APPLICABLE REGISTER ACCOUNT USER TERMS AND CONDITIONS V. 1.0 (THE “TERMS”)

1. GENERAL 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”).

2. THE TERMS

2.1. These Terms apply each time you use the Service (as defined in Chapter 4 below). 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, 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 Service. The Terms may be revised from time to time without prior notice and the revised version will be labelled with a new version number.

2.2. 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 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 identifying 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 the Privacy Policy.

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).

3.2. Trustly is also deemed authorised and regulated by the Financial Conduct Authority pursuant to the Temporary Permissions Regime. Details of the Temporary Permissions Regime, which allows EEA-based firms to operate in the UK for a limited period while seeking full authorisation, are available on the Financial Conduct Authority’s website.

4. ABOUT THE SERVICE

4.1. The Trustly register account service (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 register a bank account eligible for receipt of transfer of funds initiated by your supplier. The supplier is the online supplier that you have entered into an agreement with for the provision of certain goods and/or services (the “Supplier”). Your Supplier may for instance want to initiate a transfer of funds to refund you for goods that you have purchased and then returned to your Supplier.

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 to execute a swift and secure access to your account information data without 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 requests that you use in order to authenticate yourself towards your bank.

4.3. Once you have entered all 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 and consented to account information data and certain identifying information being collected 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. Further, as the Service is performed directly following your request, you have no right of withdrawal of 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 on how long time it takes 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 authorization with your bank.

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

4.6. The login information and security credentials (“Credentials”) provided by you when using the Service will 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. Trustly will never ask you to share your Credentials with us. Neither Trustly nor the Supplier will be able to access your Credentials at any time and neither Trustly nor the Supplier will store your Credentials.

4.7. In addition to the automated flow described above, there is also a variant of the Service whereby you manually enter your account number that you want to make eligible for receipt of transfer of funds initiated by your supplier. These Terms also apply to the manual flow.

5. USER REQUIREMENTS

5.1. To use the Service, you must be of at least eighteen (18) years of age, or of such older age as required by the Supplier. Moreover, you must have the capacity to enter into legally binding contracts and have the right to dispose of the information available on your online bank. By agreeing to the 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.

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 authorized 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 abusive purpose,

(iii) the Credentials you use are your own and you are duly authorised to use those in order to use our 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 where the account information data will be retrieved from and have the right to make available the data to Trustly, 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 unauthorized 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.

6.3. You are personally responsible for any and all violations of the Service. You agree and acknowledge that Trustly may (i) suspend 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 unauthorized use of the Service, including your Credentials, you must immediately notify us via the contact form on Trustly’s Support page, and report the unauthorized 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 might not be able to claim a refund from your bank.

7. PERSONAL DATA

7.1. It is important to Trustly to protect your personal data. Trustly processes your personal data in accordance with applicable data protection legislation. For more information, including information on who we may share your personal data with, see our Privacy Policy.

8. CHARGES

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

8.2. However, a foreign transaction (FX) fee charged by Trustly may apply when Trustly is performing a transfer of funds to you initiated by your Supplier. That may be the case when the transfer is made in a currency other than what is available on your relevant bank account, for instance if your Supplier is sending EUR to a SEK account. The FX fee is based on a reference currency exchange rate provided by Oanda Corporation (185 Berry Street, Suite 4700, San Francisco, CA 94107) to which Trustly then adds an FX fee.

8.3. For the avoidance of doubt, you are responsible for any costs that you may incur from third parties when using the Service, such as bank charges, data traffic costs, and tax related fees (if applicable).

9. SERVICE AVAILABILITY

9.1. Trustly strives to provide an excellent Service, but do 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 data is incorrect in any way, or similar, to the extent permitted under applicable law.

10 .UPDATES AND CHANGES

10.1. Trustly is entitled to implement updates and new versions of the Service to the extent Trustly considers appropriate. Trustly is also entitled to implement changes to the Service or the way the Service is provided without prior information.

11. SUSPENSION OF THE SERVICE

11.1. 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.

11.2. Trustly unilaterally reserves the right to suspend the Service to you, 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 by you. If Trustly deems the conditions set out in these Terms are not satisfied, or if it would be unlawful for Trustly to perform the Service, we may refuse to do so. If so, Trustly or the Supplier will notify you, unless the law prevents us from doing so.

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, https://www.trustly.com/security.

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 into the official language where the Service is offered, and that any information shall be delivered to you in a 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 it can be contacted through this Complaints form or by sending a letter to the address below:

Trustly Group AB
To: Complaints Manager
Box 45020
104 30 Stockholm
Sweden

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 https://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 with your compliant. More information is available at: www.arn.se.

13.7. Moreover, in case we did do not resolve your complaint to your satisfaction and you have used our services in the UK, you may be able to refer your complaint to the UK Financial Ombudsman Service. You can contact the UK Financial Ombudsman by telephone on: from inside the UK: 0800 023 4567; from other countries: +44 20 7964 0500; by post at The Financial Ombudsman Service, Exchange Tower, London E14 9SR; or by email: complaint.info@financial-ombudsman.org.uk. The UK Financial Ombudsman Service is also available in a number of different languages and if you need it, you will be put in touch with a translator when you contact the UK Financial Ombudsman Service.

13.8. More information about online dispute resolution is available at: www.konsumenteuropa.se.

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, the User commits to provide any and all such information as may be deemed necessary for these purposes and recognize 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, records with information on you will be kept by Trustly.

15. INTELLECTUAL PROPERTY

15.1. 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 Service, website or technology Trustly may use such feedback or suggestions without any limitations and without payment to you.

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 loss 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 otherwise from the Supplier by using the Services will at all times be subject to the Supplier's own terms and conditions, and Trustly shall in no way be liable for the actions or inactions of the Supplier. Please ensure that you have reviewed and accepted the Supplier's terms and conditions before using the Service.

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

17. FORCE MAJEURE

17.1. 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.

18. ASSIGNMENT

18.1. You may not assign or transfer any rights or obligations you have according to the Terms. Trustly is entitled to assign all or parts of its rights and obligations according to the Terms, provided that such assignment or transfer is not to your disadvantage and does not change the rights and obligations you have according to the Terms.

19. SEVERANCE

19.1. 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.

20. CONTRACT TERM

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

21. GOVERNING LAW

21.1. These Terms shall be governed by the laws of Sweden. 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 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

Supervised by the Swedish Financial Supervisory Authority

Box 7821

103 97 Stockholm

Email: finansinspektionen@fi.se

Phone number: +46 8 408 980 00