Trisbee Payment Services

Pilot User Terms and Conditions

Last change: 3/26/2021

SECTION 1 – INTRODUCTION AND BASIC TERMS

1.1. Agreement with the Merchant

1.1.1. These pilot terms and conditions constitute basic agreement on the provision of payment services between Trisbee s.r.o, with its registered office at Prague 6, Vokovice, K Červeném vrchu 678/1, postal code 160 00, Commercial Registration No.: 04775660, registered in the Commercial Register maintained by the Municipal Court in Prague, file number C 306886 (hereinafter " Trisbee") and a user. The agreement is deemed concluded when the user, as an individual interested in using of the payment services (hereinafter referred to as the " User"), provides Trisbee with its identification data and at the same time agrees to these pilot terms and conditions governing the rights and obligations of Trisbee and the User in providing of the payment services (hereinafter referred to as the " Terms and Conditions").

1.1.2. These Terms and Conditions constitute rights and obligations of Trisbee and the User for a limited period of time of the pilot phase of the provision of Trisbee payment services.

1.2. Definitions

1.2.1. "Trisbee" is a duly registered small-scale payment service provider licensed by the Czech National Bank, with its registered office at Na Příkopě 28, 115 03 Prague 1, Czech Republic. The Czech National Bank is also the supervisory authority for Trisbee's payment services.

1.2.2. "User" means any person who uses the payment services provided by Trisbee and who, in order to enter into a contractual relationship therewith, has provided Trisbee with their identification data and has agreed to these Terms and Conditions, and/or has met other conditions stipulated by law for the provision of the selected payment service.

1.2.3. "Merchant" means an entity that has entered into an agreement with Trisbee on the provision of payment services consisting in acceptance of non-cash payments from third parties - the merchant's customers (hereinafter referred to as the "Merchant" ) and has met all contractual and statutory conditions for the provision of the service of non-cash payment acceptance.

1.2.4.**"Merchant's Customer" means any person using the Trisbee payment system, either by means of the Trisbee mobile or web application (hereinafter referred to as the"Application") or, using the access to the Operator's server via a programming interface (hereinafter referred to as the "API"),paying to the Merchant** for goods and services while otherwise not using actively other payment services provided by Trisbee (in such cases the Application serves to the Merchant as a payment terminal).

1.2.5.**"Pilot"** means a phase of the provision of payment services by Trisbee for a limited period of time as stipulated by Trisbee. The purpose of the Pilot is to evaluate the effectiveness of Trisbee payment services and Trisbee products provided to the User.

1.3. Trisbee Payment Services

1.3.1. Trisbee provides the User with the following services:

a) payment remittance

  • using the mobile or web Application (via the public mobile network); or
  • by accessing the Trisbee server via the application programming interface (API).

The User may remit payments to the Merchant for the purchase of goods and services via Trisbee. Payment remittance is possible only within the Trisbee payment system, ie. the payment cannot be sent unless it is a payment in favor of a registered Merchant.

b) payment account management (top-up account, hereinafter referred to as the "Payment Account") - a virtual account maintained for a User who has decided to use the Trisbee payment service. The User may transfer funds to the Payment Account from their bank account kept at a relevant banking institution by bank transfer or by means of a (debit or credit) payment card. The funds kept on the Payment Account may be used by the User to remit payments for goods or services to Merchants.

1.3.2. Trisbee shall not provide any payment services to the User and the Merchant's Customer, or to the User who has a Payment Account with Trisbee, in a situation where the Merchant's Customer or the User perform their payment via the Application or the API to the Merchant registered in the Trisbee payment system. In such a case, the Application or the API serves as the Merchant's payment terminal and therefore does not constitute a payment service for the Merchant's Customer and/or the User.

SECTION 2 – RIGHTS AND OBLIGATIONS OF THE USER AND OF TRISBEE

2.1. Terms of the Application Use by the User

2.1.1. Trisbee develops and operates the Application, through which the User can perform payment transactions consisting in payment remittances to Merchants.

2.1.2. Trisbee grants the User a non-exclusive, non-transferable and free-of-charge license, ie. the right to use the Application, in accordance with these Terms and Conditions or, where applicable, in accordance with the terms of the platform that the Application was downloaded from. The license also applies to all later versions of the Application provided to the User, unless a new license to use the Application is provided simultaneously with the new Application version.

2.1.3. The User may not independently distribute, publish or otherwise forward the Application to other persons; the Application is available for download via Google Play or the Apple Appstore. The User understands that the Application was not created for individual needs of a particular User but for universal use.

2.1.4. By downloading the Application (or by using the web Application), the User acknowledges that Trisbee thereby gains access to certain information of the device on which the User has the Application installed (or on which they use the Application). This includes information such as IP address, name of the device, the operating system version, and geolocation. In some cases, Trisbee has access to the device information only if the User enables this feature on the device.

