Allgemeine Geschäftsbedingungen für Endkunden

1. General

ReceiptHero Oy has developed an open ReceiptHero ecosystem for receipts that enables the transmission of electronic receipts and thereto related services ("ReceiptHero Service"). The ReceiptHero Service is provided by ReceiptHero Oy. The ReceiptHero Service can be utilised by merchants who produce receipts ("Merchants"), application developers who process receipts and offer thereto related services ("Application Developers", in relation to their applications "Partner Applications"), business customers along with their representatives ("Business Customers"), as well as consumers who have reached the age of majority ("Consumers"). Business Customers and Consumers are hereinafter jointly and separately referred to as "End Users". These terms and conditions define the terms in accordance with which End Users may utilise the ReceiptHero Service.

2. Summary

ReceiptHero transmits electronic receipts and offers thereto related services. With the ReceiptHero Service, End Users can receive electronic receipts for their purchases with Merchants using the ReceiptHero Service. Additionally, if End Users activate the ReceiptHero Service in connection with Partner Applications, End Users can receive from Application Developers services based on the End User's electronic receipts.

End Users use the ReceiptHero Service at their own risk. The use of the ReceiptHero Service is free of charge, but the services offered by Application Developers may entail separate fees.

3. Agreement

In order to use the ReceiptHero Service, each End User is required to accept these terms and conditions. This document will form the entire agreement concerning the use of the ReceiptHero Service between ReceiptHero and the End User ("Agreement").

The Agreement is concluded when the End User has accepted these terms and conditions, or, at the latest when the End User has commenced using the ReceiptHero Service.

The Agreement between a Business Customer and ReceiptHero may also include other appendices in addition to these terms and conditions. In case of conflicts between these Terms and Conditions for End Users and any other agreement documents between ReceiptHero and the Business Customer, if any, the other agreement documents shall take precedence over Terms and Conditions for End Users.

The Business Customer is responsible for that it has obtained the necessary permissions and consents from its employees and representatives for ReceiptHero to provide the ReceiptHero Service to the Business Customer as agreed in the Agreement.

The potential agreements concluded by the End User with the Application Developers or Merchants are not a part of the Agreement.

4. Activating the ReceiptHero Service and Personal Identifiers

The ReceiptHero Service is activated through registration as an End User. The registration is available at ReceiptHero's website, at ReceiptHero's mobile application and in connection with certain Partner Applications integrated with the ReceiptHero Service.

In connection with the registration, the End User gives his/her contact details as well as his/her personal identifiers used in connection with the transactions, such as payment card information or email address. Business Customer may also arrange for the delivery of its employees' or representatives' personal identifiers to ReceiptHero through a third party, for example by requesting or authorizing the bank that has issued the Business Customer's corporate payment cards to provide the personal identifiers to ReceiptHero. The End User can use the said identifiers to activate the ReceiptHero Service in connection with new Partner Applications.

As an alternative to separately registering as an End User of the ReceiptHero Service and giving personal identifiers to ReceiptHero directly, End User may also start using the ReceiptHero Service through a Partner Application. In such case, the End User accepts these Terms and Conditions for End Users in connection with the Partner Application and agrees that the Partner Application and/or ReceiptHero arrange for the delivery of the End User's personal identifiers to ReceiptHero for the purposes of providing the ReceiptHero Service.

The End User acknowledges that the End User's payment card information may, for the purposes of the ReceiptHero Service, need to be shared with payment card schemes, payment services providers and other partners participating in the provision of or otherwise contributing to the ReceiptHero Service.

The End User is responsible for the accuracy of the personal identifiers they have provided and that the End User has obtained the necessary authorisations to utilise the provided identification information for the purposes of the ReceiptHero Service. The End User shall notify ReceiptHero without undue delay should any of the identification information change. Using a third party's identification information without authorisation is strictly prohibited and may lead to criminal liability.

ReceiptHero has the right to prevent such End User's access to the ReceiptHero Service whose personal identifiers ReceiptHero suspects are misused, or which are no longer employed by the Business Customer in question.

