Versjon 1.4 - 07.11.16
This English version of the Agreement is a translation for your convenience. In case of any discrepancy or conflict between this English version and the current Norwegian version of the Agreement, the Norwegian version shall take precedence.
1. ABOUT THE SERVICE
Vipps is a payment service provided by DNB Bank ASA (“DNB") and can be downloaded as a mobile phone application. You can find more information about Vipps and how it can be used at www.vipps.no.
2. ENTRY INTO THE AGREEMENT
2.1 The Agreement and Parties
This Agreement consists of the terms and conditions in this document and the Vipps Privacy Protection Policy (jointly referred to as "the Agreement"). In addition to the terms and conditions in the Agreement, relevant prevailing Norwegian statutory provisions also apply. The parties to this Agreement are you, as a customer, and DNB Bank ASA, P.O. Box 1600 Sentrum, N-0021 Oslo, org.no. 984 851 006.
2.2. What is required to use Vipps?
All the terms below must be fulfilled in order to use Vipps:
- You must have an account in a Norwegian bank.
- You must have a debit or credit card issued by a Norwegian bank ("Source of Funds"). If you use a Visa debit card issued by DNB for an outgoing payment, DNB will be able to withdraw the amount directly from your bank account linked to this card, whereby this bank account will also be regarded as a Source of Funds. You can link several alternative Sources of Funds to Vipps.
- You must have a mobile phone with a Norwegian telephone number. The service does not support the protection of secret phone numbers. Thus, you cannot use Vipps if you have a secret phone number.
- Vipps can be used on mobile phones with iOS, Android and Windows operating systems.
- You must have an e-mail address.
- You must be over the age of 15. If you are aged between 15 and 18 years, you can only transfer money that is at your disposal.
- You must have read, understood and accepted this Agreement.
- DNB must approve you as a user. More detailed information about which mobile phones and payment cards can be used with Vipps can be found at www.vipps.no.
3. USE OF VIPPS
3.1 What Vipps can be used for
Vipps is a payment solution that enables you to pay in shops, online and in applications containing the Vipps symbol. You can also transfer money to clubs, associations and organisations and receive and transfer money from and to other persons. You can also see and pay invoices by using the Vipps Invoice service, see item 3.3.
3.2 Registration, identification and maximum amounts
Before you start using Vipps, you must create a user profile and identify yourself. When registering for the first time, you can choose to identify yourself simply by completing the registration procedure in Vipps. DNB will verify your identity, for example by automatically checking it against the Norwegian Tax Administration’s national register. Due to stipulations in the Norwegian Money Laundering Act, DNB has set maximum amounts for using Vipps. You will find the maximum amounts in Vipps and at vipps.no. When your use of Vipps exceeds these maximum amounts, you must identify yourself by means of BankID to continue using Vipps. In such case, you will receive a message in Vipps. If you have reached the maximum amount, you will not be able to receive or send money using Vipps. Money which has been sent to you will be returned to the sender unless you identify yourself within three days after the money has been sent.
3.3 Vipps Invoice
As from version 1.6 of Vipps, you can activate the Vipps Invoice functionality, which enables you to pay invoices in Vipps. When you activate Vipps Invoice, you consent to DNB informing issuers of Vipps Invoice that you are a Vipps Invoice user. You also agree that all such issuers can send you invoices in Vipps. If you do not pay the invoices you receive in Vipps Invoice, the service will be automatically deactivated after a certain period. You may reactivate the service under Settings. You are personally responsible for paying the invoices you receive in some other manner if you choose not to pay them in Vipps Invoice.
A transaction fee may be incurred for the use of Vipps. Visit www.vipps.no
for information on prices under ‘Questions’ ‘Prices and maximum amounts’. If a transaction fee is incurred for a payment order, information about this will appear in Vipps before you confirm the payment.
5. PAYMENT TRANSACTIONS
5.1 Outgoing payments
When you have confirmed a payment order in Vipps, you authorise DNB to carry out the payment on your behalf.