2.1.5. By downloading the Application, the User agrees to refrain from:

  • performing of operations such as translation, adjustment, modification, circumvention, reverse engineering, decomposition, disassembly, creation of derivatives or other interventions into any feature of the Application, or assisting to another person in the above-described interventions;
  • using of the Application illegally, for illegal purposes, in a manner that is in violation of these Terms and Conditions, or treating the Application in a fraudulent or deceptive manner, such as hacking, inserting malicious code or malicious data into the Application or into the operating system;
  • any attempts to install or use the Application on any device on which the impossibility of installing illegal software has been unlawfully breached or in which the possibility of installation is limited in a controlled manner;
  • collecting or gathering of information and/or data from the Application or the Trisbee system or from attempting to decrypt any transmission to or from servers operating the payment services;
  • uploading of any content that is or may be deemed violent, threatening, racially motivated, breaching confidentiality or privacy, discriminatory, defamatory, abusive, illegal, pornographic, obscene, indecent, profane, or may cause trouble or inconvenience to a third person.

2.1.6. The provision of payment services to the User is not claimable; Trisbee is entitled to disallow or terminate provision of the service to the User, even if the User has met all the terms and conditions requested.

2.1.7. Trisbee is entitled to block the User from using Trisbee services (to terminate provision of the payment services), including the use of the Application if the Application is used by the User illegally or immorally, if the User uses offensive, obscene, vulgar, disrespectful or defamatory language against Trisbee or any employees or agents acting on behalf thereof, or if the User materially violates these Terms and Conditions. Trisbee is also entitled to prevent the User from using payment services, if the User is subject to declaration of bankruptcy and insolvency, or if enforcement proceedings are opened against them. Trisbee shall also terminate the use of payment services in the event that the User dies or is declared dead by the competent authority in the User's home country.

2.1.8. In the event of termination of the contractual relationship between the User and Trisbee, Trisbee recommends the User to remove the Application from all of the User's devices for security and protection reasons.

2.1.9. The Application is primarily secured on the basis of a PIN code. The PIN code used to open the Application is selected by the User during activation of the Application according to Article 2.2. of these Terms and Conditions. At the same time, the User is advised to turn on the feature of biometric verification on their device for opening of the Application (Touch ID, Face ID). The User is responsible for securing of their mobile device and for activation of all security features for the access into the device and the Application so that no third party can gain access to the Application without the User's consent. Violation of these instructions may significantly impact potential settlement of any payment claim(s) by the User.

2.2. Installation of the Application and Conditions of Using Trisbee Payment Services

2.2.1. Trisbee provides the Application for downloading via Google Play (for android) and the Apple Appstore (for iOS), or as a web application. Installation and using of the Application is conditional on the possession of a mobile phone with a supported operating system, a SIM card of a mobile operator providing services within the EU and an Internet connection. The User must be at least 18 years old and must have a bank account held in their name opened with a trusted banking institution (operating in their home country or within the EEA).

2.2.2. When starting the Application for the first time, the User is obliged to enter the required basic identification data and/or other necessary information (eg the state in which the User intends to use the Application and the currency that the payment transactions will be performed in). To start the Application, the User needs to confirm explicitly that they have read and agree with these Terms and Conditions. The User also confirms that they have read Trisbee Privacy Policy. The User may decide whether to give consent with sending thereto Trisbee commercial communications and newsletters. The Application shall be activated after the aforementioned steps.

2.2.3. The User may then open their Payment Account. Payments entered by the User into the Application will be performed from this Payment Account.

2.2.4. Before performing the payment the User is obliged to top up their Payment Account with at least an amount enabling performance of the next payment transaction intended thereby or with funds of any higher amount. The Application does not enable entering of a payment order in an amount exceeding the User's Payment Account balance. Topping up of a Payment Account is described in section 2.4 herein.

2.2.5. Trisbee may provide the User with a certain amount free of charge and without the obligation to pay back the amount to Trisbee, provided that the User meets all the conditions specified for granting the initial bonus. Likewise, Trisbee may provide the User with a certain amount as a bonus for reference of the Trisbee product. The User is allowed to use the initial bonus and/or referral bonus only to pay for the goods or services of the Merchant registered with Trisbee. The User is able to find the information concerning the granting of the initial bonus and/or referral bonus and its amount in the Application. The conditions for granting the initial bonus and/or referral bonus, including its amount, are published in the Trisbee price list on the website www.trisbee.com.

