APPLICABLE GENERAL USER TERMS AND CONDITIONS TRUSTLY RECURRING PAYMENTS UK V. 2.0 (THE “TERMS”)

1. INTRODUCTION

1.1. These Terms apply to Trustly Recurring Payments UK and Trustly’s account information

services (“AIS” and together with Trustly Trustly Recurring Payments UK, the “Services”).

Please find more information about the Services in Section 3 below.

1.2. The Services are provided (to “you”, the “User”) by Trustly UK Limited, company reg. no.

08841430, with address at The Wingate, Shaftesbury Avenue, London, United Kingdom, W1D

5DY, (”us”, “Trustly") on the terms and conditions set out below (the “Terms”).

1.3. The Service is not offered or affiliated with your bank. It is an account information service

provided by Trustly. Trustly is authorised by the FCA as a payment institution (FRN 1005703)

with permission to provide account information services.

1.4. If you have any questions relating to the Services, you can contact our Support team via the

contact form on Trustly’s Support page. Trustly will communicate with you electronically and

in English.

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2. THE TERMS

2.1. These Terms apply each time you use the Services. If you use Trustly's Services again, you

must agree to the terms in force and that are presented to you before you proceed with the

Services at that time, so please make sure to read Trustly's terms carefully each time you use

the Services. If you do not agree to these Terms, you cannot use the Services.

2.2. You are entitled to receive these Terms in the physical form of a document or in some other

permanent form, by contacting our Support team (see contact details below). You can view

the latest version of these Terms at any time via our website and in direct connection with

using our Services.

2.3. By using our Services, you consent to Trustly collecting and processing your information from

your online bank. This is done in accordance with our Privacy Policy, which outlines our

compliance with the UK General Data Protection Regulation (GDPR) and the Data Protection

Act 2018. The Privacy Policy also details the purposes for which your data is used, including

sharing it with the “Merchant” (the organisation from which you intend to purchase goods or

services) and/or other entities as set out in the Privacy Policy.

2.4. Trustly will never come into possession of your bank login information and bank security

credentials (“Credentials”).

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3. ABOUT THE SERVICES

3.1. The Service allows you to instruct Trustly to obtain account information from your online bank

and share that information with the Merchant you wish to purchase goods or services from.

The information is shared in order to set up a direct debit instruction for recurring payments

under BACS Direct Debit Scheme (“Mandate”) with the Merchant as the payee under the

BACS Rulebook in order to execute such recurring payments from your selected bank account

to that Merchant.

3.2. For the avoidance of doubt, the Service provided by Trustly to you is isolated to the collection

of account information from your online bank for the purpose of setting up the Mandate. At no

point during the provision of the Service does Trustly come into possession of your funds. The

Merchant is responsible for all other matters regarding the Mandate as well as the payments,

goods and/or services.

3.3. As part of providing the Service, Trustly will provide you with account information services

(“AIS”), which means that Trustly will access your online bank account in order to collect the

information required to complete the Mandate (i.e. account details such as sort code, account

number, account name and account balance) (“Account Information”) and you will be

required to authenticate yourself to your bank to allow such access.

3.4. In order to use the Service, your bank account(s) must be available online. Depending on your

online banking application and your requirements, Trustly will present you with a list of your

bank account(s) eligible for registering a Mandate including balances associated with those

bank account(s) and, once you have selected your preferred bank account, Trustly will share

the account details with Trustly Group AB, a Swedish company with company reg no

556754-8655 (“Trustly Sweden”), an affiliate company to Trustly, in order to present you with

the final Mandate for your review and confirmation. Trustly Sweden may additionally share the

final Mandate with the Merchant on the Merchant's request.

3.5. The final Mandate is then set up with BACS in the Merchant’s name. As the Mandate is in the

Merchant’s name (as payee), questions relating to your Mandate can only be answered by the

Merchant, and in case you want to revoke your Mandate please reach out to the Merchant or

your bank.

3.6. By entering all required details into the Trustly online interface and clicking “continue” /

“setup” or similar, you are deemed to have expressly requested and approved that Trustly

collects the Account Information and shares the Mandate (incl. the Account Information) with

Trustly Sweden and the Merchant.

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4. USER REQUIREMENTS AND RESPONSIBILITIES

4.1. To use the Service, you must be of at least eighteen (18) years of age, or of such age as

required by the Merchant. Moreover, you must have the capacity to enter into legally binding

contracts and have the right to access and authorise access to the online bank account that

you collect information from. By agreeing to the Terms, you warrant that these requirements

are met.

4.2. Any use of the Service, including but not limited to the use of Credentials, shall be deemed to

be carried out by the authorised owner of the relevant bank account.

4.3. By using the Service, you confirm that you:

(i). will not use the Service in the capacity of a legal person or by using a corporate account,

(ii). will not use the Service for any fraudulent, unlawful or abusive purpose,

(iii). the Credentials you use are your own and you are duly authorised to use those in order to

use the Service,

(iv). will provide Trustly with true and complete data, and not misrepresent, withhold, or modify

any data,

(v). are the holder of the bank account from which the Account Information will be collected

and have the right to collect and share the Account Information with Trustly and set up a

Mandate in the name of the Merchant, including, where relevant, with the consent of any

co-holder of the relevant bank account,

(vi). protect your technical equipment and the confidentiality of your Credentials, to make sure

that this is not used by any unauthorised party,

(vii). are using the Service personally and do not allow any third party to use it,

(viii). shall not use the Service for any purpose that is in violation of your agreements with third

parties, these Terms or applicable law.

4.4. You are personally responsible for using the Services. You agree and acknowledge that your

failure to comply with these terms may result in Trustly:

(i). suspending access to the Services; and

(ii). claiming damages for any damage caused to Trustly or any third party.

