Legal

Terms and Conditions

iZettle AB, a company with registration number 556806-0734, ("iZettle") and with registered offices at Kungsgatan 9, 111 43 Stockholm, Sweden, provides a service enabling the acceptance of debit and credit card payments by mobile phone and tablet (the "Service"). The following are terms and conditions for the provision of the Service (the "Terms"). By registering an account with iZettle (the "Account") and by accepting the Terms, the user of the payment service (the "User") and iZettle - subject to iZettle’s approval as described in detail in paragraph 3.5 below – shall have entered into an agreement (the "Agreement") entitling the User to use the Service.

iZettle is duly licensed to issue electronic money and provide payment services under the Swedish Electronic Money Act (2011:755) and the Swedish Payment Services Act (2010:751) and is registered with, and supervised by, the Swedish Financial Supervisory Authority. The Service is governed by applicable law and the regulatory systems that iZettle’s designated bank and card networks, including MasterCard and VISA, (the "Networks") shall also apply from time to time. iZettle furthermore complies with applicable law as regards the marketing of the Service.

By making a declaration on a specific location in the registration, the User acknowledges that the User has read and agreed to the Terms and accepts that the User’s rights and obligations with respect to the Service are governed by these Terms and consequently commits to adhere to them. Where applicable, the User also acknowledges responsibility for ensuring that any employee of the User or other person using the Service on behalf of the User, have read, consent to and will adhere to these Terms. The User is however fully responsible for all use of the Service related to the Account, regardless of who actually uses the Service. Applicable laws require that some of the information or communications iZettle sends to the User should be in writing. When using the Service, the User accepts that communication required to be sent from iZettle under applicable law and other information concerning the User’s legal rights and obligations may be sent electronically and that the User’s electronic signature of agreements and other documents will have the same binding effect as if the signature was made in writing.

THE SERVICE

1. General

1.1 Subject to paragraph 15.1 the Service enables the User to accept payments made with debit and credit cards ("Cards") by mobile phone and tablet. In accordance with the Terms, iZettle will register the amounts received by iZettle under the payment transactions carried out through the Service on the User’s Account (after deduction of the fees referred to in paragraph 9 below) and pay such amounts to the bank account designated by the User in accordance with paragraph 22 below. The Account shall be registered on a central server at iZettle’s location in Sweden. An amount equal to the balance on the Account shall, on behalf of the User, be kept separated from iZettle’s funds (but together with the amounts held on behalf of other Users) in a designated client account in a bank in accordance with Regulation 19 (4) to (8) of the Payment Services Regulations 2009 (SI 2009/209) (the "Regulations")or the Swedish Funds Accounting Act (1944:181), as applicable.

1.2 The User gains access to the Service and the Account through the iZettle mobile software application (the "Application") and through the website www.izettle.com/gb (the "Website"). The Service can be used either through a debit and credit card reader provided by iZettle or by manual input into the Application of the account or credit card information of the paying customer.

1.3 iZettle may at any time revise or modify the Service. iZettle shall always attempt to notify the User of any changes with reasonable notice on the Website and by email to the email address specified by the User or through the Application. However iZettle reserves the right to implement such changes with immediate effect to maintain the security of their systems or to comply with relevant laws, regulations or rules issued by iZettle’s designated bank or the Networks.

2. Conditions for and limitations to using the Service

2.1 By accepting the Terms the User acknowledges that: (i) the User - if the User is a natural person -, and any person using the Service on behalf of the User, is at least 18 years old, the User is domiciled in the UK and (ii) the payments which are carried out through the Service are in accordance with applicable laws and regulations.

2.2 The User shall not use the Service to receive payment for goods and services that (i) contain tobacco and are acquired through the Internet, (ii) relate to pornography, including sex clubs, escort services, prostitution, magazines, videos or images with pornographic content and sex toys in cases where such products are the only products marketed, (iii) relate to time-sharing, (iv) are prescription drugs (unless the seller has all applicable authorisations for the supply of such drugs and such supply is made in accordance with applicable laws and regulations) or narcotics, (v) relate to dating (including sex dating), (vi) are weapons, (vii) relate to gambling, betting, lotteries, bingo and other casino services (this does not apply to such gaming and lottery operations conducted in accordance with all applicable laws and authorised by all applicable regulatory authorities), (viii) relate to so-called “anonymity services”, (ix) relate to vouchers with a longer duration than 36 months, (x) relate to virtual currency, (xi) relates to erotic dance or comparable services, (xii) constitute financial services, or (xiii) are prohibited by law or, at iZettle’s sole discretion, are otherwise doubtful from a risk, complaint or reputational perspective. iZettle’s shall at its sole discretion decide whether the User’s use of the Service shall be deemed attributable to any of the above products or services and therefore not in accordance with the Terms.

