Trustly Terms of Use Canada

(a) Using the Trustly Services for Information and Payment. As described above, to access and use the Trustly Services you may be asked to provide information, including personal information, to such Merchant, Trustly, and/or other third party service providers (or to a third party on such Merchant’s, Trustly’s and/or other third party service providers’ behalf), in order to (a) retrieve and verify information about you, (b) obtain payment(s) from your Bank account, or (c) make payment(s) to your Bank account, all in connection with such Merchant’s provision of goods or services to you. As used in these Terms, “Bank” means a Canadian bank bank, credit union, thrift, or other chartered depository institution.       

(b) Your Authorization. By using the Trustly Services, as made available to you by a Merchant, you are authorizing Trustly to retrieve information from your Bank account and use it as described in our Privacy Policy. You are also authorizing Trustly, either directly or through third parties, to make any inquiries we consider necessary to verify your identity and financial standing. To prevent fraud and to manage risk, we may verify your information against a third party database or through another source. Anti-money laundering and counter-terrorism financing laws may require that we verify certain information you provide us, or that we obtain about you, before you can use some of the Trustly Services.     

(c) Your Authorization with respect to Payments. If you authorize a Merchant to obtain payment(s) from you or make payment(s) to you via the Trustly Services, you agree to complete the pre-authorized debit authorization (“PAD Agreement”), which will allow Trustly to transfer payments from your Bank account in the amount you specify via electronic funds transfer. Once you have agreed to the terms of the PAD Agreement, you will authorize each payment you make to a Merchant. Any payment you authorize a Merchant to obtain from you may be presented to your Bank twice for collection. If the payment is not collected from your Bank, we, the Merchant, or a collection agency, may contact you for payment via an alternate method using the contact information you have provided to us or the Merchant or which we obtain when you use the Trustly Services (please see Section 5 regarding Collection of Payment).

(d) Your Authorization to Use Your Information and to Access Third-Party Online Sites. By using the Trustly Services, as made available to you by a Merchant, you hereby authorize Trustly to access the online sites of third parties designated by you (including your Bank’s online and mobile banking services) (the “Third Party Banking Services”), on your behalf, to retrieve and/or verify information needed in connection with our provision of the Trustly Services to you. Please review our Privacy Policy located at https://ca-en.trustly.com/privacy-policy-canada-english for more information regarding how your personal information is collected, shared, used, and disclosed in connection with the Trustly Services. 

(i) ACTING AS AGENT. You acknowledge and agree that when Trustly is accessing, retrieving, and/or verifying information on or from the Third Party Banking Sites, Trustly is acting as your agent and on your behalf, and is not the agent of, or acting on behalf of, a Merchant or any other third party.

(ii) Reliance on Authorization; Payment Obligation. You agree that the relevant Merchants and other third parties engaged in the provision of goods or services to you shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you in favor of Trustly or upon the information you provided via Manual Entry. You also understand and agree that any payment to a Merchant which you authorize via the Trustly Services, is your payment obligation and if not collected from the Bank, we, the Merchant, or a collection agency, may contact you for payment via an alternate method using the contact information you have provided to us or the Merchant or which we obtain when you use the Trustly Services (please see Section 5 regarding Collection of Payment).     

(iv) No Relationship with Third Party Sites. Trustly has no relationship to, or affiliation or connection with, any third party site accessed by Trustly in connection with its provision of the Trustly Services. The Trustly Services are not endorsed or sponsored by any such third party sites. You agree that Trustly assumes no responsibility and shall incur no liability with respect to the acts, omissions, or determinations of any such third party site accessed or used in connection with the Trustly Services. You understand that Trustly may not maintain the same level of security against unauthorized access to your account information as the third party sites on or from which you authorize Trustly to access, retrieve and/or verify information on your behalf.

When you use the Trustly Services to make a payment to a Merchant, you authorize Trustly to inquire about and receive the status of each payment you have authorized with such Merchant via the Trustly Services which have been returned unpaid and subsequently assigned to or collected by a third party service provider (such third party service provider, the “Payment Service Provider” and such payment obligation, the “Debt”). You authorize Trustly to use the Debt information only to determine your continued eligibility to use the Trustly Services. You expressly prohibit Trustly from disclosing the Debt to any third party. The Debt information obtained by Trustly shall be destroyed upon satisfaction of the applicable Debt, whether by payment or otherwise, as a further condition of this authorization.

