General Terms and Conditions of FLIQA
for the service of providing account information and payment initiation
1. Introductory provisions
1.1 The issuer of these General Terms and Conditions is FLIQA, financial technology and payment services, d.o.o., Miklošičeva cesta 26, 1000 Ljubljana, registration number: 8758255000 (hereinafter: Fliqa). Fliqa is a company established in accordance with Slovenian legislation and registered in the Register of Legal Entities of the Republic of Slovenia.
1.2 Fliqa and iban-XS B.V. (hereinafter “Partner”) jointly provide payment initiation services (“PIS”) and account information services (“AIS”). These are payment services as defined in the Payment Services Directive (also known as PSD2) (“Payment Services”). ibanXS is a licensed payment institution authorised to provide these payment services. Payment initiation services and account information services are the Payment Services referred to under numbers 7 and 8 of Annex 1 to PSD2.
1.3 These General Terms and Conditions for the Provision of Payment Services (hereinafter referred to as the “General Terms and Conditions”) constitute a framework agreement (hereinafter referred to as the Framework Agreement) which sets out the terms and conditions of business between Fliqa and the Users. These terms and conditions cover the rights and obligations of users and the manner of using the services. By accepting the General Terms and Conditions by the User, a contractual relationship is established between the User and Fliqa, the rights and obligations of which are determined by these General Terms and Conditions.
1.4 These General Terms and Conditions apply to all users of the services, unless otherwise agreed by a special agreement between Fliqa and the individual user.
1.5 Each individual service or product that falls within the scope of Fliqa services may also have its own general terms and conditions. If there are third-party providers or external contractors, they will be listed in the General Terms and Conditions.
1.6 An integral part of these terms and conditions is the price list, which is available on the fliqa.io website, as well as all other conditions, policies and other information about the services.
1.7 In addition to the General Terms and Conditions, the Privacy Policy published on website fliqa.io also applies to users.
2. DEFINITIONS
2.1 The following words or phrases, when used in these General Terms and Conditions or any document referred to therein, have the following meanings:
Business Day means a day determined by Fliqa on which Fliqa participates in the execution of a payment transaction and performs the necessary activities for such payment transaction. Fliqa may establish different business days to provide different services and/or to carry out different payment transactions. Unless otherwise stipulated in the contract or its annexes, Fliqaja working day means a day other than a Saturday or Sunday or other public holiday determined by legal acts of the Republic of Slovenia;
Member State means a Member State of the European Union (EU), the European Economic Area (EEA), as well as Monaco, San Marino and Switzerland.
Unique identifier means a combination of letters, numbers or symbols assigned to the payment service user by the payment service provider and required to be provided by the payment service user in order to unambiguously identify another payment service user and/or the payment account of that other payment service user for a payment transaction. A unique identifier can be an individual IBAN;
Payment transaction means the deposit, transfer or withdrawal of funds initiated by or on behalf of the payer or by the payee, irrespective of the underlying obligation between the payer and the payee;
Payment Order means an instruction by which the User requests the execution of a payment transaction;
Payment account means an account opened in the name of a user that is used for the execution of payment transactions;
A payer is a natural or legal person who initiates a payment transaction by issuing a payment order or by obtaining consent to the execution of a payment order issued by the payee;
“Agreement” means this Framework Agreement and its Appendices, if any;
Contracting Party (Party) means Fliqa or the User;
Payment service provider maintaining the User’s account means a payment institution or other financial institution (e.g. bank) with which the User has an open payment account that is accessible via the Internet;
KYC procedure means the process (know-your-customer) by which Fliqa collects and verifies all necessary user data in accordance with ZPPDFT-2;
A consumer is a natural person who enters into a contract for purposes outside the sphere of his or her commercial or professional activity;
Payee means a natural or legal person who is the intended recipient of funds that have been the subject of a payment transaction;
Commission means the fee (fee) payable to Fliqa for a Payment Transaction and/or related payment services and services linked to or related to the Account;
SEPA stands for Single Euro Payments Area. It allows customers to make and receive payments in euro, according to uniform rules and procedures, within or outside national borders, under the same basic conditions and with the same rights and obligations, regardless of their geographical area.
Services means the services provided by Fliqa under this Agreement;
Payment Initiation Service (PIS) means a payment initiation service as defined in the ZPlaSSIED and in these General Terms and Conditions and is a service for initiating a payment order at the request of a payment service user in relation to a payment account opened with another payment service provider;
Account Information Service (AIS) means the payment service of providing account information as defined in the ZPlaSSIED and in these General Terms and Conditions;
Third Party means any natural or legal person, other than the Contracting Parties;
Foreign State means a State which is not a Member State;
Strong Customer Authentication (SCA) measures mean identity verification based on the use of two or more elements that are classified as knowledge of the user (something that only the user knows), ownership (something that only the user has) and inherent connection with the user (something that the user is) and are independent of each other, since the error of one does not compromise the reliability of the others and are designed in such a way, to protect the confidentiality of authentication data;
User means a natural or legal person who uses or has requested the use of the services provided by Fliqa;
User Account means the User’s account or profile in the Fliqa system;
Confidential information means any information that is marked as “Confidential” or “Protected” or is reasonably expected to be or will be confidential depending on the context of disclosure or the nature of the information; including, without prejudice to the above general definition, business plans, data, strategies, methods, user lists, technical specifications, transaction data and user data, all shall be considered confidential;
ZPlaSSIED means the Act on Payment Services, Electronic Money Issuance Services and Payment Systems;
ZPMLT-2 means the Prevention of Money Laundering and Terrorist Financing Act.
