Terms and conditions
Terms and conditions
“General terms and conditions” means the contract that bonsai has with you, its user. Because, when you use our App, bonsai provides services to you and collects data from you. To do so in a transparent way, we explain the rules that apply to us and to you when using the App.
The most important point here is that when you download and use the App, you agree to the rules as explained hereafter. You expressly agree that the contractual language is English and that all information will be in English (including these Terms and Conditions, the Application and all information available in the Application). And, by using the App, you agree that all communications and documents are sent by email or in another electronic way (e.g. available in the Application or on the website). If you do not agree with these terms, you cannot and should not use our App.
Who is bonsai?
Bonsai is a payment institution. Bonsai is not a bank. Bonsai does not not hold your money on an account, but it is supervised by the National Bank of Belgium because it can initiate payments for you, access your bank accounts and provide you information about those accounts.
The Belgian Law of 11 March 2018 on the legal status and supervision of payment institutions and electronic money institutions is governing our activities. And, according to European regulations, we can offer our services also in other countries of the European Union (“EU”). For the time being, we are only operating in Belgium, but we will list additional countries on our website when we extend our activities.
Bonsai NV is a Belgian public company with its registered office in Belgium, in 9050 Gent, Jules Destréelaan 63B. The company’s VAT number (and at the same time its number in the Crossroads Bank of Enterprises – KBO/CBE) is BE0 663.774.859. Our website is bonsai – the payment app that plants trees – pay back the planet (paybonsai.com).
The address of the supervisory authority is the National Bank of Belgium, Boulevard de Berlaimont 3, 1000 Brussels, Belgium.
Occasionally, bonsai sends messages through its App’s internal communication tool. This could be a notification in the App or a push message to your smartphone. These could be all kinds of notifications such as promotional campaigns or extra cashback possibilities. If you do not like receiving push messages, you can turn this feature off on your smartphone. We communicate with you in Dutch and English, please use one of those languages for contacting us at Contact bonsai for all your questions, remarks and more.
If you are older than 16 years, bonsai allows you to make and receive payments and to receive information about your bank accounts. All rights and advantages, such as cashback or rewards under a loyalty program, are strictly personal to you, our member. You cannot transfer these in any manner to another person.
The bonsai App can offer these services because you link it to your bank account. European legislation requires you to renew that link every 90 calendar days. Bonsai sends you a warning about renewing on time.
A. Registration as bonsai user
As part of your registration, you have to add a ‘Payer Account’ (bank account) and give explicit consent to:
- granting bonsai as ‘Creditor’ a so-called European Sepa Direct Debit CORE-mandate on its Payer Account (“SDD mandate”).
- to allow bonsai as your payment service provider, access to your Payer Account.
Practically speaking, you will be automatically redirected to the banking application of your bank (also called ‘ASPSP’ meaning ‘Account Servicing Payment Service Provider’). You will need to login with your bank credentials and follow the strong customer authentication procedure put in place by your bank. Once that is completed, your SDD mandate is validated and bonsai will have access to the Payer Account. In other words, that SDD mandate makes it possible for your bank (the Payer’s ASPSP) to recognize and execute bonsai instructions as ‘Creditor’, based on the following information:
- Payer: name and address as indicated during the registration
- Creditor: bonsai NV – Jules Destréelaan 63B, 9050 Gentbrugge.
- Creditor Identifier: BE39ZZZ0663774859
- IBAN: the Payer Account
- Identification of the underlying contract: purchasing of services and goods through the Application
- Type of payment: recurrent
Of course, you can always revoke the SDD mandate by sending a request to firstname.lastname@example.org.
The access to the Payer Account allows bonsai to provide account information services and/or payment initiation services. Having granted such access, the Payer authorizes bonsai to check the balance from the Payer Account upon execution of a payment with the Application (“Available Amount”) and/or allows bonsai to initiate the payment directly from the Payer Account from the Payer upon execution of a payment with the Application (“Payment Initiation”).
B. Making payments
The legal definition goes as follows: “A service for initiating a payment order, by request of the payment service user, to debit a payment account held by the user with another payment service provider in order to credit another bank account”.
