Terms and Conditions for applying for and using the Cards
Last amended 08.07.2021
1. GENERAL PROVISIONS
1.1 These terms and conditions (hereinafter: Terms and Conditions) establish the rules for applying for, issuing, and using the following cards (hereinafter: Card or Cards):
(a) International Scholar Identity Card (ISIC), International Student Identity Card (ISIC), International Teacher Identity Card (ITIC), International Youth Travel Card (IYTC), and the so-called ISIC virtual card, which is any of the abovementioned cards in a virtual form and displayed in a mobile application (hereinafter: ISIC card or ISIC cards); and
(b) External card, Staff card, Permission card, Guest Lecturer Visitor card, and Visitor card.
1.2 In the Republic of Estonia the Cards are produced and issued by the Federation of Estonian Student Unions (hereinafter: Federation), with a registry code 80059438 and address at Pärnu mnt 102-21, 11312 Tallinn, and whose e-mail address is email@example.com In the Republic of Estonia, the exclusive license to issue ISIC cards belongs to the Federation.
1.3 In co-operation with the Federation and on the basis of its authorisation, the ISIC cards are also issued by AS SEB Pank and Swedbank AS (hereinafter: Authorised Issuers). The Federation also co-operates with AS LHV Pank (hereinafter: LHV), through whom it is possible to apply the ISIC virtual card from the Federation, which is displayed in LHV’s mobile application.
1.4 These Terms and Conditions apply to all legal relationships where:
(a) a person (hereinafter: User) applies for the issuance of the Card from the Federation (includes an application made through LHV); and
(b) the User uses a Card issued by the Federation (includes the virtual card issued by the Federation via LHV).
1.5 In addition to these Terms and Conditions, other terms and conditions related to the Cards are made available at the MinuKool information system at www.minukool.ee (hereinafter: Information System) or in any other way by the Federation (hereinafter these Terms and Conditions and other terms and conditions: Agreement). In the event of any inconsistency between the terms and conditions made available by the Federation, the terms and conditions governing the matter in more detail shall prevail.
1.6 These Terms and Conditions do not apply to the issuance of cards by Authorised Issuers and to the use of such cards – they are subject to the terms of the respective Authorised Issuer.
2. CARD APPLICATION AND ISSUANCE
2.1 A User who meets the terms established in the document named “Requirements set for International Scholar Identity Card (ISIC), Estonian scholar identity card, International Student Identity Card (ISIC), Estonian student identity card, International Teacher Identity Card (ITIC), International Youth Travel Card (IYTC), ISIC virtual card, External card, Staff card, Permission card, Guest Lecturer Visitor card, and Visitor card recipients” (hereinafter: Requirements), made available in the Information System, shall be entitled to apply for the Card. The Federation has the right to change the Requirements at any time at its sole discretion.
2.2 Having the status required for applying for a Card shall be checked from relevant databases (e.g., Eesti Hariduse Infosüsteem (EHIS), Eesti Haridustöötajate Liidu andmebaas (EHL) and from the database of the Information System). If it is not possible to identify the User’s status by checking from the relevant databases, the User must submit a corresponding certificate to the Federation to prove his or her status.
2.3 In order to apply for a Card, an application must be submitted to the Federation:
(a) electronically in the Information System (authorisation at www.minukool.ee);
(b) at the office of the Federation on a paper document that follows the formatting requirements established by the Federation (or at an educational institution, should it be possible at the relevant institution);
(c) via the mobile application of LHV, if the User desires to obtain the ISIC card in a virtual form displayed at the LHV’s mobile application.
2.4 Card applications are grouped accordingly:
(a) first time card application (hereinafter: First Time Application) – an application submitted in all cases, except for the Replacement Application and Extension Application (see definitions below);
(b) replacement application (hereinafter: Replacement Application) – an application to issue a new Card of the same type and with the same validity period in place of an existing valid Card;
(c) application to renew the validity of an existing Card (hereinafter: Extension Application) – an application to renew the validity of a previously issued Card. An Extension Application can be submitted no earlier than 3 months before the expiry of the existing Card and no later than 1 month after the expiry of the existing Card.
2.5 For the purposes of the clause 2.4, an existing Card is a Card which data has been entered into the Information System’s database.
