APPLICABLE TERMS AND CONDITIONS FOR TRUSTLY’S ACCOUNT INFORMATION SERVICE V1.0 (THE “TERMS”)

1. INTRODUCTION 

1.1. The service you (“you”, the “User”) are about to use is provided by Trustly Group AB, company reg. no. 556754-8655, with address at Rådmansgatan 40, floor 5, 113 57 Stockholm, Sweden, (”us”, “Trustly") on the terms and conditions set out below (the “Terms”). 

1.2. To be able to execute recurring payments from your bank account to an online merchant (“Merchant”) via direct debit, the Merchant needs a proxy from you giving the Merchant permission to make transfers from your bank account. Such a proxy, called a direct debit mandate (“Mandate”), is an agreement between you and the Merchant, registered with Bankgirot. To set up a Mandate, you must provide certain account information (such as bank account number) and related identifying information (such as your name and personal identity number).

1.3. Trustly’s Account Information Service (the “Service”) is a bank-independent service where we assist you to electronically collect the information needed from your bank in order to choose which bank account the Mandate should be set up for. When you approve these Terms, you give Trustly permission to collect this information and transfer it to the Merchant in order to set up a Mandate with Bankgirot. 

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2. THE TERMS 

2.1. These Terms apply each time you use the Service. These Terms do not constitute a framework agreement between you and Trustly. You must agree to the Terms in force at any given time in order to use the Service. Therefore, please make sure to read these Terms carefully each time you use the Service. The Terms may be revised from time to time without prior notice. The revised version will be labelled with a new version number. 

2.2. Once you have entered all the required details (such as, where applicable, your personal identification number) into the Trustly online interface and clicked “continue” (or similar call-for-action button), you will be deemed to have expressly requested and authorised Trustly to perform the Service in accordance with these Terms. You hereby acknowledge and agree to that this authorisation is received by Trustly immediately following your request and that you cannot withdraw or revoke the authorisation after this time. 

2.3. 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 in Section 13 and 21 below). You can view the latest version of these Terms at any time via our website and in direct connection with using our Service. 

2.4. By using the Service, you acknowledge that account information data and other personal data which you make available by using the Service, is collected from your online bank and processed by Trustly in accordance with, and for the purposes, set out in these Terms and in the Privacy Policy.

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3. ABOUT TRUSTLY 

3.1. Trustly is a Swedish licensed payment institution authorised and supervised by the Swedish Financial Supervisory Authority (Sw. “Finansinspektionen”). Trustly performs the Service in accordance with the Swedish Payment Services Act (2010:751) and Directive (EU) 2015/2366 on payment services (PSD2). 

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4. ABOUT THE SERVICE 

4.1. The Service is a bank-independent service which enables you to extract information on your bank accounts and certain thereto relating identifying information from your online bank and the bank account(s) chosen by you. The purpose of the Service is to make it easier for you to register a Mandate for recurring payments via autogiro to a Merchant that you have entered into an agreement with for the provision of certain goods and/or services. It is then the Merchant who requests and initiates the payment from the account you have chosen to register the Mandate for. 

4.2. The Service includes an interface between you and your online bank and requires a connection to the internet to function. The Service is designed specifically to allow you swift and secure access to your account information data without the need for any additional software or registration arrangements. To use the Service, you need a device with internet connectivity that supports an internet browser as well as access to whatever technical equipment and/or software that your bank requires you to use in order to authenticate yourself towards your bank. 

4.3. Once you have entered all the required information in the Trustly online interface and clicked “continue” (or similar call-for-action button), you will be deemed to have expressly requested and consented to Trustly performing the Service in accordance with these Terms. You hereby acknowledge and agree that this authorisation is received by Trustly immediately following your request and that you cannot revoke or change the authorisation after this time. As the Service is performed directly following your request, there is no possibility of withdrawal of your consent to these Terms. The Service is of a one-off nature, limited to each use. 

