TRUSTLY’S GENERAL USER TERMS AND CONDITIONS
APPLICABLE GENERAL USER TERMS AND CONDITIONS, VERSION 8.0 (“THE TERMS AND CONDITIONS”)
1. OVERVIEW OF THE SERVICE
1.1 The service is a bank-independent payment service that supports the execution of payment transactions from bank accounts from a number of banks in a selection of countries (the “Service”). The Service constitutes a tool which you (the "User") may use to (a) execute payments from your online bank in a swift, secure and simple manner to an online supplier providing you a product or service (the “Supplier”); (b) authenticating oneself towards a Supplier and/or register an account with, the Supplier; and/or (c) receive a payment from the Supplier. The actions listed in (a) to (c) are hereinafter referred to as a “Transaction” and together the “Transactions”).
The Service consists of an additional interface between the interface of the User and the interface of the User’s online bank designed specifically for the purposes of allowing the User to execute a swift, secure and simple bank transfer in a user-friendly interface without any additional software or registration arrangements.
1.2 The Service is not offered by or affiliated with your bank. The Service is provided to you by Trustly Group AB (reg. no. 556754-8655), a duly licensed payment service provider with registered address at Norrtullsgatan 6, floor 7, 113 29 Stockholm/Sweden, authorised by the Swedish Financial Supervision Authority under number 045002, authorised to provide its services in Spain under the freedom to provide services ("Trustly"). Trustly is also registered with the relevant public register of payment institutions and other payment services providers held by the Swedish Financial Supervision Authority.
1.3. Please read these Terms and Conditions carefully. In case you do not accept the Terms and Conditions, do not proceed with the Transaction. By using the Service, you agree to these Terms and Conditions as applicable at the time of the Transaction. If you contact the email address email@example.com, Trustly will provide you with a paper copy of these Terms and Conditions. In the event of a change to the Terms and Conditions published on the website of Trustly, a new identification number will be assigned to the new version.
1.4. Once the User has entered all required details into the various parts of the Trustly online interface and clicked “continue”, the User will be deemed to have expressly requested and authorised the Transaction to take place in accordance with these Terms and Conditions. The User acknowledges and agrees that its authorisation to proceed with the Transaction is received by Trustly immediately following the User's expressed request and the User further acknowledges and agrees that it cannot withdraw or revoke its authorisation after this time.
1.5. Depending on which payment products of Trustly the User uses, additional terms and conditions may supplement these Terms and Conditions. In case of a contradiction between these Terms and Conditions and such special terms and conditions, the special terms and conditions shall prevail.
2. LOGIN INFORMATION PROVIDED BY THE USER
All Transactions via the Service, made using authentication data (codes/passwords, etc.) shall be deemed to be made by the authorised account user. The registration information you provide during the Transaction process will be collected and processed by Trustly. Trustly will send this information through the Service interface to the appropriate interface of your internet banking system through an existing secure connection. All data communication while using the service is encrypted and the secret user registration data is not saved at any time, but is only transmitted to the corresponding input field of the selected bank.
3. INFORMATION ABOUT THE USER
4. GENERAL REQUIREMENTS TO BE ABLE TO USE THE SERVICE
4.1. To use the Service, the User must have a minimum age of eighteen (18) years or the age required by the Supplier, and be able to establish a legally binding agreement and to possess the goods available through electronic banking, representing hereby that these requirements are met. The User hereby represents that these requirements are met. The User also guarantees that it will not use the Service for any purpose that infringes its agreements with third parties or the applicable law. The User shall be personally liable for such infringements and promises that the use of the Service will not result in any infringement of this type.
4.2. When using the Service, the User personally carries through and completes all necessary steps for proceeding with a Transaction such as logging in to the online bank, selecting account from which to pay, and signing a payment transaction. The User will, consequently, have full control over the completion of a Transaction. However, for certain Transactions, the Service may have to independently take some measures that are necessary for the functionality of the Service and to enable the User’s request to execute a Transaction (such as automatically and temporarily alter or adjust a setting or feature that prohibits or delays a Transaction).
5. TRANSACTION TIMES
The User acknowledges that a payment conducted via the Service is transferred via clearing systems, meaning it might in exceptional cases take up to three (3) Business Days before funds from the User are settled with the Supplier. For the purposes of these Terms and Conditions, “Business Day” shall mean a day (other than a Saturday or Sunday) on which the banks are open for general business in the cities where the banks of both the User and the Supplier used for carrying out the Transaction are located.
6. SUSPENSION OF THE SERVICE
Trustly may have to suspend the Service to deal with technical difficulties or to update the Service to reflect changes in relevant laws and regulatory requirements.
7 LIABILITY AND COMPENSATION
7.1 Trustly shall be liable to the User in respect of payment transactions executed using the Service to the extent specified in the Directive (EU) 2015/2366, the Payment Service Directive II (and any local implementation thereof). Unless required by mandatory and applicable law, Trustly shall not be liable in any way to the User, for any loss or damage, whether direct or indirect, arising from the use of the Service.