2.3 The User shall not (i) apply a price threshold for accepting a Card, (ii) apply a higher price or additional fees for the use of a Card in connection with a payment transaction, (iii) make cash deductions during the payment transaction, (iv) carry out payment transactions in territories other than the United Kingdom and in currencies other than GBP, (v) discriminate between Cards for any reason, (vi) present for processing or credit, directly or indirectly, any payment transaction not originating from a payment transaction directly between the User and a cardholder or any payment transaction that the User knows or should have known to be fraudulent or not authorised by a cardholder, (vii) present for processing any payment transaction representing the refinancing of an existing obligation of a cardholder, (viii) require any cardholder to waive their right to dispute a payment transaction, (ix) require any cardholder to disclose his/her PIN at any point during a payment transaction, (x) where a cardholder uses a chip and PIN Card, print data referencing any cardholder's PIN on any receipt, or (xi) process one purchase of goods and/or services as several payment transactions.

2.4 The User may not use the Service to carry out payment transactions with Cards belonging to the User or registered in the User’s name.

2.5 For the purpose of providing the Service, iZettle has entered into certain arrangements with its acquirer and the Networks. The acquirer and the Networks impose certain limits with respect to the User’s annual card transaction volume on MasterCard and VISA branded Cards, respectively, through the use of the Service. The limit imposed by each of MasterCard and VISA is USD 100,000. If the User’s annual card transaction volume on either MasterCard or VISA branded Cards through the use of the Service exceeds this amount, or the equivalent in GBP, iZettle will notify the User and give the User the option to enter into an extended agreement (a “Premium iZettle Merchant Agreement”) that includes iZettle’s acquirer as a party in order to continue using the Service. If the User cannot be accepted under a Premium iZettle Merchant Agreement, iZettle will not be able to accept further transactions in excess of the aforementioned limits. In such case, iZettle may also be required to cease providing the Service and terminate this Agreement in accordance with paragraph 26.3 below. The User shall immediately inform iZettle in case it expects the annual card transaction volume to exceed the abovementioned limits.

2.6 If the User is entering into this Agreement as an individual and, in iZettle's reasonable opinion, the annual turnover related to the User’s Account, the number of payments accepted by the User or the User’s use of the Service otherwise suggests that the operations of the User constitute business activity, iZettle shall notify the User that iZettle may cease to provide the Services and give the User the option to enter into this Agreement through a company instead. Should the User not accept to enter into this Agreement through a company in such event, iZettle may terminate the Agreement in accordance with paragraph 26.3.

2.7 The User shall not refer to iZettle, iZettle’s designated bank or the Networks as having endorsed for the User’s goods/and or services.

3. The Account and connection to the Service

3.1 In order to use the Service, the User must create an Account. The User is obliged to provide accurate and complete information when registering the Account. If such information changes, the User agrees to promptly notify iZettle of such changes by updating its Account. If the User does not provide iZettle with correct, complete and updated information, iZettle may not be able to provide the Service or otherwise fulfil the Agreement. The User acknowledges that iZettle may also block the User’s Account, refuse access to the Service and/or terminate the Agreement according to paragraph 26.3, if correct, complete and updated information has not been provided by the User.

3.2 In order to verify that the User is the holder of the bank account referred to in paragraph 7.1, iZettle has the right to direct necessary questions to the relevant bank in relation thereto. The User acknowledges and agrees that iZettle has such right and agrees to take all reasonable measures to assist iZettle in any such matter.

3.3 If the actions referred to in paragraph 3.2 reveal, or if it otherwise becomes known to iZettle, that the information concerning the bank account referred to in paragraph 7.1 in any aspect is incorrect or incomplete, iZettle reserves the right not to pay any monies to such bank account until the information has been corrected and completed by the User and thereafter verified by iZettle (in accordance with paragraph 3.2). For the avoidance of doubt, regardless of whether such verification has been conducted or not, iZettle assumes no responsibility for any monies which, due to incorrect or incomplete information provided by the User, has been paid to a bank account which does not belong to the User.

3.4 When the User has registered for the Service and approved the Terms, iZettle may perform a credit check on the User and require the User to supply such documentation and other evidence as is reasonably requested by iZettle in order for iZettle to be able to carry out, and be satisfied that it has complied with, all necessary checks in accordance with the EU Money Laundering Directive 2005/60/EC as implemented by the Swedish 2009:62 Money Laundering and Terrorist Financing (Prevention) Act and otherwise in order for iZettle and/or iZettle’s designated bank to comply with applicable laws. The User agrees that iZettle may obtain credit information and agrees to assist in that regard to the extent necessary in order for iZettle to perform such credit check. Please see clause 27 for further information.

3.5 iZettle shall determine in its sole discretion whether the User should be given access to the Service. iZettle shall only be bound by the Terms after it has decided to give the User access to the Service.

3.6 The technical requirements for the User's mobile phone or tablet, as dictated by iZettle, are stated on the Website www.izettle.com/gb. It is not allowed to use the Service together with a mobile phone or tablet whose technological measures have been circumvented, e.g. by so-called jailbreak.

