Terms and Conditions

1.  Vipps MobilePay Business Solution 

Vipps MobilePay business solution consists of payment services and ancillary services (“Solution”) provided by the relevant Vipps MobilePay operating entity (“Vipps MobilePay”) to corporate customers (“Merchants”). For avoidance of doubt, Vipps MobilePay pass-through solution distributed to merchants by third parties is not part of the Solution. The Merchants can use the Solution, among other things, to request and receive payments from users of Vipps MobilePay mobile wallet (“Wallet” and “Wallet User”, respectively) and/or supported card or other payment instrument users (“Payment Instrument User”), as available in the relevant geographical area (“Market”). Wallet Users and Payment Instrument Users are also referred to as Payers.  

The local operating entity and contracting party to Merchants with registered office in Norway is Vipps MobilePay AS; Dronning Eufemias gate 11, 0150 Oslo; reg.no. 918 713 867.  

The local operating entity and contracting party to Merchants with registered office in Denmark is Vipps MobilePay AS, filial af Vipps MobilePay AS, Norge; Vester Søgade 10, 6., 1601 Copenhagen V, Denmark; CVR number 43300946.  

The local operating entity and contracting party to Merchants with registered office in Finland is Vipps MobilePay AS, Finnish branch; Aleksanterinkatu 11, 00100 Helsinki, Finland; Business ID 3330214-4.  

Vipps MobilePay AS is an electronic money institution supervised by the Norwegian Financial Supervisory Authority (Finanstilsynet), Revierstredet 3, 0151 Oslo, telefon +47 22 93 98 00, www.finanstilsynet.no. The branches in Denmark and Finland are further supervised by the Danish Financial Supervisory Authority and the Finnish Financial Supervisory Authority, respectively. 

2. Merchant Terms and Conditions  

These terms and conditions for Vipps MobilePay business solutions, including any documents incorporated herein by reference, (“Merchant Terms and Conditions") govern the use of Solution by the Merchants in all Markets where the Solution or individual features within the Solution have been made available by Vipps MobilePay.  

All capitalized terms used in the Merchant Terms and Conditions shall have the respective meanings ascribed to them. 

Vipps MobilePay will make available documentation governing implementation and use of the Solution in Vipps MobilePay website (“Service Documentation”). Service Documentation shall be deemed part of the Merchant Terms and Conditions. 

Vipps MobilePay may change the Merchant Terms and Conditions with 30 days’ notice. Vipps MobilePay reserves the right to apply a shorter notice period where deemed necessary by Vipps MobilePay to address a security threat or comply with changes in applicable laws or Scheme Rules. Vipps MobilePay will notify the Merchants of changes in accordance with Merchant Terms and Conditions and applicable laws. The Merchant will be deemed to have accepted changes, unless the Merchant notifies Vipps MobilePay before their entry into force that the Merchant doesn’t accept the revised Marchant Terms and Conditions. Upon such notification the Merchant Agreement shall terminate with immediate effect. The latest version of Merchant Terms and Conditions is available in Vipps MobilePay website. 

3. Merchant Agreement and access to the Solution 

To get access to the Solution, an eligible Merchant shall enter into an agreement with Vipps MobilePay (“Merchant Agreement”). Merchant Terms and Conditions, together with any supplemental conditions agreed between Vipps MobilePay and the Merchant, are an integral part of the Merchant Agreement.  

Access to the Solution further requires that Merchant: 

 

a) provides Vipps MobilePay with all necessary information as indicated in the Merchant Portal and/or order form issued by Vipps MobilePay or relevant distribution partner; 

b) registers in the Solution a local corporate bank account owned by the Merchant (“Settlement Account”); Vipps MobilePay may choose to accept registering a private bank account, where use of the private account for business purposes is allowed by the Merchant’s bank; and 

c) Is registered as a legal entity or sole trader in the relevant national business register and has a valid registration number issued by the said register.   

 

The Merchant Agreement shall enter into force when Vipps MobilePay accepts the Merchant as a corporate customer. To the extent permitted by applicable laws, Vipps MobilePay may refuse a Merchant after an internal assessment that may involve assessing the financial, business and compliance risk associated with the Merchant as well as credit rating. Furthermore, accessing a specific feature within the Solution may be subject to additional conditions as well as a separate approval by Vipps MobilePay.  

