These terms provide that potential disputes between you and Trustly, if any, will be resolved by binding arbitration. Please see the section labeled “Dispute Resolution” below.
1. Overview of the PayWithMyBank Services. You were probably directed to the PayWithMyBank Services because you are purchasing goods or obtaining services from a Merchant. To obtain these goods or services, you need to provide payment and/or information to the Merchant. That Merchant has entered into an agreement with us to enable you to provide such payment and/or information to the Merchant in connection with the goods or services you are obtaining from them. In some cases, you may even be receiving funds from the Merchant. The PayWithMyBank Services enable you to (i) provide information and/or payment to a Merchant, and/or (ii) authorize a Merchant to obtain information and/or payment from, or send payment to, you, for the goods or services you wish to obtain from such Merchant. The PayWithMyBank Services, in some cases or for some Merchants, may be limited to use within a certain U.S. state.
2. Eligibility. You must be at least eighteen (18) years of age to use the PayWithMyBank Services. By agreeing to these Terms, you represent and warrant to us: (a) that you are at least eighteen (18) years of age; (b) that your use of the PayWithMyBank Services has not been suspended or terminated for any reason; and (c) that your use of the PayWithMyBank Services is in compliance with any and all applicable laws and regulations and all agreements that you may have with third parties. You are not eligible to use the PayWithMyBank Services if you do not agree to these Terms. If you are using the PayWithMyBank Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such entity, organization or company to these Terms and you agree to be bound by these Terms on behalf of such entity, organization or company.
3. Security of Your Online Banking Access Credentials. You are responsible for maintaining the confidentiality as well as adequate security and control of any and all online banking access credentials that you use to access the PayWithMyBank Services. Please protect such information. We will never store or share your online banking access passwords, PIN numbers, security questions and answers, or any other authentication information provided by you which is used to access your online banking account with any third party other than your Bank. If you have reason to believe that your Bank account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
4. Your Information and Authorization.
5. Collection of Payment. Any payment which you authorize a Merchant to obtain from your Bank via the PayWithMyBank Services may be presented to your Bank multiple times for payment if returned unpaid. In addition, you may be subject to returned item fees (please see https://www.paywithmybank.com/states-return-fees or https://www.trustly.net/states-return-fees) on payments which are returned by your Bank or presented multiple times to your Bank for payment. If a payment is returned by your Bank, we, the Merchant, or any third party appointed by us or the Merchant, may contact you for payment via an alternate method using the information you have provided to the Merchant, to us, or to any of the Merchant’s, or our, service providers to collect payment via an alternate method.
8. Accuracy of Information. You are responsible for confirming the accuracy of the information you provide about each information or payment transaction with a Merchant, including, if applicable, the amount of the transaction. A Merchant may not be able to complete an information or payment transaction with you if you provide inaccurate or incorrect information.
9. Disclosure Regarding Goods or Services; Merchant Actions. Please note that while Trustly facilitates information transmission and payment transactions between you and a Merchant, it is the Merchant that actually delivers the goods or services to you and determines the amounts to be withdrawn, or deposited into, your Bank account. Thus, Trustly does not have control of, or responsibility or liability for, (i) any goods or services that are provided by such Merchant to you or are otherwise facilitated, paid for, or accessed through use of the PayWithMyBank Services; or (ii) the amounts that a Merchant decides to withdraw from, or deposit into, your Bank account. We make no warranties or representation with regard to any goods or services provided by any Merchant or other third party. You will not consider us (and we will not be construed as) a party to such transactions between you and a Merchant or other third party, whether or not we have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, such transactions or the goods or services you receive, or don’t receive, from a Merchant or other third party.
10. Unauthorized Activity on Your Bank Account. You should regularly review your Bank statements and review your payment history to identify any activity which you may not have authorized. If you discover any unauthorized activity, please contact your Bank immediately.
11. Refunds. Only a Merchant may provide a refund to you for (i) any goods or services which are defective, inadequate, or not received by you; or (ii) any payment you enabled the Merchant to obtain from you via the information you provided via the PayWithMyBank Services. You must contact the Merchant to initiate a refund transaction.