To make this simple: you can make payments using our App from your bank account to other bank accounts. When you decide to make a payment, you send an “initiation” through our App and we send that to your bank. The bank completes the payment. That transfer is your responsibility, just like with any other payment method. Bonsai is not responsible for a payment you have done with our App. The same goes for any automatic payment you have set up, until you cancel it. Because you make the payment with money on your bank account, you cannot transfer more money than your bank allows.
You can only use the Application after downloading the Application, accepting these terms and conditions and completing the registration process. By downloading the Application, you obtain a strictly personal, non-exclusive use of the Application, including future updates. It is clearly agreed that no property rights or intellectual property rights are transferred to you. bonsai reserves all rights related to the Application. The trade names, marks and logos are equally property of bonsai and may not be used without prior approval of bonsai.
Downloading the Application is free, but network costs are exclusively for you.
C. Receiving payments
According to the legal definition (under the Law of 11 March 2018), bonsai’s service consists of “acceptance of payment transactions”. This means that bonsai concludes an agreement with you, its member, enabling you to receive money on your bank account as beneficiary for the acceptance and processing of payment transactions. This could be payments by yourself, from another bank account, or by other persons or entities.
D. Account information
The legal definition goes as follows: “An online service to provide consolidated information on one or more payment accounts held by the payment service user with either another payment service provider or with more than one payment service provider.”
To make this simple: we provide to you all the information about your bank account. Because you link your bank account to our App, you can see your bonsai available balance in the App. For this reason, bonsai is never responsible for any damages due to the way you manage your money.
Every time you pay a merchant with your linked account(s), bonsai checks if that payment matches with the cashback program with that merchant. This allows bonsai to you give you back cash strictly on the basis of your payments, without you having to scan a separate loyalty card.
The partners of bonsai are merchants participating in our cashback program. The list of these merchants is available in the App and on our website, which changes from time to time.
Bonsai only pays for transactions executed during the program. Bonsai may receive remuneration, commission, rebate, or other payments or benefits from its merchant partners directly or indirectly in connection with the cashback program.
F. Loyalty card
The App works like a digital loyalty card. Bonsai’s merchant partners offer rewards for payments made by the bonsai members to bonsai’s partners using the App. Bonsai will send transaction details, campaign offers and other promotional messages through SMS and email to its members regarding its loyalty program.
The merchant partners of the loyalty program are responsible and liable for the loyalty program, and any merchandise or service provided by them. This includes but is not limited to quality or fitness of the merchandise supplied or services provided by the merchant partner.
Bonsai reserves the right to terminate the loyalty program, the program’s conditions and its duration.
If you know or suspect that your mobile phone with the App is lost or stolen, or that the PIN or password is known to an unauthorized person, or if you think a transaction has been incorrectly executed you must tell us immediately by calling on +32 478 874 800.
The responsible person for processing (verantwoordelijke voor de verwerking; responsable du traitement) is bonsai NV with registered office at Jules Destréelaan 63B, 9050 Gentbrugge, Belgium.
The purpose of use of the data is to:
- Deliver the Services.
- Comply with all applicable legal requirements and guidelines and regulations (e.g. anti-money laundering and statutory record retention periods).
- Prevent fraud.
- Set up tests and statistics (market and customer analysis).
- Adjust and control the quality of the Services.
- Training of staff.
- Marketing activities (commercial prospects and direct marketing).
For this purpose, you agree that bonsai collects information directly from you and/or publicly available information, which bonsai can share with its service partners to the extent that sharing information is essential to provide their services and with third authorized parties if and to the extent that the sharing is mandatory for bonsai and/or its outsourcing partners. At any time the Member has the right to request an overview, a rectification, a blocking or a deletion of his/her personal data. To exercise this right, you have to send an email to email@example.com.
The App features a store locator which allows you to see a list of merchants in the neighborhood where bonsai is accepted. bonsai only has access to your location to show nearby merchants, at the condition to you have approved the request for access in the Application. The request for access is managed by the system provider of the device (e.g. Google or Apple) and subject to its policy.