Part of the Solution constitutes payment services governed by the applicable European Union and local payment service regulation. Unless otherwise agreed between Vipps MobilePay and the Merchant, Vipps MobilePay has deviated from the provisions of the applicable laws to the extent permissible.  

4. Customer due diligence 

Vipps MobilePay is obliged by law to apply customer due diligence measures before establishing a customer relationship as well as keep the due diligence information up to date. This includes verifying the identity of the Merchant and, where applicable, individual persons representing the Merchant as well as beneficial owners.  

The Merchant must at all times provide Vipps MobilePay with necessary information and documentation as further instructed by Vipps MobilePay. If there are changes to the information provided by the Merchant, including changes in beneficial ownership, the Merchant must inform Vipps MobilePay immediately. 

Vipps MobilePay is entitled to regularly assess any information provided by the Merchant as well as the Merchant’s financial position and may request further information. Merchant may not assign the Merchant Agreement to any third party, 

For avoidance of doubt, the Merchant is solely responsible for providing accurate information on Settlement Account. 

Due diligence information will be used to prevent, reveal and examine money laundering and terrorist financing, and where applicable, initiate criminal investigation of money laundering, terrorist financing and predicate offenses. 

5. Purposes of use 

The Solution is intended to be used for commercial purposes and may not be used by private persons acting outside their trade. The Merchant may only receive payments for the Merchant’s own business.   

The Solution may not be used for cash withdrawals or equivalent. 

Subject to a written approval by Vipps MobilePay, the Solution may be used for fundraising to the extent allowed by applicable laws and, where applicable, authorisation by the competent authority. Vipps MobilePay may issue guidelines for using Vipps MobilePay’s name, logo and/or trademark (“Vipps MobilePay Branding”) in the context of fundraising. 

The Solution may be used for lotteries to the extent allowed by applicable laws. 

The Solution may not be used for illegal activities or any purpose that Vipps MobilePay deems as morally or ethically questionable or harmful to the Vipps MobilePay brand.  

Using the Solution for receiving payments in the context of specific trade may be restricted or forbidden by applicable laws or rules applicable to the concerned payment instrument (“Scheme Rules”). Vipps MobilePay may further restrict availability of the Solution based on risk assessment.  

 

See full list of prohibited products and services 

 

6. Merchant Portal and Vipps MobilePay APIs 

The Solution includes access to an online service administration and reporting tool (“Merchant Portal”). Vipps MobilePay may further make administration and reporting features available in a mobile application, that shall for the purposes of the Merchant Terms and Conditions be deemed part of the Merchant Portal. 

Vipps MobilePay may require that any person who has access to the Merchant Portal verifies their identity with a strong electronic identification solution supported by the Merchant Portal.  

Upon enrolment in the Merchant Portal, the Merchant shall appoint a person to administer Merchant’s use of the Solution and access rights to the Merchant Portal (“Administrator”). The appointed Administrator shall be deemed authorised by the Merchant to act on behalf of the Merchant in the Merchant Portal, including granting authorisations to additional Administrators and other users as well as reviewing their personal information.   

Unless otherwise provided in the Service Documentation, access to the Solution entails that the Merchant’s mobile application, online store or physical point of sale terminal (“Merchant Application”) has been integrated to the Solution. 

Vipps MobilePay maintains application programming interfaces and documentation related thereto (“Vipps MobilePay APIs”) for the purposes of implementing and using the Solution, including where applicable getting access to reporting. The Vipps MobilePay APIs can be accessed with security credentials delivered to Merchant by Vipps MobilePay (“API Keys”).  

In the context of Merchant Portal and Vipps MobilePay APIs, the Merchant shall be fully responsible for any actions or omissions of the a) Administrator, b) any other person who has been granted access by the Administrator and c) any person accessing Vipps MobilePay APIs with API Keys delivered to the Merchant. The Merchant must not share API Keys or Merchant Portal login information with unauthorised persons.  

Vipps MobilePay reserves the right to block the Merchant’s access to the Merchant Portal and Vipps MobilePay APIs without notice in the event of suspected misuse.  

The Merchant shall review and verify the accuracy of settlement information made available in the Merchant Portal or via Vipps MobilePay APIs. Merchant shall report any errors without undue delay and at the latest within one month, and upon request assist Vipps MobilePay in investigating any error. 