2.3. User's Identification

2.3.1. As a registered payment institution providing the User with financial services, Trisbee is obliged to collect data on the User and on the mediated transactions to the extent required by law, in particular Act No. 253/2008 Coll., on legitimization of proceeds of crime and financing of terrorism, as amended (hereinafter the " AML Act"), as well as other laws. Trisbee processes and retains all the information collected only for as long as is strictly necessary and uses it exclusively for the purpose of meeting legal obligations thereof. For more information about processing and retention of the User data see the Trisbee Privacy Policy.

2.3.2. If identification of the User is a statutory condition for the provision of a payment service, Trisbee cannot provide the required payment services to the User without verifying his/her identity and other legally stipulated data concerning the User.

2.3.3. The identification procedure comprises:

(i) verification of the User's identity on the basis of data communicated thereby and identification documents submitted;

(ii) verification of existence of a bank account held in the name of the User; and

(iii) performing of a verification payment through the User's bank account as specified under (ii) above.

2.3.4. Trisbee will guide the User through the identification procedure either directly in the Application or via email messages containing relevant instructions and guidelines. In case of any confusion regarding the identification procedure, the User may use Trisbee customer support; the contacts are listed both in the Application and on www.trisbee.com.

2.3.5. The identification is performed by Trisbee without undue delay, upon obtaining of the necessary data and documents from the User. Once the User's identification is completed, Trisbee shall decide whether the User shall be approved or not. The User is informed about the result of the performed identification either directly in the Application, or via an email message. The User's approval is non-compulsory and is always at the discretion of Trisbee, according to the specific circumstances of each individual User.

2.3.6. In justified cases, based on amendments to statutory requirements or as part of a regular or random inspection, Trisbee shall be entitled to perform the User's identification during the term of the contractual relationship. In such cases, the User shall be obliged to undergo the repeated identification, while the prior approval of the User has no effect on the result of the present identification.

2.3.7. Trisbee is entitled to decide on disapproval of the User, or on subsequent temporary ban on, termination or restriction of the use of the payment services by the User, in the event that:

(i) the User does not provide the information and documents required for identification by law;

(ii) on the basis of verification of the information and documents provided by the User, Trisbee concludes that the User does not meet the conditions for the provision of the payment service pursuant to Article 2.2.1. of these Terms and Conditions;

(iii) on the basis of verification of all information and documents provided by the User, there may be reasonable doubts about veracity and authenticity of the facts and documents provided by the User or if Trisbee has reasonable doubts about credibility of the User;

(iv) the provision of payment services to the User might potentially cause damage to Trisbee, including both material (risk of financial loss, risk of liability for damage caused to business partners or third party, etc.) and non-material (risk of damage to Trisbee's reputation, risk of damage to business relations of Trisbee with third parties, etc.) harm;

(v) the provision of payment services to the User, or the execution of a specific payment transaction entered by the User, is not compatible with the moral, generally human or business values ​​which Trisbee insists on adhering to.

Trisbee shall notify the User of the reasons for the User's disapproval, for termination of payment services, temporary blocking or restriction of the provision of payment services, or refusal to perform a specific payment transaction only in such a way and to such an extent as to protect the content of Trisbee's verification procedure and in order to ensure the effectiveness thereof.

2.4. Payment Account Top Up and Performance of Payment Transactions from Payment Account in the Application

2.4.1. To top up the Payment Account used for payments entered by the User in the Application, the User firstly needs to set the method of topping-up in the Application. The User may top up the Payment Account as follows:

(i) by transfer from the User's bank account held with the relevant banking institution, or

(ii) by means of a selected (debit or credit) payment card of the User issued for the User's bank account kept at their banking institution, or issued by another authorized issuer of payment cards.

In both cases, the User performs all steps of topping up the Payment Account directly in the Application, according to the method of topping up chosen thereby. Trisbee does not guarantee that all the above top up methods will always be accessible.

2.4.2. As soon as the amount selected by the User is credited to the Trisbee's bank account designated for the provision of payment services, Trisbee shall ensure that the relevant amount is credited to the User's Payment Account as soon as possible, no later than the next business day. Successful topping-up of the Payment Account is notified to the User directly in the Application and, at the same time, the balance of the Payment Account is increased in the Application. Upon topping up of the Payment Account, it is possible to perform payment transactions (up to the amount of the balance on the Payment Account).

2.4.3. The User may remit payments to the Merchant for the purchase of goods and services via the Application.

2.4.4. The User enters orders to execute a payment transaction in the Application by selecting the Merchant and by entering the amount of the transaction in the next step. Selection of a Merchant registered with Trisbee is available either by searching in the list of Merchants or by scanning the Merchant's QR code. After entering the amount of the payment, the User confirms their choice with the "Pay" button.

2.4.5. The User acknowledges that the Application may have set maximum limits for payments in accordance with the current provisions of the AML Act, or security limits set by Trisbee in order to prevent fraudulent payment transactions. These limits, if currently applied by Trisbee, are published on the website www.trisbee.com, and/or the User is informed thereof in the Application or by email.