2.6 When completing and submitting the application, the User must follow the instructions of the Federation (whether they have been published in the Information System or given otherwise) and provide all required data – including the address to which the Card will be delivered (if a plastic Card has been ordered). Delivery charge may be added for the delivery of the Card.
2.7 In the course of the application, the User must select the type of Card that is applied for. This choice may be limited depending on the User (e.g., a student cannot choose a teacher’s card). Should the User select an ISIC card, the User must choose whether it will be received in a virtual form (so it could be displayed in the mobile application) or in a physical form (a so-called plastic card). The User understands that the functionalities of different Cards may differ – e.g., a virtual card may not have all the functionalities of a physical card. The corresponding is explained in more detail in the Information System.
2.8 When submitting the Card application, the User is obliged to provide only correct data and agree to all the terms that are presented in the application.
2.9 If the application is submitted on behalf of the User by his or her legal representative (e.g., the child’s father or mother), the respective person confirms his or her right of representation by submitting the application.
2.10 The User can apply for and upon fulfilling the conditions, only one valid Card of the same type will be issued to the User (Card types are listed in clause 1.1). It is not possible for the User to apply for or receive several Cards of the same type or of different type. However, the User has the right to apply for and receive ISIC virtual card in addition to the existing physical ISIC card, and a physical ISIC card in addition to the existing ISIC virtual card – in this case a new application must be submitted to the Federation and the Issuance Fee (see definition below) has to be paid again.
3. ISSUANCE FEE
3.1 When applying for a Card, the Card issuance fee (hereinafter: Issuance Fee) must be paid in the payment environments offered by the Federation, unless the applicant has been notified otherwise (e.g., in some cases the Issuance Fee or part of it may be paid by an educational institution). A service fee may be added to the Issuance Fee in accordance with the agreement concluded between the User and the issuer of the bank or credit card.
3.2 Before submitting the application and paying the Issuing Fee, the User is obliged to make sure that what is submitted in the application (including the requested Card) corresponds to his or her actual wish.
3.3 After paying via the bank link, the User must click the “Back to Merchant” button.
3.4 Issuance Fee rates are set by the Federation and are visible from the Federation’s price list (ISIC Student; ISIC Scholar; IYTC Youth Travel Card; Estonian Student Card). If the User submits an application for the issuance of the ISIC virtual card via LHV, the Federation does not charge the User the Issuance Fee, but the User may be obliged to pay a fee to LHV in accordance with the agreement concluded between the User and LHV.
3.5 The Federation has the right to set different Issuance Fees depending on the type of application, e.g., whether it is a First Time Application, a Replacement Application or an Extension Application; or depending on the type of the Card. The Federation also has the right to change the Issuance Fees by making a corresponding change in its price list. The User is subject to the Issuance Fee published at the time of submitting the application, except in cases where the incorrect Issuance Fee was published due to a technical error or failure or if the User had to understand that it was an error (obviously incorrect amount).
3.6 If the User has paid the Federation the Issuance Fee in a larger amount than required due to an error caused by the User, the Federation has the right to deduct the transfer service fee from the refundable amount according to the bank’s price list.
3.7 The Federation shall not be liable for any damage or any other consequences arising from incorrect data submitted by the User upon submission of the application.
4. ISSUING AND RECEIPT OF THE CARD
4.1 The basis for the producing and issuance of the Card is the proper submission of the application to the Federation, the receipt of the Issuance Fee (if required) and the approval of the application by the Federation.
4.2 The basis for issuing a Card to the respective person may also arise from law or other legislative acts.
4.3 The Federation has the right to refuse from issuing the Card if the application or the User does not comply with the established requirements, the Issuance Fee has not been paid or if the User has violated any of the conditions arising from the Agreement.
4.4 Producing and delivering the Card in a physical form takes normally up to 10 working days, but may take time for a maximum of four weeks. The respective Card will be delivered by post to the contact address indicated in the application or will be made available at the Federation’s office (depending on what the User has requested in the application).
4.5 If the User has requested the issuance of a Card in a virtual form, which is displayed at the ISIC mobile application, the User must first activate the Card as follows:
(a) log in to the Information System, select “My cards” and find the card number;
(b) create an account (sign up) at the ISIC mobile application and enter the required data, including the card number.
