GENERAL END USER TERMS AND CONDITIONS V. 2.0 (THE “TERMS”)

1. INTRODUCTION

1.1 The service you (“you”, the “User”) are about to use is provided 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”).
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1.2 Trustly is authorised by the FCA as a payment institution (FRN 1005703) with permission to provide payment initiation services and account information services. 

1.3 These Terms apply to Trustly's payment initiation services ("PIS") and/or account information services (“AIS” and together with PIS, the “Services”). Please find more information about the Services in Section 3 below.

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. You must agree to the Terms in force at any given time in order to use the Service, so please make sure to read these Terms carefully each time you use the Service. If you do not agree to these Terms, you cannot use the Services.
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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.
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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.
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2.4 Trustly will never come into possession of your bank login information and security credentials (“Credentials”).

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3. ABOUT THE SERVICES

3.1 You will find Trustly on a Merchant’s website from which you wish to make a purchase from, or authenticate yourself to. Trustly acts as a Payment Initiation Service and/or Account Information Service provider. Upon your instruction, Trustly provides a service to enable the transfer of funds from your bank to a Merchant or obtains information from your bank and shares this with the Merchant or others as described in the Privacy Policy. 
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3.2 It is important to understand that Trustly does not store or manage your funds. We act as an agent for merchants, securing their funds. Your bank account funds and relationship with your bank are solely your responsibility.
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Payment Initiation Services

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3.3 You can use Trustly's PIS to make a payment from your online bank to the Merchant you wish to make a purchase from.
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3.4 When you choose to make a transaction to an online Merchant, you will typically be directed to a Trustly page to select your payment account provider (online bank). Once you have clicked “continue” (or similar call for action button), you will be deemed to have expressly requested Trustly to perform the PIS transaction. Trustly will redirect you to your online banking application, where you will be required to log-in and authenticate yourself towards your bank using your Credentials.
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3.5 You will be presented with the available bank accounts with your bank and required to select which account(s) you wish to make the transaction from.
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3.6 By selecting your bank account(s), you are instructing Trustly to initiate a transaction of the required amount, details of which will be clearly displayed to you. You will then be asked to use the Credentials provided by your bank to authorise the transaction.
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3.7 Once the transaction is authorised with your bank, funds will usually leave or be reserved in your bank account immediately and Trustly will then confirm the successful initiation of the transaction. Following this, you cannot request Trustly to cancel the transaction.
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3.8 The transaction is transferred via general clearing systems. Compliance with regulatory obligations by both your bank and the Merchant’s bank can sometimes cause delays to processing times that are beyond our control.
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3.9 If your bank confirms to us that the payment was successfully initiated, Trustly will confirm to the Merchant that the payment is on its way.
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3.10 Trustly may share information about your transaction with the Merchant , including your name, the name of your bank, or your account details. The information that Trustly will share with the Merchant will be disclosed to you before you consent to Trustly's PIS and accept these Terms.
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3.11 If you wish to receive a refund of the payment for any reason, you should contact the Merchant or your bank.

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Account Information Services

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3.12 You can use Trustly's AIS to obtain account information from your online bank and share this information with the Merchant that you wish to make a purchase from and/or others as set out in the Privacy Policy

3.13 Once you have entered all the required details into the various parts of the Trustly online interface and clicked “continue” (or similar call-for-action button), you will be deemed to have expressly requested Trustly to perform the AIS. Trustly will redirect you to your online banking application, where you will be required to log-in and authenticate yourself towards your bank using your Credentials.

3.14 You will be presented with the available bank accounts with your bank and required to select the account(s) that you wish to obtain information from

3.15 With your consent, Trustly will share the account information with the Merchant and/or others as set out in the Privacy Policy. The information shared could include your name, the name of your bank, or your account details (“Account Information Data”). The information that will be shared will be disclosed to you before you consent to Trustly's AIS and accept these Terms.

3.16 Once you have authorised the AIS with your bank, the Account Information Data will usually be shared with Trustly immediately so you cannot withdraw or revoke the authorisation after this time.

3.17 The processing time for the collection of Account Information Data varies depending on how long it takes you to identify against the bank and how much information will be retrieved but will be completed as soon as possible after your request to Trustly and subsequent authorisation with your bank.

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4. USER REQUIREMENTS AND RESPONSIBILITIES

4.1 To use the Services, you must be of at least eighteen (18) years old, 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 access and authorise payments from the online bank account that you access to fund the payment. 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 You confirm that you:

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

(ii) will not use the Services 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 our Services,

(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 Services are provided and have the right to use the Services, 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 Services personally and do not allow any third party to use it,

(viii) shall not use the Services 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 Services, including your Credentials, you must immediately notify us via the contact form on Trustly’s Support page, and report the unauthorised use of the Services to your online bank. The bank, and not Trustly, will decide whether you shall be reimbursed for any loss in accordance with your agreement with your bank. It is very important that you as soon as possible report any unauthorised use to your bank 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 for any fees for the provision of the Services.

5.2 For the avoidance of doubt, you are responsible for any costs when using the Services that you may incur from parties other than Trustly, such as bank charges.

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.

7. SUSPENSION

7.1 Trustly may have to suspend the Services to:

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(i) deal with technical changes; or

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

7.2 Trustly unilaterally reserves the right to suspend or block your use of the Services 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 Services, or any other act or omission such as severe malfunction or misuse of the Services. If Trustly deems the conditions set out in these Terms not to be satisfied, or if it would be unlawful for Trustly to provide the Services, 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 Services 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 Services is important to Trustly. If you notice any indication of malfunction of the Services, please notify us promptly.
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9.2 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.

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

10. CUSTOMER DUE DILIGENCE

10.1 The payment you make using the Services is subject to monitoring for the purposes of complying with applicable regulations on anti-money laundering and countering the financing of terrorism. To comply with relevant regulations, information may be requested from you in order to establish for instance your identity, purpose of the payment transaction and origin of funds. By executing a payment transaction through the Services, the User commits to provide any and all such information as may be deemed necessary for these purposes and recognises that non-compliance with such request may result in refusal to complete the payment transaction of the User.

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11. LIABILITY AND COMPENSATION

11.1 Trustly owns all intellectual property rights in and to the Services, our website and technology. If you choose to give us feedback or suggestions about any part of our Services, website or technology Trustly may use such feedback or suggestions without any limitations and without payment to you.

12. LIABILITY AND COMPENSATION

12.1 It is your bank that is responsible for executing the transaction you initiate using the PIS and the accuracy of the information collected using the AIS.
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12.2 If the Services are not performed in an adequate way, and these inadequacies were caused by Trustly, Trustly is responsible in relation to you. In such cases we will try to trace the payment order as soon as possible and notify you or your bank of the result.

12.3 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 Services unless caused by Trustly’s gross negligence.

12.4 Your purchase of goods, services, digital content or otherwise from the Merchant using the Services 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 to make a payment to and/or share information with the Merchant.

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13. UNEXPECTED EVENTS BEYOND OUR CONTROL

13.1 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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14. SEVERANCE

14.1 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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15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1 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)