H. Payment history
If you know or suspect that your mobile phone with the App is lost or stolen, or that the PIN or password isknown to an unauthorized person, or if you think a transaction has been incorrectly executed you must tell us immediately by calling +32 478 874 800. bonsai will, upon receipt of that notification, block the App. You can notify us 24/7 by calling this number. You shall not bear any financial consequences for unauthorized payments that are initiated after bonsai has received the notification.
Bonsai will never be liable if someone else gains access to our App with your smartphone or even if payments are initiated through our App by a third person. For security reasons, please make sure you always have the latest version of our App on your smartphone and that you are running your smartphone’s most recent operating system.
You are liable for using the App correctly and for taking all precautionary measures to avoid access by other persons to the App and the Services. Therefore, you should:
- Not disclose the password or pin code to other people.
- Not keep the password or pin code with your smartphone or tablet.
- Never leave the smartphone or the tablet unattended in a publicly accessible place.
- Not leave your smartphone or tablet in a car.
- Not lend your smartphone or tablet to other people.
If you fail to keep your pin code or password safe (including theft of smartphone or tablet) and an unauthorized payment is made, you will bear the related losses up to a maximum of €50. However, if an unauthorized payment results from your gross negligence or intended fraud, you will bear all the related losses without any limitation. Gross negligence is, for example:
- Disclosing your pin code or password to other people.
- Failing to notify bonsai of the fraud, loss or theft.
- Keeping your password or pin code with the smartphone or tablet.
Bonsai can deactivate or block your use of the Application in the following circumstances:
- bonsai does not succeed in settling payments with the Payer’s or Payee’s Account.
- bonsai has a suspicion of fraud.
- bonsai was informed about loss or theft of the device.
A prior notification will be sent to the Member or the Member will be informed immediately afterwards if bonsai has reasonable grounds to consider it more secure not to notify the Payer beforehand. You will not be entitled to any indemnity in case of blocking or deactivating of the Application.
You will obtain reimbursement from bonsai if you notify bonsai without undue delay on becoming aware of any unauthorized or incorrectly executed payment transactions giving rise to a claim, and in any case not later than 3 months after the debit date. In case of such notification of unauthorized or incorrectly executed payment and to the extent that bonsai is liable, it shall without undue delay refund the amount of the non-executed or defective payment.
J. Payment flows
As you have a limit for payments to be executed (“Payer Limit”), the App will reduce your Payer Limit to the money available on your bank account (“Available Amount”). Each time a payment is settled, the limit will be updated.
If you are older than 18 years, your Payer Limit at registration will be at least €150 depending on your type of account, which is then increased to €250 after additional verifications (“KYC”) have been performed. It can be increased further upon your request and after an internal risk analysis by bonsai, at its sole discretion.
To execute a payment, Payer and Payee open the Application. The Payee enters the exact amount that needs to be paid for the product or service and the Payer approves the payment that is shown on the tablet or smartphone of the Payee. She or he then confirms the payment with PIN or biometric security (“Authorization”). Approval of the payment requires the user to scan the QR code generated by the App or by selecting a contact in bonsai. Those contacts are stored in an encrypted way in the App to improve its speed and are only used to determine if your contact has enabled bonsai for payments between users. Contacts are private and never sold for commercial purposes. Both parties are expressly informed that only the exact amount of the product or service can be paid with the App. It is explicitly forbidden to pay or accept for payment any additional amount (no “Cash Withdrawal”).
Once the PIN or biometric security has been logged, the Payer can no longer revoke the payment and the Payee receives a payment confirmation.
The payment flows between bonsai and the Payer can be managed in two ways:
1. Checking the balance and settlement through the SDD-mandate
At the moment of Authorization, the available amount on the Payer Account is verified before payment confirmation in the Application. The Payer Account is usually debited one to two days after the Authorization, without prejudice to bonsai’s right to debit the Payer Account at a later time. All authorized payments appear in the transaction history list. The Payer accepts that this appearance is a pre-notification of the settlement through the SEPA Direct Debit-mandate and that this pre-notification can be up to one day before collection.
