General Terms and Conditions
Callidus Pay GmbH
§ 1 - General
- These general terms and conditions apply to all legal relationships between Callidus Pay GmbH, Büchnerstr. 12, 38118 Braunschweig (hereinafter: "Callidus") and their customers regarding the brokerage of accounts via the website www.calliduspay.com (hereinafter: "website") and the Callidus app (hereinafter: "app"). For better readability, "customer" refers to male, female and various groups of people as well as companies.
- Deviating customer regulations do not apply unless Callidus has confirmed this in writing. Individual agreements between Callidus and the customer always have priority.
- The business relationships between Callidus and the customer are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
- The customer can retrieve, save and print out these General Terms and Conditions. The text of the contract is saved by Callidus after the conclusion of the contract, but is not made accessible to the customer.
- The contract languages are German, English, Italian, Serbian, and Croatian.
- The place of jurisdiction is Braunschweig if the customer is a merchant or a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if the domicile or habitual abode is not known at the time of filing the action.
- Customers who are consumers have the option of using alternative dispute resolution. The following link from the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central point of contact for out-of-court settlement of disputes arising from online purchase and service contracts: http://ec.europa.eu /consumers/odr .
- Information obligation according to the Consumers’ Dispute Settlement Act (§ 36 VSBG): Callidus is neither willing nor obliged to participate in further dispute settlement proceedings before a consumer arbitration board.
§ 2 - Services of Callidus
- Callidus uses the app to provide customers with products from Intergiro Intl AB (publ), Box 3093, 103 61, Stockholm, Sweden (hereinafter: "Intergiro"), a licensed e-money institution that is regulated by the Bank of Sweden. In addition, Callidus offers its own services, such as participation in the Callidus franchise (see § 7) or in the Callidus cashback system (see § 8).
- Callidus can restrict access to its own services if the security of the website/app or the stored data and the maintenance ¬of operations requires it.
- Downloading the app from the App Store is free. Any natural or legal person is entitled to use the app and open an account with Intergiro. Natural persons must be of legal age and legally competent.
- Calliduspay GmbH reserves the right to change providers of BaaS (Banking as a Service) services, regardless of whether this change implies a change of IBAN, Swift/BIC, increase or decrease of current prices or functions for end users, and to automatically transfer all current users to the new BaaS provider. If this change occurs, Callidus is obliged to inform all users about it, 30 days before the change is made. If the User does not agree, he should cancel the cooperation and will not be transferred to a new BaaS provider. If the User does not cancel cooperation within 30 days, he automatically accepts continued cooperation through another BaaS provider
§ 3 - Account opening (Private Package) at Intergiro
- In order to use the app or to open an account with Intergiro, the customer must book the chargeable “Private Package” and register in the app. Registration is done by opening an account with Intergiro; for that purpose, the user must accept the fees demanded by Intergiro. The user is required to enter the requested information, in particular to enter his e-mail address and to set a password. Until the registration process is complete, a customer can correct his entries directly in the corresponding input fields using the standard keyboard, mouse and touchscreen functions.
- After the initial registration, the customer receives an e-mail from Callidus with a code to confirm the registration. A confirmation field opens in the app, in which the customer has to enter the confirmation code to complete the registration. After a successful registration by the customer, a separate contract for the use of the app (hereinafter "usage ¬contract") is concluded between Callidus and the respective customer. Callidus confirms the conclusion of the contract of use to the customer by e-mail and sends them these General Terms and ¬Conditions.
- The Private Package includes an online account with a Swedish IBAN, a physical debit card and a virtual debit card. Opening an account is possible only for customers who are of legal age, have legal capacity, and are resident within the European Union.
- The ordering of the Private Package by the customer represents the customer's offer to Intergiro to open a bank account and debit cards. The conclusion of the contract and the opening of the account only take place when Intergiro accepts this offer. Before submitting a binding order by clicking on the "Make payment" button, the customer can continuously correct all entries using the standard keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can be corrected at this point using the standard keyboard and mouse or, if necessary, touchscreen functions. In addition, the customer is required to accept these General Terms and Conditions.
- In order to open an account, the customer is required to provide various information. The requested data needs to be entered correctly. Before opening an account, Intergiro carries out a KYC check. The KYC check is a procedure to determine the identity of the customer. The KYC check takes place online and takes a few minutes. For this purpose, the customer is required to have an official identification document ready for legitimation. The account will be opened immediately following a positive KYC check; the customer then receives a confirmation with the account opening from Intergiro. Intergiro reserves the right to refuse the account opening, especially in the case of a negative KYC check.
- The contract between the customer and Intergiro is based on Intergiro's terms and conditions and the statutory provisions:
- Intergiro's General Terms and Conditions for Banking as a Service: https://www.intergiro.com/baas-terms-and-conditions ,
- Intergiro General Terms and Conditions for Merchants: https://www.intergiro.com/acquiring-terms-and-conditions,
- Intergiro General Terms and Conditions for acquiring ¬merchant cards ¬: https://www.intergiro.com/card-acquiring-terms-and-conditions ,
- Intergiro PSP Terms and Conditions: https://www.intergiro.com/psp-terms-and-conditions .
- The deadline for delivery of the debit card is 7 working days from the opening of the account and is sent directly from Intergiro to the customer.
