Smartum saldo Beneficiary’s terms and conditions of use

Valid until further notice from 1 January 2021 onwards.

When a person registers as a Beneficiary through Smartum Oy’s online service, an agreement between the customer as a Beneficiary and Smartum Oy as the service provider is formed. These terms and conditions of use shall apply to Smartum saldo and its use. The terms are deemed to be accepted when registering as a Smartum saldo Beneficiary 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:

  1. A Beneficiary is a person who has or for whom the Benefactor has established a personal Smartum account in the Smartum online services, to which the Benefactor can add Smartum saldo balance.
  2. A Benefactor is an organisation/employer that offers Smartum saldo balance to the Beneficiary.
  3. A Service Provider is a third party whose points of sale and online services allow the use of Smartum saldo.
  4. Smartum saldo is a benefit balance offered by the Benefactor, in cluding any possible excess.
  5. A Smartum Account is the account to which the Benefactor adds Smartum saldo balance for the Beneficiary to use.
  6. Smartum Online Service refers to the Internet and Extranet pages of Smartum Oy, public or subject to logging in, which contain instructions and functions for using Smartum payment instruments (www.smartum.fi).
  7. Smartum Oy will hereinafter be referred to as ‘Smartum.’

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 must open a Smartum account. The Benefactor is the holder of the account. The Beneficiary will receive his/her own login details used for logging in to the Smartum Online Service. The user undertakes to keep the details from the hands of third parties. The user must immediately change the login details if there is suspicion of them having ended up in the wrong hands. For security reasons, it is advised that the login details be changed regularly. Users are responsible for all activities conducted with their login details.

Using Smartum saldo

4.
The Smartum saldo account is personal and may only be used by the appropriate Beneficiary. The Smartum account may include benefits offered by more than one Benefactor. Each type of Smartum saldo benefit has its own purpose of use. Smartum saldo can be used at the points of sale and online shops of the Smartum Service Providers included in the Smartum network. Smartum reserves the right to change the network of Service Providers during the period of validity of the saldo balance. Smartum is not liable for possible errors or deficiencies in the notified service provider network.

5.
Smartum will not guarantee a successful payment through the points of sale or online shops of Service Providers.

6.
Paying with Smartum saldo

  • Smartum saldo can only be used to pay for services intended for the personal use of the Benefactor.
  • The Beneficiary must convey to the cashier that he/she is paying with a Smartum payment instrument, in which case the cashier has the opportunity to check that the services or products offered comply with the Smartum saldo restrictions of use.
  • Payment using Smartum saldo requires the Beneficiary’s Smartum account to have enough balance. The beneficiary may not cancel charges that have already been collected.
  • Smartum saldo can be used to pay for all services offered by a Service Provider that are covered by the benefit.
  • Smartum saldo is treated as an equal payment instrument, comparable to other payment instruments (for example, cash, debit cards and credit cards). A Service Provider may not charge additional fees for the use of a Smartum payment instrument.
  • A Beneficiary may use Smartum saldo for single, serial or season tickets. Serial tickets must be individually named.
  • When making an online payment, the Beneficiary is obliged to check the availability of the service.
  • When using the lunch benefit, the minimum possible amount charged from the account is the lowest value of the current lunch benefit per meal as ruled by the Finnish Tax Administration, even if the actual value of the purchase is lower.

7.
The Beneficiary must verify their identity upon request.

8.
A Service Provider is entitled to refuse a Beneficiary’s Smartum saldo as payment on appropriate grounds if it would violate this contract or the effective legislation, provisions or other regulations.

9.
Purchases made using Smartum saldo are charged directly from the user’s Smartum account. Each payment is shown in the Beneficiary’s own online service in real time.

10.
Balance added to the Smartum account cannot be exchanged for money.

Account validity

11.
The validity period of Smartum saldo is restricted. The Benefactor may change the period of validity and close the account if they so wish. Any excess charged when offering the benefit will not be returned to the Beneficiary. Misuse of Smartum saldo and restrictions on its use

12.
If a Beneficiary uses Smartum saldo in violation of these terms and conditions, Smartum is entitled to close the Beneficiary’s account. The Beneficiary is liable to reimburse Smartum for any damage caused by the use of Smartum saldo against these terms and conditions.

Beneficiary’s liability

13.
A Beneficiary must immediately inform Smartum of any changes of contact information or update the changed contact information by logging into the Smartum Online Service.

14.
The Beneficiary is responsible for ensuring that the payment is made to the correct Service Provider and that the sum is correct. Smartum will not rectify or reimburse erroneous payments.

15.
In the event that the Service Provider or Beneficiary cancels a course or service after payment, Smartum will not be liable to provide a refund.

Smartum’s liability and limitations thereof

16.
Charges and reimbursements related to using Smartum saldo are to be entered correctly into the Beneficiary’s Smartum account.

17.
Smartum does not guarantee the functionality of the service at all times of the day, and reserves the right to perform reasonable maintenance and other outages.

18.
Smartum is not liable for any direct or indirect damages caused to the Beneficiary or a third party.

19.
Smartum is not a party in the contracts pertaining to the purchased products or services, nor is it liable for compliance with these contracts and related terms and conditions. The Service Provider is liable for any defects or errors in the products and services paid for with Smartum saldo.

Processing of personal data

20.
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 is entitled to use a Beneficiary’s data to send notifications related to Smartum saldo, and implement, maintain and manage the Smartum saldo service package. Smartum is also entitled to use the Beneficiary’s data for service marketing purposes, unless the Beneficiary has expressly prohibited this. Smartum may not disclose personal data to third parties for marketing purposes. More information on the personal data processing is available on the Smartum website.

Force majeure

21.
Smartum is not liable for any damages resulting from force majeure events, corresponding causes or measures taken by authorities. A force majeure or any corresponding circumstance shall entitle Smartum to cancel its operations related to Smartum saldo until further notice.

Contract validity and amendments

22.
The contract is valid until further notice.

23.
The Beneficiary may cancel the contract by notifying Smartum of the matter in writing. When the contract ends, any assets in the account will be transferred to the Benefactor.

24.
Smartum has the right to rescind this contract in cases of misuse.

25.
Smartum is entitled to change the contractual terms and appendices by providing notification of the matter at least three (3) months in advance through the Smartum Online Service or by email.

26.
The Beneficiary has the right to terminate the contract due to changes in its terms and conditions.

Transfer of the contract

27.
Smartum has the right to transfer this contract to a third party with all related rights and obligations.

Applicable law and dispute resolution

28.
This contract shall be governed by Finnish law. In the event that the parties are unable to reach a resolution through negotiations, any disputes shall be resolved in the District Court of Helsinki.