4.5. If you know or suspect unauthorised use of the Service, including your Credentials, you must

immediately notify us via the contact form on Trustly’s Support page, and report the

unauthorised use of the Service to your online bank. It is very important that you report any

unauthorised use to your bank as soon as possible as you otherwise might not be able to

claim a refund from your bank.

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5. CHARGES

5.1. Trustly does not charge you any fees for the provision of the Service.

5.2. For the avoidance of doubt, you are responsible for any costs when using the Service that you

may incur from parties other than Trustly, such as bank charges.

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6. SERVICE AVAILABILITY

6.1. Trustly strives to provide an excellent Service, but does not guarantee the availability of the

Service. Trustly is not responsible for any losses, damages or similar if the Service is down,

not functioning as intended or expected.

6.2. The Service will be completed as quickly as possible after your request to Trustly and

following successful authorisation with your bank. However, the processing time depends on

how long it takes you to verify your identity with your bank and the amount of information

retrieved.

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7. SUSPENSION

7.1. Trustly may have to suspend the Service to:

(i). deal with technical changes; or

(ii). update the Service to reflect changes in relevant laws and regulatory requirements.

7.2. Trustly unilaterally reserves the right to suspend or block your use of the Service or you as a

User in the event of suspected criminal or illicit activity, imminent civil actions by third parties

due to the providing of the Service, or any other act or omission such as severe malfunction or

misuse of the Service. If Trustly deems the conditions set out in these Terms not to be

satisfied, or if it would be unlawful for Trustly to perform the Service, we may refuse to do so.

If so, Trustly or the Merchant will notify you, unless the law prevents us from doing so.

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8. COMMUNICATION

8.1. General information about our Service and these Terms is provided on an ongoing basis via

our website or via our interface used when you are using the Service. Security related

information will be communicated via our dedicated security page.

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9. QUESTIONS AND COMPLAINTS

9.1. Providing you with excellent service is important to Trustly. If you notice any indication of

malfunction of the Service, please notify us promptly.

9.2. If you have any questions relating to the Service you can contact our Support team via the

contact form on Trustly’s Support page. Trustly will communicate with you electronically and

in English.

9.3. If you wish to submit a complaint, you can contact our dedicated function within our Support

team handling consumer complaints. That dedicated function is our Complaints Manager and

is contacted through this Complaints Form.

9.4. In case you are not satisfied with Trustly’s handling of your complaint, you may be able to

refer your complaint to the UK Financial Ombudsman Service. You can contact the UK

Financial Ombudsman by telephone on: 0800 023 4567; by post at The Financial Ombudsman

Service, Exchange Tower, London, E14 9SR; or by email:

complaint.info@financial-ombudsman.org.uk .

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10. INTELLECTUAL PROPERTY

10.1. Trustly owns all intellectual property rights in and to the Service, our website and technology.

If you choose to give us feedback or suggestions about any part of our Service, website or

technology Trustly may use such feedback or suggestions without any limitations and without

payment to you.

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11. LIABILITY AND COMPENSATION

11.1. Trustly is not liable for the accuracy of the information maintained by your bank.

11.2. If the Service is not performed in an adequate way, and these inadequacies were caused by

Trustly, Trustly is responsible in relation to you.

11.3. To the extent Trustly is liable, this liability is limited to foreseeable loss or damage caused by

Trustly to the extent set out in these Terms or by mandatory law. Trustly is not liable for

indirect loss or damages incurred due to the use of the Service unless caused by Trustly’s

gross negligence.

11.4. Your purchase and receipt of goods, services, digital content or otherwise from the Merchant

will at all times be subject to the Merchant's own terms and conditions, and Trustly is not

responsible for the actions or inactions of the Merchant. Please ensure that you have reviewed

and accepted the Merchant's terms and conditions before using the Services. If you believe

that a payment was taken in error and that you are entitled to a refund, you must contact the

Merchant or your bank: Trustly is not responsible for the execution of the Direct Debit

payments and it is the Merchant or your bank (not Trustly) that is liable to refund any payment

taken in error (i.e. a chargeback).

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12. UNEXPECTED EVENTS BEYOND OUR CONTROL

12.1. Trustly is not liable for any economic loss, damage, delay or failure of performance to the

extent such loss, damage, delay or failure is caused by fire, flood, explosion, war, strike,

blockade, boycott, lockout, embargo, governmental requirements and/or actions, new

legislation, civil and military authority, data trespass, denial-of-service (DoS) attack, unlawful

action of the User or any other cause or similar circumstances beyond Trustly’s reasonable

control. The reservation as regards strike, blockade, boycott, lockout and similar also applies

if Trustly is itself the subject of or implements such industrial action.

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13. SEVERANCE

13.1. If any provision of these Terms is found by any court or administrative body of competent

jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect

the other provisions of these Terms which shall remain in full force and effect. If any provision

of these Terms is found to be invalid or unenforceable, but would cease to be invalid or

unenforceable if some part of the provision were deleted, the provision in question shall apply

with such modification as may be necessary to make it valid and enforceable.

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14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1. These Terms shall be governed by the laws of England and Wales. Disputes shall primarily be

resolved by negotiations in good spirit between the parties. Should the parties not be able to

reach an amicable agreement, the English courts shall have exclusive jurisdiction to settle any

dispute or claim arising out of or in connection with these Terms.

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Trustly UK Limited (corp. reg. no 08841430)

The Wingate, Shaftesbury Avenue, London, United Kingdom, W1D 5DY

website: https://trustly.com/en-GB

email: contactus@trustly.com

Supervised by the Financial Conduct Authority, 12 Endeavour Square, London E20 1JN
(0800 111 6768)