7.2 Your purchase of goods, services, digital content or otherwise from the Supplier will at all times be subject to the Supplier's 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.
8. POTENTIAL CHARGES AND EXPENSES APPLIED BY THE BANK OF THE USER
8.1 When executing a payment transaction through the Service, domestic or international payments may occur from time to time in which case a fee chargeable to the User's bank account may apply according to the terms of the agreement between the User and its bank. By using the Service, the User acknowledges that he or she is solely responsible for any and all fees applied by his or her bank when executing domestic or international payments/transactions.
9. COMPLAINTS AND NOTIFICATIONS OF DELAYS, INTERRUPTIONS, MALFUNCTION ETC.
9.1 If the User notice any indication of malfunction of the Service, the User shall notify Trustly promptly. Any questions or complaints relating to the Service shall be submitted to Trustly via the contact form on Trustly’s Support Center available at https://trustly.com/en/usersupport/ or sent to firstname.lastname@example.org. Users can also contact our Complaints Manager by sending a letter to the address below:
Trustly Group AB
To: Complaints Manager
Norrtullsgatan 6, floor 7
113 29 Stockholm/Sweden
9.2 Trustly will respond to questions or complaints electronically and in English. However, the User has the right to request that a response shall be translated into the official language where the Service is offered.
9.3 Trustly follows Swedish Financial Supervisory Authority’s general guidelines on complaints management (FFFS 2002:23) and handles complaints in accordance with existing regulations.
9.4 For further information on how Trustly handles questions or complaints, please visit https://trustly.com/en/usersupport/.
10. FORCE MAJEURE
Trustly shall not be liable for potential economic loss, delay or inadequate performance if these are caused by exceptional circumstances beyond the reasonable control of Trustly, including, without limitation, fires, floods, explosions, war, strikes, embargoes, governmental requirements, requirements of civil or military authorities, hacking, denial-of-service (DoS) attack or illegal actions by the User or any other cause beyond Trustly’s reasonable control.
11. SUSPICION OF CRIMINAL OR SIMILAR ACTIVITY
Trustly unilaterally reserves the right to take appropriate measures, to keep records, and to block or suspend any Transaction where it suspects criminal or illegal activity, unauthorized or fraudulent use of the Service or a use which supposes a threat for the security of the Service, an impending civil action by third parties arising from provision of the Service or any other act or omission, such as a serious fault or misuse of the Service, which could result in harm to the User or Trustly, regardless of the nature of such potential harm.
12. PROVISIONS RELATING TO KNOWLEDGE OF THE CUSTOMER AND OBLIGATIONS OF THE USER RELATING TO THE PROVISION OF INFORMATION
Payment transactions made by the User shall be subject to supervision in order to ensure compliance with the applicable provisions designed to combat money laundering and the funding of terrorist activities. The policies and practices applied are continually reviewed and may vary over time according to user-related circumstances such as transaction patterns and geographical location, among others. A record may be kept to ensure compliance with applicable regulations and to request additional information from the User in order to resolve issues relating to identity, the purpose of the payment transactions and the source of the funds. By performing a payment transaction using the Service, the User agrees to provide all information deemed necessary for such purposes and agrees that failure to provide such information may result in refusal to perform the payment transaction or in other consequences, depending on the situation.
13. RESPONSIBILITY OF THE BANK OF THE USER OR THE BANK OF THE SUPPLIER
The User shall consult with its bank and, where relevant, with the bank of the Supplier, any other terms or conditions in connection with the conditions on refunds regarding non-executed, defective or late payment transactions.
These Terms and Conditions are available in Spanish and English. In case of discrepancies between both versions, the English version shall prevail.
If a court or administrative authority in the competent jurisdiction declares any provision of these Terms and Conditions void or unenforceable, such invalidity or unenforceability shall not affect its other provisions, which shall continue in full force providing these Terms and Conditions can survive without them. Similarly, if any provision of these Terms and Conditions is declared void or unenforceable, but its validity or enforceability is restored by removing part of the provision in question, it shall be applied with the relevant modification to recover its validity and enforceability.
16. GOVERNING LAW AND COMPETENT JURISDICTION
These Terms and Conditions shall be governed by the laws of Spain. Should the User notify a disagreement regarding the Service, they will be offered a service designed to settle it amicably. If the User chooses this route, Trustly and the User shall attempt to resolve their differences within a maximum period of thirty (30) days. If the parties have not reached an amicable settlement within the above-mentioned period, the User may submit a claim to the courts having jurisdiction or, in the case of a consumer, resort to consumer arbitration. Notwithstanding the foregoing, the User shall retain the right to submit the claim directly to the courts or competent bodies without resorting to the above-mentioned amicable settlement procedure.