APPLICABLE GENERAL USER TERMS AND CONDITIONS TRUSTLY DIRECT DEBIT UK V. 1.0 (THE “TERMS”)

1. GENERAL INTRODUCTION OF THE SERVICE

1.1 Trustly Direct Debit UK (the “Service”) is a service provided by Trustly UK Limited,company reg. no. 08841430, with address at 80 Clerkenwell Road, London, England, EC1M 5RJ, (”us”, “we” or “Trustly"), pursuant to which you (the “User” or “you”) can instruct Trustly to obtain account information from your online bank and share that information with a service provider in order to set up a direct debit instruction for recurring payments under BACS Direct Debit Scheme (“Mandate”) with an online merchant you wish to purchase goods or services from (“Merchant”) as the payee under the BACS Rulebook in order to execute such recurring payments from your selected bank account to that Merchant. For the avoidance of doubt, the Service provided by Trustly to you is isolated to the collection of account information from your online bank for the purpose of setting up the Mandate. The Merchant is responsible for all other matters regarding the Mandate as well as the payments, goods and/or services.

1.2 As part of providing the Service, Trustly will provide you with account information services, which means that Trustly will access your online bank account in order to collect the information required to complete the Mandate (i.e. account details such as sort code, account number, account name and account balance) (“Account Information”) and you will be required to authenticate yourself to your bank to allow such access. In order to use the Service, your bank account(s) must be available online. Depending on your online banking application and your requirements, Trustly will present you with a list of your bank account(s) eligible for registering a Mandate including balances associated with those bank account(s) and, once you have selected your preferred bank account, Trustly will share the account details with Trustly Group AB, a Swedish company with company reg no 556754-8655 (“Trustly Sweden”), an affiliate company to Trustly, in order to present you with the final Mandate for your review and confirmation. Trustly Sweden may additionally share the final Mandate with the Merchant on the Merchant’s request.

1.3 The final Mandate is then set up with BACS in the Merchant’s name. As the Mandate is in the Merchant’s name (as payee), questions relating to your Mandate can only be answered by your Merchant, and in case you want to revoke your Mandate please reach out to your Merchant or your bank.

1.4 By entering all required details into the Trustly online interface and clicking “continue” / “setup” or similar, you are deemed to have expressly requested and approved that Trustly collects the Account Information and shares the Mandate (incl. the Account Information) with Trustly Sweden and the Merchant.

1.5 The Service is not offered or affiliated with your bank. It is an account information service provided by Trustly. Trustly is authorised by the FCA as a payment institution (FRN 1005703) with permission to provide account information services.

2. THE TERMS

2.1 Please read these Terms carefully. In case you do not accept the Terms, do not proceed with using the Service. Each time you use the Service, you are required to agree to the Terms applicable at the time of using the Service. The Terms may be revised from time to time without prior notice and you must therefore ensure that the terms are reviewed in each case before proceeding with use of the Service. In the event of a change of the terms, the revised version will be labelled with a new version number.

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 in Section 10 below). You can view the latest version of these Terms at any time via our website and in direct connection with using the Service.

2.3 By using the Service, you acknowledge that information about you is collected from your online bank and processed by Trustly in accordance with, and for the purposes set out in, our Privacy Policy.

2.4 Trustly will never come into possession of your bank login information and security credentials (“Credentials”).

3. USER REQUIREMENTS

3.1 To use the Service, you must be at least eighteen (18) years of age, or of such 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 access to the online bank account that you collect information from. By agreeing to the Terms, you warrant that these requirements are met.

3.2 By using the Service, you hereby warrant that you:

1. will not use the Service in the capacity of a legal person or by using a corporate account;
2. will not use the Service for any fraudulent, unlawful or abusive purpose;
3. the Credentials you use are your own and you are duly authorised to use those in order to use the Service;
4. will provide Trustly with true and complete data, and not misrepresent, withhold, or modify any data;
5. are the holder of the bank account from which the Account Information will be collected and have the right to collect and share the Account Information with Trustly and set up a Mandate in the name of the Merchant, including, where relevant, with the consent of any co-holder of the relevant bank account;
   
6. protect your technical equipment and the confidentiality of your Credentials, to make sure that they are not used by any unauthorized party;
7. are using the Service personally and do not allow any third party to use it; and (viii) shall not use the Service for any purpose that is in violation of your agreements with third parties, these Terms, or applicable law.

3.3 You are personally responsible for using 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.

3.4 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 your online bank. It is very important that you report any unauthorized use to your bank as soon as possible, as you otherwise might not be able to claim a refund from your bank.

4. LIABILITY

4.1 Trustly is not liable for the accuracy of the information maintained by your bank.

4.2 If the Service is not performed in an adequate way, and these inadequacies were caused by Trustly, Trustly is responsible in relation to you.

4.3 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.

4.4 Your purchase and receipt of goods, services, digital content, or otherwise from the Merchant will at all times be subject to the Merchant’s own terms and conditions, and Trustly shall in no way be liable 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 Service. If you believe that a payment was taken in error and that you are entitled to a refund, you must contact the Merchant or your bank. Trustly is not responsible for the execution of the Direct Debit payments, and it is the Merchant or your bank (not Trustly) that is liable to refund any payment taken in error (i.e. a chargeback).

5. FEES

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

5.2 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.

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 or not functioning as intended or expected.

6.2 The processing time for the Service varies depending on how long it takes for you to authenticate with your bank and how much information needs to be retrieved but will be completed as soon as possible after your request to Trustly and subsequent authorization with your bank.

7. PERSONAL DATA

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 details on who we may share your personal data with, see our Privacy Policy.

8. SUSPENSION

8.1 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.

8.2 Trustly unilaterally reserves the right to suspend or block your use of the Service or you as a User 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. 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 Merchant will notify you unless the law prevents us from doing so.

9. COMMUNICATION

General information about our Service and these Terms is provided on an ongoing basis via our website https://www.trustly.com/en-GB or through our interface when using the Service. Security-related information will be communicated via our dedicated security page.

10. QUESTIONS AND COMPLAINTS

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

10.2 If you have any questions relating to the Service, you can contact our Support team via the contact form on Trustly’s Support page. Trustly will communicate with you electronically and in English.

10.3 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 can be contacted through this Complaints Form.

10.4 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 at complaint.info@financial-ombudsman.org.uk.

11. INTELLECTUAL PROPERTY

Trustly owns all intellectual property rights in and to the Service, 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.

12. FORCE MAJEURE

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 regarding strike, blockade, boycott, lockout, and similar circumstances also applies if Trustly is itself the subject of or implements such industrial action.

13. SEVERANCE

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 so 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.

14. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by the laws of England and Wales. 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)

80 Clerkenwell Road, London, England, EC1M 5RJ

website: https://trustly.com/en-GB/

email: contactus@trustly.com

Supervised by the Financial Conduct Authority, 2 Endeavour Square, London, E20 1JN

(0800 111 6768)