3. APPLICATION OF THE GENERAL TERMS AND CONDITIONS
3.1 In addition to these Terms and Conditions and all their amendments, the relationships relating to the provision of services are also governed by laws and other legal acts of the Republic of Slovenia, the Price List and other annexes signed by the parties, as well as the principles of fairness, fairness and legality, especially in relation to the provision of payment services.
3.2 These Terms and Conditions set out the main terms and conditions that apply between the User and Fliqa when the User registers in the Fliqa system and/or uses the services provided by Fliqa in accordance with these Terms and Conditions.
3.3 When signing up for the service, the user expressly confirms that he knows the content of these terms and agrees with them.
3.4 The User has the right to request from Fliqa at any time a copy of these Terms and all other documents that are part of the contractual relationship, in paper form or on another durable medium. The General Terms and Conditions are always published on the website fliqa.io.
4. SERVICES PROVIDED BY FLIQA
4.1 Fliqa offers users a payment initiation service (“PIS”) and an account information service (“AIS”). These are payment services as defined in the ZPlaSSIED and in the Payment Services Directive (PSD2). Fliqa is a registered payment institution authorized to provide payment initiation and account information services.
4.2 Fliqa may only provide services for payment accounts that can be accessed online.
4.3 The basis for using Fliqa services is that Fliqa can access the user’s payment account. The payment account must be active and opened in the name of the user with the payment service provider that maintains the account (bank or other payment institution) to which the user has access via the Internet (payment account). A contract is concluded between the user and the provider for the use of the payment account. Fliqa may enable the provision of services only if the user gives explicit consent to gain access to the payment account and only for the purpose of providing Fliqa services. Fliqa may only provide services in relation to payment accounts for which the User has given explicit consent.
4.4. When the User wishes to use the Service, i.e. initiates a payment or seeks to obtain account information, and if such activity legally requires the User’s explicit consent or if Fliqa deems it appropriate, Fliqa will only allow the User to continue such activity if the User gives consent or reconfirms the consent that he or she has previously given.
4.5 To the extent that the data processed by Fliqa by gaining access to the user’s payment account are considered personal data within the meaning of the GDPR, the explicit consent given through the procedure described in the previous paragraph shall be deemed to include the explicit consent of the users for Fliqa to process the user’s personal data. Before using the Fliqa services, the user must give explicit consent, which is given voluntarily, specificly, informedly and unambiguously, as required by law and is part of the fliqa process.
4.6 For the use of Fliqa services by the user, Fliqa will process only the personal data necessary for the provision of the services and only with the explicit consent of the user, as specified in the previous paragraph. More information on the processing of personal data by Fliqa can be found in the Privacy Policy, which is available at fliqa.io. Fliqa processes and stores personal data, account data, personal security elements, authentication data, sensitive payment data or any other information or user data to which it gains access in the process of providing services and processes it in accordance with its obligations under the ZPlaSSIED, the Personal Data Protection Act (ZVOP-2, GDPR and all other applicable legislation.
4.7 The User may at any time revoke the consent given to Fliqa for the provision of payment services in relation to the payment account by continuing the consent revocation procedure designed by Fliqa for this purpose.
4.8 Fliqa keeps log files to monitor consents given and withdrawals of consents obtained in relation to users’ payment accounts.
5. ACCOUNT INFORMATION SERVICE (AIS)
5.1 Fliqa provides the user with the service of providing enriched information on payment accounts – AIS (Account Information Service) and provides the user with functionalities and tools for tracking and managing personal finances.
5.2 After the successful registration of the user, Fliqa obtains data on the balance and transactions on the payment accounts (accounts) from the bank or other payment institution with which the user has an open payment account(s) at the request of the user and after confirming the validity of the login data.
5.3 Fliqa processes the obtained data for the purpose of consolidation and comprehensive presentation of the user’s payment transactions (e.g. cost categorization, transfer detection). An overview of account information is available to the user via the Fliqa AIS portal.
5.4 The User can start using the Account Information Service (AIS) by registering for the use of Fliqa services on the website fliqa.io (Fliqa AIS portal).
5.5 The Account Information Service allows users to:
- access to data relating to payment accounts (account data) and an overview of the information in a consolidated form, with the possibility of editing and using various tools; and
- where appropriate and with the explicit consent of the user, sharing this account information with merchants or other third parties.
5.6 Fliqa allows the user to:
- combining payment account data from several banks and preparing a report via a web interface;
- sharing data (reports) with the merchant or another third party (which will be used to provide the service for which the user has signed up (for example, a credit assessment service); and/or
5.7. After accepting the General Terms and Conditions, Privacy Policy and other statements, the user is redirected to a page in the application or on the Fliqa website, where they can:
- give explicit consent to the use of the service by clicking continue;
- select the bank and payment account you want to connect to; and
- selects the account information they wish to access through the Fliqa service and shares them with merchants or other third parties as necessary.