4.4. The processing time for the collection of the data varies depending upon how long time it takes to identify yourself towards the bank and how much information will be retrieved. The Service usually does not take more than a minute to complete, but it will be completed as soon as possible after your request to Trustly and subsequent authorisation towards your bank. 

4.5. The account information data and your identifying data may be shared with your Merchant. 

4.6. The Mandate is set up for the Merchant in accordance with these Terms. It takes one business day to set up a Mandate, but it may take up to six business days from when the Mandate is set up to when a payment can be made from the chosen account. 

4.7. The login information and security credentials (“Credentials”) provided by you when using the Service may be collected and processed by Trustly. Trustly will, when relevant, forward the Credentials, through the Service interface, to the corresponding interface of your online bank through a secure connection. All communication transferred when using the Service is encrypted and your Credentials are only forwarded to the corresponding input field of the selected bank but is never stored by Trustly. Trustly will never ask you to share your Credentials with us beyond when using the Service. Neither Trustly nor the Merchant will be able to access your Credentials at any time and neither Trustly nor the Merchant will store your Credentials. 

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5. USER REQUIREMENTS 

5.1. To use the Service, you must be of at least sixteen (16) years of age, or of such older age as required by the Merchant. Moreover, you must have the capacity to enter into legally binding contracts and have the right to dispose of the information you make available via your online bank. By agreeing to these Terms, you hereby guarantee that these requirements are met. 

5.2. To be able to use the Service, you must personally fill out and complete all steps presented to you in the flow described in section 4 above. 

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6. USER RESPONSIBILITIES 

6.1. 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. 

6.2. You hereby warrant 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 unauthorised 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 information, and not misrepresent, withhold, or modify any data or in any other way act fraudulently,

(v) are the holder of the bank account where the account information data will be retrieved from and have the right to make available the data to Trustly and 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 ensure that these are 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 agreements with third parties, these Terms or applicable law. 

6.3. You are personally responsible for any and all unauthorised use of the Service. You agree and acknowledge that Trustly may (i) suspend your access to the Service, and (ii) claim damages for any damage caused to Trustly or any third party, due to your failure to comply with these Terms. 

6.4. If you know or suspect unauthorised use of the Service, including unauthorised use of 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 the bank in which you hold the bank account selected for the performance of the Service. It is very important that you as soon as possible report any unauthorised use to your bank as you otherwise may not be able to claim a refund from your bank. 

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7. PERSONAL DATA 

7.1. Trustly processes your personal data in accordance with applicable data protection legislation. For more information on how we process your personal data, including information on who we may share your personal data with, see our Privacy Policy. 

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8. CHARGES 

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

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9. SERVICE AVAILABILITY 

9.1. 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 that is a result of the Service being unavailable, not functioning as intended or expected, if the account information is incorrect in any way, or similar, to the extent permitted under applicable law. 

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10. UPDATES AND CHANGES TO THESE TERMS 

10.1. These Terms may be updated and changed from time to time, and it is therefore important for you to read these Terms before you complete your request to set up the Mandate each time you use the Service. If the Terms are updated, the updated version will be given a new version number. 

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11. SUSPENSION OF THE SERVICE 

11.1. Trustly may have to suspend the Service to (i) deal with technical changes or (ii) to update the Service to reflect changes in relevant laws and regulatory requirements. 

11.2. Trustly unilaterally reserves the right to suspend the Service for you, in the event of suspected criminal or illicit activity, imminent civil actions by third parties due to the provision of the Service, or any other act or omission such as severe malfunction or misuse of the Service by you. If Trustly considers you not satisfying the conditions set out in these Terms, or if it would be unlawful for Trustly to perform the Service, we may refuse to provide you with the Service. If so, Trustly or the Merchant will notify you, unless the law prevents us from doing so. 

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12. COMMUNICATION 

12.1. General information about our Service and these Terms is provided on an ongoing basis via our website www.trustly.com/ or via our interface used when you are using the Service. Security related information will be communicated via our dedicated page for security, www.trustly.com/security. 