4.6 Activation may take up to 24 hours. The ISIC card is then displayed in a virtual form at the ISIC mobile application.
4.7 If the application was submitted via the LHV mobile application, the ISIC card will be made available in a virtual form at the LHV mobile application.
4.8 The risk of damage or loss of the Card passes to the User upon receipt of the Card.
4.9 Upon receipt of the Card, the User is obliged to immediately check the compliance of the Card with the terms of the Agreement – including whether it is the correct type of Card and whether the data on the Card is correct. Non-compliance must be notified to the Federation without delay, but no later than two months after receipt.
4.10 If the User has entered his or her postal address incorrectly when filling out the application (due to which the Card has been lost during delivery) and the User has paid both the Issuance Fee and delivery fee, the User must pay the Issuance Fee and delivery fee once again when submitting the Replacement Application.
5. OWNERSHIP AND USE OF THE CARD
5.1 The Card is issued to a specific person (the User) and only the person indicated on the Card (the User) is entitled to use the Card. Use of the Card by a person who does not have the right to do so is punishable by criminal charges.
5.2 The ownership of the Card belongs to the Federation. The User has the right to use the Card and the rights arising therefrom in accordance with the Agreement to the extent of the validity of the Card.
5.3 The User is obliged to:
(a) use the Card in good faith and in accordance with the Agreement and applicable legislation (for International Scholar Identity Card, Estonian scholar identity card, International Student Identity Card, Estonian student identity card, among other things, the legislative acts for using scholar and student cards);
(b) protect the Card from counterfeiting, alteration, high temperature, mechanical damage and strong electromagnetic fields, etc.;
(c) not pass the Card on to a third party (except to verify its validity and for identification);
(d) refrain from any action that could damage the reputation or trademark of ISIC, ITIC, IYTC, Staff Card or any other Card or the reputation or trademark of MinuKool or the Federation;
(e) immediately notify the Federation and deactivate the Card in the Information System if the Card has been lost, become unusable or in another similar circumstance that prevents the use of the Card or creates a risk of its misuse;
(f) comply with the conditions established by the respective educational institution when using the Card within an educational institution. If the Agreement and the conditions established by the educational institution are in conflict with each other, the User undertakes to follow the provisions of the Agreement.
5.4 The Union shall not be liable for any damage if it has deactivated the Card on the basis of an incorrect notification.
5.5 With the ISIC cards it is possible for scholars, students, and teachers to gain benefits at ISIC-/ITIC-/IYTC benefit providers (hereinafter: Provider) in more than 120 countries.
5.6 In order to receive the benefit, the User of the Card is obliged to present his or her Card to the Provider for verification of validity. Validation can be performed both visually and by making an electronic query to the Information System (or any other relevant) database. The Provider has the right to refuse to return the Card to the person who presented the Card if the Provider has a reasonable suspicion that the said person does not have the right to use the Card or if the Card is not valid. The Provider undertakes to forward the Card to the Federation, which will find out whether the person was entitled to use the Card or whether the Card is valid.
5.7 The Federation is not liable for the actions or omissions of the Provider.
5.8 The Federation has the right to offer the User additional services and benefits related to the Card (hereinafter: Additional Functions) and/or to terminate the provision of the said Additional Functions without the prior consent of the User. The Federation has the right to add a contactless chip to the physical Card, which allows the Card to be used in the access systems of an educational institution as a “key card”, in the canteen as an “accounting card”, in the library as an “electronic reader’s ticket”.
6. CARD VALIDITY
6.1 The Card is valid until the last day of the month indicated on the Card (inclusive), unless it has been deactivated prematurely.
6.2 The Federation has the right to deactivate the Card in the Information System itself – especially if the Federation becomes aware that the Card has been lost, become unusable or if the User has violated any condition of the Agreement. The Federation shall not be liable for any consequences or damage caused by the deactivation of the Card if the Federation had the right to deactivate the Card on the basis of the Agreement.