Trustly will use commercially reasonable efforts to provide you with the Trustly Services, including, if applicable, to enable the Merchant or applicable third parties to obtain information from or about you, or receive payment(s) from you or make payments to you in a timely manner. Despite our best efforts, the Trustly Services may not always be available to you. For example, not all Merchants or other third parties make the Trustly Services available to you for payment for goods or services, some of them may make the Trustly Services available only on a limited basis, for instance not as a means of reimbursing you or depositing funds in your Bank account. Sometimes, depending upon the type of transaction, you must be physically located within a certain province to use the Trustly Services. Even when a Merchant makes the Trustly Services available to you, your ability to use the Trustly Services is dependent on your Bank’s ability to support the retrieval of the information necessary to enable the Merchant’s provision of goods or services to you via the Trustly Services. Your Bank may impose restrictions or requirements regarding your use of the Trustly Services. Please see the terms of use published by your Bank.

Although we strive for accuracy in all elements of the Trustly Services, there may be errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or services at any time without prior notice. 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.

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 Trustly 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.

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 and us immediately.

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 Trustly Services. You must contact the Merchant to initiate a refund transaction.

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 Trustly Services because of the existence of any one or more of the following circumstances: 

(a) The Trustly Services are not working properly, and you know or have been advised by the Trustly Services about the malfunction before you confirm or execute a transaction;

(b) You have not provided the Trustly Services with the correct Bank account or other information requested from you; 

(c) Your Bank account or the Merchant’s Bank account does not contain sufficient funds to complete the payment, or we determine, in our sole discretion, that the payment transaction does not meet our risk management criteria; 

(d) We determine, in our sole discretion that questionable activity has occurred with respect to your use of the Trustly Services or that a number of the payments to Merchants which you have authorized via the Trustly Services have been returned or remain unpaid; 

(e) Circumstances beyond the control of Trustly, including delays by Merchants, financial institutions (including your Bank), when using the information you provided via the Trustly Services to enable payments from or to you in a timely manner; 

(f) The Merchant elects not to process, or to delay processing of, any requested transaction; and/or 

(g) Any force majeure event beyond Trustly’s reasonable control, including any (i) pandemic, severe weather or natural disaster, (ii) war, riot or civil commotion, (iii) governmental acts or directives, or (iv) strikes, work stoppage, or equipment, or facilities shortages.

By using the Trustly Services, you agree you will not:

(a) Use the Trustly Services for any illegal purpose, or in violation of any local, provincial, national, or international law; 

(b) Perform any fraudulent activity, including performing fraudulent transactions, impersonating any person or entity, claiming false affiliations, accessing the accounts of others without permission, providing false, inaccurate, or misleading information, sending or receiving what we reasonably believe to be potentially fraudulent funds, or falsifying your age or date of birth; 

(c) Interfere with security-related features of the Trustly Services, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, (ii) reverse engineering or otherwise attempting to discover the source code of the Trustly Services or any part thereof except to the extent that such activity is expressly permitted by applicable law; or (iii) circumvent our geolocation or geoblocking technology; 

(d)       Breach these Terms; 

(e) If the Trustly Services are limited for use within a certain province, access the Trustly Services from outside that province; 

(f) Refuse to verify your identify or information or to cooperate with any investigation or our attempts to collect funds from you for a payment transaction; 

(g) Infringe Trustly’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; 

(h) Interfere with the operation of the Trustly Services or any Merchant’s or user’s enjoyment of the Trustly Services, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Trustly Services, (iii) attempting to collect personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Trustly Services, or violating the regulations, policies, or procedures of such networks, equipment, or servers; and/or 

(i) Attempt to do any of the foregoing, or assist or permit any persons in engaging or attempting to engage in any of the foregoing activities.