2.4.6. After the User enters a payment order in the Application, the transaction is registered in the Trisbee system and within a few seconds the Application confirms successful acceptance of the payment order or non-acceptance of the payment order including justification thereof. Confirmation of a payment order acceptance is always designated with a unique transaction code.

2.4.7. Upon successful acceptance of a payment order, Trisbee shall always review the transaction for relevant provisions of the AML Act, ie. shall check whether it is a suspicious payment transaction, and shall verify, based on available information about the User and the payee or other information, whether it is a risky transaction in terms of possible fraud. After the payment transaction is verified and it is concluded that the transaction is not a suspicious or risky payment, Trisbee shall process the User's payment order by deducting the entered amount from the User's Payment Account and by sending this amount in favor of the selected Merchant according to Art. 2.4.8. hereof. Otherwise, ie. if the verification suggests that the payment transaction might be suspicious or risky, Trisbee shall proceed in accordance with Article 2.5. hereof.

2.4.8. The payee is:

(i) the Merchant to whom the User pays through the Application for offered goods or services.

In this case, upon the User's successful entering of a payment order in the Application, the Merchant is notified through notification in the Trisbee Payment Acceptance Application (the "Business Application") of the registered payment in the entered amount. The Merchant receives the same unique transaction code that identifies the payment order in the User's Application. Trisbee sends the User's payment to the Merchant no later than the next working day after successful entering of the payment order by the User.

2.5. Suspicious and Risky Transactions

2.5.1. In the event that Trisbee, based on verification of a payment transaction entered by the User in the Application (after entering a payment order) in accordance with Article 2.4.7. herein, concludes that the payment transaction is suspicious and/or risky (if there is a justified suspicion of fraud),

(i) processing of the transaction is immediately suspended

and, at the same time,

(ii) Trisbee immediately contacts the User and/or the selected payee, requesting further information on the entered payment order and submission of supporting documents relating to the transaction. Trisbee contacts these persons by phone and/or via SMS and/or email, and may choose any or all of these methods in order to do its best to reach the person contacted as quickly as possible.

The reason for verifying of such an entered payment order primarily consists in fulfillment of statutory obligations relating to Trisbee (as a mandatory payment institution) under the AML Act and in protection of legitimate interests of the company as an entrepreneur against fraud, whether committed against Trisbee or through Trisbee. The purpose of the verification is to obtain additional information and documents, on which Trisbee may base their decision on further processing of the entered payment order or rejection of the payment order.

2.5.2. The User acknowledges and understands that Trisbee is entitled to request the User and/or the selected payee to communicate thereto the facts and to provide thereto all relevant documents relating to the payment order entered by the User in the Application. Both the User and the selected payee are obliged to provide Trisbee with proper and timely cooperation. Proper cooperation means provision of complete, unbiased and truthful information and documents related to the verified payment transaction. Timely cooperation means cooperation provided without delay and no later than by the end of the 3rd working day after the day on which Trisbee demonstrably requested the cooperation of the person(s) concerned.

2.5.3. In the event that the User and the payee selected thereby jointly or separately remain out of contact or if they do not provide any information and documents or provide insufficient, distorted or misleading information and documents concerning the verified payment transaction by the deadline specified in the previous Art. 2.5.2. hereof, Trisbee may - as a result of such behavior - consider the verified payment transaction suspicious and risky. In such a case, Trisbee is entitled to refuse processing of the payment order entered by the User. The decision on refusal of the payment transaction mediation by Trisbee shall be notified without delay to the User and/or the intended payee. The amount entered by the User into the payment order and blocked by Trisbee for settlement of the payment transaction in question is not deducted from the User's Payment Account and is subsequently released for future payments by the User.

2.5.4. In situations where the User, or the payee selected thereby provide complete, unbiased and true information and documents relating to the verified payment transaction by the deadline according to Art. 2.5.2. hereof, Trisbee shall decide without undue delay, based on assessment of all facts and documents:

(i) either to complete processing of the payment order entered by the User so that the payment is sent or credited to the payee selected by the User in accordance with Article 2.4.8. hereof, if the doubts about the payment transaction are dispelled based on the information and documents provided;

or

(ii) to refuse mediation of the payment transaction in question if, based on the information and supporting documents provided, Trisbee concludes that the payment transaction is suspicious and/or risky. The decision on refusal of the payment transaction mediation by Trisbee shall be notified without delay to the User and/or the intended payee. The amount entered by the User into the payment order and blocked by Trisbee for settlement of the payment transaction in question is not deducted from the User's Payment Account and is subsequently released for future payments by the User.