2. Payment Initiation
K. Limitation of liability
You download and install the Application on your responsibility, meaning that bonsai cannot be held liable for damages to your smartphone or tablet. There are no guarantees regarding the Application in relation to its accessibility, accuracy or functionality. Bonsai will only be liable for damage resulting from shortcomings or technical failures if such failure has been caused by deliberate recklessness or gross negligence on its part.
In any case and without prejudice to any other limitations of liability as stated in these Terms and Conditions, bonsai can never be liable for any indirect damages or loss suffered by you or third parties.
L. Term and termination
By registration and downloading the Application, you enter into a contractual relationship with bonsai for an unlimited period of time. Of course, you can terminate the agreement at any time by deleting the Application from your smartphone or tablet. All payments that have been made prior to the deletion, will still be settled.
M. Property of the App
Bonsai owns the intellectual property rights to its trade name, the App and everything that goes with it. This means that you may only use our App for the services described in this document. By using the App, you donot receive property rights to our App, username, logo or any other things connected to our App. You may not market, sell, copy or counterfeit the App or any part of it.
Do you have a complaint? Please let us know by sending us a message with an explanation of your complaint through the App. We will reply as soon as possible. Your complaints with regards to bonsai services can be send to firstname.lastname@example.org.
Bonsai reserves its right to modify the Terms and Conditions. Upon modification, a notification will be sent to you, by email. All modifications will enter into force two months after that notification was sent. If you refuse to accept the modifications you can terminate the contract you and bonsai by deleting the Application within that two months period. Further use of the Application after the two months’ notification entails an acceptance of the modifications.
P. Belgian law
The use of the App is governed by Belgian law. If you disagree with these terms and conditions in case of a conflict, we will try and solve it amicably by sitting down together and talking it out. If we cannot find a solution then the court of the judicial district of Ghent will have the sole competence to resolve this conflict.
Google Pay Regulations
The regulations regulate the contractual relationship between the cardholder and/or account holder and bonsai regarding the use of the digital bonsai card in Google Pay and establishes the conditions for the exchange of information and orders through this method of mobile payment. The registration of the card in Google Pay constitutes explicit acceptance of these regulations.
These regulations supplement the Terms & Conditions of the bonsai app.
During the contractual term, the card holder and/or account holder has the right to request the terms of this framework on paper or another durable medium. The cardholder commits to inform the account holder about the registration of his card in Google Pay and the applicable conditions including these regulations.
The agreement regarding the use of a card in Google Pay.
The service offered by google, a digital wallet that allows the card holder to store a digital version of their card on their Device, and allows contactless payments, “in-app” purchases and/or other electronic payments.
The digital version of the card.
Google Pay Terms:
The Google Pay terms and conditions that govern the contractual relationship between Google and the card holder.
Google Inc., located at 1600 Amphitheatre Parkway, Mountain View, California 94043, USA.
Means of access to the system:
(i) The Device Unlock Code (Device PIN, Pattern, Fingerprint, FaceID), (ii) The Device
The cardholder’s mobile device with which he can access Google Pay and which meets the system requirements defined by Google. The cardholder may be required to upgrade their Device’s operating system if the system requirements supported by Google Pay change.
Device Unlock Code:
A personal and confidential code required to unlock the Device, e.g. a numerical code, a pattern, a fingerprint or a faceID. This is a personalized security feature. The cardholder signs certain transactions with this Unlock Code.
- Information about Google Pay
Google Pay is a payment app provider by Google. This app allows to create and save a digital version of a card in the app on the cardholder’s Device. The contractual relationship between Google and the cardholder and/or account holder is governed by the Google Pay Terms. Access, usage, and maintenance of the Digital Card are dependent on Google Pay and the cardholder’s service provider who provides internet. Bonsai cannot be held responsible for technical errors, malfunctions or defects of the services provided by third parties such as Google or the service provider. Bonsai can also not be held liable if Google makes changes to Google Pay or discontinues Google Pay.
- Registration of the Digital Card
3.1. Access to Google Pay
To registrate a Digital Card and to use Google Pay, the cardholder must download Google Pay and register. The cardholder has to accept the Google Pay Terms. The contractual relationship is established between Google and the card holder. Bonsai is not involved therein. The cardholder needs to check with Google which requirements his device must meet to download and use the Google Pay app.