5.8 After completing the steps from the previous paragraph, the user must authenticate (confirm authentication) with their bank.
5.9 For the purpose of providing services, at the explicit request of the User, Fliqa shall connect directly or through partners who are authorised to provide account information services and/or have established links to banks/payment institutions, with the bank or other payment institution with which the User has opened a payment account.
5.10 Once the user’s bank or payment institution confirms that authentication (authentication) has been successfully completed and provides the account information, Fliqa will:
- provide the account data obtained in this way and display it to the user through a web interface; and/or
- provide this account information to merchants or other third parties in accordance with the above provisions, if access to the account has been granted for this purpose or the user has given consent/instruction to share the data with the merchant or other third parties;
- provide other services and functionalities for the enrichment of payment data provided by the Fliqa application and/or web interface.
5.11 The Fliqa AIS user portal can be accessed via a web interface on supported devices (PC, etc.). Information and a link to the web interface are available on the website fliqa.io. The terms of use of the Fliqa web interface are available on the website www.fliqa.io.
5.12 The account information obtained and shared may include the user’s personal account information (such as first name, last name), transaction history, transaction amounts and descriptions, account name and number, currency, account balance, possible limit balance, payment due dates, and other transaction information. Fliqa does not collect sensitive payment information associated with the user’s payment accounts. Transaction data will provide a snapshot of the balance on the date and time when the user provided access to their payment accounts.
5.13 As part of the provision of the service, Fliqa never stores or has access to the actual login data of the user. Upon confirmation of the validity of the login data, the bank or payment institution automatically transmits the data on the balances and transactions on the payment accounts, which Fliqa displays to the user.
5.14 The consent to access the payment account(s) must be renewed by (re)authenticating or authenticating with the bank at least every 180 days and each time the user wishes to access and/or share account data other than account balance data or transactions made in the last 180 days.
5.15 For the provision of AIS services, Fliqa charges the user the cost of services as defined in the Price List of Services, which is an annex and an integral part of these General Terms and Conditions. The user is informed that the bank may also charge fees related to the use of services in accordance with the bank’s terms and conditions.
5.16 Fliqa will not use, access or store any data for any purpose other than for the operation of the AIS service as defined in these General Terms and Conditions and for the services expressly requested by the user.
5.17 Any additional service not governed by these Terms may be subject to separate terms and conditions available on the website fliqa.io.
6. PAYMENT INITIATION SERVICE (PIS)
6.1 Fliqa provides the User with a Payment Initiation Service (PIS) and provides a service for initiating a Payment Order at the request of the Payment Service User in relation to a payment account opened with another payment service provider.
6.2 Initiating a payment order means that Fliqa instructs the bank or payment service provider with which the user has an open payment account to execute the payment transaction on behalf of the user.
6.3 For the execution of payment transactions, the terms and conditions of the bank or payment service provider with which the user has an open payment account apply. Fliqa is responsible for transmitting the payment order, and the user’s bank is responsible for executing the payment transaction.
6.4 The user’s consent is required for the execution of payment transactions. Fliqa redirects the user to the bank, where the user performs authentication (authentication process) and confirms the payment. Fliqa does not receive, nor store, the user’s security data used in the authentication process.
6.5 The User may use the PIS service at merchants and other third parties who have concluded a contract with Fliqa for the provision of PIS services and enable the payment of goods and services through the Fliqa PIS system (“pay by bank”). Merchants who enable the sale of goods and services through the Fliqa PIS interface have a label with the Fliqa symbol (or “pay by bank”) on the website. Merchant payments are made as payment transactions in accordance with these terms and conditions.
6.6 The PIS service allows the user to order the payment of goods or services from their payment account at the merchant, through the PIS interface of Fliq. After the User submits a payment request via the PIS interface, Fliqa forwards the User’s payment order to the bank or other payment service provider with which the User has an open payment account in order to make the payment or payments from the User’s selected payment account to the selected recipient/merchant.
6.7 After submitting a payment request via the Fliqa PIS interface, the user is redirected to a page in the application or to the merchant’s website, where the user:
- gives explicit consent to the use of the Fliqa PIS service by accepting the General Terms and Conditions and the Privacy Policy and clicking “continue”;
- the user confirms the payment information (recipient, amount, currency, etc.) by confirming the payment order filled in by Fliqa as instructed by the user;
- the user selects the bank and payment account from which he wants to make the payment;
- instructs Fliqa to initiate the payment of the selected amount to the selected recipient, the payment details are displayed to the user before the payment is confirmed and after the transaction has been made;
6.8 The consent referred to in the previous paragraph, given by the User in accordance with these General Terms and Conditions, is a “one-time use” consent to initiate a one-time payment transaction. If the user wants to use the PIS service again with the same or another merchant, the process starts again and must provide a new consent and instructions for a new payment.
6.9 After completing the steps from the previous paragraph, the user must authenticate (confirm authentication) with their bank.
6.10 For the purpose of providing services, at the explicit request of the User, Fliqa shall connect directly or through partners who are authorised to provide account information services and/or have established links to banks/payment institutions, with the bank or other payment institution with which the User has opened a payment account.
