processing. As part of such measures, Zaver may request information from the User regarding her/his use of the Services. Any information related to misuse and suspected misuse may be saved and used for future risk assessment and for the protection of involved parties. More information about how Zaver processes personal data and the User’s rights can be found in Zaver’s privacy policy.
Zaver reserves the right to suspend the User from access to the Services or parts of the Services and to funds managed on behalf of the User in the event that there is a suspicion that the User has provided incorrect information, uses the Services in violation of an agreement between the User and Zaver or otherwise uses the Services in connection with criminal activity.
Zaver may also retain payments, for example when reviewing certain transactions or if Zaver has not received satisfactory information about the User. Zaver reserves the right to request additional information from the User in addition to what is stated in this agreement in order to maintain customer knowledge and fulfill its obligations to counter money laundering and terrorist financing.
5. Privacy and your personal data
Zaver needs to process your personal data to be able to offer you the Services. Please read Zaver’s privacy policy for information regarding what type of personal data Zaver collects, for what purposes, how Zaver protects your personal data and how you can exercise your rights.
If you as a User use any of Zaver’s credit services or use the function “testa ditt köputrymme” which can be found in Zaver’s app, you accept that Zaver and / or its partners may obtain credit information via UC AB and / or Bisnode Sverige AB.
If you share information about yourself with Zaver, for example via Zaver’s app, mail or through our chat function, which means that we may process information regarding political opinions or philosophical beliefs, trade union membership, data concerning health or sex life (so-called “special categories of personal data” according to Regulation (EU) 2016/679 (“GDPR”)), you consent to Zaver processing such data to perform our Services.
6. Duration and termination of this agreement
This agreement is in effect for an indefinite period of time. You may request to be deregistered as a User and to terminate this agreement. Zaver may also terminate this agreement. You may not terminate this agreement if you have an unpaid amount or are using a service that is subject to a notice period that has not expired. If the agreement is terminated, the Services, including the functions provided via our app, will no longer be available.
7. Electronic communication
By accepting this agreement, you agree that Zaver may provide you with all communications, such as payment information, invoices, terms, disclosures required by law and other information, through electronic means. Information that is provided electronically is provided via Zaver’s website, app, the messaging function via the Services, the e-mail address you have provided to us and / or sms. You are responsible for ensuring that we have your current email address and mobile number so that we can communicate with you electronically. If you need to update your primary email address you may do so in Zaver’s app or by contacting customer service.
8. Assignment or transfer
Zaver has the right to assign or transfer the rights or obligations under this agreement to a related company to Zaver and / or third parties. Users have no right to assign or transfer any rights or obligations under this agreement.
9. Payment requests and requests for payment of credit to a payee
A payment request refers to an electronic request to receive payment, which the payee through Zaver’s Services sends to a User via sms and / or email. Upon receiving such a request, the User may fulfill the payment requested. The User may also be given the opportunity to apply for a credit. The credit funds are then paid to the specified payee as per the User’s instructions. In the event that a User is granted a credit that is paid to a specific payee, but does not receive what has been agreed between the parties in question, the User accepts that Zaver will not reimburse the User. The User’s payment liability to Zaver (or cooperating third parties) will, however, remain and the credit must be repaid in accordance with the credit agreement that applies to the credit.
Zaver’s Services may also be used by legal entities that are connected to Zaver’s Services for payouts to consumers. When receiving a request to receive payment, the User is presented with the option to confirm the receiving bank account of the payment. Such a bank account shall meet the conditions set out in section 3.
10. Liability and Availability of the Services
Zaver does not guarantee that all functionalities offered via the Services always work and is not responsible for loss or damage, either directly or indirectly, which may be caused as a result of the unusability of the Service or any technical system on which they depend, due to downtime, maintenance or other communication disruptions at Zaver or third parties or due to delayed processing due to necessary controls or other technical errors. Zaver is never responsible for damage or inconvenience that arises as a result of a subcontractor’s negligence, lack of cooperation or inability.