If you violate any provision of these Terms, your permission to use the Trustly Services will terminate automatically. Additionally, Trustly, in its sole discretion, may suspend or terminate your access to the Trustly Services at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Trustly Services at any time (including, without limitation, by limiting or discontinuing certain features of the Trustly Services) without notice to you. We have no liability whatsoever on account of any change to the Trustly Services or any suspension or termination of your access to or use of the Trustly Services. You may terminate your use (and any future use) of the Trustly Services at any time by contacting customer service at us.support@trustly.com If you terminate your use of the Trustly Services, you will remain obligated to pay all outstanding payments authorized, if any, relating to your use of the Trustly Services which have been incurred prior to termination.

Please carefully read our Privacy Policy, which is available at https://ca-en.trustly.com/privacy-policy-canada-english for information regarding how we collect, process, use, store, and disclose your personal information. The Privacy Policy is hereby incorporated into, and made a part of, these Terms of Use. When we refer to “Terms” in these Terms of Use, we mean both these Terms of Use and the Privacy Policies.

Your use of the Trustly Services is subject to any and all additional terms, policies, rules, or guidelines applicable to the Trustly Services or certain features of the Trustly Services that we may post on or link to the Trustly 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 Trustly 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 Trustly Services. All such Additional Terms are hereby incorporated by reference into, and made a part of, 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.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 Trustly Services thereafter will constitute your acceptance of such modified Terms. If you do not accept the revised Terms, please do not use the Trustly Services and be aware that we may terminate your access to and use of the Trustly Services. Disputes arising under these Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.

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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 Trustly 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 Trustly 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.

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The Trustly 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 Trustly Services (the “Materials”) which are a part of the Trustly Services or which are created, developed, obtained, compiled, or provided by Trustly, including the trademarks and logos of Trustly (whether or not designated by ® or ™), such as the Trustly and Trustly trademarks and logos, are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Trustly 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. You may not remove or alter any notices found on the Trustly Services, distribute, make derivative works of, reverse engineer, decompile, or disassemble the Trustly Services. You may not access the Trustly Services for the purpose of building a similar or competitive service, website, or app. You may not use any web crawler, robot, spider, or other automated method to retrieve, data mine, scrape or otherwise gather information or content available through the Trustly Services.  Trustly reserves all rights to the Materials not granted expressly in these Terms.

You agree that you will be responsible for your use of the Trustly Services, and you agree to defend, indemnify, and hold harmless Trustly and its officers, directors, employees, consultants, affiliates, parents, subsidiaries and agents, the Merchants, the Merchant service providers, and other third parties who offer the Trustly Services to you or make the Trustly 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 Trustly 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.

The Trustly Services and all materials and content available through the Trustly Services are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Trustly, and the Trustly Entities specifically (but without limitation) disclaim all warranties of any kind, whether express or implied, relating to the Trustly Services and all materials and content available through the Trustly 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 Trustly 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 Trustly Services or any part thereof, or any materials or content offered through the Trustly 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 Trustly 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 Trustly Services or any materials or content available on or through the Trustly 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 Trustly Services are made available or accessible, will create any warranty regarding any of the Trustly entities or the Trustly 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 Trustly Services, your dealings with any merchants or other service users, and any materials or content available through the Trustly 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 Trustly Services are made available or accessible. You understand and agree that you use the Trustly Services, and use, access, download, or otherwise obtain materials or content through the Trustly 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 Trustly 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 Trustly 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.

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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 Trustly 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 Trustly Services (including any materials or content available through the Trustly 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 Trustly 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 Trustly 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.

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These Terms shall be governed by the laws of the province of Ontario 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 Ottawa or Toronto, Canada for the purpose of litigating all such 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 Trustly Services, or otherwise in connection with the Trustly Services, is directly and solely between you and such third party, and you irrevocably release Trustly (and our officers, directors, agents, parents, 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.

By using the Trustly Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policies to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication.

These Terms of Use, together with our Privacy Policy, the Additional Terms, and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Trustly regarding your use of and access to the Trustly Services. You may not assign or transfer the Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms at any time without notice. The failure to require performance of any provision of these Terms will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms of Use, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Sections 2 through 4 and 12 through 27.

You may contact us at the address below or e-mailing us at us.support@trustly.com 

145 Spruce Street, Suite 200, Ottawa, ON 

Canada K1R 6P1 

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