6.11 Once the user’s bank or payment institution confirms that authentication (authentication) has been successfully completed and the payment order has been confirmed at the same time, the bank or payment institution will make the payment in accordance with the user’s instruction and transfer the funds to the merchant’s account.
6.12 Fliqa informs the user about the success of the transaction and displays the payment receipt. The successful initiation of a payment order is confirmed by Fliqa together with the transaction identifier, which contains all the data confirming the identification of the payment transaction, including the amount of the payment transaction, the day and time of the payment, the data on the payee and other data.
6.13 Fliqa accepts payment requests from users 24 hours a day, every day of the year.
6.14 After confirming the payment with the bank, the user’s funds usually leave the payment account immediately, and no later than within two hours. The speed of payment processing depends on the payment service provider with which the user has a payment account. The bank or payment institution (and not Fliqa) is responsible for the execution of the payment transaction.
6.15 The User may not revoke the consent given for the ordered payment order after the User has given consent to a specific payment order, as specified in these General Terms and Conditions. After giving consent and confirming the execution of the payment, the bank irrevocably executes the payment transaction.
6.16 Fliqa does not charge the User a fee for the provision of the Payment Initiation Service (PIS). The User shall be charged a fee for the payment or fee in connection with the use of the payment initiation service (if applicable) by the bank or payment service provider with which the User has opened a payment account, in accordance with the terms and conditions of the User’s bank.
6.17 Fliqa is not responsible for any problems or malfunctions of the service, if it is related to the bank’s functionalities.
6.18 Other general merchants and the terms and conditions of your payment account also apply to the provision of the PIS service. The merchant and the bank may have separate general terms and conditions and data protection rules that apply when using their services.
7. GENERAL PROVISIONS ON USER REGISTRATION AND IDENTIFICATION
7.1 Before starting the implementation of AIS services, the user must complete the procedure for registering and opening a Fliqa user account.
7.2 Mandatory data for user registration for the AIS service are:
- full name (first and last name),
- Mobile phone number (MSISDN),
- E-mail address.
7.2.1 The user registers with his mobile phone number (MSISDN), which must be confirmed by entering a one-time password received in an SMS message. The email address provided is also verified and verified.
7.2.2 The user’s profile is uniquely associated with the email address provided during the registration process.
7.2.3 Before successful registration, the user must accept the General Terms and Conditions.
7.2.4 The user is assigned a unique identification number (user ID).
7.2.5 After registration, a user profile is created for the user and gains the ability to use AIS services.
7.3 If it is necessary for a particular type of service, the user must go through the identification and verification process and upload all the required documents before starting to use the services.
7.4 The scope of information to be provided depends on the Fliqa service that the user wishes to use and is determined by Fliqa’s internal acts, taking into account the applicable legislation.
7.5 The user is informed and agrees that Fliqa has the right to request the user to provide original documents and/or copies of documents certified by a notary or other person, or certified by a specific country.
7.6 In order to ensure the identification of the User or to perform other necessary tasks, Fliqa has the right to require the User to complete a specific KYC process or to perform an identification and verification process through any partner used by Fliqa.
7.7 The user confirms that all data provided during registration are correct and up-to-date. During the ongoing business relationship, if there are any changes in the data provided, the user is obliged to provide updated data as soon as possible, but no later than 5 (five) working days after the changes.
7.8 When the user reads the valid version of these terms, the user ticks the appropriate “checkbox” by pressing “yes”. If the user decides to press “no” or not tick any checkbox, it means that the contractual relationship between the company and the user has not been concluded.
7.9 Fliqa has the right to refuse the registration of a new user without giving reasons, but Fliqa guarantees that the refusal of registration will always be based on important reasons that the company does not need or does not have the right to disclose.
7.10 Once the documents and information provided by the user have been verified by Fliqa and there is no basis that could lead to a refusal to provide the service in accordance with the applicable law, the user is entitled to start using the services provided by Fliqa.
7.11 Fliqa does not allow users residing in countries where there is an increased or high risk of money laundering or terrorist financing to use Fliqa services. The list of high-risk countries which, according to international organisations, do not have adequate legislation, or do not fully implement it, or are associated with other risks that may affect the effectiveness of the fight against money laundering and terrorist financing, is published by the Office for the Prevention of Money Laundering. The list is published at: http://www.uppd.gov.si/.
7.12 If the KYC process reveals to the user that the user is a citizen, or has permanent or temporary residence in a country on the list of increased or high risk of money laundering and terrorist financing, Fliqa reserves the right to terminate the contract.
8. USE OF SERVICES AND WARRANTIES
8.1 The User is obliged to use the Fliqa Services in accordance with these Terms and Conditions, the Price List and all other terms and instructions that are publicly published and available on website fliqa.io and in accordance with the applicable regulations. The User is obliged to use the Services in a manner that is consistent with the purpose for which Fliqa provides the Services.
8.2 In the event of a violation, the user (violator) is liable to the company and third parties for all damage caused, and Fliqa has the right to prevent the user from further use of all services.
8.3 The user who allows the use of his mobile phone to other persons is solely responsible for the damage that would arise as a result of such actions.
