St1 general terms and conditions for mobile application for consumers

1.    Mobile application for consumers and the scope of the terms and conditions
These terms and conditions (hereinafter referred to as “T&Cs”) shall apply to the use of the mobile application for consumers (hereinafter referred to as “App”) installed on the customer’s (hereinafter referred to as “Customer”) device. 
The App is St1 Nordic Oy’s and companies belonging to the St1 group (all hereinafter referred to as the “St1”) application offered to the Customers, and it contains benefits and services related to the customer relationship. 
Through the App, the Customer shall receive information about benefits and offers provided by St1, for example, possibly relating to St1’s customer programs and use the services such as mobile fuelling (hereinafter referred to as “Services”) provided by St1 for payment transmission and means of payment. 

2.    Registration and acceptance of the T&CSs
To benefit from the App’s functionalities and to start using the Services, the Customer must register for the App an account (hereinafter referred to as the “Account”) and verify their e-mail address. The Customer agrees to provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current, and complete.

By registering for the App, the Customer agrees to be bound by these T&Cs and confirms that they have read, understood, and accepted these T&Cs. These T&Cs constitute a binding agreement regarding the Services between the Customer and St1. By accepting these T&Cs, the Customer agrees to be fully responsible for all actions taken through the Customer’s Account in the App. The Customer shall also be responsible for all the payment transactions and other commitments performed through the App. 

Certain features of the Services, such as Direct marketing, requires that the Customer shall be at least 16 years old.

3.    Service providers
The Services are offered by St1 Nordic Oy and companies belonging to St1 group (all hereinafter referred to as “Service Providers”). St1 Nordic Oy – PO Box 68, 00521 Helsinki, Finland, telephone number +358 10 557 11. St1 reserves the right to add its own or a third-party service providers’ services to the App.
The customer service contact information are: 
In Sweden: +46 (0)771 369 369 Mon-Fri 8–17, kundservice@st1.se 
In Finland: +358 800 131 031 Mon-Fri 8–18, asiakaspalvelu@st1.fi 
In Norway: +47 22 66 50 50 Mon-Fri 8-16, info@st1.no 

Customer service is not open during public holidays.

4.    Other terms applicable to the App
In addition to these T&Cs, the full use of the Services or their features may also require separate registration or other measures, such as accepting the terms and conditions of St1’s possible customer programme or possible third-party customer programme. 

The Customer shall also consider the terms and conditions imposed by telecommunications operators, equipment manufacturers and other third parties, as these may be a prerequisite for using the App and the Services. 

5.    Payment and pre-authorisation 
The payment shall be made by credit card or debit card via Nets payment solution in the App. St1 may demand the payment for the item/service prior to it is delivered to the Customer. When the Customer uses a credit card or debit card for the payment, St1 may reserve or pre-authorise an amount for certain features, when ordering to secure the purchase price on the card. For more information and our current practices on mobile payments via the App, can be found from the frequently asked questions section on our websites. 

The Customer must have Bank ID or a mobile application provided by the Customers bank on the same device from which the purchase is made, and the Customer must be the owner of the card connected to the App to authorise the payment (via Bank ID or a mobile application provided by the Customers bank).  
The card of the Customer is charged with the actual transaction amount on the same day that the item is delivered, or the service is used. The pre-authorisation that secures the purchase price is deleted when the payment card is charged with the actual transaction amount. The card payment shall be handled by Nets. 

In markets where St1 provides electric vehicle charging (EVC) and merchant-initiated transaction (MIT) as a service, it will be considered that the Customer has given consent to MIT transactions and to the merchant collecting monthly payments based on charged amounts once the Customer begins using the specified Services. A merchant-initiated transaction (MIT) refers to any card payment transaction where the charge on the Customer’s payment method is initiated by the merchant without the Customer’s direct interaction at the time of the transaction. This process is based on a previous agreement made during an initial transaction initiated by the Customer (customer-initiated transaction, CIT), where the Customer has authorised the merchant to make future charges under specific conditions.  