2.6. Complaints about Entered Payment Order or Received Payment, Cancellations and Refunds

2.6.1. Trisbee considers all the payment orders entered into the Application as the orders entered by the logged-in Application User or a person authorized thereby, unless the User specifically notifies Trisbee that this is not the case.

2.6.2. If the User thinks that a specific payment transaction made to the debit of the User's Payment Account was not entered in the Application by the User or a person authorized thereby, or that it was entered in the Application by the User or a person authorized thereby but for the benefit of another entity or in a different amount of payment than subsequently processed by Trisbee, the User may complain about the payment transaction with Trisbee.

2.6.3. The User is entitled to file a complaint about a specific payment transaction with Trisbee without undue delay after discovering the reason for the complaint, however no later than within 13 months from the date that the payment order was confirmed to the User as accepted in the Application, or - if the acceptance of the User's payment order was not confirmed in the Application and the transaction was debited to the User's Payment Account despite of that - within 13 months from the date of execution of the payment transaction.

2.6.4. Trisbee may require completion of a payment transaction claim form. If the form is unavailable the User's complaint shall include at least the following information:

  • identification data (the User's name, surname, telephone number and email);
  • identification of the transaction that the complaint relates to - indication of the unique transaction code (if received by the User), date and amount of the transaction;
  • the reason(s) for filing of the complaint;
  • description of circumstances relating to the claimed payment transaction;
  • what remedies the User seeks.

The Users submit their complaint electronically by email to support@trisbee.com or in writing to the address: Trisbee s.r.o., Kamenická 33, Prague 7 - Holešovice, postal code 170 00 , or electronically by personal databox - ID DS Trisbee s.r.o .: ghwkp68.

2.6.5. If a complaint submitted by the User contains all the data necessary for it to be checked by Trisbee (Art. 2.6.4. of these Terms and Conditions), Trisbee is obliged to settle the complaint within 1 month from the day that the User's complaint was demonstrably delivered to Trisbee. Trisbee always informs the User that their complaint was received by Trisbee and when, that it was registered and that it will be settled within 1 month. If a complaint filed by the User lacks data needed for verification of the claimed payment transaction, or if it is necessary that the User clarifies certain facts or submits relevant documents, Trisbee contacts the User in order to ensure completion of such facts and documents. In that case, the deadline for settling of a complaint may be adequately extended by the time period of waiting by Trisbee for communication of the required complementary facts and for documents indispensable for settlement of the complaint from the User. If the User does not communicate the complementary facts and/or does not provide indispensable documents to Trisbee within 1 month of a notice to do so delivered by Trisbee, without the User indicating the reason for such delay and requesting alternative deadline for communication and substantiation of complementary facts, Trisbee shall terminate the complaint procedure and shall notify the User thereof. Trisbee shall not be obliged to investigate a complaint if the claim notice does not indicate clearly who is filing the complaint and if the person concerned has not provided their contact details.

2.6.6. After examining all the facts and documents provided by the User in the filed complaint and/or the facts and documents from Trisbee's internal records, Trisbee shall decide on settlement of the complaint by concluding that the complaint is either:

(i) justified and therefore shall comply with the complaint, ie shall inform the User that their complaint is justified and shall immediately take all necessary actions leading to elimination of the claimed status of the payment transaction; these actions may vary depending on the nature of the complaint;

or

(ii) unjustified and therefore shall reject the complaint, ie shall inform the User that their complaint has been found unjustified and shall indicate substantial reasoning of the decision;

or

(iii) partially justified and therefore shall comply with the complaint to a certain extent, ie shall inform the User that their complaint is justified to a certain extent, shall specify the justified part of the complaint and shall immediately take all necessary actions leading to elimination of the reasonably claimed status of the payment transaction (specific actions may vary depending on the nature of the complaint). Trisbee shall further inform the claimant that the remainder of the complaint was found unjustified and shall indicate substantial reasoning of the decision.

2.6.7. The payee is entitled to proceed by analogy in accordance with Article 2.6.3. et seq. of these Terms and Conditions, if they assume that a payment made in favor of their bank account or Payment Account does not agree with the payment order entered by the User (payer) and notified thereto in the Application or in the Business Application, or if they have not received the payment entered by the User into the Application.

2.6.8. If the User requests cancellation of a payment order entered thereby where the transaction has not been processed by Trisbee yet, or refund of a payment that has already been processed and the payment amount has already been sent or credited to the payee, the User shall indicate the following information:

  • identification data (the User's name, surname, telephone number and email);
  • identification of the transaction that the cancellation/refund relates to - indication of the unique transaction code (if received by the User), date and amount of the transaction;
  • the reason(s) for requesting cancellation or refund.