8.4 With regard to the Services, Fliqa expressly guarantees that:
- provides services only on the basis of the user’s explicit consent;
- the user’s personal security credentials are not accessible to parties other than the user and the issuer of the personal security credentials and are communicated by the account information service provider through secure and efficient channels;
- prove his/her identity with the payment service provider that maintains the user’s account and communicates securely with the account servicing payment service provider and with the user in accordance with the regulatory technical standards laid down;
- access only the information of specific payment accounts and related payment transactions;
- does not require sensitive payment information associated with payment accounts;
- does not use, access or store the data for any purpose other than the provision of services explicitly requested by the user in accordance with data protection regulations.
8.5 he Company strives to provide the highest quality of services, but cannot guarantee the uninterrupted availability of the Services and the reliability or accuracy of the information displayed to the User within the Services. The User is responsible for verifying the correctness and accuracy of the information displayed within the Services.
8.6 The Company shall not be liable for damages incurred by the User or third parties due to the unavailability of the Services, incorrect or inaccurate information or non-functioning functionalities within the Services.
8.7 The user is aware that the services may be subject to geographical restrictions and depend on the partners of the company and the user’s bank, as a result of which some services may not be accessible to users.
8.8 The User uses the Services at their own risk.
8.9 The user warrants that:
- will use the Services only for permissible purposes that are in accordance with the General Terms and Conditions and other relevant laws and customs.;
- is the holder of a user account within the Company’s services and the holder and user of a payment account with a payment institution and has the right and/or authority to enable access to and processing of relevant information or the provision of Fliqa services;
- is responsible for the protection of personal data created or used to access the Services, such as usernames and passwords for accessing the user account within the Services and/or for accessing the payment account within the payment institution;
- is legally capable and has all the necessary powers to enter into a legal relationship with the Company in accordance with the General Terms and Conditions;
- will immediately notify the Company of any detection of any misuse or unauthorized use of the Services or security vulnerability on the podpora@fliqa.io;
- not to use the Services for illegal purposes or in an impermissible manner;
- not to carry out or attempt to carry out any automated use of the Services;
- provide correct, accurate and complete information;
- not to modify in any way (e.g. by reverse engineering, etc.) the software code and/or equipment that can be accessed through the use of the Services;
- independently and carefully verify the accuracy of the information displayed within the Services.
8.10 The Company reserves the right to immediately terminate the User’s access to the Services in the event of a suspicion of use that is not in accordance with the previous paragraph, of which it shall notify the User. The Company shall not be liable for any damage incurred by the User as a result of such termination.
8.11 Unless otherwise stipulated by applicable law, Fliqa shall not be liable for any damage incurred by the user due to the use of the services. This includes, but is not limited to, lost profits, damage to reputation or any other material or non-material damage.
9. COMPENSATION FOR THE USE OF SERVICES PROVIDED BY FLIQA
9.1 Fliqa charges fees in respect of its Standard Services in accordance with these Terms and the price list attached to these Terms and Conditions and shall be deemed to be an integral part of these Terms.
9.2 Fliqa charges the User a fee for additional services that are not specified in these Terms and/or in the Price List and informs the User thereof before the User starts using such services.
9.3 Unless otherwise stated, commissions are expressed in euros.
9.4 In the event that the currency in which the payment transaction is placed is different from the currency in which the account is debited, the conversion of these currencies shall be carried out in accordance with the procedure established by Fliqa and published on the Fliqa website fliqa.io.
10. COMMUNICATION BETWEEN THE USER AND FLIQA
10.1 The person who becomes a user of Fliqa acknowledges and accepts that all communication, including personal communication between Fliqa and the user, is conducted in English, unless otherwise agreed by the parties. All communication and information on any changes in services and prices and other relevant information shall be provided in English, unless otherwise agreed by the parties.
10.2 The information is provided to the User in person or by public announcement:
- The information may be provided to the user in person via the web interface, or sent by post to the address of the user’s registered address, or by e-mail provided at the time of registration, or by call, or by SMS, using the telephone number provided during the registration process and through other telecommunication instruments, including electronic means;
- The information may be published on the website fliqa.io. Fliqa sends the user a notification of the newly uploaded information via the web interface or in another way (e-mail, SMS, etc.). Publicly published data are considered to have been properly provided to the user, except in cases of mandatory requests from the Republic of Slovenia and/or cases where Fliqa is obliged to notify the user in person.
10.3 The User confirms that all communication between Fliqa and the User takes place in person and in particular through the web interface and e-mail provided during the process of opening a payment account. The disclosure of all information by the site through the web interface and via e-mail means that the relevant information is correctly and effectively transmitted to the user.
10.4 Data published on the Fliqa website or web interface shall be deemed to have been duly delivered on the date of publication of such information.
10.5 The User agrees that Fliqa may, with the help of available technical means and with prior notice, record all ongoing communication between Fliqa and the User and archive all records and copies of all information and documents that Fliqa will receive from the User or a third party. The user agrees that Fliqa may use this information at any time for the purposes set out in these terms and conditions or to ensure compliance with regulatory requirements.