3.7 The User’s ability to access the Service by mobile phone or tablet is dependent on services received by the User from a third party. Such third parties may charge the User for access to the Service (e.g. for access to, and transfer of data on, the Internet). The User shall be solely responsible for payment of such fees. The User's use of the Service may also be subject to the terms of the User’s agreement with its supplier of mobile telephone services.

3.8 If the User is contracting as a consumer, it may cancel this Agreement in writing at any time within fourteen days, beginning on the day after the Agreement has been entered into according to these Terms. If the User validly cancels this Agreement as above, iZettle will process any refund due to the User within 30 days of the day on which the User gave iZettle notice of cancellation. In this case, iZettle will refund any amount paid in relation to the Services in full. iZettle will usually refund any money received from the User using the same method originally used by the User to pay for the Service. iZettle will, however, not be obliged to refund to the User any fee paid for any transactions effected using the Service before cancellation.

4. Password requirements and protection of login data etc.

4.1 The User shall follow iZettle’s procedures and safety instructions, as may be amended or updated from time to time, with regard to the User’s password and other login information, which can be found on the Website.

4.2 It is the User’s responsibility to ensure that the User’s account number, password and other login information for the Service ("Account Information"), are kept secure and that such information shall not be disclosed to others. The User agrees to keep Account Information secure so that the Service remains inaccessible to unauthorised persons. The Account Information is personal and must not be transferred or used by anyone other than the User.

4.3 iZettle assumes that the User is the sender of payment orders and other instructions when sent using the User’s login information and password. The User must therefore immediately either inform iZettle promptly through the Website www.izettle.com/gb or change the login information, if there is reason to believe that an unauthorised person has had access to, or knowledge of such information.

5. The User’s obligations regarding the use of the Service

5.1 In addition to the provisions stated in paragraph 3.1 above, the User shall – provided that the User does not use the Service as a consumer – inform iZettle of the addresses of all their offices and places of business, all trade names used, and a complete description of the products and services provided by the User. If such information changes, the User agrees to promptly notify iZettle of such changes by updating the User’s Account. If any information is inaccurate or incomplete, iZettle has the right to terminate the Account and cancel the User’s access to the Service.

5.2 The User shall at all times comply with applicable law and shall, upon iZettle’s request, provide such reasonable assistance which is necessary in order for iZettle to comply with applicable law, rules issued by iZettle’s designated bank or the Networks and other obligations imposed on iZettle. The User further agrees to abide by any guidelines related to the Service provided by iZettle from time to time.

5.3 The User shall indemnify iZettle from any and all claims raised by a third party against iZettle resulting from the User’s use of the Service in breach of the Terms, applicable laws or regulations, or the rules issued or otherwise applied by iZettle’s designated bank or the Networks.

5.4 The User shall immediately notify iZettle of any insolvency proceeding, receivership, bankruptcy, examination or similar action or proceeding initiated against the User or any owner of the User. The User shall also immediately notify iZettle if the User becomes aware of any violation of law related to this Agreement or the Service.

5.5 The User warrants that all payment transactions are bona fide.

6. Licence

6.1 iZettle grants to the User a non-exclusive, non-transferable licence to use the Application and the right to use any other of iZettle’s software and Internet-based services required to use the Service. iZettle grants the User the right to download and install updates to the Service as made available to the User by iZettle from time to time.

6.2 The User shall not (i) assign, sub-licence, copy, publish or distribute the Service, (ii) allow third parties to use the Service, (iii) assign the rights that the User has acquired under the Terms, or (iv) circumvent any of the technical limitations of the Service, or decompile or otherwise reconstruct the Service save only to the extent and circumstances permitted by mandatory law.

7. Account

7.1 Funds credited to the User shall be paid out to a bank account designated by the User in accordance with paragraph 22 below.

7.2 Funds that iZettle has received on behalf of the User in respect of the moneys credited to the User’s Account may be mixed together with the funds so held for other users and may be held in one or more client accounts in a bank or banks selected for this purpose by iZettle in accordance with the Swedish Funds Accounting Act (1944:181) or Regulations (as applicable) (the “Client Accounts”). iZettle has the sole authority over the establishment and maintenance of all Client Accounts.

8. Dormant accounts

8.1 If there has been no activity on a User’s Account for at least two consecutive years and a balance is held on the Client Accounts for the User, iZettle will notify the User of this by email to the email address registered by the User and/or through the Application and give the User an opportunity to keep the Account active or to close it and request the withdrawal of any outstanding balance that is held on the Client Accounts. If the User’s response is not received by iZettle within thirty days from the date of dispatch, iZettle will automatically close the Account and the User’s funds will be subject to the applicable law and to the extent so permitted shall accrue to iZettle.

9. Payment terms

9.1 Use of the Service is subject to certain fees as listed on the Website www.izettle.com/gb, as updated on the Website, by email and/or post from time to time. The Services are as payment services exempt from VAT. iZettle has the right to amend fees in accordance with paragraph 30 below.

9.2 iZettle is entitled to set off the outstanding balance on the User’s Account against any claims that iZettle may have against the User subject to this Agreement.