6.    Responsibility for the St1 App and its contents
The Service Providers of the App retain the right to modify the App and, close it in whole or in part for justified reasons. The Service Providers are responsible for the Services produced and used via the App in accordance with the terms and conditions of the Services in question. The disruptions or interruptions in connectivity may affect the updating of information and content as well as the visibility of the App. The Service Providers shall not be responsible for any damage caused by a service produced by another service provider, and not for the uninterrupted availability of a service produced by another service provider.

The Service Providers shall not be responsible for the services or products accessed through the App’s links to other service providers’ websites or other services, nor for the marketing or other information on them. For marketing and advertising in the App, the operator who markets and advertises a product or service shall be responsible for marketing and advertising. 

7.    Development of the Services
The App is developed based on the usage history. The information in the usage history may also be used to target marketing to the Customer or to target and develop the content of the App.

8.    Processing of personal data
Provided that the necessary requirements set out by relevant and applicable legislations and regulations are met, St1 shall process personal data that the Customer enters the App. St1 may process the personal data of the Customer for the following purposes: the development of the Services, the management of customer relationships and marketing.

Electronic direct marketing requires the prior consent from the Customer. The Customer is entitled to object to the personal data processing for electronic direct marketing purposes.

When processing the data and information collected, the Service Providers comply with European Union’s General Data Protection Regulation (2016/679) (GDPR) and applicable national data protection legislation as well as other provisions on the protection of individuals. The personal data collected in the App is processed in the same way as customer data (St1 Nordic Oy). 

The processing of the Customer’s location data is essential if the Customer wishes to use the following functionality of the Services: Service Providers located near the Customer in connection with Services in the App are displayed. The use of the Customer’s location data requires the consent of the Customer, and it can be switched on and off.  

Please read more about the Customer’s rights related to personal data processing from St1’s privacy policy: 
-    St1 Sverige AB: https://www.st1.se/integritetspolicy
-    St1 Oy (Finland): https://www.st1.fi/tietosuoja 
-    St1 Norge AS: https://www.st1.no/kontakt-oss/personvernerlaering 
In the event of a disagreement regarding the processing of personal data, the Customer may contact St1’s Data Protection Officer at dataprivacy@st1.fi. If you consider that the processing of personal data relating to you infringes the GDPR, you also have the right to lodge a complaint with your local data protection authority: 

-    In Sweden, the supervisory authority is the Swedish Authority for Privacy Protection (IMY) whose contact details can be found here: Contact us (imy.se) 

-    In Finland, the supervisory authority is the Office of the Data Protection Ombudsman whose contact details can be found here: Contact information | Data Protection Ombudsman’s Office (tietosuoja.fi)

-    In Norway, the supervisory authority is the Norwegian Data Protection Authority whose contact details can be found here: Contact us | Datatilsynet

9.    Information security and safety instructions
The Customer agrees that once registered and logged into the App, the Services of the App are available for use without a new login until the Customer logs out of the App. The Customer shall carefully store their device on which they are logged into the App.  

10.    Intellectual property rights
The intellectual property rights (including but not limited to trademarks, domain names, copyrights, and patents) associated with the Services of the App and all the material and data they contain shall belong to St1 and its group companies and/or possible third parties. 

St1 shall grant the Customer a limited right of use to the Services. The unauthorised sharing, copying, reproducing, or distributing of the Services and/or material and data they contain is strictly prohibited.

11.    Updates and amendments to these T&Cs 
St1 reserves the right to update and amend these T&Cs of the App from time to time. 

In the event the amendment to these T&Cs materially modifies the rights or obligations of the Customer, St1 shall notify the Customer of the amendment, either sending the message to the e-mail address associated with the Customer’s account or presenting a pop-up window or providing other notification through the App.

Unless otherwise specified, the updated and amended T&Cs shall become effective immediately and the Customer’s continued access to and use of the App after St1’s notification shall constitute the Customer’s acceptance of such updates or amendments. In the event the Customer does not agree to the updated or amended T&Cs, the Customer must stop accessing and using the App.