10.6 The User has the right to obtain information about these Terms and Conditions, as well as about the contract itself, in paper form or on any other durable medium on which Fliqa can appropriately provide such information.
10.7 Should the User wish to contact Fliqa due to concerns regarding these Terms, the User may contact Fliqa via in-app support or the info@fliqa.io email address. Fliqa will try to solve all the problems that users have when using the services. Fliqa will respond to the question no later than 15 (fifteen) business days after receipt of the User’s message, unless the problem is of a “simple” nature and can be resolved within 1 (one) business day from the date of receipt of the message. Fliqa will notify the user if exceptional circumstances occur, in which case it may take up to 30 (thirty) business days to deal with the user’s problems.
10.8 The Contracting Parties shall inform each other without undue delay of any changes to their contact details. At the request of Fliqa, the user must submit all relevant new documents proving that the contact details have or have not changed. Failure to comply with this obligation means that the notification sent on the basis of the most recent contact information available to Fliqa has been correctly delivered and any obligation fulfilled in accordance with such contact information has been duly fulfilled. The User confirms that Fliqa has the right to inform them of the change of their contact details by making a public announcement and/or by sending such information via the e-mail provided during the process of opening a payment account.
10.9 The parties must immediately inform each other of any circumstances that may be relevant for the proper performance of the business relationship.
11. AMENDMENTS AND CHANGES TO FEES, CONTRACTUAL CONDITIONS AND TERMS OF SERVICE
11.1 By registering and using the Services, the User guarantees that he has read, understood and accepted the General Terms and Conditions.
11.2 The Company reserves the right to change the General Terms and Conditions. The User will be notified of any change to the General Terms and Conditions in a timely manner. The amended General Terms and Conditions will never apply retroactively.
11.3 Fliqa has the right to change the General Terms and Conditions, applicable prices and fees and/or terms of service by offering the User the amended terms and conditions at least 60 (sixty) calendar days, prior to the entry into force of these changes. Fliqa has the right to change these Terms and Conditions, the applicable prices and commissions and/or the Terms of Service by personally offering the amended Terms and Conditions to the User via the web interface or e-mail specified in the process of opening the Payment Account at least 60 (sixty) calendar days prior to the entry into force of these changes.
11.4 The user has the right to accept the proposed changes or reject them.
11.5 If Fliqa does not receive any notification from the User of any objection within the period specified in clause 11.2, the User shall be deemed to have accepted the changes and these changes shall take effect on the effective date. If the user agrees with the changes, applicable prices and fees and/or terms of service, then the user is not entitled to subsequently submit an objection and/or claim regarding the content of such changes. The User’s continued use of the services is considered as consent to the amended General Terms and Conditions.
11.6 The User has the right to terminate the contract immediately and at no cost upon receiving information about changes to the Terms and Conditions, but must do so before any anticipated changes take effect. If the User does not exercise his right to terminate this Agreement by the date on which such changes take effect, the User shall be deemed to have accepted the changes to the Terms and Conditions.
11.7 Termination of this Agreement in accordance with clause 12.5. It does not release the User from obligations arising before the date of termination of this Agreement.
12SECURITY AND CORRECTIVE MEASURES
12.1 The User is responsible for the security of the devices used to log in to the Fliqa systems (via the web interface) and must not leave them unattended, or in public places, or otherwise easily accessible to third parties.
12.2 It is recommended to update software, applications, antiviruses, browsers and other programs in a timely manner.
12. 3 The user is encouraged to protect the devices with passwords, PINs, facial recognition, or other security instruments.
12.4 It is recommended that the user handle the received emails with caution, even if Fliqa is listed as the sender. Fliqa will never ask the user to download attachments or install software. Attachments to harmful emails can contain viruses that can harm devices or compromise the security of a user’s account.
12.5 It is not recommended to click on unknown links, open unknown documents, install software or applications from unknown and unreliable sources, or visit unsafe websites.
12.6 As soon as the User becomes aware of the misuse or fraudulent use of the device used to access the Fliqa Services, the User must immediately notify Flqa via the web interface and by sending an email to Fliqa.
12.7 If the User notices suspicious activity and believes that third parties may have logged into their User Account to use the Services, the User must:
- notify Fliq immediately in the manner set out in this section;
- For further use, the user must change the password and use other additional confirmation instruments.
12.8 In addition to the provisions of paragraph 8.10, Fliqa has the right to block the User (suspend or partially suspend the provision of services) in the following cases:
- in the case of objectively justified reasons related to security or alleged unauthorized or fraudulent use of the Services;
- in the event that the user does not comply with the General Terms and Conditions;
- in other cases provided for by the applicable legislation of the Republic of Slovenia.
13. CONFIDENTIALITY AND PERSONAL DATA
13.1 During the term of these Terms and Conditions, each Party may use and reproduce the Confidential Information of the other Party only for the purposes of this business relationship and only to the extent necessary for that purpose, limiting the disclosure of the Confidential Information of the other Party to its employees, consultants or independent contractors, who have a need to know such information and will not disclose such Confidential Information of the other Party to any third party without prior written notice the consent of the other party.
13.2 Notwithstanding the foregoing, neither Party shall be in breach if it discloses the confidential information of the other Party if required to do so by law or judicial or administrative process.