For payment orders to private individuals, you can find the recipient’s telephone number or name in your list of contacts on your mobile phone. If the payee is not a Vipps user, he or she will receive a text message stating that you have made the payment and that the payee must register as a Vipps user in order to receive the payment. If the payee does not start using Vipps by the deadline set by Vipps, the amount will be reversed to you.
When you use Vipps to make a payment transfer to private individuals, you must make sure that the mobile number you enter is correct. When you use Vipps to make a payment transfer to private individuals, your name, telephone number and any message to the recipient is shown in the recipient’s Vipps application.
When you use Vipps to make a payment transfer to businesses, clubs, associations or voluntary organisations by finding their profile in Vipps, you must verify that the recipient’s profile corresponds to the information you have received from the merchant before confirming the payment. Such information could be the recipient’s name, unique ID number and name of the merchant. When using Vipps in this manner, the recipient will see your name, the payment amount, the last four digits in your mobile phone number and any message you have written.
When you buy something from an approved online merchant’s website or in a mobile app, Vipps will be a payment option on the website or in the app. Some physical stores may send you a payment request for a product or service from their cash register. When choosing to pay with Vipps, a dialogue will open in Vipps indicating the amount and recipient, which you must confirm in order to complete the payment. When using Vipps in this manner, DNB will transmit the amount and any message you write to the recipient, together with a transaction ID. When you shop online or in an app, some merchants may have the function ”Fill in my Vipps details”, whereby your delivery address will be automatically included.
When you use Vipps Invoice, you will receive an electronic invoice in Vipps with the necessary payment details from the invoice issuer. If you choose to pay the invoice in Vipps, you must confirm the invoice, and the payment will thus be completed. The issuer will receive settlement information about your payment. If you have activated push notifications in Vipps, you will receive a notification when you receive a new invoice in Vipps. Some non-profit organisations will also be given the opportunity to send you requests for donations through Vipps Invoice.
Depending on the amount and previous purchases, you may be requested to perform additional security measures, such as confirmation by BankID, in order to complete your payments.
When you use a credit card as your Source of Funds, charges may accrue in accordance with the agreement between you and the issuing bank. DNB does not grant credit when you use Vipps.
5.2 Incoming payments and payment requests
You can receive payments from others in Vipps. You can also use Vipps to request payment from another person who uses Vipps. You can only do so if you have a contractual basis for the payment request with the person you are sending the request to. If you misuse the opportunity to send payment requests, it will be regarded as a serious breach of the Agreement and entitle DNB to terminate your access to Vipps.
5.3 Rejection of payments
If statutory or contractual terms for effecting payments have not been fulfilled, DNB may reject the payment. For example, DNB will reject the payment if there are insufficient funds in the Source of Funds and if the bank suspects misuse, fraud or money laundering or attempts thereof. It is not permitted to use Vipps as payment for stakes related to participation in betting games, wagers or other forms of gambling which are illegal in Norway. If such use is suspected, the payment will be rejected. Any actual or suspected misuse as described in this provision can be regarded as a serious breach of the Agreement and entitle DNB to terminate your access to Vipps and revoke this Agreement, cf. item 6.5. If the purpose is legitimate, you will be informed that the payment has been rejected and what you can do to rectify the situation so that the payment can be effected.
If you use Vipps to pay for goods or services, but subsequently agree with the seller that you are entitled to a refund, or if the purchase is annulled for any other reason, the amount will be paid into the account specified in Vipps.
5.5 Errors in payment transactions
Once you have confirmed an outgoing payment in Vipps, the payment is final and cannot be reversed. If, in your opinion, a payment has not been approved by you, you must use the right to complain as described in item 5.7. If you have received a Vipps payment which is due to an error on the part of DNB, DNB can rectify the error by debiting your Source of Funds by the end of the third working day after the error was made. Moreover, erroneous crediting or debiting of an account on the part of DNB is regulated by the stipulations in Sections 31 and 32 of the Financial Contracts Act.