9.3 All fees shall be charged to the User in conjunction with the transfer of the amount from iZettle’s Client Accounts to the User’s bank account, in accordance with paragraph 22 below.

10. Exchange rates

10.1 From time to time applicable exchange rates for payments made in currencies other than GBP shall be listed on the Website. The User shall, before each payment transaction is completed inform the customer that a currency conversion will occur and of the applicable exchange rate.

11. Provision of the Service

11.1 iZettle shall use its reasonable endeavours to provide the Service 24 hours a day, seven days a week. iZettle does not however warrant that the Service shall be free from errors or interruptions during this time.

11.2 From time to time iZettle will perform maintenance and upgrades of the Service, which may result in interruptions, delays or errors in the Service. iZettle shall try to communicate any planned maintenance in advance, but cannot guarantee that such notification will always be provided. In addition, the Service may contain errors or "bugs" that may lead to interruptions and errors. The User understands this and accepts that iZettle may contact the User in order to help the User with the Service and also to request information needed to identify and remedy such errors.

11.3 The User’s access to the Service is dependent on third-party services (such as mobile telephony services). The User accepts that iZettle shall have no responsibility for the performance of such third-party services.

12. Complaints and the obligation to notify unauthorised transactions

12.1 If the User (i) wishes to identify errors in the Service for the basis of a complaint or (ii) considers that a mistake has been made or that there has been an unauthorised transaction related to the User’s Account, the User must notify iZettle of such complaint or transaction without delay after the User has discovered, or should have discovered the error or transaction, by contacting iZettle through the Website www.izettle.com/gb.

13. iZettle’s liability for the Service

13.1 iZettle is liable, subject to the limitations set out in paragraph 14 below, to ensure that the payment transactions carried out through the Service are executed properly, that payment orders initiated using the Service are properly transferred to the cardholder’s payment services provider and that funds credited to the User are paid to the User as further described in paragraph 22, unless otherwise as set out in this Agreement. If a payment transaction is not executed properly or executed at all, iZettle shall, upon request from the User, use reasonable endeavours to trace the payment transaction and notify the User of the result.

13.2 iZettle is furthermore liable for fees and/or interest which the User, if the user is a consumer, must pay due to a payment transaction not having been executed properly or executed at all, provided that such event is a result of iZettle’s fault. If the User is not a consumer, iZettle shall have no such liability.

13.3 iZettle shall not be liable for (i) any other deficiencies or errors in or under the performance of the Service (including those set out in paragraph 11.1), (ii) ensuring that the Service is available at all times to carry out payment transactions, or (iii) unauthorised access to or use of Account Information stored on iZettle’s servers, unless otherwise provided as a matter of mandatory law.

13.4 In the event iZettle becomes aware that an unauthorised person has, or has had, access to Account Information stored on iZettle's servers, iZettle shall inform the affected Users of this and, to the extent possible, provide details of what information has been disclosed.

14. Disclaimer

14.1 Subject always to paragraph 14.2, iZettle is not, under any circumstances, liable for indirect damages, loss of profit, loss of data or any other losses resulting from the use or non-use of the Service.14.2 Notwithstanding paragraph 14.1, iZettle shall be liable for death or personal injury caused by iZettle, damages incurred by the User due to iZettle’s intent or gross negligence, fraud or fraudulent misrepresentation, losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability or any other matter for which it would be illegal or unlawful for iZettle to exclude or attempt to exclude liability.

14.2 Still subject to the above, iZettle shall only be liable for damages due to iZettle’s own fault and assumes no liability for any acts or omissions by any third parties. Furthermore, iZettle shall in no event be liable for any damages or loss incurred by the User as a result of iZettle’s obligation to comply with applicable law, any act or omission of any governmental authority, act of war, accident, natural disaster, strike, blockade, or other similar event, regardless of if iZettle is an instigator or subject of such event.

PAYMENT TRANSACTIONS

15. Accepted credit cards etc.

15.1 As part of the Service, payment transactions can only be carried out with the Cards specified on the Website www.izettle.com/gb. The range of Cards that are accepted can be changed at any time and without prior notice. The User shall accept all Cards specified on the Website for any of the full range of goods and/or services that it supplies.

15.2 If any Card is not equipped with an EMV chip (so-called EMV chip technology), the User may, depending on the functionality of the device used by the User for the Service, have to enter the required information relating to the Card manually.

16. Verifications in connection with a payment transaction

16.1 The User shall, in connection with the payment, perform the following verifications:

The Card

The User shall, by visual inspection ensure that (i) the Card has not expired, (ii) the account number embossed on the Card matches the account number appearing on the Card’s reverse side, (iii) the Card bears the signature of the cardholder and that such signature matches any signature made by the cardholder on the screen of the device used for the Service, (iv) the Card does not bear traces of modifications or otherwise look tampered with, (v) the Card information such as gender of the cardholder name is consistent with the User’s observation, and that (vi), when identification card/document is presented, the name embossed on the Card is the same as on the cardholders identification card/document. In cases of doubt in the above regard, the Card shall not be accepted as means of payment.