13.3 The obligation to protect confidential information does not apply to information that:
- They are public or have become public knowledge through no fault of the other party;
- They are known without restriction to either Party before it has received them from the other, from its own independent sources, as evidenced by the written records of that Party, and which it has not obtained directly or indirectly from the other Party;
- It is received by either Party from any third party in respect of which that Party considers that it has a legal right to transmit such information and is not obliged to keep such information confidential; or
- information independently developed by employees or contractors of a Party, provided that either Party can demonstrate that those same employees or contractors did not have access to confidential information received under this Agreement.
13.4 The User agrees that Fliqa will manage their personal data for the purpose of providing services to the User and exercising other responsibilities in accordance with this Agreement and regulatory requirements. Fliqa guarantees the security of personal data received during the duration of the business relationship. Personal data is used to the extent necessary for the provision of services. The above-mentioned personal data may not be disclosed to third parties without the consent of the data subject, except in cases provided for by applicable law or these terms and conditions.
13.5 The main principles of personal data processing, the retention period and other issues are set out in the Fliqa Privacy Policy, which is available on the Fliqa website. The User confirms that he has read the Fliqa Privacy Policy and will comply with all the terms and conditions set out in this policy.
13.6 Fliqa will process personal data in accordance with the General Data Protection Regulation (GDPR), the Privacy Policy, these Terms and any user consents, which also provides information on the handling of Fliqa’s personal data and the rights of users in relation to the processing of their personal data.
13.7 The set of necessary information that Fliqa usually processes when concluding a contract or identifying a customer depends on the type of identification procedure and services that will be used.
13.8 In cases where Fliqa requires additional information to comply with its obligations under the APMLTF-1 or to implement measures related to the prevention of money laundering and terrorist financing, it may also request other information from the user, his authorized representative or legal representative.
13.9 Fliqa will process data for the duration of the contractual relationship with the User until the fulfilment of all obligations arising from the contractual relationship and for the period specified in the ZPMLT-1 and other regulations.
13.10 Fliqa stores such data for at least 10 years from the date of termination of the business relationship.
13.11 In cases where the provision of services requires the transmission of data, Fliqa may transfer data to other participants in the provision of services.
13.12 Fliqa processes and stores personal and other user data and transaction data in accordance with these Terms and the Privacy Policy.
14. VALIDITY, DURATION AND TERMINATION OF THE BUSINESS RELATIONSHIP
14.1 The legal relationship between the user and Fliqa is established with the user’s consent to the General Terms and Conditions and is valid until it is terminated in accordance with the General Terms and Conditions by the company or the user.
14.2 Unless otherwise agreed in writing, the business relationship is concluded for an indefinite period of time.
14.3 The User may terminate this Agreement at any time with notice and at least 30 (thirty) days’ notice.
14.4 Fliqa may terminate this Agreement with notice to the User and 60 (sixty) days’ notice.
14.5 Fliqa may terminate this Agreement with notice to the User and 60 (sixty) days’ notice if the User has not made any payment transactions for more than 12 (twelve) consecutive months. Prior to waiving such legal provision, Fliqa must notify the user of such intention in advance.
14.6 The contract may be terminated at any time on the basis of the agreement of the Contracting Parties.
14.7 Fliqa may terminate the contract immediately (without notice) if it has reasonable grounds to suspect or determine that the User:
-
- violates applicable laws and regulations, including those related to money laundering or terrorist financing;
- has provided Fliqa with false or misleading information or documentation, failed to provide documents and information related to your account and use of the Services, or failed to update such documents and information;
- uses the Services to perform or receive payments for prohibited or related activities, or;
- otherwise uses the Services for malicious, illegal or immoral purposes.
14.8 If permitted by applicable laws and regulations, Fliqa will inform the user as soon as possible of the reasons for terminating the contract.
14.9 Upon termination of this Agreement, the User will receive – in paper form or on another durable medium – a breakdown of all payment transactions that have been made throughout the duration of this Agreement, up to 36 months prior to the date of termination.
14.10 The termination of this contract shall not release the parties from settling their obligations arising from the period prior to the termination of the contract.
15. PROTECTION OF USER RIGHTS AND DISPUTE RESOLUTION PROCEDURE
15.1 Disputes between Fliqa and the user are primarily resolved through negotiations.
15.2 In the event that the dispute cannot be resolved through negotiations, the User may file a complaint by post or e-mail, stating the User’s name, contact details and relevant information that would indicate why the User reasonably believes that Fliqa has violated the contractual or legal rights and interests of the User while providing the Services to the User. The user may add other available evidence that justifies the need for such a complaint. If the user wants to file a formal complaint, he does so by sending it to the address pritozbe@fliqa.io.
15.3 Upon receipt of the User’s complaint, Fliqa acknowledges receipt of the complaint and indicates the deadline within which it will submit a response. In any case, the deadline for submitting a response may vary, as it directly depends on the scope and complexity of the complaint submitted, however, Fliqa will make every effort to provide the User with a response as soon as possible, and in any case no later than 15 (fifteen) business days. If Fliqa is unable to provide a final response within 15 (fifteen) business days, Fliqa will notify the user and indicate the deadline within which the response will be sent, but the deadline may not exceed 30 (thirty) business days. Complaints submitted by the user are resolved free of charge.