3.2. Receiving messages when registering the card
When the cardholder registers his card and uses his Digital Card, he agrees to receive messages regarding the use of his Digital Card. These messages can be sent via tekst, email, or the Google Pay messaging feature.
- Use of Digital Card in Google Pay
4.1. Execution of transactions
The cardholder can make payment transaction with his Digital Card, in accordance with the Google and bonsai terms and conditions. De cardholder agrees to execute the transaction by holding The Device against the payment terminal of the merchant. For payment amounts less than 50 euros, the card holder must wake The Device from sleep mode. For higher amounts or after three consecutive payments without unlocking The Device the cardholder must unlock The Device using the Device Unlock Code. By using Google Pay at a payment terminal or website, the cardholder agrees to all transactions that are made via Google Pay. The account holder irrevocably authorizes bonsai to debit his account for the total amount of the payment transactions carried out with the Digital Card via Google Pay. The cardholder and/or account holder acknowledge the legality of transaction with a Digital Card via Google Pay in the manner stated above. These constitute valid and sufficient proof of his agreement with the existence and the content of this command.
4.2. Refusal to execute a command.
Bonsai reserves the right to refuse the execution of a payment transaction. When bonsai refuses to execute a payment transaction, the cardholder will be notified of this as soon as possible, and if possible, of the reasons for this refusal. This notification will send on paper; by email to the email address provided by the cardholder, by a notification in Google Pay itself or with another electronic medium available and accessible to the cardholder.
4.3. Consulting latest payment transactions
The cardholder can view the last ten payment transactions made with Google Pay in Google Pay. This information is made available to Google, among others, bonsai.
- Cardholder liability obligations
The cardholder is obliged to use his means of access in accordance with the terms of the framework agreement. The cardholder must immediately notify bonsai in the event of theft or loss of his means of access to the system and/or his Device, and in the event of falsification, unlawful or unauthorized use or any risk of misuse of his means of access to the system and/or his Device. The cardholder should also file a complaint with the police immediately. In the event of theft or loss of The Device, the cardholder must also have his Device blocked via the Android Service Manager.
The cardholder commits to upgrading Google Pay whenever an upgrade is offered and to always use the most recent version of the application. Bonsai reserves the right to block access to the Digital Card if the card holder does not do so in time. The correctness of the information provided can only be guaranteed if the cardholder has the most recent upgrade of Google Pay. Google Pay as well as the supplier of The Device may take certain measures or procedures to prevent unauthorized use. Bonsai bears no responsibility for those measures. The cardholder commits to apply these security measures and not to disable them.
The means of access are strictly personal and confidential. The cardholder must take all responsible measures to keep his means of access as safe as possible. He must follow the safety tips bonsai and Google provide him in that context, such as:
- The cardholder may not leave his Device and Device Unlock Code unattended (e.g. in the workplace, in a hotel or vehicle – even if it is locked – or in areas open to the public.
- The cardholder may never hand over his Device and Device Unlock Code to third parties (including partner, family, and friends) or allow them to use it.
- The cardholder is not allowed to reveal his Device Unlock Code.
- The means of access and the Device Unlock Code may not be recorded on a durable medium in The Device or via The Device.
- The Device Unlock Code must be entered discreetly. The cardholder must ensure that no one can see them and must notify bonsai if they notice unusual behavior.
- The cardholder must change his Device Unlock Code, if that is a PIN or a pattern, regularly.
- When the cardholder chooses a new Device Unlock Code, he must avoid obvious combinations. If the cardholder knows that the confidentiality of his Device Unlock Code is no longer guaranteed, he must set a new Device Unlock Code.
- The cardholder undertakes to ensure that his Device complies with the system and security requirements as imposed by Google and as defined here. To this end, the cardholder will respect the system protections built into his Device, so that he can use Google Pay in a safe manner. If the cardholder deliberately disables those system protections, bonsai cannot be held liable for any damage resulting therefrom.