Identification

If the amount of the purchase exceeds a given amount decided by iZettle from time to time, which in such case will be communicated through the Application or otherwise, the cardholder shall be required to produce an acceptable form of identification. If the cardholder does not have such form of identification or cannot prove that he/she is the cardholder, the Card shall not be accepted as means of payment.

Signature

The User shall compare the cardholder’s signature on the signature receipt with the signature on the Card and, where appropriate, on the form of identification produced by the cardholder. In cases of doubt in this regard, the Card shall not be accepted as a means of payment.

16.2 In the event a chip and PIN Card is used, the User shall not request any signature from such cardholder or require any other means of identification, unless otherwise allowed by applicable law.

17. Approval of the payment transaction

17.1 The User must ensure that the cardholder accepts the payment transaction and that the amount is deducted from the cardholder's account by signing the electronic signature receipt with his/her name at the specified place in the Application, unless the Application prompts the use of PIN.

18. Receipts

18.1 Receipts are only provided by iZettle electronically by email or SMS.

18.2 The User shall upon request from a cardholder provide such cardholder with a written receipt concerning a performed payment transaction.

19. Withdrawal of payment order

19.1 The payment order may not be withdrawn after the end of the day on which the cardholder has transmitted the payment order or has given his/her consent to execute the payment transaction.

20. Confirmations of transactions

20.1 When a payment is made to the User’s Account, iZettle will update the User’s account history on the Website and in the Application and send the User an e-mail confirming that the payment transaction has taken place and setting out the details of the transaction. Upon termination of the Agreement, iZettle has, except as provided by law, no obligation to store or provide documentation or other information in connection with any transaction carried out through the Service.

21. Reimbursement to cardholders

21.1 The User shall (i) maintain fair rules for the return and cancellation of products or services and regulation of Card payments, (ii) hand out the User’s rules on returns and cancellations to the customers at the time of purchase, (iii) not reimburse a customer with cash and (iv) not accept cash incentives or other consideration to facilitate a reimbursement.

21.2 Reimbursements must be attributable to a previously completed transaction and shall be carried out using the same Card used to carry out the payment transaction. The amount of any reimbursement may not exceed the amount of the related payment transaction.

21.3 If the User agrees to replace a product and the replacement gives rise to a difference in purchase price, the User must reimburse the total amount for the returned products and register a new purchase for the new products.

22. Payments to the User’s bank account

22.1 Funds credited to the User for a payment transaction will not be paid to the User’s bank account until the transaction is deemed completed. A payment transaction will, for the purpose hereof, be deemed completed when iZettle has received the funds on the Client Accounts. Once iZettle has verified the User’s bank account, iZettle will automatically initiate a payment to the User’s bank account on the business day immediately following the business day on which iZettle has received the funds on the Client Accounts, unless otherwise as set out in this Agreement. Depending on the type of card reader used, whether the Card information has been retrieved through the use of a card reader or entered manually and whether the User's customer has approved the payment transaction by signature or pin, payments to the User’s bank account will vary according to the timeframes and limits communicated to the User from time to time. Information regarding the applicable timeframes and limits can be found through the Application or on the Website www.izettle.com/gb. Through the Application, the User will be informed of initiated payments to the User’s bank account.

22.2 iZettle reserves the right to withhold funds received and credited to the User to the extent necessary for iZettle to complete any on-going investigation or to resolve an on-going dispute or if required by law or by court order or otherwise requested by an applicable law enforcement authority or other governmental entity.

23. Chargebacks and disputed transactions

23.1 Any amount attributable to a transaction can be debited from the funds held in the Client Account for the User, or, if such amount has already been paid to the User, then reclaimed from the User (either such action constituting a “Chargeback”) if the transaction (i) is disputed in any way (including in relation to the non-supply of the goods or services supplied or their failure to meet required standards), (ii) for any reason is reversed by the relevant Network, designated bank, the cardholder or the card issuer, (iii) is not authorised or iZettle have reason to believe that the transaction is not authorised, or (iv) is alleged to be illegal, questionable or in violation of the Terms or rules from the designated bank or the Networks. The User shall not resubmit or reprocess any payment transaction that has been the subject of a Chargeback.

23.2 For each transaction which iZettle considers may result in a Chargeback, iZettle has the right to withhold an amount due to the User equal to the likely amount of the Chargeback in the Client Accounts pending determination of whether a Chargeback is appropriate. In relation to any Chargeback, iZettle may also debit the funds held in the Client Account for the User or claim from the User, an amount equal to any fees or fines charged by any Network which are related to the Chargeback or Chargebacks related to the User generally.

23.3 If there are insufficient funds held for the User in the Client Accounts to cover any Chargeback, the User shall immediately reimburse iZettle for the amount of the Chargeback (including iZettle’s expenses associated with the Chargeback).