6.3 The general validity periods of the cards are as follows:
(a) the rules for the validity of the ISIC card (except for the IYTC youth card) can be found at the Information System (https://www.minukool.ee/taotlejale/tingimused-ja-nouded/kaardi-kehtivusaja-reeglid/), which is an integral part of these Terms and Conditions;
(b) the Estonian scholar identity card is valid for a total of 3 academic years and each academic year the Card is extended with a corresponding sticker, which is valid until 1 October of the following academic year;
(c) the Estonian student identity card is valid for a total of 4 academic years and each academic year the Card is extended with a corresponding sticker, which is valid until 1 October of the following academic year;
(d) the External card is valid for one academic year, from issuance until 1 October of the following academic year;
(e) the Staff card is valid for 5 years from the date of issuance, and its period of validity shall be calculated in calendar months;
(f) the IYTC youth card shall be valid for 1, 2 or 3 years from the date of issuance, and its period of validity shall be calculated in calendar months.
6.4 The User of the Card undertakes:
(a) not to use the Card that is deactivated in the database of the Information System and return it to the Federation immediately; and
(b) not to use an expired or unusable Card. The User is obliged to destroy such Card in a way that excludes the possibility of using the Card – this means, among other things, that when destroying the Card, it must be ensured that the data on the Card cannot be read (e.g., by cutting the Card into pieces).
7. MINUKOOL INFORMATION SYSTEM
7.1 The Information System is an electronic Card management environment, in which all data collected upon application and upon electronic use of the Card are retained. The User undertakes:
(a) to follow all instructions issued by the Federation, including instructions for use, when using the Information System (as well as when using the Additional Functions);
(b) carefully maintain the authorisation tools required for the use of the Information System user account and take all necessary steps to ensure their confidentiality and security; and
(c) not to use the Information System for immoral or illegal means or purposes.
7.2 The User is liable for all declarations of intention submitted from his or her user account.
7.3 If an incorrect application has been knowingly submitted to the Information System or the right to use the Information System has been misused in any other way, the Federation has the right to restrict or terminate the respective User’s right to access the Information System.
8.1 The Federation and the User shall be liable to each other for the damage caused to the other party by the breach of the Agreement in the cases and to the extent provided by the legislation in force in the Republic of Estonia, unless otherwise stated in the Agreement.
8.2 The Federation shall be liable for the damage caused to the User only if the damage has been caused intentionally or with gross negligence. In no event shall the Federation be liable for non-patrimonial damage, loss of income or noncontractual damage (including purely economic damage).
8.3 In any case, the total liability of the Federation to the User is limited to the amount of 50 euros.
8.4 The Federation shall not be liable for third parties, including the acts or omissions of the Authorised Issuers and the Providers.
8.5 The Federation does not guarantee the permanent availability of the Information System. The Federation may change the functionalities and other elements of the Information System at its own discretion. The Federation does not guarantee that the Information System is compatible with the software and/or hardware used by the User or that the Information System is free from all errors or malware at all times. The Federation may suspend the availability of the Information System at its own discretion for the performance of maintenance work, giving reasonable notice thereof.
8.6 In the event of loss, theft or other involuntary departure of the Card from the User, the User shall be liable for all damage that has occurred until the Card is deactivated.
8.7 In case of breach of the Agreement, the Federation has the right to:
(a) deactivate the Card;
(b) refuse from issuing of the Card;
(c) impose a contractual penalty of 320 euros for each infringement;
(d) claim compensation in excess of the amount of the contractual penalty for damage caused to the Federation by the breach.
8.8 The Union may pursue the above legal remedies jointly or separately. The foregoing does not prejudice the right of the Federation to seek other remedies under the law.
9. WITHDRAWAL AND SETTLEMENT OF CLAIMS
9.1 A special serial number is used for each Card and each Card is made based on the personal data of a specific User (picture, name, etc.). Therefore, the User does not have the right to withdraw from the agreement and cancel the Card after ordering it. The User also has no right to demand a refund of the Issuance Fee and other paid expenses. This applies to both physical cards and ISIC virtual cards.
9.2 By agreeing to these Terms and Conditions and applying for the Card, the User gives express consent to its issuance and also confirms that he or she understands that by applying for the Card he or she loses the right to withdraw from it (as described in the previous clause).
9.3 If the Card issued by the Federation does not comply with the terms of the Agreement, the User has the right to rely on legal remedies provided by law, unless this is excluded by legislation and/or the Terms and Conditions of the Agreement: demand performance of obligation; refuse to fulfil its obligation owed; claim damages; withdraw from the agreement or terminate the agreement; lower the price; charge interest of arrears in the event of delay in the performance of a monetary obligation.