5. Provision, Transmission and Inspection of Electronic Receipts

The electronic receipts transmitted by ReceiptHero are available from Merchants which utilise the ReceiptHero Service. In order to receive an electronic receipt, the End User must use the payment card or other personal identifier registered with ReceiptHero in connection with the transaction. Thereafter, the electronic receipt is created, transmitted, and may be used as described in more detail in the ReceiptHero Privacy Notice.

An electronic receipt transmitted by ReceiptHero contains such basic information that is also included in a regular receipt, such as the seller's contact details, the purchased items or services and the price of the purchase including taxes, date of the issuing of the receipt and the identifier of the receipt. In addition, the electronic receipt generated by the ReceiptHero may contain advertisements, feedback functions, loyalty elements, CO2 tracking and compensating, or other interactive or value added features or services as detailed in ReceiptHero Privacy Notice.

The electronic receipts produced by ReceiptHero can be inspected at ReceiptHero's online service and mobile application as well as in certain Partner Applications. Also, if so requested by the End User, the electronic receipts are forwarded to the End User's personal communication tools (such as email address or Facebook Messenger application). The forwarding times, views, and archiving times of the electronic receipts may vary between applications. Also, since certain Merchants may have prohibited the transmission of electronic receipts to certain Partner Applications, it is possible that certain electronic receipts are not available or usable in all Partner Applications.

6. Application Developer's Services and Partner Applications

In connection with the Partner Applications, the Application Developers may offer to End Users receipt inspection and viewing services, and other services based on the electronic receipts. The services provided by Application Developers to End Users may be subject to a fee and may require a separate agreement with the Application Developer. The details of the services provided by Application Developers are defined in the agreement between the End User and the Application Developer.

7. ReceiptHero's Maintenance and Defects

ReceiptHero makes reasonable efforts to ensure that the ReceiptHero Service is available 24 hours per day every day of the year, excluding the development and service windows of which ReceiptHero endeavours to communicate well in advance.

In case of fault-related queries such as questions concerning delayed or missing electronic receipts, the End User may contact ReceiptHero directly. If the fault concerns a Partner Application or only appears in connection with a Partner Application, or relates to the services of an Application Developer, the End User must contact directly the Application Developer in question.

8. Modifications

ReceiptHero may develop and modify the ReceiptHero Service. ReceiptHero has the right to modify these terms and conditions by notifying the End User at least 90 days in advance if ReceiptHero chooses to make changes to the ReceiptHero Service, to its business model, or to the ways in which the ReceiptHero Services is provided, or changes are necessary in light of changes in legal obligations or other regulations that ReceiptHero is bound by. If the End User uses the ReceiptHero Service thereafter, such use is considered to be an acceptance by the End User of the updated terms and conditions.

9. Charges and Expenses

The ReceiptHero Service is provided free of charge to Consumers. The fees applicable to Business Customers, if any, have been specified in the Agreement. The End User is responsible for any expenses resulting from the use of ReceiptHero Service, such as expenses relating to the devices, software or network connections. The End User is also responsible for possible fees and charges relating to the services offered by Partner Applications.

10. Data Protection

ReceiptHero complies with personal data legislation in force in Finland. ReceiptHero's Privacy Notice is available on ReceiptHero's website. The End User confirms to have carefully familiarised himself/herself with the Privacy Notice. ReceiptHero may amend the Privacy Notice.

11. Data Security

ReceiptHero enforces customary data security policies, such as the encryption or hashing of transmitted data and limited backups. ReceiptHero has the right to temporarily disable access to ReceiptHero Service, if (i) the End User, or the devices or software used by the End User, potentially endanger the data security of the ReceiptHero Service or third parties, or if (ii) a serious information security threat is directed at ReceiptHero.

12. Intellectual Property Rights

ReceiptHero or its licensors own all intellectual property rights to the ReceiptHero Service (including copyright, databases, trademarks, design rights, patents, utility models, domain names and the applications for such).