23.4 If iZettle consider that Chargebacks related to the User’s Account are too frequent, iZettle reserves the right to conduct inspections or impose conditions to govern the Account and the Service, including establishing new fees for the processing of transactions, asking for a reasonable reserve amount to cover future potential Chargebacks and related fees or fines, limiting the right of the User to claim monies held for it from the Client Accounts and terminating the Agreement and terminating the Service.

23.5 The User agrees, at iZettle’s request, to provide reasonable assistance in relation to any disputed payment transactions, including the verification of any transactions carried out through the Service. iZettle may also request necessary information from the User in order to dispute the Chargebacks.

23.6 The User hereby indemnifies iZettle for any and all costs, losses and liability which it may incur as a result of any claims made against it arising from provision of the Service, including, but not limited to, any claims relating to defects in the products or services purchased with Cards processed by iZettle.

MISCELLANEOUS PROVISIONS

24. Privacy and storage of data

24.1 The User shall protect and, save where required by law, not disclose, register or otherwise process any Card information or other information related to a cardholder which the User may receive while carrying out the payment transactions, unless otherwise follows from this Agreement. If the User becomes aware or suspects any unauthorised access of disclosure of such information, the User shall immediately inform iZettle and provide iZettle such documentation and assistance reasonably required by iZettle and otherwise act in accordance with iZettle’s reasonable instructions. The User shall handle Card information in accordance with the standards and guidelines that are issued by PCI-DSS from time to time and which can be found at www.pcisecuritystandards.org.

24.2 The information referred to in paragraph 24.1 above shall for the duration of this Agreement and thereafter, be used by the User only for the use of the Service and in accordance with this Agreement and applicable law, including but not limited to data protection law.

24.3 Further to paragraph 27 below, the User acknowledges and agrees that iZettle may disclose any information provided to iZettle or its designated bank to the Networks, for the purpose of determining the identity of an individual, including cardholders, in accordance with the rules issued by the Networks and as permitted by applicable law.

25. Feedback on the Service

25.1 The User can submit feedback or ideas about the Service by sending an email to the email address hello@izettle.com or directly to iZettle’s officer in charge through the email address thisisnotok@izettle.com. iZettle is not required to implement such feedback and ideas. The User has no right to compensation for the feedback and ideas presented, but iZettle may freely use them and assimilate all rights pertaining to these.

26. Term and termination

26.1 The Agreement is in force until further notice. The User may at any time terminate the Agreement and terminate the User’s Account with immediate effect by informing iZettle through the Website www.izettle.com/gb. iZettle has the right to terminate the Agreement subject to a notice period of two months, subject to paragraph 26.3.

26.2 If iZettle’s agreement with its designated bank expires or terminates for any reason, or iZettle is de-registered by the Networks, then this Agreement shall expire immediately.

26.3 iZettle have the right to block the User’s Account, refuse the User access to the Service and/or terminate the Agreement immediately if (i) it comes to iZettle’s attention or iZettle otherwise has reasonable grounds to believe, that the User uses or will use the Service in violation of the Terms or any applicable law or regulation or the rules of iZettle’s designated bank or the Networks, (ii) information relating to technical or administrative routines for data security has been revealed so that there are reasonable grounds to believe that the User’s Account will be abused, (iii) there are other reasonable grounds to believe that the User’s Account has been abused or will be abused, (iv) the User withdraws its consent to the processing of Personal Data as described in paragraph 27.9, (v) if a personal guarantee is not issued upon iZettle’s request and in accordance with paragraph 33.1, (vi) if the User’s annual card transaction volume on MasterCard and VISA branded Cards exceeds the amount set out in paragraph 2.5 and/or the User cannot be accepted under a Premium iZettle Merchant Agreement, (vii) if the User does not comply with iZettle’s request in accordance with paragraph 2.6, or (viii) if the User fails to provide correct, complete and up-to-date information in relation to the Account.

26.4 Upon expiration of the Agreement iZettle shall, unless otherwise set out in these Terms, account for any funds kept separate on behalf of the User after the deduction of any potential fees. Upon expiration, the User shall no longer be entitled to use the Service and the licence granted shall expire.

26.5 The provisions of paragraphs 13, 14 and 23 above shall continue to apply after the expiration of the Agreement.

27. Processing of personal data and credit evaluations

27.1 iZettle provides a financial service to make its customers’ payments easier and safer. To do this, iZettle processes personal data about the User and their use of the Service ("Personal Data"). iZettle is the personal data controller of the processing of Personal Data and the processing is conducted in accordance with applicable data protection law, in particular the Swedish Personal Data Act (1998:204) and chapter 6 of the Swedish Payment Services Act (2010:751).

27.2 The purpose of the processing of Personal Data is to verify submitted information during decision-making, to provide the Service and to administer and fulfil the Agreement, for risk management and credit assessment purposes, to prevent credit card fraud, to manage and validate claims, for marketing purposes (e.g. to distribute newsletters, promotions and advertising to the User's email address and/or the User's mobile phone, tablet by SMS, MMS or other similar communication systems, customize the content of advertisements and promotions that iZettle offer the User, to improve the Service or to contact the User regarding the use of the Service), for method, business, and product development purposes (e.g. to study how the Service is used) and to fulfil obligations under law and the rules issued by iZettle’s designated bank or the Networks.