9.4 The Federation shall not be liable for the Card’s non-compliance with the terms of the Agreement, which has arisen from the User’s actions and/or omissions, including from improper use of the Card.
9.5 The claim can be submitted by e-mail to the address firstname.lastname@example.org or the postal address of the Federation: Pärnu mnt 102-21, 11312 Tallinn. The name, contact details, date of submission of the claim, defect on the Card and content of the claim must be indicated in the claim and a document proving the order of the Card must be added. The Federation shall respond to the claim no later than 15 days after receipt. If it is not possible to respond to the claim within 15 days, the Federation shall notify the User thereof, justify the delay and set a new reasonable deadline for replying. If the Federation rejects the claim in full or rejects a part of it, the Federation shall reason it in writing.
9.6 Disputes arising under the Agreement shall be settled in good faith through negotiations.
9.7 If the User does not agree with the solution offered by the Federation in case of a claim, the User has the right to turn to the Consumer Disputes Committee of the Consumer Protection and Technical Regulatory Authority for out-of-court dispute resolution (Endla 10A, 10142 Tallinn; https://komisjon.ee/et/avalduse-esitamine; e-mail address: email@example.com). The Consumer Disputes Committee is competent to settle disputes, which the parties have not been able to resolve by agreement, arising from a contract concluded between a consumer and a company. Examination of the complaint by the Committee is free of charge. The User also has the right to turn to the Consumer Dispute Resolution online platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ET).
10. VALIDITY AND TERMINATION OF THE AGREEMENT
10.1 The Agreement shall enter into force from the moment the parties to the Agreement have agreed to its terms. The Agreement has been entered into for an indefinite period.
10.2 The User may terminate the Agreement unilaterally at any time by notifying the Federation of the respective request, by sending a corresponding application to the Federation’s email firstname.lastname@example.org
10.3 The Federation has a right to terminate the Agreement immediately if the User materially violates the Agreement or if the User does not comply with the Requirements.
10.4 The Agreement is terminated automatically upon deactivation or expiry of the Card. The terms of the Agreement, which by their nature are valid even after the termination of the Agreement (e.g., the obligations set forth in clause 6.4), continue to be valid even after the termination of the Agreement.
11. PROCESSING OF PERSONAL DATA
11.1 All data indicated in the Card application shall be stored in the Information System database belonging to the Federation. When transmitting personal data, the User confirms that he or she has read the procedure for processing personal data (available at https://www.minukool.ee/Kasutajale/tingimused-ja-nouded/isikuandmete-tootlemise-tingimused/).
2.1 The law of the Republic of Estonia shall apply to the Agreement and to the legal relations and disputes arising therefrom.
12.2 The Information System may contain links to third party applications or websites (hereinafter: Third-Party Sites). Third-Party Sites may be subject to different terms and conditions from the Agreement which implementation cannot be controlled by the Federation. The Federation is not responsible for the content of the Third-Party Sites and the conditions applicable there. The User is obliged to read the terms and conditions valid on the Third-Party Sites.
12.3 The Federation has the right to unilaterally amend at its own discretion the Terms and Conditions if the Federation deems it necessary, including if the necessity of the amendment is caused by technical or substantive development, the desire to provide better or additional services to Users or the need to specify the terms of service. The amended Terms and Conditions will take effect:
(a) if the User has given his or her active consent to the amended Terms and Conditions; or
(b) no later than 30 days after the announcement of the amended Terms and Conditions in the Information System. If the User does not agree with the amendment of the Terms and Conditions and has not given active consent, he or she has the right to return the Card, request deletion of the Card’s data from the Information System database and terminate the Agreement within 30 days after notification of the amendments. If the User does not do so within 30 days, he or she shall be deemed to have agreed to the amendments.
12.4 If any provision of the Terms and Conditions is void, it will be superseded by a valid provision that expresses the intent and economic meaning of the original provision.
12.5 Only the Estonian language text of these Terms and Conditions has a legal force. The Federation has the right to translate the Terms and Conditions into other languages for ease of understanding, but they have no legal force.