Zaver is not liable for damage or inconvenience as a result of failure to fulfill any of its obligations to the User under this agreement, if the failure is due to an obstacle beyond Zaver’s control and it is beyond reason that Zaver could have been expected to predict, avoid or overcome the obstacle and / or its consequences. Furthermore, Zaver is not responsible for loss or damage caused by a country’s legislation or authorities decisions, subcontractors' decision or inability, acts of war, interruptions in the public communications system, strikes, blockades, boycotts, lockouts or other similar circumstances (force majeure). The reservation regarding strike, blockade, boycott and lockout applies even if Zaver itself is the subject of, or participates in, similar conflicts. If any of the above mentioned events prevents Zaver from carrying out transactions, Zaver shall carry out the transaction when the obstacle has disappeared.
Zaver has no liability to the receiving and accepting party in a payment request, for example in the event that the party in question does not receive the product or service agreed in the payment request between the party in question and the payee. Nor can Zaver guarantee, vouch for, or take responsibility for the fulfillment of the obligations that the payee has towards the accepting party in a payment request.
Zaver is not liable for damage or inconvenience that arises as a result of the User submitting incorrect, outdated or otherwise incorrect bank account information to Zaver.
What is stipulated in this section does not apply in cases where Zaver is liable for loss or damage in accordance with applicable law.
11. IP rights
All intellectual property rights such as copyrights, patents and trademarks, as well as all other rights to the content on Zaver’s website and app are owned and held by Zaver. The User’s use of any of Zaver’s Services does not imply that any intellectual property rights are transferred to the User. Logos, trademarks and other characteristics appearing on Zaver’s website or app, or otherwise used by Zaver, belong to Zaver or third parties and may not be used by the user without express consent.
12. Complaints
Your satisfaction is Zaver’s highest priority - if you are not satisfied, we are happy to help. You can file a formal complaint if you believe that we have committed an error in the handling of your case. Zaver has a complaint manager and follows the Swedish Financial Supervisory Authority’s general guidelines on complaints management concerning financial services to consumers and the Swedish Financial Supervisory Authority’s regulations regarding complaints management concerning payment service providers.
Complaints concerning the Service should be filed to Zaver immediately via the messaging system that is available when you log in to our app. You can also contact us via email at info@zaver.se or by phone at +46 (0)8 551 062 60. In the event of a dispute with Zaver, a User who is a consumer has the opportunity to contact the National Board For Consumer Disputes, Box 174, 101 23, Stockholm (www.arn.se). You can also take your complaint to a general court. Free guidance can be provided by the municipal consumer guidance or by the Swedish Consumers’ Banking and Finance Bureau, Box 24215, 104 51, Stockholm (www.konsumenternas.se).
13. Frink AB
Frink AB (through the brand Zaver), Sveavägen 59, 113 59 Stockholm, can be reached by email at info@zaver.se or by phone at +46 (0)8 551 062 60. Frink AB is a Swedish payment institution registered with the Swedish Companies Registration Office (www.bolagsverket.se) under registration number 559059-8420. Frink AB is under the supervision of the Swedish Financial Supervisory Authority, Box 7821, 103 97 Stockholm (www.fi.se). Information about Frink AB’s license can be obtained from the Swedish Financial Supervisory Authority. Frink AB is also under the supervision of the Swedish Consumer Agency, Box 48, 651 02 Karlstad (www.konsumentverket.se).
14. Adjustment
If any provision of this agreement, or any part thereof, is found to be invalid, the remainder of this agreement shall remain valid. In such cases where the invalidity affects any party’s exchange or performance under the terms, reasonable adjustment in the terms shall be made.
15. Miscellaneous
A User may not disclose their login information to anyone unauthorized and no one other than the User may use their login information. The User must immediately notify Zaver if the User suspects that an unauthorized person has gained access to the User’s BankID or associated login code. The User is responsible for all actions taken with their login information. The User is also responsible for securing and protecting their login information.