27.3 iZettle processes the following categories of Personal Data:

(i) Basic data, such as name, address, email address and telephone number.

(ii) Other data submitted by the User, such as login information, personal identity number or company registration no., bank account numbers, other bank information, and all other data submitted to iZettle websites and/or Application and/or by other means submitted to or communicated with iZettle, its affiliates, subsidiaries or third party representatives/business partners in connection with the registration process including the acceptance of these Terms, the provision of the Service or otherwise in connection with the Agreement.

(iii) Following registration and acceptance of these Terms by the User, iZettle shall verify the User’s identity and obtain a credit report on the User by searching the User’s record at various credit reporting agencies. iZettle will thus process address information and credit information (e.g. data of any credit history, census data, risk group classification data, risk forecast data, data on credit limits and such similar data) collected from such agencies. The agencies will add to the User’s record, details of iZettle’s search and this will be retained by the agencies and seen by other organisations that make searches. These records will be used by them and by iZettle to help make decisions about credit and credit related searches and to trace debtors, recover debt, prevent money laundering and fraud and to manage the User’s accounts. iZettle will use a credit scoring or other automated decision making system when assessing the User’s access to the Service. It is important the User gives iZettle accurate information. iZettle will check the User’s details with fraud prevention agencies and if false or inaccurate information is provided and fraud identified, details will be passed to fraud prevention agencies. This information may be used and accessed by law enforcement agencies. iZettle and other organisations may also use and access this information to prevent fraud and money laundering, for example when (i) checking details on applications for credit and credit related or other facilities (ii) managing credit and credit related activities (iii) recovering debt (iv) checking details on proposals and claims for all types of insurance and (v) checking details of job applicants and employees. iZettle and other organisations may access and use from other countries the information recorded by fraud prevention agencies. Please contact iZettle at security@izettle.com if the User wants to have details of those credit reference agencies and fraud prevention agencies from whom iZettle obtains and to whom iZettle passes information about.

(iv) Data collected from social networks that the User has granted iZettle permission to retrieve data from, such as Facebook. Data that may be retrieved from social networks is data from the User's public profile or other publicly available data, data regarding the User’s number of contacts or friends, and any profile picture on the social network representing the User.

(v) Data relating to payment transactions carried out through the Service, such as amounts, description of the transactions, number of items, unit price for the commodity, any discounts, GPS position at the time of the transaction, details of the hardware used on the transaction date and other technical data associated with the transaction. Examples of technical data being processed is the device model, operating system version, IP address or other unique identifier of a computer, mobile phone, tablet or other device used to use the Service. When logging on to the Website or the Application, data are also processed regarding the User's navigation on the Website or the Application, data regarding browsers and operating systems, and data regarding time spent and activities performed on the Website or the Application. In cases where the User contacts iZettle, by mail, email, telephone or otherwise, iZettle will also process data related to the content and purpose of the contact with iZettle.

27.4 Personal Data may be disclosed to iZettle’s suppliers, affiliates and subsidiaries, iZettle’s designated bank, the Networks, to the authorities (such as the Swedish Financial Supervisory Authority) and to other banks and financial institutions and to other third parties for purposes described in these Terms, which shall also include, but not be limited to, such parties’ marketing of products and services. Personal Data may also be disclosed to the User's contacts ("friends") on social networks that are also customers of iZettle. Such disclosures will only relate to personal data of the basic data category pursuant to paragraph 27.3 (i).

27.5 Personal Data submitted to iZettle may be transferred to the recipients identified above in countries outside the European Union and the European Economic Area (even to the United States of America and countries that have limited or no data protection). By accepting the Terms, the User explicitly agrees that Personal Data can be transferred to such a country in accordance with the Terms.

27.6 iZettle stores Personal Data for no longer than is necessary having regard to the purposes of the processing described in these Terms or for the period of time prescribed by mandatory law.

27.7 The User has the right to, once per calendar year, request and, free of charge, receive a report regarding the Personal Data processed by iZettle, where the data has been collected, why the data is processed, and to which recipients or categories of recipients the data is provided. A request for such report must be in writing and signed by the User. Applications shall be sent to iZettle by regular mail to the address specified in the introductory part of these Terms. If the User finds that any Personal Data being processed is incorrect, the User may contact iZettle for rectification.

27.8 In order to protect the User’s account information from accidental loss and unauthorised access, iZettle has implemented and shall follow the globally recognised account data protection security standards PCI-DSS (www.pcisecuritystandards.org), which includes requirements on governance, policies, procedures, network architecture, software and other critical measures. iZettle however cannot guarantee that unauthorised third parties never will be able to circumvent these security measures, or use the User account information for improper purposes. The User acknowledges that the User provides the information at the User’s own risk.