End User can utilise the ReceiptHero Service only in accordance with the Agreement and for the term of the Agreement. End User acknowledges and agrees that the ReceiptHero Service and its background software contain business secrets of ReceiptHero and third parties, such as the source code of the software, specific design of the software components, constitutional formula and logics, programming techniques and related documents. Copying, dismantling, inspecting or reverse engineering of the ReceiptHero Service or its background software is prohibited.

If a third party claims that ReceiptHero infringes its intellectual property rights, ReceiptHero has the right to (i) acquire the necessary licences in order to continue the provision of the ReceiptHero Service, (ii) modify the ReceiptHero Service in order to eliminate the infringement or (iii) terminate the Agreement with immediate effect. In such situations, ReceiptHero has no other liability or obligation.

13. No Warranties, Limitations of Liability

The utilisation of the ReceiptHero Service is at the End User's own risk. To the extent permitted by mandatory law, the ReceiptHero Service is offered "as is" without any warranties regarding its availability, usability, accuracy, or applicability to certain purposes. ReceiptHero is not liable for direct or indirect damages, such as loss of data or its recreation, loss of profit or interest, decrease of revenue, harm to reputation, cover purchases, third party injuries or other unforeseeable damages, nor is it liable for the services provided by Partner Applications or the products or services purchased from Merchants.

14. Term of the Agreement

The Agreement is in force until further notice or, in regard to a Business Customer, for a fixed term specified in the Agreement. The Consumer has the right to cancel the Agreement within 14 days of concluding the Agreement or activating the ReceiptHero Service by notifying ReceiptHero in writing.

Consumers have the right to terminate the Agreement for convenience at any time without a notice period by informing ReceiptHero in writing. ReceiptHero and Business Customer have a right to terminate a non-fixed-term Agreement for convenience by complying with a 60-day notice period. The terms of the Agreement shall be complied with during the notice period.

A party also has the right to terminate the Agreement for cause with immediate effect, if (i) the other party has materially breached the Agreement and it has not corrected its behaviour within 14 days after receiving the other party's written notification of a contract breach, or if (ii) Business Customer or ReceiptHero go bankrupt, are placed in corporate debt reorganisation, or otherwise become unable to meet their responsibilities under the Agreement.

After the Agreement has ended, the End User's electronic receipts and other personal data will be destroyed in accordance with ReceiptHero's Privacy Notice, unless compelling legislation provide otherwise, or the data has been made anonymous.

15. Force Majeure

A party is not responsible for delay or damage that is due to an obstacle outside of the influence of a party, which a party cannot reasonably have been expected to take into consideration at the time of entering into the Agreement, and the consequences of which the party could not reasonably prevent or overcome, and due to which the fulfilling of the party's obligations or responsibilities becomes unreasonably difficult or impossible ("Force majeure"). A Force majeure is, for example, war, demonstration, labour dispute, strike, industrial action, fire, natural disaster, communications disruption, or another similar event. A party has a right to terminate this Agreement with immediate effect if Force majeure has had an impact or will have an impact to the fulfilment of the Agreement for at least 30 days.

16. Other Terms

Applicable law and dispute resolution. Laws of Finland shall be applied to the Agreement. Disputes arising from or in connection with the Agreement will be first and foremost solved through negotiations between the parties. If, within 60 days, the negotiations do not result in a satisfactory outcome to the parties, disputes shall be resolved in the District Court of Pirkanmaa as a first instance. A Consumer, however, has always the right to submit a matter related to the Agreement to the Finnish Consumer Disputes Board. Consumers shall also always have the right to bring a legal claim regarding this Agreement before the district court of their residence.

Transfer of the Agreement, subcontracting. ReceiptHero and Business Customer have a right to assign the Agreement, in whole or in part, to a third party to whom the business activities described in the Agreement are transferred to, or to a company belonging in the same group of companies. ReceiptHero has a right to use subcontractors in fulfilling this Agreement. ReceiptHero is responsible for the actions of its subcontractors like it is for its own.

Partial invalidity. If any provision of this Agreement is later found to be void or invalid by a final judgment of a competent court of law or by another authority, such invalidity or will not invalidate the entire Agreement, but the Agreement remains in force in all other respects.