APPLICABLE GENERAL USER TERMS AND CONDITIONS TRUSTLY DIRECT DEBIT UK V. 1.0 (THE “TERMS”)
1. General Introduction of the Services
1.1 Trustly Direct Debit UK (the “Service”) is a service provided by Ecospend Technologies Ltd, company reg. no. 11114967, with address at 80 Clerkenwell Road, London, England, EC1M 5RJ (“Ecospend”, "us" or "we"), pursuant to which you (the “User” or “you”) can instruct Ecospend 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 Ecospend 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, Ecospend will provide you with account information services, which means that Ecospend 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, Ecospend 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, Ecospend will share the account details with Trustly Group AB, a Swedish company with company reg no 556754-8655 (“Trustly”), an affiliate company to Ecospend, in order to present you with the final Mandate for your review and confirmation. Trustly 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 Ecospend online interface and clicking “continue” / “setup” or similar, you are deemed to have expressly requested and approved that Ecospend collects the Account Information and shares the Mandate (incl. the Account Information) with Trustly and the Merchant.
1.5 The Service is not offered or affiliated with your bank. It is an account information service provided by Ecospend. Ecospend is authorised by the FCA as a payment institution (FRN 829713) with permission to provide account information services.
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 13 below). You can view the latest version of these Terms at any time via our website and in direct connection with using the Service.
2.4 Ecospend 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 of 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:
(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 the Service;
(iv) will provide Ecospend with true and complete data, and not misrepresent, withhold, or modify any data;
(v) 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;
(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; 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 Ecospend may (i) suspend access to the Service, and (ii) claim damages for any damage caused to Ecospend 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 e-mail to email@example.com, and report the unauthorized use of the Service to your online 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.
4.1 Ecospend 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 Ecospend, Ecospend is responsible in relation to you.
4.3 To the extent Ecospend is liable, this liability is limited to foreseeable loss or damage caused by Ecospend to the extent set out in these Terms or by mandatory law. Ecospend is not liable for indirect loss or damages incurred due to the use of the Service unless caused by Ecospend’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 Ecospend 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: Ecospend is not responsible for the execution of the Direct Debit payments and it is the Merchant or your bank (not Ecospend) that is liable to refund any payment taken in error (i.e. a chargeback).
5.1 Ecospend 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 Ecospend, such as bank charges.
6. Service Availability
6.1 Ecospend strives to provide an excellent Service, but does not guarantee the availability of the Service. Ecospend is not responsible for any losses, damages or similar if the Service is down, not functioning as intended or expected.
6.2 The processing time for the Service 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 Ecospend and subsequent authorisation with your bank.
7. Personal Data
8.1 Ecospend 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 Ecospend 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 providing of the Service, or any other act or omission such as severe malfunction or misuse of the Service. If Ecospend deems the conditions set out in these Terms not to be satisfied, or if it would be unlawful for Ecospend to perform the Service, we may refuse to do so. If so, Ecospend or the Merchant will notify you, unless the law prevents us from doing so.
9.1 General information about our Service and these Terms is provided on an ongoing basis via our website www.ecospend.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://ecospend.com/security-policy/.
10. Questions and Complaints
10.1 Providing you with excellent Service is important to Ecospend. 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 by sending an e-mail to firstname.lastname@example.org and include the following information: your name, telephone number, and a description of your concern. Ecospend 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 is contacted by sending an e-mail to email@example.com.
10.4 In case you are not satisfied with Ecospend’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: firstname.lastname@example.org.
11. Intellectual Property
11.1 Ecospend 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 Ecospend may use such feedback or suggestions without any limitations and without payment to you.
12. Force Majeure
12.1 Ecospend 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 Ecospend’s reasonable control. The reservation as regards strike, blockade, boycott, lockout and similar also applies if Ecospend is itself the subject of or implements such industrial action. SEVERANCE
12.2 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.
13. Governing Law and Dispute Resolution
13.1 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.