27.9 By accepting these Terms, the User consents that iZettle processes Personal Data in accordance with the Terms. The User further acknowledges and consents to that Personal Data may be used by iZettle or its designated bank to report information, and fulfill their other obligations in relation thereto, to the VMAS and MATCH listings pursuant to the rules issued by the Networks. The User may at any time contact iZettle with any queries regarding the processing, to rectify any incorrect Personal Data or to withdraw its consent to the processing of Personal Data, or parts thereof such as receiving direct marketing, by contacting iZettle by email to help.uk@izettle.com or by regular mail to the address specified in the introductory part of these Terms. The User is aware that such withdrawal of consent may lead to that the User may not be able to use the Services, or parts thereof, and may lead to the immediate termination of the Agreement in accordance with paragraph 26 above.

28. Notices and information

28.1 Written notices from iZettle to the User will be in English and sent by email to the email address specified by the User or through the Application. A notice that has been sent to the User in this manner shall be deemed to have been received by the User no later than the following day.

28.2 Information which iZettle is obliged to provide to the User under the Swedish Payment Services Act (2010:751) or Regulations (as applicable) is at all times available through the Website. The User has the right to receive, upon request, these Terms and any additional information required to be provided under the Swedish Payment Services Act (2010:751) or Regulations (as applicable) in a readable and sustainable form. Such request should be sent in writing to the address specified in the introductory part of these Terms.

29. Transfer

29.1 The User shall not transfer any rights or obligations in connection with the Service or the User’s Account to a third party without iZettle’s written consent. iZettle has the right to fully or partially transfer iZettle’s rights under the Agreement to another party without the consent of the User.

30. Additions and amendments

30.1 iZettle has the right, from time to time, to make additions and amendments to the Terms. Such amendments will be in English. If the User is a consumer, the User shall be informed of proposed amendments or additions and such proposed amendments or additions shall enter into force two months thereafter. If the User does not accept the amendments or additions so advised to it, the User is entitled to terminate the Terms as set out in paragraph 26. If the User has not informed iZettle that the User does not accept proposed amendments or additions before the date of their entry into force, the User is deemed to have accepted them. For the avoidance of doubt, if the User is not a consumer, amendments or additions shall enter into force immediately.

30.2 iZettle shall always have the right to immediately adopt amendments (including price changes) required by law, regulation or authority decision or by regulations and rules issued by iZettle’s designated bank or the Networks.

31. Disputes and conflicts

31.1 Where a User is entering into this agreement as a consumer, within the meaning in Article 6 of Regulation 593/2008 on the Law Applicable to Contractual Obligations (“Rome I”), this Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

31.2 With regard to Users other than those stipulated in paragraph 31.1 above, this Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Sweden. The parties irrevocably agree that the courts of Sweden shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

31.3 In the event of any inconsistency between this Agreement and the rules issued by the Networks, such rules shall prevail to the extent permitted by mandatory law.

32. Entire Agreement

32.1 This Agreement constitutes the entire agreement between the parties in relation to its subject matter. It replaces and extinguishes all prior agreements, draft agreements, arrangements, collateral warranties, collateral contracts, statements, assurances, representations and undertakings of any nature made by or on behalf of the parties, whether oral or written, in relation to that subject matter.

32.2 Each party acknowledges that in entering into this Agreement it has not relied upon any oral or written statements, collateral or other warranties, assurances, representations or undertakings which were made by or on behalf of the other party in relation to the subject-matter of this Agreement at any time before its signature (together “Pre-Contractual Statements”), other than those which are set out in this Agreement.

32.3 Each party hereby waives all rights and remedies which might otherwise be available to it in relation to such Pre-Contractual Statements.

32.4 Nothing in this paragraph shall exclude or restrict the liability of either party arising out of its pre-contract fraudulent misrepresentation or fraudulent concealment.

33. Third party websites

33.1 The Website may contain links or directions to websites which are not operated by iZettle. iZettle does not control and assumes no responsibility for any content of such websites. The User is fully responsible for its use of such websites and is therefore advised to carefully read any terms and conditions and policies concerning data protection and secrecy which may be applicable.

34. Personal guarantee

34.1 If the User is a body corporate or partnership, iZettle may, in its absolute discretion, prior to or after the decision referred to in paragraph 3.5 above, require a director, partner or other representative of the User to issue a personal guarantee in favour of iZettle for the performance of the User’s obligations under this Agreement. The terms of such personal guarantee are to be in form and substance satisfactory to iZettle and must be issued within a time period to be decided by iZettle.

35. Audit

35.1 The User acknowledge and agree that iZettle shall be entitled, prior to or after its decision referred to in paragraph 3.5, to perform, by itself or through a third party designated by iZettle, audit the User’s business (which includes on-site audits) as iZettle deems necessary in order to ensure compliance with applicable laws, rules issued by iZettle’s designated bank or the Networks and/or this Agreement.

36. Third Party Rights

36.1 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.


These Terms shall apply from 07-08-2013 until further notice.