12.    Warranties
The material, data and information contained in the Services are provided to the maximum extent permitted by law "as is" without any direct or indirect guarantees, including the guarantee of merchantability, non-infringement of intellectual property rights or suitability for any particular purpose. In the event the Services contain a link to a third-party website, such linking is only for the Customers who are the users of the App, and St1 has no responsibility for the content or accuracy of the material, data, or information on such a website.

13.    Limitation of liability
St1 shall not be liable for any damages, losses, or costs resulting from the use of the App or the Services or the inability to use the App or the Services, to the maximum extent permitted by law, including but not limited to indirect and consequential damages, losses, or costs, such as loss of income, loss of profit, business interruption or loss of data or information.

14.    Force Majeure
St1 shall not be responsible for any damages caused by force majeure event. Force majeure event refers to circumstances that St1 could not have foreseen at the time the Customer accepted these T&Cs and that are beyond St1’s control. Such circumstances include, for example, natural disasters, fires, floods, interruptions in payments traffic, exceptional weather conditions, equipment damage or similar damage caused by an external party, a regulation or decision issued by the authorities. 

15.    Obligation to compensate for damage
The Customer is obliged to indemnify the Service Providers for immediate damages caused by use in violation of these T&Cs or the relevant and applicable law. The liability of the Service Providers is limited to the maximum liability under the mandatory legislation.

16.     Means of the legal protection outside the court
If the Customer considers that St1 has acted in violation of these T&Cs, the Customer shall primarily contact that St1’s entity that the Customer considers having violated the T&Cs. The complaints must be made in writing and sent to the customer service email address in section 3 of these T&Cs.

In the event a disagreement regarding these T&Cs cannot be resolved through negotiations between the Customer and St1, 

-    the Customer in Sweden is entitled to take the matter further to the National Board for Consumer Disputes (ARN, PO Box 174, 101 23 Stockholm, Sweden, or via their website: Anmälan | Allmänna reklamationsnämnden (www.arn.se)).

-    the Customer in Finland is entitled to take the matter further to the Consumer Disputes Board (The Consumer Disputes Board, Hämeentie 3, PO Box 306, 00531 Helsinki, Finland or by email kril@oikeus.fi, https://www.kuluttajariita.fi/en/index.html). Before taking the matter to the Consumer Disputes Board, the consumer is obliged to be in contact with the Consumer Advisory Services (www.kkv.fi/en/consumer-advice/).

-    the Customer in Norway is entitled to take the matter further to the Norwegian Consumer Council (Norwegian Consumer Council, PO Box 463 Sentrum 0105 Oslo, Norway, or by email post@forbrukerradet.no, www.forbrukerradet.no). 

17.    Governing law and dispute resolution
In Sweden:
These T&Cs shall be governed and construed in accordance with the laws of Sweden excluding its choice of law rules. 
If a dispute cannot be resolved through negotiations, the dispute shall be primarily settled in the Stockholm District Court, or on customer demand, within the judicial district of which the Customer has their domicile or permanent place of residence.

In Finland:
These T&Cs shall be governed and construed in accordance with the laws of Finland excluding its choice of law rules. 

If a dispute cannot be resolved through negotiations, the dispute shall be primarily settled in the Helsinki District Court, or on customer demand, within the judicial district of which the Customer has their domicile or permanent place of residence.

In Norway:
These T&Cs shall be governed and construed in accordance with the laws of Norway excluding its choice of law rules. 

If a dispute cannot be resolved through negotiations, the dispute shall be primarily settled in the Oslo District Court, or on customer demand, within the judicial district of which the Customer has their domicile or permanent place of residence.

These contract terms have been drawn up in English and translated into other languages. If the language versions result in contradictory interpretations, the English language version shall prevail.

St1's general terms and conditions for mobile application for consumers last updated 1.11.2023.