7. Implementation, maintenance and disruptions 

The Merchant is responsible for implementing and testing the integration between the Solution and Merchant Application in compliance with Service Documentation, including where applicable providing personnel and a test environment to verify appropriate functionality.  

The Merchant may choose to use third party software modules (“Plugins”) or software development kits (“SDKs”) to implement and maintain integration to the Solution. Plugins and SDKs are made available to Merchants by Vipps MobilePay on as-is and as-available basis. Vipps MobilePay assumes no liability for the availability, suitability or functionality of the Plugins and SDKs. 

For avoidance of doubt, if the Merchant engages a third party to carry out tasks related to integration or access of the Solution, the Merchant shall remain fully liable for the tasks. 

Vipps MobilePay retains the right to continuously develop the Solution and Vipps MobilePay APIs, including disabling and/or introducing functionalities. Changes in the Solution or Vipps MobilePay APIs may require that the Merchant carries out changes to Merchant Application and/or integration in order to continue using the Solution. Vipps MobilePay will inform the Merchants of material changes to the Vipps MobilePay APIs at least four months in advance. Vipps MobilePay reserves the right to implement changes with immediate effect where deemed necessary by Vipps MobilePay to address a security threat or comply with changes in applicable laws or Scheme Rules.  

Where possible, Vipps MobilePay will carry out maintenance work within a periodic maintenance window, as specified in the Service Documentation. During this period, Vipps MobilePay services may be unavailable without further notice. In the event of planned downtime beyond the fixed period, Vipps MobilePay endeavors to inform the Merchants as early as possible. Where it’s deemed necessary by Vipps MobilePay to implement security measures that will cause downtime, Vipps MobilePay will inform the Merchants as soon as possible. 

In the event of operational disruption of the Solution, Vipps MobilePay will inform the Merchants as soon as possible, including where possible providing information on the expected duration of the disruption.  

For avoidance of doubt, the Merchant's costs for implementing the Solution, including integration of Vipps MobilePay APIs with the Merchant Application, are borne in full by the Merchant. Vipps MobilePay may provide general assistance to the Merchant with questions concerning the Solution. 

8. Merchant’s statutory and third-party obligations 

The Merchant must comply with any and all legal requirements applicable to the Merchant’s business, including without limitation requirements governing consumer protection, marketing, personal data and distance sales.  

Among other things, the Merchant shall ensure that accurate information and identifier such as a logo is clearly displayed when a Wallet User initiates a payment or otherwise interacts with the Merchant.  

The Merchant is responsible for giving the Payer a receipt of purchase in accordance with applicable laws. As further described in the Service Documentation, the Solution may enable the Merchant to provide a receipt of payment to the Payer. The Merchant will remain solely responsible for correct implementation as well as fulfilling any statutory requirements Merchant’s business is subject to . 

Where the Solution is used to receive payments in the Merchant’s mobile application, the Merchant is responsible for complying with any third-party conditions applicable to the mobile application, including without limitation rules laid down by Apple and Google, and shall indemnify Vipps MobilePay for any loss incurred by Vipps MobilePay resulting from the Merchant's failure to comply with such conditions. 

9. Prices 

The applicable prices are displayed in the price lists for Vipps MobilePay business solutions available in the Vipps MobilePay website and are incorporated by reference in the Merchant Agreement. All prices are subject to change with 30 days' notice.

Vipps MobilePay may deduct from the settlement any charges that are due before or at the time of the settlement. For avoidance of doubt, if there is insufficient revenue to cover any amounts owed by the Merchant, Vipps MobilePay may issue an invoice. There may be administrative charges in connection with collection.  

All transaction-based charges fall due when the Merchant initiates collecting the payment from the Payer’s funding source. Fixed or periodic charges fall due at the beginning of the concerned period. Any other fees and charges fall due at the time of the agreed payout, provided that Vipps MobilePay has notified the Merchant of collecting such charge in advance. 

Unless otherwise noted, all prices exclude value added tax (”VAT”). If any part of the services provided by Vipps MobilePay is, becomes or has been subject to VAT, Vipps MobilePay will charge from the Merchant VAT as provided by applicable laws. 

10 Payment instruments 

The Solution supports receiving payments with multiple payment instruments. For avoidance of doubt, each supported payment instrument may entail using different funding sources. Supported payment instruments, as available in the Market from time to time, are described in the Service Documentation. 