- Callidus expressly points out that Intergiro is solely responsible for opening an account. Callidus is not involved in the conclusion of the contract between Intergiro and the customer or in the payment processing, but only provides the technical framework for arranging the account opening.
§ 4 - Duration of contract and termination of account (Private Package)
- For the duration of the contract and the termination of the account (Private Package) by the customer or Intergiro, the contractual conditions of Intergiro apply exclusively.
- The customer can also cancel the Private package in the app by clicking on the button "Cancel to Intergiro". In this case, Callidus is merely the courier for Intergiro, i.e. Callidus accepts the ¬customer's notice of termination for Intergiro and forwards it. The customer receives an immediate confirmation of receipt.
§ 5 - Prices, sales tax, payment
- The fees for the opening and the ongoing provision of the account (Private Package) and their payment are based exclusively on the agreements between the customer and Intergiro.
- The prices specified by Callidus in the app, or on the website, or in the franchise agreement apply to the services offered by Callidus itself (Callidus franchise, Callidus cashback). All prices are end prices and, unless otherwise stated, include the applicable statutory value-added tax.
- If a customer is in arrears with his payments, Callidus can demand damages in accordance with the statutory provisions.
- Callidus always issues an invoice to the customer, which is sent to the customer in text form by e-mail or can be accessed via the customer account.
§ 6 - Callidus Franchise Program
- Selected commercial customers have the opportunity to participate in the Callidus franchise program, which is subject to a fee.
- Participation in the franchise program is possible through an invitation from another customer or Callidus using an access code.
- After the invitation, the invited customer can first find out about the functions, prices and conditions of the franchise program using the access code on the website.
- If the invited customer would like to participate in the Callidus franchise program, he must conclude the franchise agreement stored in the app by clicking on the "Make payment" button. This contract and the applicable franchise manual regulate the contractual relationship between Callidus and the customer as a franchisee.
§ 7 - Callidus Cashback Program
- Each franchisee can also participate in the Callidus cashback system.
- The Callidus cashback system allows franchisees to increase their company's visibility by offering discounts on their products and services.
- Every customer who has opened an Intergiro account through Callidus can use the products and services of the franchisees participating in the cashback system at exclusive discounts.
- Precise information as well as any costs and the conditions of the Callidus cashback system is available in the respective franchise manual and the app/website.
- Participation in the Callidus cashback system takes place using a separate form.
§ 8 - No right of cancellation towards Callidus
- A possible right of revoking the account (Private Package) exists exclusively in the relationship between the customer and Intergiro, according to the instructions to be provided by Intergiro as well as the applicable legal provisions, in any case not towards Callidus.
- There is no right of withdrawal with regard to the free usage contract between Callidus and a customer, who is a consumer.
§ 9 - Conduct obligations of customers, exemption in the event of violations
- Every customer is obliged to inform Callidus immediately if there are indications that their access has been misused. Every customer is generally liable for all activities that done using his or her e-mail address or customer account.
- Each customer is obliged, unless he or she is not at fault, at his or her own expense, to indemnify, hold Callidus harmless and defend against all claims, lawsuits or lawsuits by third parties against Callidus, or its legal representatives, or vicarious agents, as well as against all associated obligations, damages, settlements, penalties, fines, costs or expenses (including but not limited to legal and other negotiation costs of a reasonable amount) incurred by Callidus or its legal representatives or agents as a result of or in connection with a breach by the Customer of these General Terms and Conditions or any applicable law, regulations or requirements in connection with the use of the app. In such event, Callidus will notify Customer in writing of any such claim, suit or lawsuit. The customer is required to participate in the defense against all claims as far as possible.
§ 10 - Suspension and Termination
- Callidus can take the following measures if there are concrete indications that a customer is violating legal regulations, the rights of third parties or these contractual conditions, or if Callidus has another legitimate interest, in particular to protect other customers:
- Admonishment (reprimand) of customers,
- Provisional, partial or permanent blocking of the customer.
- Callidus can also definitively exclude a customer from actively using the app (final ban) if he or she has provided incorrect contact details, in particular an incorrect or invalid e-mail address, if he or she causes significant damage to other customers or to Callidus, or if another valid reason exists.
- If a customer has been temporarily or permanently blocked, he is no longer permitted to use the app, not even with other accesses, or to make another request.
- In any case, Callidus reserves the right to take legal action.
§ 11 - System integrity and website disruption
- Customers are not permitted to use any mechanisms, software or other scripts in connection with the use of the app that can disrupt the functioning of the app.
- Customers are not permitted to take any measures that could result in an unreasonable or excessive load on the infrastructure.
- Customers are not permitted to block, overwrite or modify any content generated by Callidus ¬or interfere with the app in any other way.
§ 12 - Liability of Callidus
- Apart from liability for material defects or defects of title, Callidus is liable without limitation if the cause of the damage is based on intent or gross negligence. Callidus is also liable for the slightly negligent breach of essential -obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfillment is essential for the proper execution of the contract and on whose observance the customer regularly relies), but only for the foreseeable, contract-typical damage. Callidus is not liable for the slightly negligent breach of other obligations.
- The limitations of liability in the preceding paragraph do not apply in the event of injury to life, body, or health.
- If Callidus' liability is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
§ 13 - Data protection
- The collection, processing and use of customers' personal data by Callidus takes place in compliance with the applicable data protection regulations and in accordance with our data protection declaration/privacy statement.
Status: May 2023