A request for cancellation of a payment transaction may only be submitted on the day of entering of the payment transaction in question by the User in favor of the payee; however, if Saturday, Sunday or public holiday follow the day according to the previous sentence, cancellation of the payment transaction may be requested by the end of the day followed a business day. A request for a refund may be submitted no later than 3 months from the date that the User submitted the payment order in question. The Users submit their requests for cancellation or refund electronically by email to support@trisbee.com or in writing to the address: Trisbee s.r.o., Kamenická 33, Prague 7 - Holešovice, postal code 170 00 , or electronically by personal databox - ID DS Trisbee s.r.o .: ghwkp68.

2.6.9. In such a case, Trisbee is entitled to check the request for cancellation of the payment transaction or refund of the payment and verify the reasons thereof with the payee entered into the payment order. If the payee does not agree with the cancellation or refund in question and, at the same time, communicates the facts or provides documents whose initial assessment give cause for considering the payee's disagreement justified, Trisbee shall not cancel the payment transaction or refund the payment entered by the User. Furthermore, Trisbee shall not cancel the payment transaction or refund the payment on the User's request if the payee does not respond to the request for consent with cancellation of the payment transaction or refund of the payment within 3 days from the date that the request was sent thereto. In such a case, the User is advised to resolve the matter with the payee.

2.6.10. Trisbee shall cancel a payment transaction or refund a payment at the User's request only with the express consent of the payee. If the payee agrees with the cancellation of a specific payment transaction or with the refund of a payment, they shall be obliged, if the payment has already been credited to their bank account or Payment Account, to return the amount of the payment in question to the Trisbee's bank account which they received the payment from. Upon returning of the payment, Trisbee shall credit the amount of the payment in question back to the User's Payment Account, thus no later than the next business day after the payment returned by the payee was credited to the Trisbee's bank account.

2.7. Charges

2.7.1. Trisbee does not charge any fees for the provided payment services to the User.

SECTION 3 - FURTHER RIGHTS AND OBLIGATIONS

3.1. Liability

3.1.1. The User is fully liable for any damage (both material and non-material) caused by their actions to Trisbee, persons related to Trisbee involved in mediation of payment services, or payees, if the User inflicts the damage:

(i) by intentional fraud;

(ii) by negligent conduct, including but not limited to insufficient security of the device in which the Application is installed or insufficient security of the Application so that a third party may perform payment transactions in the Application without authorization granted by the User;

(iii) by not informing Trisbee about facts concerning unauthorized payment transactions to a person other than the User, if the User finds out such facts or should have found them out if they behaved with reasonable diligence.

3.1.2. Trisbee is fully liable to the User for proper and timely mediation of any payment transaction successfully entered by the User (payment order), provided that the payment transaction is not deemed suspicious and/or risky. However, Tresbee is not liable for any damage that has occurred:

(i) due to circumstances which Trisbee could not have reasonably foreseen nor influenced (force majeure);

(ii) by fulfilling legal obligations imposed on Trisbee;

(iii) by actions of an entity other than Trisbee, which Trisbee could not have reasonably foreseen or influenced and therefore cannot be attributed to Trisbee - including but not limited to the actions of the banking institution responsible for clearing of the payment or of the telephone operator providing telephone and internet connection;

(iv) by actions of Trisbee constituting standard procedures of payment services mediation that the User must be aware of if they got acquainted with the content of these Terms and Conditions.

3.1.3. Trisbee is in no way responsible for the security, legality, quality or other properties of the goods or services purchased through payment by means of Trisbee. In the event that the price (or a part thereof) of goods and services paid originally through the Application is to be refunded on the basis of a complaint about the goods and/or services filed by the User with the payee, Trisbee may mediate refunding of the relevant amount to the User's Payment Account if thus agreed between the User and the payee, however only in the case of their mutual express consent and, at the same time, only if the payee returns the amount of the approved complaint (up to the amount of the original payment amount) to the Trisbee's bank account which it was originally credited to the payee from.

3.2. Notices

3.2.1. All and any communications, notices or documents sent by Trisbee to the User shall be primarily served to the email address entered by the User in the Application, or to the email address notified thereby later and/or by a message in the Application. A document is deemed served no later than a day after its dispatch to the User.

3.2.2. If the matter allows no delay (eg verification of a suspicious or risky transaction) or if it is common and appropriate in view of the specific situation, the User acknowledges that they may also be contacted by Trisbee by phone, via SMS to the phone number registered in the User Application or to another contact telephone number communicated by the User, via Facebook social network, or in another suitable way.

3.2.3. The User may contact Trisbee through all available channels indicated by Trisbee on the website, social media profiles or other communication channels managed by Trisbee, unless a specific method of communication and delivery of requests, communications or other documents is set out for a specific circumstance in these Terms and Conditions (eg filing of a complaint according to Art. 2.6.4. of these Terms and Conditions).