Scheme Rules governing individual payment instruments are binding on the Merchant receiving payments with the concerned instrument and are incorporated in the Merchant Terms and Conditions by reference. Vipps MobilePay will make information on the Scheme Rules available to the Merchant in Vipps MobilePay website or another channel deemed appropriate by Vipps MobilePay. 

 

11. Execution of payment transactions and settlement 

The Merchant must clearly inform the Payer of the total purchase amount before executing the payment. The purchase amount must not be split. 

The Merchant may send payment requests only for fulfilling a contract between the Merchant and a Wallet User. For avoidance of doubt, mass requests are not permitted.  

Vipps MobilePay executes payment transactions initiated by Payers and settles them to the Merchant. Unless otherwise agreed, Vipps MobilePay will settle the transactions to the Settlement Account within one working day after receiving the funds. Vipps MobilePay may, with 14 days' written notice, change the settlement time for an individual Merchant based on change in the financial position of the Merchant, use of the Solution by the Merchant or equivalent reason.  

To the extent allowed by applicable laws, Vipps MobilePay may take any action to reverse or correct unfounded or incorrect settlements, including requesting a correction from the Merchant’s account servicing payment service provider or deducting the amount from subsequent settlements. 

Vipps MobilePay reserves the right to postpone settlement for justified reasons, including but not limited to illegal or erroneous use of the Solution, dispute or fraud investigation, breach of the Merchant Agreement, delayed payment of charges by the Merchant or when it is necessary to comply with applicable laws, court order or request from the competent authority. 

For avoidance of doubt, Vipps MobilePay may use acquirers and other third parties to acquire payments from the funding source. The settlement time may vary based on the funding source determined by the Payer and execution time needed to transfer the funds to Vipps MobilePay. 

12. Advance payments and payment reservations 

Unless otherwise explicitly provided in the Service Documentation or in a written permission by Vipps MobilePay, the Merchant may receive payments only for goods/services that are delivered before or immediately after the payment.  

Where the Merchant collects a payment or reserves the amount from a funding source before the goods/services have been delivered, the Merchant must comply with all legal requirements concerning advance payments and payment reservations. A reservation can only be made with the Payer’s explicit consent. The Merchant shall cancel any pending reservation immediately after the payment has been executed or the purchase has been canceled, as applicable. Reservation or advance payment can only be requested by the Merchant for a justified reason. Validity of the reservation is subject to applicable Scheme Rules, as implemented by the concerned payment card issuer. For avoidance of doubt, Vipps MobilePay may be unable to settle the payment to the Merchant due to unavailable funds, if the reservation has expired or been canceled by the issuer before the Merchant attempts to collect the payment.  

13. Refunds 

To the extent supported by the Solution, the Merchant may request Vipps MobilePay to execute refund of a transaction to a Payer. Vipps MobilePay retains the right to reject or postpone executing refunds. 

Purpose of the refund is to fully or partially reimburse a payment settled by Vipps MobilePay to the Merchant. The refunded amount cannot exceed the total amount of the original payment. The Merchant shall submit all refund requests electronically in accordance with time limits and other guidelines set forth in the Service Documentation. The Merchant must make available a confirmation of the refund to the Payer. 

Vipps MobilePay deducts the executed refunds from subsequent settlements to the Merchant, or alternatively issues an invoice. For avoidance of doubt, any charges incurred based on the original payment will not be reimbursed by Vipps MobilePay. 

14. Chargebacks 

As an acquirer to payments initiated with various payment instruments supported by the Solution, Vipps MobilePay may incur liability for claims made by the holder or issuer of the payment instrument, as provided in the applicable Scheme Rules. Further, as an issuer of a payment instrument and as a payment initiation service provider, Vipps MobilePay may incur liability for claims pursuant to applicable laws and/or contract. The claims may result in an obligation to refund the amount that Vipps MobilePay has settled to the Merchant. The Merchant, as the payee and Vipps MobilePay’s contracting party, shall indemnify Vipps MobilePay for any claims that relate to the Merchant's acts or omissions, including any claim that relates to delivery of goods and/or services by the Merchant to the Payer ("Chargeback").  

Vipps MobilePay has the right to deduct the Chargebacks, together with an administrative fee, from subsequent settlements to the Merchant. Vipps MobilePay will handle all Chargeback claims in accordance with applicable Scheme Rules, including as applicable requesting documentation from the Merchant before a Chargeback is executed.  

