APPLICABLE GENERAL USER TERMS AND CONDITIONS V. 9.1 (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”).
 

1.2 As you find Trustly on a website belonging to an online supplier of a product or service (a  “Supplier”) you, in the capacity of a natural person, wish to make a purchase from,  authenticate yourself towards or share account information with, Trustly may provide you  with payment initiation services (“PIS”) or account information services (“AIS”), together  referred to as the “Service”. You find detailed information about the Service in section 4 below.  

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, 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 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 consent that information about you is collected from your online  bank and Supplier in order to be processed by Trustly in accordance with, and for the  purposes, set out in our Privacy Policy. This consent entails, inter alia, a right for Trustly  to save your account information for the purpose of improving your user experience by  providing a saved account option in future use of the Service.

3. ABOUT TRUSTLY

3.1 Trustly is a Swedish licensed payment institution authorised and supervised by the  Swedish Financial Supervisory Authority (Sw. Finansinpsektionen). 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 As you find Trustly on a Supplier’s website you wish to make a purchase from, or  authenticate yourself to, Trustly may provide you with payment initiation services (PIS) or  account information services (AIS).

4.2 The Service consists of an additional interface between you and the interface of your  online bank, designed specifically for the purpose of allowing you to execute a swift and  secure bank transfer, or make use of our account information service, in a user-friendly  interface 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. The Service is of a one-off nature  limited to each use of PIS and AIS.

4.3 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 information, 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. 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.

Payment Initiation Services

4.4 Trustly provides a regulated PIS. This is an account-to-account payment solution  supporting the execution of single payment transactions from bank accounts in many  European countries to a Supplier (“Transaction”).  

4.5 When you choose to make a Transaction, you will typically be directed to a Trustly page  to select your payment account provider (online bank) and the bank account from which  you wish to make a Transaction. In order to allow you to select the bank account from  which you will make the Transaction, Trustly may use AIS to collect a list of available bank  accounts (see further information on AIS below). Alternatively, you will be directed to a  Trustly page to select your bank and then be redirected to an interface controlled by your  bank to select your bank account. By selecting your bank, and when relevant bank  account, you consent to use the Service and instruct Trustly to initiate a Transaction of  your chosen amount, details of which will be clearly displayed to you. After you select your  bank and bank account, you will undergo authorization of the Transaction using Credentials issued by your bank. Once you have authorized the Transaction with your  bank, funds will usually leave or be reserved on your bank account immediately. Trustly will then confirm the successful initiation of the Transaction. Following this, you cannot  request Trustly to revoke the Transaction.

Account Information  

4.6 Trustly provides AIS which is a bank-independent service which enables you to extract  account information data, and certain thereto relating identifying information. The information retrieved may include your personal account details (such as name, address, email, phone number), transaction history, transaction amounts and descriptions, account  name and number, currency, account balance, any overdraft balance, payment due dates  and other information about your transactions from your online bank and the bank  account(s) chosen by you (“Account Information Data”). The Account Information Data  will be presented to you and submitted to your Supplier for the purpose of e.g. verifying  your bank account, demonstrating your private financial capacity in relation to e.g. requested online gaming transactions or a credit application or use for other purposes agreed between you and the Supplier. Trustly may also use Account Information Data to allow you to choose bank account to pay from when providing you PIS. The Account  Information Data may be shared with the Supplier as is, or in predefined format of a report compiled by Trustly. Trustly will also share the Account Information Data directly with you.

4.7 When you choose to use Trustly’s AIS, you typically will be directed to a Trustly page to  select your payment account provider (online bank) and the bank account(s) from which  you wish to share your Account Information Data. Alternatively, you will be directed to a Trustly page to select your bank and then be redirected to an interface controlled by your  bank to select your bank account. By selecting your bank, and when relevant bank  account, you consent to use the Service and instruct Trustly to gather Account Information  Data from your chosen account. After you select your bank and bank account, you undergo  authorization of the AIS using Credentials issued by your bank. Once you have authorized  the AIS with your bank, Account Information Data will usually be shared with Trustly  immediately. Trustly will then confirm the successful gathering of the Account Information Data and share it with the Supplier. Following this, you cannot request Trustly to revoke  the AIS service.  

5. USER REQUIREMENTS

5.1 To use the Service, you must be of at least eighteen (18) years old, or of such 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 assets available on you 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, and transfer it to the Supplier, including, where relevant, with the consent of any co holder of the relevant bank account,  

(vi) are the holder of the bank account from which the Transaction will be made and  have the right to complete the Transaction and make a payment to the Supplier,  including, where relevant, with the consent of any co-holder of the relevant bank  account,

(vii) protect your technical equipment and the confidentiality of your Credentials, to  make sure that this is not used by any unauthorized party,  

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

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. PROCESSING TIMES

Transactions

8.1 A Transaction is transferred via general clearing systems, meaning it might in exceptional  cases take up to three (3) Bank Days before funds from the Users are settled with the  Supplier.

AIS

8.2 The processing time for the collection of Account Information Data varies depending on  how long time it takes to 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.

9. CHARGES

9.1 Trustly does not charge you for any fees for the provision of the Service via the Supplier.

9.2 However, a foreign transaction (FX) fee charged by Trustly may apply when you make a  Transaction in a currency other than what is available on your relevant bank 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. The FX fee will be displayed to you in Trustly’s interface prior to authenticating the  Transaction. In addition, an FX fee can be incurred in cases where your Supplier are  sending you funds, for instance due to a refund, and is refunding you in a currency different  than the currency of your bank account.

9.3 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 and data traffic costs.  

10. SERVICE AVAILABILITY

10.1 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 if the Service is  down, 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.

11. UPDATES AND CHANGES

11.1 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.  

12. SUSPENSION

12.1 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.

12.2 Trustly unilaterally reserves the right to suspend a Transaction 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 Supplier will notify you, unless the law prevents us from doing so.  

13. COMMUNICATION

13.1 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.

14. QUESTIONS AND COMPLAINTS

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

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

14.3 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 or by sending a letter to the  address below:

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

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

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

14.6 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.

14.7 Moreover, in case we did 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.

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

15. CUSTOMER DUE DILIGENCE

15.1 The Transactions executed by you are 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 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 to complete  the payment transaction of the User or other consequences as called for. For the purposes  of complying with applicable regulations, records with information on you will be kept by  Trustly.

16. INTELLECTUAL PROPERTY

16.1 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.

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17. LIABILITY AND COMPENSATION

17.1 It is your account servicing payment service provider that is responsible for executing the  transaction you initiate using the Service. Trustly is not responsible for the accurate  execution of a Transaction once you have completed the necessary actions using the  Service and Trustly has submitted the correct and relevant instructions to your bank to  execute the Transaction.

17.2 If a payment order is not executed or has been executed in an inadequate 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  account servicing payment service provider (e.g. your bank) of the result.

17.3 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.

17.4 Your purchase of goods, services, digital content or otherwise from a 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.

17.5 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.

18. FORCE MAJEURE

18.1 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.

19. ASSIGNMENT

19.1 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.

20. SEVERANCE

20.1 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.

21. CONTRACT TERM

21.1 These Terms apply for the performance of the Service that you have requested Trustly to  perform. 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.

22. GOVERNING LAW AND DISPUTE RESOLUTION

22.1 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, floor 5

113 57 Stockholm/Sweden

website: https://trustly.com/

email: contactus@trustly.com

Supervised by the Swedish Financial Supervisory Authority

Box 7821

103 97 Stockholm

Email: finansinspektionen@fi.se Phone: +46 8 408 980 00