3.3. Changes to User Data

3.3.1. The User is obliged to notify Trisbee of any change in their identification data or contact details (change of name, of surname, of email address, etc.). In the case of full identification of the User according to Article 2.3. herein, the User is obliged to notify Trisbee and, if necessary, to document to Trisbee all changes to other facts which Trisbee verified with the User within the performed identification and which Trisbee is obliged to register about the User pursuant to the AML Act (change of permanent address, of bank account number, etc.). If new identity documents (ie the identity card and the second supporting identity document submitted by the User as part of the identification) have been issued to the User in the meantime since the identification, the User is also obliged to provide these to Trisbee.

3.3.2. The User is obliged to notify Trisbee of and to document the change(s) to these data no later than 10 working days from the day that the change of the given fact(s) occurred.

3.4. Language

3.4.1. The User hereby acknowledges that their communication language with Trisbee (or entities acting on behalf thereof) is primarily the language in which the User has set up the device with the downloaded Application or in which they use the Application, if the language is an official language of the country in which Trisbee provides its services. If the User's device is set in another language, the communication language between Trisbee and the User is English. By agreeing to these Terms and Conditions, the User expressly confirms that they understand the language in which they have downloaded the Application, or in which they use the Application and in which Trisbee communicates therewith.

3.4.2. Notwithstanding Article 3.4.1. hereof, The User shall choose from the options available thereto in the Application the language version of the Terms and Conditions that they unreservedly understand and expressly confirm by agreeing with the Terms and Conditions that they understand all terms of the payment services provision and with all their rights and obligations arising from conclusion of the contractual relationship with Trisbee.

3.4.3. Terms and Conditions are drawn up in Czech and English. All other language versions of these Terms and Conditions are mere translations of the Czech or English version. In case of discrepancies or conflicts between the Czech or English version and other language versions, the Czech or, as the case may be, English version prevails.

3.5. Confirmation under the AML Act

3.5.1. By agreeing to these Terms and Conditions, the User confirms that they are not a politically exposed person in the sense of Section 4 (5) of the AML Act. By politically exposed person, the AML Act means a natural person who holds or held significant public office of national or regional significance, as well as persons closely related to or otherwise connected with such a person.

3.5.2. If the User is unsure whether and under what conditions they can use the Trisbee services they may contact Trisbee at any time, and the circumstances concerning the conditions stipulated by the AML Act shall be jointly verified by Trisbee and the User.

3.6. Availability of Payment Services

3.6.1. Trisbee hereby expressly warns that it does not guarantee a specific scope or availability of the Trisbee payment services.

3.6.2. As part of regular maintenance of the Application and individual payment methods, including but not limited to technology alterations, technical problems, cyber attacks to the system of payment transactions processing, substantial increase in number of unauthorized or fraudulent payments or significant decrease in demand for a certain payment method, Trisbee is entitled to reduce or discontinue operation of the Application or of a certain payment method. The User shall not have right to compensation for damage potentially arisen thereto from the restriction or discontinuation of operation(s) as a result of the described facts.

3.6.3. Trisbee shall make every effort to inform the User of the restriction or discontinuation of operation of the Application or certain payment methods in a timely and appropriate manner. In the case of planned updates to the payment system, Trisbee informs the User well in advance, in particular via an email message or a message in the Application. In the event of unexpected events restricting operation of the Application or certain payment methods, this provision shall not apply. However, Trisbee undertakes to make every effort to immediately resolve any unexpected restrictions of certain features of the Trisbee payment system and, at the same time, to inform the User thereof in an appropriate manner, if the case in question enables to do so.

3.7. Disputes

3.7.1. In the event that the User is not in any respect satisfied with the payment services provided by Trisbee, they are entitled to address their complaint directly to Trisbee, in particular by email to support@trisbee.com. In order for Trisbee to deal with a User's complaint, the complaint must contain at least:

  • the User's identification data (especially the name and surname of the User and his telephone number);
  • description of the facts and reasons which are the subject of the complaint made by the User;
  • the User's proposal on resolving of the situation that is the reason for the filed complaint.

Trisbee shall confirm to the User the receipt of the complaint and shall investigate it immediately, or shall request additional information or documents from the User concerning the filed complaint, and shall notify the User of the result of the investigation no later than 15 days from the date of the complaint receipt. The deadline for investigation of a complaint shall be adequately extended by the time for which Trisbee waited for the delivery of additional information and/or documents that are necessary for the investigation and decision-making about the complaint in question. If the User is not satisfied with the Trisbee's decision about the complaint, they are entitled to resolve the matter in another available way in accordance with applicable law.