15. Additional conditions governing specific use cases 

The Solution enables receiving payment in various use cases and from multiple funding sources. The conditions set forth in this section 15 apply to respective use cases in addition to general conditions set out in other sections. More specific guidance on appropriate implementation and use is provided in the Service Documentation.  

Acceptable use cases and applications have been described in the Service Documentation. Any use of the Solution contrary to or in excess of what has been explicitly permitted in the Service Documentation is not allowed. The Merchant’s failure to comply with Service Documentation as well as any guidance provided by Vipps MobilePay shall be considered as breach of the Merchant Agreement. 

Specific features or use cases may be available in limited Markets or for specific groups of users, as determined by Vipps MobilePay at its sole discretion. 

15.1.  Instore Payments 

The Solution enables receiving payments from Payers that are physically present in the Merchant’s place of business (“Instore Payment”). Where supported by the Solution, the Merchant shall always indicate in the payment request if the Payer is physically present.  

Receiving Instore Payments may entail using software and/or hardware provided by Vipps MobilePay or third parties. Any software and/or hardware provided by Vipps MobilePay to the Merchant for the purpose of receiving Instore Payments shall be considered as part of the Solution and is governed by the Merchant Terms and Conditions.  

15.2. Recurrent Payments 

The Solution may support executing a payment agreement with a Wallet User for the purpose of making recurrent payments with a fixed or variable amount and frequency. 

The recurrent payment agreement gives the Merchant a mandate to initiate transactions from the funding source specified by the Wallet User. The Merchant is solely responsible for managing the payment agreement, including implementing changes in the content or validity of the agreement.  

Any payment agreement must be based on a valid service agreement between the Wallet User and Merchant. The Merchant shall make information on the agreement available to Vipps MobilePay before the Solution can be used by the Merchant. For avoidance of doubt, the Merchant is solely responsible for complying with relevant requirements governing consumer contracts in the Market. 

15.3. Login 

Login functionality allows Wallet Users to register and log in to the Merchant Application with their Wallet profile. 

For sake of clarity, Login is not a qualified trust service as provided in Regulation (EU) No 910/2014. If the Merchant wishes to use BankID or corresponding electronic identification means, e.g. for authentication or electronic signature, the Merchant must enter into a separate agreement with a qualified trust service provider.  

Login functionality gives the Wallet User the opportunity to remain logged in their device. Vipps MobilePay cannot guarantee that the same natural person will continue using the device, if the Wallet User gives another person access to the device, uses Login on a shared device or otherwise breaches applicable user terms and conditions. The Merchant shall not use the Login function for identifying the users if the Merchant Application is subject to a requirement to verify the identity of the user or otherwise subject to high security standards.  

Login functionality entails sharing Wallet Users’ personal data with the Merchant. Upon receipt of personal data, the Merchant becomes an independent data controller. The Merchant shall determine the purpose of the processing and will be responsible for all further processing of the shared personal data. To the extent the Merchant needs access to any previously shared data for the purpose of traceability or like, the Merchant shall be responsible for storing the data.  

15.4. Checkout  

Checkout is a feature in the Solution that enables receiving payments from Payment Instrument Users as well as getting access to shipping information. 

The availability and presentation of payment methods in Checkout is determined by Vipps MobilePay at its sole discretion. Supported payment schemes and geographic areas are described in the Service Documentation.  

16. Vipps MobilePay liability  

Vipps MobilePay is liable for late or defective performance of the Merchant Agreement resulting from error or negligence.  

That notwithstanding, Vipps MobilePay’s liability excludes any losses resulting from: 

1. modifications to the Solution and/or integration with other solutions or software not supplied by Vipps MobilePay; 
2. power failure or a breakdown of telecommunications, legislative or authority intervention, natural disasters, war, riots, civil unrest, sabotage, terrorism or vandalism (including hacking and cyber-attack); 
3. strikes, lockouts, boycotts or picketing, regardless of whether Vipps MobilePay is a party to the dispute;  
4. any circumstances beyond the control of Vipps MobilePay; 
5. any loss incurred by the Merchant resulting from unauthorised use of or access to the Solution by the Merchant’s personnel, customers or third parties; and  
6. any indirect losses, operating losses, loss of business and loss of interest. 