5.6 DNB’s liability in connection with payment orders, the purchase of goods and services and invoice payments
DNB shall effect payments in accordance with your instructions in Vipps. If DNB makes a mistake in connection with the payment, DNB shall rectify the error and cover your loss, subject to the limitations in Sections 40-42 of the Financial Contracts Act. DNB cannot be held liable for losses that are due to circumstances beyond DNB’s control which it could not reasonably be expected to have foreseen or avoided the consequences of, cf. item 9.3. Erroneous or delayed payment transfers due to failures in the telecommunications network or unforeseen failures in other systems that are delivered by third parties and are necessary for Vipps to function, will always be regarded as such circumstances.
DNB is also liable for losses arising when payments have not been approved by you, provided that the terms and conditions are fulfilled in accordance with Section 35 of the Financial Contracts Act.
DNB is not liable for errors made by you when you have entered a payment order in Vipps, cf. items 6.1 and 5.1. For example, DNB is not liable if the recipient, telephone number or amount etc. is incorrect. DNB is not liable for the content of the Vipps invoice and the demand for payment. Nor does DNB have any influence on which person the invoice issuer regards as the addressee of the claim.
If you think that DNB is liable for errors in connection with a payment, you must contact DNB and issue a complaint in accordance with item 5.7. If you think there is an error in an invoice you have received in Vipps Invoice, you must take direct contact with the issuer of the invoice.
Once you have made a payment in Vipps, DNB will send you a confirmation of the payment in an e-mail and in Vipps. If you have purchased a product or service with Vipps, the seller is responsible for giving you a receipt for the purchase. DNB’s confirmation of the payment in Vipps is not a receipt for the purchase.
When you buy goods or services, the seller is liable for any errors and defects. DNB is not liable for this.
DNB assumes no liability for fundraising campaigns that you choose to transfer money to using Vipps. If you make a payment to someone in Vippsstarter who has set a fundraising target, DNB will transfer your payment to the recipient independent of whether or not this financial target has been reached. DNB does not check whether the recipient uses the money for the stated purpose.
5.7 Complaints and reversal of payments
If, in your opinion, DNB has carried out a transaction you have not approved, you must issue a complaint to DNB. The bank shall then document that the transaction has been authenticated (approved), correctly registered and recorded, and has not been affected by technical failure or other errors. The fact that your Vipps profile has been used to execute the payment does not on its own represent adequate evidence that you have made the payment or acted dishonestly vis-à-vis the bank.
However, if you are still of the view that DNB is responsible, DNB shall reverse the amount and compensate for loss of interest from the debit date, provided that you submit a claim for reversal of the payment without undue delay after you were or ought to have been aware of the error, and no later than 13 months after the debit date. The obligation to reverse the payment does not apply if you have acknowledged liability for the debit, or if DNB, within four weeks from receipt of the written objection from you, has filed a civil suit or submitted the matter to the Norwegian Banking Complaints Board. If the matter is dismissed by the Board or a court of law, a new time limit of four weeks applies from the date DNB was informed of the dismissal. In connection with the reversal of payments, you may be liable for a certain amount in accordance with item 6.6, which DNB may withhold.
If you suspect that you may have been exposed to a criminal act in connection with a transaction, DNB can require that you report the matter to the police.
If a payment is reversed in accordance with this provision, DNB may nevertheless require that the money be repaid on a later date if the bank can render probable that the payment was approved by you and that the bank thus cannot be held liable.
6. YOUR RESPONSIBILITIES
6.1 Correct information
You are responsible for ensuring that the information you provide about yourself to DNB is complete, correct and updated. If there are any changes in your data, you are responsible for correcting the information in Vipps. You are responsible for providing your correct name, e-mail address, telephone number, card number and account number. This will not be checked by DNB.