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13. QUESTIONS AND COMPLAINTS 

13.1. Providing you with excellent Service is important to Trustly. If you notice any indication of malfunction of the Service, please notify us promptly. 

13.2. Any questions relating to the Service shall be submitted to Trustly via the contact form on Trustly’s support page. Trustly will communicate with you electronically and in English. You also have a right to request a translation to the official language where the Service is offered, and that any information shall be delivered to you in physical form by ordinary mail. 

13.3. If you wish to submit a complaint, you can contact our dedicated function within our Support team dealing with consumer complaints. That dedicated function is our Complaints Manager, and this function can be contacted through this complaints form or by sending a letter to the address below:

Trustly Group AB
To: Complaints Manager
Tagliaferro Business Centre
Level 7
Gaiety Lane c/w High Street
Sliema, SLM 1551
Malta 

13.4. Trustly follows the Swedish Financial Supervisory Authority’s general guidelines on complaints management (FFFS 2002:23) and handles complaints in accordance with existing regulations. 

13.5. For further information on how Trustly handles questions or complaints, please visit www.trustly.com/support. 

13.6. In case you are not satisfied with Trustly’s handling of your complaint, you can contact the Swedish National Board for Consumer Disputes (ARN), Box 174, 101 23 Stockholm. More information is available at www.arn.se. 

13.7. More information on dispute resolution is available https://www.konsumenteuropa.se. 

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14. CUSTOMER DUE DILIGENCE 

14.1. To comply with relevant regulations, information may be requested from you in order to establish, for instance, your identity and the purpose of your use of the Service. By using the Service, you commit to provide any and all such information as may be deemed necessary for these purposes and recognise that non-compliance with such request may result in refusal by Trustly to provide you with the Service. For the purposes of complying with applicable regulations, your personal data will be stored by Trustly. 

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15. INTELLECTUAL PROPERTY 

15.1. Trustly owns all intellectual property rights in and to the Service, our website and technology. If you choose to give us feedback or suggestions regarding 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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16. LIABILITY AND COMPENSATION 

16.1. Trustly is only liable to you for 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 losses or damages incurred due to the use of the Service unless caused by Trustly’s gross negligence. 

16.2. Your purchase of goods, services, digital content, receipt of funds, or other from the Merchant by using the Service will at all times be subject to the Merchant's own terms and conditions. Trustly shall in no way be liable for actions or inactions of the Merchant. Please ensure that you have reviewed and accepted the Merchant's terms and conditions before using the Service. 

16.3. Trustly is not responsible for any damage or loss arising from, or relating to, hacking, tampering or in any other unauthorised access to your Credentials or use of the Service that is not within our reasonable control. 

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17. FORCE MAJEURE 

17.1. Trustly is not liable for any economic loss, damage, delay in or failure of performance of the Service 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 by you 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 actions. 

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18. SEVERANCE 

18.1. 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. They 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 was modified, the provision in question shall apply with such modification as may be necessary to make it valid and enforceable. 

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19. CONTRACT TERM 

19.1. These Terms apply for the performance of the Service. Each time you use the Service, you will need to approve the current version of the Terms. For the avoidance of doubt, these Terms do not constitute a framework agreement between you and Trustly. 

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20. GOVERNING LAW 

20.1. These Terms shall be governed by the laws of Sweden. Disputes shall primarily be resolved by negotiations in good faith between the parties. Should the parties not be able to reach an amicable agreement, the dispute shall be resolved by a Swedish general court. 

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Trustly Group AB (556754-8655) 

Rådmansgatan 40 

113 57 Stockholm

Website: https://www.trustly.com/ 

E-mail: contactus@trustly.com 

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Supervised by the Swedish Financial Supervisory Authority Box 7821 

103 97 Stockholm

Email: finansinspektionen@fi.se 

Phone number: +46 8 408 980 00