12. Circumstances Affecting Your Use of the PayWithMyBank Services. In addition to other limitations on liability set forth in the Terms, Trustly shall incur no liability to you if a Merchant is unable to obtain or verify information about you, obtain payment from you, or make payment to you via the PayWithMyBank Services because of the existence of any one or more of the following circumstances:
13. Prohibited Conduct. By using the PayWithMyBank Services, you agree you will not:
14. Termination of Use; Discontinuation and Modification of the PayWithMyBank Services. If you violate any provision of these Terms, your permission to use the PayWithMyBank Services will terminate automatically. Trustly, in its sole discretion, may suspend or terminate your access to the PayWithMyBank Services at any time, with or without notice. We also reserve the right to modify or discontinue the PayWithMyBank Services at any time (including, without limitation, by limiting or discontinuing certain features of the PayWithMyBank Services) without notice to you. We have no liability whatsoever on account of any change to the PayWithMyBank Services or any suspension or termination of your access to or use of the PayWithMyBank Services. You may terminate your use (and any future use) of the PayWithMyBank Services at any time by contacting customer service at email@example.com. If you terminate your use of the PayWithMyBank Services, you will remain obligated to pay all outstanding payments authorized, if any, relating to your use of the PayWithMyBank Services which have been incurred prior to termination.
16. Additional Terms. Your use of the PayWithMyBank Services is subject to any and all additional terms, policies, rules, or guidelines applicable to the PayWithMyBank Services or certain features of the PayWithMyBank Services that we may post on or link to the PayWithMyBank Services, or any web site, mobile, tablet, console, kiosk, point of sale or other device applications, or SMS, instant message, email or other notification sent to you on or by which the PayWithMyBank Services are made available or accessible (the “Additional Terms”), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the PayWithMyBank Services. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
17. Changes to these Terms. We reserve the right, in our sole discretion, to modify or update these Terms at any time without notice to you. The date of the most current Terms is at the top of these Terms. Please check these Terms periodically for any modifications. We may provide notice of changes to these Terms through a pop-up or banner on our website(s) located at www.paywithmybank.com or www.trustly.net/us. Any modification of these Terms will be effective upon posting of the updated Terms, and your access to and/or use of any of the PayWithMyBank Services thereafter will constitute your acceptance of such modified Terms. If you do not accept the revised Terms, please do not use the PayWithMyBank Services and be aware that we may terminate your access to and use of the PayWithMyBank Services. Disputes arising under these Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.
18. Links. The web sites, mobile, tablet, console, kiosk, point of sale or other device applications, or SMS, instant messages, emails or other notifications sent to you on or by which the PayWithMyBank Services are made available or accessible may also contain links to other third-party web sites or resources. Such linked web sites or resources are not under our control, and we are not responsible for their content. These Terms apply only to the PayWithMyBank Services and not to the web sites, mobile, tablet, console, kiosk, point of sale or other device applications of, or SMS, instant messages, emails or other notifications sent to you by, any other person or entity. Trustly is not responsible for the availability of such external sites or resources, and does not endorse (and is not responsible or liable for) any content, advertising, products, or other materials on or available from such web sites or resources. You acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other linked web sites or resources (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other web site or resource to that site/resource’s webmaster/administrator.
19. Ownership; Proprietary Rights. The PayWithMyBank Services are owned and operated by Trustly. The visual interfaces, graphics, button icons, scripts, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the PayWithMyBank Services (the “Materials”) which are a part of the PayWithMyBank Services or which are created, developed, obtained, compiled, or provided by Trustly, including the trademarks and logos of Trustly, such as the PayWithMyBank and Trustly trademarks and logos, are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the PayWithMyBank Services are the property of Trustly or our third-party licensors. Except as expressly authorized by Trustly in writing, you may not make use of the Materials. Trustly reserves all rights to the Materials not granted expressly in these Terms.