When you use Vipps to make a payment to private individuals, you must make sure that the mobile number you use is correct, as described in item 5.1 When you use Vipps to make a payment transfer to businesses, clubs, associations or voluntary organisations, you must verify that the recipient’s profile corresponds to the information you have received from the merchant, cf. item 5.1.
6.2 Personal code – PIN
As part of the registration procedure for Vipps, cf. item 3.2, you must select a personal code (”PIN"). Your PIN code must consist of four digits and must be different from your other PIN codes, such as the PIN code used for your Source of Funds or your mobile phone. Vipps is free to refuse the use of certain PIN code digit combinations.
The Vipps service is for personal use only, and you must not disclose your PIN code to any third party. You are responsible for ensuring that others do not gain access to your Vipps application. Under no circumstances must you give your PIN code or other security procedures to anyone, including DNB. If any third party asks you to disclose information that can be used to access Vipps, this must be regarded as attempted fraud. Thus, you must refuse to share such information and inform DNB without undue delay. If your Source of Funds in Vipps is linked to a customer relationship with another bank or financial institution, you are responsible for informing the relevant bank or financial institution.
6.3 Lost or stolen mobile phone
If your mobile phone is stolen or lost, or if you suspect unauthorised use of Vipps, you must notify DNB as soon as possible. When such notification has been given, DNB will block the use of Vipps until further notice.
6.4 Legitimate use
You cannot use Vipps in breach of prevailing Norwegian law or in violation of this Agreement. If you are to use Vipps for business purposes or to receive payments on behalf of your club, association or organisation, you must enter into a separate agreement governing this with DNB. The use of Vipps with a personal profile for business purposes is deemed to represent a serious breach of the Agreement and will result in your Vipps profile being blocked.
If you use Vipps in a way that entails a risk of money laundering, for example by buying or selling Bitcoins, or in a way that other Vipps users perceive to be offensive or insulting, for example if you send inappropriate messages to other users, DNB may block your Vipps profile. You cannot use Vipps on a mobile phone which is jailbroken/rooted. The use of Vipps on a phone which is modified in this way creates a risk for the misuse of Vipps and compromises the information entered in the app. DNB will therefore consider the use of Vipps on a device which is jailbroken/rooted as a serious breach of the terms and conditions for the use of Vipps as a means of payment, which is of consequence to your responsibility as a customer in the event of misuse caused by this.
6.5 Consequences of illegitimate use
If DNB has reasonable grounds to believe that your use of Vipps is in violation of law or this Agreement, DNB is entitled to temporarily stop your use of Vipps. If such use is not discontinued or represents a serious breach of the Agreement, DNB is entitled to terminate the Agreement. DNB is under no obligation to inform you before the Agreement is terminated, but will seek to give such notice and to provide you with the opportunity to rectify the matter if this is possible.
6.6 Misuse of Vipps
You will be liable for up to NOK 1 200 in connection with losses resulting from unauthorised payments due to the use of a lost or stolen payment instrument provided that your personal security procedure has been used. The same applies to payment transactions carried out following unauthorised appropriation of a payment instrument if you have failed to protect the above-mentioned personal security procedure and this has been used.
You will be liable for up to NOK 12 000 in connection with unauthorised payment transactions if the loss is due to the fact that you, through gross negligence, have failed to fulfil one or more of your obligations under this Agreement. If the loss is due to the fact that you, through gross negligence or with intent, have failed to meet the obligations under this Agreement, you shall cover the entire loss. The same applies if the loss is due to the fact that you have acted dishonestly.
Your liability under this item may be modified in accordance with the rules in Section 36 of the Financial Contracts Act in cases where Vipps fails to meet sound standards and the unauthorised use is related to this.
You will not be liable for losses which occur after DNB has been notified and your Vipps profile has been blocked. Nor will you be liable for losses if you have had no opportunity to block your Vipps profile due to circumstances at DNB.