15.4 If the User who is a consumer does not agree with the decision on the complaint issued in the internal complaint procedure, or if the User does not receive an unjustified response to the complaint within 30 days of filing the complaint with the second-instance body of Fliqa, the User may send the complaint to the local consumer office within six months of the final response by the Company or the expiry of the response period. Further information regarding the appeal procedure is available at: https://ec.europa.eu.
15.5 If the User does not agree with the decision on the complaint issued in the internal complaint procedure, or if the User does not receive an unjustified response to the complaint within 30 days of filing the complaint with the second-instance body of Fliqa, he may file an initiative for out-of-court settlement of consumer disputes with Attorney Simona Goriup (Miklošičeva cesta 26, 1000 – Ljubljana, goriup.si) against the decision of Fliq, in the manner determined by the Rules of the Out-of-Court Dispute Resolution Procedure applicable from time to time, which are an annex to the aforementioned Rules on Internal Complaint Procedure and Out-of-Court Dispute Resolution and are available to the user on the Fliq website. More information about the provider of Out-of-Court Dispute Resolution, how to file an initiative and about the method and procedure of Out-of-Court Dispute Resolution with Attorney Simona Goriup is also available on the website of attorney-at-law https://goriup.si/irps/, http://goriup.si/wp-content/uploads/2016/06/Pravila-postopka-IRPS.pdf).
15.6 The User may also file a complaint regarding alleged violations of the ZPlaSSIED by Fliq with the Bank of Slovenia.
15.7 Despite a complaint with an out-of-court consumer dispute resolution provider or the Bank of Slovenia, the User has the right to file a lawsuit for the resolution of a dispute related to the provision of payment services between the User and Paywiser at any time with the competent court of the Republic of Slovenia in accordance with the laws and procedures in force in the Republic of Slovenia.
16. FINAL PROVISIONS
16.1 The Terms and Conditions are drawn up in accordance with the law of the Republic of Slovenia, in particular on the basis of the provisions of the ZPlaSSIED.
16.2 The law of the Republic of Slovenia applies to the interpretation of the legal relationship between the user and the company.
16.3 The user is also a subject of rights arising from consumer protection regulations and other mandatory provisions of Slovenian law.
16.4 These terms and conditions are published on the fliqa.io website, and are also accessible through the Fliqa web interface.
16.5 Should any part of the General Terms and Conditions be found to be invalid or unenforceable at the discretion of the court, such invalid provision shall be applied in the broadest possible form and in terms of the purpose that the user and the company wished to achieve. Such a provision does not affect the validity of the remainder of the General Terms and Conditions.
16.6 For any questions related to the General Terms and Conditions, please contact info@fliqa.io.
16.7 The Company, its contractual partners or third parties are the holders of all intellectual property rights in the context of the provision of services. These General Terms and Conditions do not transfer or otherwise dispose of the intellectual property rights of the company.
16.8 Unless expressly stated otherwise, the General Terms and Conditions do not grant the user any rights or licenses in relation to the intellectual property rights of the Company, which includes in particular, but not exclusively, trademarks, domains or other characteristics of the trademark, as well as in relation to copyright works or other intellectual property rights of the Company, regardless of whether it is a commercial or non-commercial use.
16.9 The User may not transfer or assign any rights or obligations held by him under this Agreement without the prior written consent of Fliq.
16.10 Fliqa reserves the right to assign or assign this Agreement and any rights or obligations under this Agreement, upon prior notice to the User in accordance with the rules and procedures set forth in these Terms and Conditions, but at least 60 (sixty) calendar days before such changes take effect. The user has the right to accept changes or reject them. If the User does not agree with these changes, he has the right to terminate this Agreement immediately and without commission until the date on which such changes are to take effect. The disagreement is communicated through the user’s account and additionally by e-mail. If the User does not exercise his/her right to terminate this Agreement by the date on which such changes are due to take effect, the User shall be deemed to have accepted the changes.
16.11 The User and Fliqa agree that all data and messages sent within the framework of electronic commerce in electronic form, as well as all data and messages stored in electronic form within the framework of electronic commerce, have the same validity and evidentiary value as data and messages sent and stored in classic written form. Fliqa and the user expressly agree that all legal transactions concluded within the framework of electronic commerce in electronic form are equivalent to those concluded in traditional written form. Fliqa and the user agree that in the context of electronic commerce, documents may be signed with electronic signatures or concluded by confirmation by an implicit action (e.g. “by click”). The User and Fliqa agree that all types of electronic signatures or confirmations by tacit conduct have the same validity and evidentiary value as a handwritten signature. Fliqa and the User agree that in the event of a litigation, they will mutually recognize the validity and evidentiary value of all types of electronic signatures and implicit acts that led to the conclusion of a business relationship. The user is aware and agrees that all documentation related to electronic commerce is stored only in electronic form.
These Terms and Conditions enter into force on 1/7/2024.
Fliqa d.o.o.
Miklošičeva cesta 26
1000 Ljubljana
www.fliqa.io
info@fliqa.io