- When the Cardholder’s Device Unlock Code is a fingerprint, before registering for Google Pay, the cardholder must ensure that only their fingerprints are registered to unlock the device or perform transactions. Otherwise, all fingerprints registered on the Device to unlock the Device or to carry out transactions will be deemed to originate from the cardholder.
- Although the card can be registered as a Digital Card on several Devices, the cardholder is strongly discouraged to register his card on a device on which third-party cards are also registered.
- The cardholder bears full liability for the risks associated with his own Device and for the risks of unauthorized access. The resulting damage is the sole responsibility of the card holder and/or the account holder.
- Blocking the Digital Card
Bonsai may block access to the Digital Card in Google Pay for objectively justified reasons related to security, the suspicion of unauthorized or fraudulent use of the Digital Card in Google Pay or the access and signature means. In such cases, bonsai informs the cardholder if possible before the blocking or immediately afterwards via a durable medium (paper or electronic) available and accessible to the cardholder. Such disclosure is not required where it would interfere with objectively justified security considerations or is prohibited under applicable law.
Bonsai will unblock the Digital Card as soon as the reasons for the blocking no longer exist.
- Liability and risk settlement
Bonsai warns the cardholder that, among other things, the following attitudes lead to damage cases for which he can be held liable:
- Storing the Device Unlock Code together with the Device or making a note of the Device Unlocking Code.
- Giving its access and signature means to third parties, including partner, family, or friends.
- Passing on his means of access and signature by telephone or email.
- Leaving his Device and/or the means of access unattended, for example at the workplace, in a hotel, in a vehicle (even if it is locked) or in areas accessible to the public.
- Failure to notify immediately in the event of loss or theft of its Device and/or its means of access.
- Not having the (Digital) Card and/or Device blocked immediately if he discovers loss, theft, or misuse of his Device and/or its means of access.
- The failure to inform bonsai without delay of the entry in his account of any order for which no authorization has been given and of any error or irregularity noted on the account statements.
Bonsai cannot be held accountable for:
- Any damage, direct or indirect, attributable to the operation of the Cardholder’s Device or to the telecommunications services of a third party, or to an interruption of the services because of events beyond its control.
- Any damage to or alteration of the cardholder’s equipment, including (but not limited to) the Device, because of the installation, upgrade, update or use of Google Pay.
- The temporary unavailability, suspension, interruption, or delay of Google Pay due to maintenance work, defects, or force majeure or beyond the reasonable control of bonsai.
- Any damages resulting from any difficulty or inability to download Google Pay or access the content of Google Pay, or any other telecommunications system error resulting in Google Pay being unavailable.
- Any damage because of the unavailability of websites or information of third parties or because of the incorrectness, incompleteness or inaccuracy of the information provided by third parties, nor can such external information give rise to any obligation under from bonsai.
- Any direct or indirect damage resulting from or related to the (mal) functioning of the Cardholder’s Device, or with the telecommunications services or software or hardware of a third party, such as Google.
- Duration and termination of the agreement
The Agreement is valid for an indefinite duration. The cardholder can terminate his agreement at any time free of charge. He can do this by removing his Digital Card from Google Pay. Bonsai can terminate the agreement at any time with a notice period of two months. The termination by bonsai must be done on paper or another durable medium. Bonsai has the right to terminate the agreement immediately, without prior notice of default or judicial intervention:
- if trust in the cardholder has been seriously damaged.
- if the cardholder does not comply with the security procedures.
- if there is serious breach of contract.
- if Google stops its services.
Termination of the card will automatically and at the same time lead to the termination of the Agreement on the part of the cardholder.
- Exercising the right of renunciation when requesting remote financial services
The cardholder may terminate the use of their Digital bonsai card in Google Pay at any time free of charge by removing their Digital Card from the Google Pay app, without having to notify bonsai.
- Processing of personal data
When the cardholder registers their card in the Google Pay app and uses Google Pay, bonsai and Google collect and process their personal data. Bonsai and Google each act separately as data controller:
- Google is the data controller for the personal data related to Google Pay and its functionalities. Bonsai is not involved in this.
- Bonsai is responsible for processing transactions with the Digital Card.
- Intellectual Property
Google Pay is developed and owned by Google.