Vipps MobilePay’s liability under the Merchant Agreement is under any circumstances limited to the amount the Merchant has paid to Vipps MobilePay for use of the Solution during the last 12 months before the claim arose. 

Vipps MobilePay’s liability for damages has been exhaustively set forth above. 

17. Security and fraud 

Vipps MobilePay is entitled to monitor the Merchant's compliance with the Merchant Agreement, including carrying out unannounced inspections of the Merchant's premises and/or Merchant Application. The Merchant must comply with any measures ordered by Vipps MobilePay for the purpose of reducing fraud and securing compliance with the Merchant Agreement.  

In case of suspected misuse of the Solution, the Merchant must immediately notify Vipps MobilePay. 

Vipps MobilePay may apply any security measures deemed necessary by Vipps MobilePay to prevent and mitigate fraud. 

18. Termination and suspension 

Each party can terminate the Merchant Agreement with two months’ notice.   

If Vipps MobilePay chooses to discontinue any part of the Solution, Vipps MobilePay may terminate the Merchant Agreement or the affected part with immediate effect.  

In the event of a material breach of the Merchant Agreement by the Merchant, Vipps MobilePay may terminate the Merchant Agreement or suspend the Solution with immediate effect. Material breaches include but are not limited to:  

• failure to pay any amount owed by the Merchant to Vipps MobilePay
• illegal use of the Solution or failure to comply with statutory requirements, including failure to immediately comply with requirements arising from reasonable objections raised by Payers;
• repeated reasonable objections from Payers; 
• high or disproportionate number of fraud or attempted fraud; 
• any action which, in Vipps MobilePay’s opinion, is detrimental to Vipps MobilePay’s reputation or brand; 
• any substantial or repeated breach of the Merchant Agreement; and 
• any breach of the Merchant Agreement that is not rectified by the Merchant within a reasonable period set by Vipps MobilePay.

 

 If Vipps MobilePay has reasonable grounds to believe that the Merchant is using the Solution in violation of applicable laws or the Merchant Agreement or there is a risk of abuse or unauthorised use, Vipps MobilePay has the right to suspend the Solution temporarily with immediate effect and without providing a notice. 

Vipps MobilePay may further terminate the Merchant Agreement or suspend the Solution with immediate effect if: 

• there is any indication that Merchant is insolvent or expected to become insolvent or otherwise loses control over its assets, including any liquidation procedure, suspension of payments, debt restructuring, bankruptcy or execution/attachment order; 
• the Merchant otherwise ceases activity; 
• the Merchant has been inactive for the past 14 months; 
• at Vipps MobilePay’s discretion, the Merchant is directly or indirectly subject to local and/or international sanctions;
• Vipps MobilePay has reasonable and objective grounds for the termination or suspension, including based on risk assessment. 

Termination has no effect on validity of any claims Vipps MobilePay has against the Merchant. 

 

19. Processing of personal data

Vipps MobilePay and Merchant are independent controllers of personal data in the context of providing their respective services to their customers.  

Using the Solution entails sharing personal data by Vipps MobilePay to the Merchant. The categories of data to be shared in the context of individual features of the Solution as well as the sharing process are described in the Service Documentation. Merchant shall be solely responsible for the processing of any personal data received from Vipps MobilePay, including without limitation processing personal data solely on a valid legal basis and legitimate purpose as well as providing sufficient information on the Merchant’s data processing and ensuring the rights of the data subjects. For avoidance of doubt, any consent provided by the user in the Wallet or payment window shall be deemed solely as a basis for Vipps MobilePay to make the information available to the Merchant and shall not constitute a sufficient legal basis for processing the personal data by the Merchant. The user can at any time withdraw the consent.  

The Solution may enable sharing of national identity number or other categories of data that are subject to specific statutory requirements in the relevant Market. Processing such data by the Merchant is always conditional upon legal basis and compliance with applicable laws.  

Vipps MobilePay assumes no liability for processing of personal data by the Merchant.  

To the extent Vipps MobilePay processes personal data on behalf of the Merchant as a data processor, the provisions of Vipps MobilePay Data Processing Agreement, available at Vipps MobilePay website, shall govern the parties’ mutual rights and obligations. 