20. Indemnity. You agree that you will be responsible for your use of the PayWithMyBank Services, and you agree to defend, indemnify, and hold harmless Trustly and its officers, directors, employees, consultants, affiliates, subsidiaries and agents, the Merchants, the Merchant service providers, and other third parties who offer the PayWithMyBank Services to you or make the PayWithMyBank Services available to or accessible by you, and your Bank (collectively, the “Trustly Entities“) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the PayWithMyBank Services; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
21. Disclaimers; No Warranties. The PayWithMyBank Services and all materials and content available through the PayWithMyBank Services are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Trustly, and its subsidiaries and affiliates (the “Trustly Entities”) specifically (but without limitation) disclaim all warranties of any kind, whether express or implied, relating to the PayWithMyBank Services and all materials and content available through the PayWithMyBank Services, or any web site, mobile, tablet, console, kiosk, point of sale or other device applications, or within any SMS, instant message, email or other notification sent to you on or by which the PayWithMyBank Services are made available or accessible, including but not limited to (i) any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course of dealing, usage, or trade. The Trustly Entities do not warrant that the PayWithMyBank Services or any part thereof, or any materials or content offered through the PayWithMyBank Services, or any web site, mobile, tablet, console, kiosk, point of sale or other device applications, or within any SMS, instant message, email or other notification sent to you on or by which the PayWithMyBank Services are made available or accessible, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of the foregoing will be corrected.
No advice or information, whether oral or written, obtained by you from the PayWithMyBank Services or any materials or content available on or through the PayWithMyBank Services, or any web site, mobile, tablet, console, kiosk, point of sale or other device applications, or within any SMS, instant message, email or other notification sent to you on or by which the PayWithMyBank Services are made available or accessible, will create any warranty regarding any of the Trustly entities or the PayWithMyBank Services that is not expressly stated in these terms. You assume all risk for all damages that may result from your use of or access to the PayWithMyBank Services, your dealings with any merchants or other service users, and any materials or content available through the PayWithMyBank Services or any web site, mobile, tablet, console, kiosk, point of sale or other device applications, or within any SMS, instant message, email or other notification sent to you on or by which the PayWithMyBank Services are made available or accessible. You understand and agree that you use the PayWithMyBank Services, and use, access, download, or otherwise obtain materials or content through the PayWithMyBank Services, or any web site, mobile, tablet, console, kiosk, point of sale or other device applications, or within any SMS, instant message, email or other notification sent to you on or by which the PayWithMyBank Services are made available or accessible, and any associated sites or services, at your own risk, and you will be solely responsible for any damage to your property (including your electronic device used in connection with the services) or loss of data that results from the use of the PayWithMyBank Services or the download or use of such materials or content.
Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.
22. Limitation of Liability. In no event will the Trustly Entities be liable to you for any indirect, incidental, special, consequential, or punitive damages (including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses) arising out of or relating to your access to or use of, or your inability to access or use, the PayWithMyBank Services or any materials or content on the services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not the Trustly Entities have been informed of the possibility of such damage.
You agree that the aggregate liability of the Trustly Entities to you for any and all claims arising out of relating to the use of, access to or any inability to use or access the PayWithMyBank Services (including any materials or content available through the PayWithMyBank Services, or any web site, mobile, tablet, console, kiosk, point of sale or other device applications, or within any SMS, instant message, email or other notification sent to you on or by which the PayWithMyBank Services are made available or accessible) or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the greater of (i) the amounts (if any) you have paid to Trustly for access to and use of the PayWithMyBank Services in the 12 months prior to the claim, or (ii) $100.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the above limitation may not apply to you.
Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms between you and Trustly. This allocation is an essential element of the basis of the bargain between you and Trustly. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
23. Governing Law. These Terms shall be governed by the laws of the state of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Trustly agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County or San Mateo County, California for the purpose of litigating all such disputes.
24. Third Party Disputes. Any dispute you have with any third party, including without limitation your Bank, any Merchant, or other third party involved in or related to any information, payment or other transaction made or attempted to be made through the PayWithMyBank Services, or otherwise in connection with the PayWithMyBank Services, is directly and solely between you and such third party, and you irrevocably release Trustly (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
25. Dispute Resolution. It is our goal to learn about and address your concerns. If we are unable to do so, then Trustly aims to provide a neutral, expedient, and cost-effective means of resolving disputes between you and us via arbitration.
28. Contact Information. You may contact us at the address below or e-mailing us at firstname.lastname@example.org. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.
555 El Camino Real, Suite 200
San Carlos, CA 94070
You may contact us by sending correspondence to the foregoing address or by emailing us at: email@example.com.
If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.