6.7 DNB’s customer due diligence - consequences
In accordance with the money laundering regulations, DNB has a duty to apply customer due diligence measures when establishing customer relationships and in the ongoing monitoring of existing customer relationships. This may include investigations concerning the use of Vipps. If required by DNB, you must provide information about your or others’ use of Vipps or give DNB other information. If you fail to give DNB the required information in connection with DNB’s customer due diligence procedures, or if satisfactory customer due diligence cannot be implemented for other reasons, DNB may terminate the Agreement with immediate effect.
7. ELECTRONIC COMMUNICATION
By entering into this Agreement, you consent that the Agreement is entered into electronically and that this also applies to amendments to the Agreement. You accept that DNB will communicate with you directly in Vipps, to the telephone number you have stated in Vipps, or by using your stated e-mail address.
8. VIPPS PRIVACY PROTECTION POLICY
In order to enable you to use Vipps, DNB needs to receive, use and store some of your personal data. Most of these data are provided by yourself in Vipps when you register and are generated when you use the service. DNB has a separate Privacy Protection Policy which you will find under “Cookies and privacy protection” in the Vipps menu. Vipps Privacy Protection Policy is part of the Agreement.
9. GENERAL PROVISIONS
9.1 Duration and termination
The Agreement remains in force as long as DNB offers Vipps. DNB can choose to no longer provide Vipps subject to two months’ notice. If you have breached the Agreement, DNB can terminate the Agreement with you without prior notice.
If you wish to terminate the Agreement, this can be done by contacting DNB. Please note that the Agreement will remain in force even if you delete Vipps from your mobile device. If you do not use Vipps over a period of six months, DNB can choose to deactivate your Vipps profile.
You may deactivate the Vipps Invoice function under Settings in Vipps. If Vipps Invoice is deactivated, you will receive no new invoices here, but you will still be able to see and pay invoices that have not fallen due and are still available in this solution.
9.2 Amendments to the Agreement
DNB can make amendments to the Agreement without prior notice. The prevailing terms and conditions of the Agreement will be available in Vipps and at www.vipps.no. Amendments which are not in your favour may only be implemented by DNB subject to two months’ notice. If you do not wish to accept amendments to the Agreement, you must terminate the Agreement and your use of Vipps. If you continue to use Vipps after the Agreement has been amended, the amendments are deemed to be approved by you. Amendments to the registration procedures to comply with regulatory and security requirements, or to prevent unlawful activity, can be implemented by DNB without prior notice.
You can contact DNB at any time and ask to receive these terms and conditions in a paper version.
9.3 Temporary suspension of the Agreement
DNB’s obligations under this Agreement – including the duty to make payments and debits – shall temporarily cease to apply if circumstances arise which are beyond DNB’s control, which DNB could not reasonably be expected to have foreseen or avoided the consequences of and which render impossible completion of the Agreement. The same applies to circumstances which are due to DNB’s statutory obligations or pursuant to law.
9.4 Contact with DNB regarding Vipps
Whatever your request, you can contact DNB for assistance and information at: www.vipps.no, www.dnb.no, or by calling (+47 915) 04800. Call (+47 915) 04800 to report loss of your mobile phone or to block the Vipps service.
9.5 Dispute resolution
This Agreement is governed by Norwegian law. In the event of a dispute where you disagree with DNB and we do not resolve the matter to your satisfaction, you can submit the matter to the Norwegian Financial Services Complaints Board. The Norwegian Financial Services Complaints Board can be contacted via klageskjema.finkn.no or to the Board’s secretariat at postal address: P.O. Box 53 Skøyen, N-0212 Oslo.
9.6 Concessions and supervision
DNB Bank ASA has a banking licence and is subject to supervision by Finanstilsynet (the Financial Supervisory Authority of Norway), P.O. Box 1187 Sentrum, N-0107 Oslo and the Norwegian Data Protection Authority, P.O. Box 8177 Dep., N-0134 Oslo.