3.7.2. In the event of a dispute between Trisbee and the User concerning the use of Trisbee payment services, the User is entitled, among other things, to contact the Financial Arbitrator of the Czech Republic, with its registered office at Legerova 1581/69, 110 00 Prague 1, website https://finarbitr.cz/en/.

3.7.3. The User also has the right to file a complaint with the Trisbee supervisory authority, which is the Czech National Bank, Na Příkopě 864/28, 115 03 Prague 1. For more information about the CNB's activities as a supervisory authority, see: https://www.cnb.cz/en/supervision-financial-market/.

3.7.4. The User may also take advantage of the European Online Dispute Resolution Platform at http://ec.europa.eu/consumers/odr/ set up by the European Commission.

3.8. Duration of the Agreement and Amendments to the Terms and Conditions

3.8.1. By concluding the agreement according to Article 1.1. hereof, the User confirms to have been provided with all necessary pre-contractual information relevant for their decision-making about entering into an agreement with Trisbee before actual conclusion of the contractual relationship including information about Pilot; furthermore, the User confirms to have read these Terms and Conditions well in advance of the agreement conclusion, to understand the entire contents of the Terms and Conditions, to perceive the Terms and Conditions as specific and comprehensible, and that the individual rights and obligations arising from the contractual relationship with Trisbee are quite clear thereto.

3.8.2. This agreement between the User and Trisbee is concluded for a definite period, until the termination of the Pilot. In case Trisbee continues with provision of payment services to the User after the termination of the Pilot and the User intends to keep using payment services provided by Trisbee, it is deemed as a conclusion of a new agreement on the provision of payment services between Trisbee and the User under the terms and conditions which the User will be duly notified about before the termination of the Pilot and which will be published at Trisbee website www.trisbee.com. Notwithstanding, both Trisbee and the User are entitled to terminate this agreement at any time by notifying the other party. Termination of the operation of the Trisbee payment system is also considered termination of this agreement.

3.8.3. The agreement is terminated by Trisbee or the User upon delivery of the notice to the other party. In the event that the User or Trisbee have any due and outstanding commitments to the other party, the parties are obliged to settle such commitments no later than 1 month from the date of the agreement termination.

3.8.4. Trisbee has the right to unilaterally amend these Terms and Conditions at any time. By expressing consent to the proposed amendments to the Terms and Conditions, or tacitly by the User not communicating to Trisbee within a predetermined period of time their disagreement with the proposed wording of the Terms and Conditions, the parties' rights and obligations change in accordance with the new wording of the Terms and Conditions. Any amendment to the Terms and Conditions shall be binding for the User if Trisbee notified the User thereof in advance so that the User had the opportunity to get acquainted with the amendment. Notifying of an amendment to the Terms and Conditions means publishing of a notice on the Trisbee website, including publishing of the new version of the Terms and Conditions, and simultaneous notifying of the new Terms and Conditions in the Application and/or sending of a notice about the amendment to the Terms and Condition to the User's email box, including publishing of the new version of the Terms and Conditions. Any amendment to the Terms and Conditions shall take effect 1 month after the date of notification thereof, unless Trisbee specifies a later effect in the notification. If the User does not agree with an amendment to the Terms and Conditions, they may terminate the agreement at any time after notification of the amendment and before the day preceding the effective date of the amendment in question to the Terms and Conditions. Termination of the agreement for this reason in no way affects the obligation of both the User and Trisbee to settle the due and outstanding commitments to the other party within 1 month from the date of the agreement termination.

3.8.5. All rights and obligations arising from or in connection with the contractual relationship concluded between the User and Trisbee, the content of which is provided for under these Terms and Conditions, are governed by the laws of the Czech Republic, regardless of where the access to the Trisbee payment service was made. Any disputes arising between the User and Trisbee will be resolved before the relevant courts of the Czech Republic.

3.8.6. If any of the provisions of these Terms and Conditions is or becomes invalid or ineffective, such invalid/ineffective provision shall be replaced by a provision the meaning of which is as close as possible to the purpose of the invalid or ineffective provision. Invalidity or ineffectiveness of any provision shall in no way affect the validity and effectiveness of the other provisions of the Terms and Conditions. Invalidity or ineffectiveness of a provision in a sole relation to a particular entity or group of entities shall in no way affect the validity and effectiveness of this provision in relation to other entities.

3.8.7. The User acknowledges that Trisbee is entitled to assign at any time its rights and obligations arising from the contractual relationship with the User to another entity. In such a case, Trisbee is obliged to notify the User of this fact in advance, and it is guaranteed that the User will retain all their rights and obligations towards the new entity. When this case happens, the User has the right to terminate the agreement by the effective date of the rights and obligations assignment to the new entity.

These Terms and Conditions enter into force and take effect on 1 February 2021.