By using the Solution, Merchant consents to processing of personal data related to the Merchant and any natural persons representing the Merchant, including where applicable disclosing the Settlement Account branch code and account number by the relevant bank to Vipps MobilePay for verification purposes.  

More information concerning processing of personal data by Vipps MobilePay is available in Vipps MobilePay privacy notices available at Vipps MobilePay website. 

20. Confidentiality 

Vipps MobilePay is subject to a statutory professional secrecy obligation governing the use of information disclosed by the Merchant to Vipps MobilePay.  

The Merchant may not disclose to third parties any confidential information received in connection with the Merchant Agreement. Confidential information shall only be used for the purpose of using the Solution. Confidential information shall include, without limitation, all non-public information concerning Vipps MobilePay, its business partners, infrastructure and services. The confidentiality obligation shall survive termination of the Merchant Agreement. 

Vipps MobilePay and the Merchant’s payment account provider and/or distributor may exchange information that relates to or is relevant to the Merchant's use of the Solution. The Information may include but is not limited to contact information, payment account details, aggregated information on payments received with the Solution and information regarding validity of the Merchant Agreement. 

21. Brand and intellectual property rights 

The Merchant must clearly and on par with other available methods display the possibility to pay or login with Wallet in the Merchant’s place of business, including Merchant Application. The Merchant must adhere to any branding guidelines issued by Vipps MobilePay (“Branding Guidelines”).  

The Merchant warrants that displaying the Merchant identifiers such as name or logo in the Wallet does not infringe any intellectual property rights. Use of misleading, unclear or offensive identifiers is forbidden. 

Subject to requirements laid down in the Service Documentation and Branding Guidelines, the Merchant may display Vipps MobilePay branded QR-codes that can be scanned with Wallet for the purpose of directing Wallet Users to Merchant’s website that offers Wallet as the preferred payment or register /log in method. 

All intellectual property rights, Vipps MobilePay Branding, Vipps MobilePay APIs and Solution remain Vipps MobilePay’s property, including all software and other proprietary components included therein. Vipps MobilePay grants to the Merchant a limited, non-transferable license to use Vipps MobilePay Branding, Vipps MobilePay APIs and Solution within the scope of its business activities as defined in the Merchant Agreement for the purpose of implementing and using the Solution and informing customers. The license shall expire upon termination of the Merchant Agreement. The Merchant does not have the right to modify or decompile Vipps MobilePay APIs or the Solution.  

Unless otherwise agreed, Vipps MobilePay has the right to cite the Merchant as a customer, including reproducing Merchant logo.  

Any marketing that involves the use of Vipps MobilePay’s Branding beyond use as mentioned above requires Vipps MobilePay’s prior written consent. 

22. Communication 

Vipps MobilePay will deliver all notifications and other communications to the Merchant by email to the address provided by the Merchant or in the Merchant Portal. Vipps MobilePay may choose to communicate with the Merchant in English or in the local language. 

23. Complaints 

Any complaints concerning payment services provided by Vipps MobilePay can be delivered to us

 

• in Norway: via a complaint form issued at local Vipps MobilePay website 
• in Denmark: by email to klage@vippsmobilepay.com
• in Finland: by email to reklamaatiot@vippsmobilepay.com

Vipps MobilePay will respond to complaints by email.  

 

24. Choice of law and dispute resolution 

Where Vipps MobilePay AS is the contracting party to a Merchant Agreement, the Merchant Agreement shall be governed by laws of Norway without regard to conflict of law principles, and any dispute relating to the validity, interpretation or fulfilment of the Merchant Agreement shall be submitted to the exclusive jurisdiction of the Oslo District Court. 

Where Vipps MobilePay AS, filial af Vipps MobilePay AS, Norge is the contracting party to a Merchant Agreement, the Merchant Agreement shall be governed by laws of Denmark without regard to conflict of law principles, and any dispute relating to the validity, interpretation or fulfilment of the Merchant Agreement shall be submitted to the exclusive jurisdiction of City Court of Copenhagen (in Danish: "Københavns Byret"), Denmark. 

Where Vipps MobilePay AS, Finnish branch is the contracting party to a Merchant Agreement, the Merchant Agreement shall be governed by laws of Finland without regard to conflict of law principles, and any dispute relating to the validity, interpretation or fulfilment of the Merchant Agreement shall be submitted to the exclusive jurisdiction of district court of Helsinki, Finland.