Trisbee General Terms and Conditions
User’s Terms and Conditions
SECTION 1 – INTRODUCTION AND BASIC TERMS
1.1. Agreement with the User
These terms and conditions constitute basic agreement on the provision of payment and other services between Trisbee s.r.o, with its registered office at Prague 6, Vokovice, K Červeném vrchu 678/1, postal code 160 00, Czech Republic, Company ID No.: 04775660, registered in the Commercial Register maintained by the Municipal Court in Prague, file number C 306886 (hereinafter “Trisbee”) and the user. The agreement is deemed concluded when the user makes use of any of the services provided by Trisbee (hereinafter referred to as the “User”). The rights and obligations of Trisbee and the User in providing of the services are governed by these terms and conditions (hereinafter referred to as the “Terms and Conditions”).
1.2.1. “Trisbee” is the company providing services according to these Terms and Conditions. At the same time, 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 the authority supervising Trisbee in the provision of payment services thereby.
1.2.2. “Registered User” means any person who uses the services provided by Trisbee and who, in order to enter into a contractual relationship therewith, has provided Trisbee with his/her identification data, has agreed to these Terms and Conditions, and/or has met other conditions stipulated for the provision of the selected service, and who has been registered for provision of the services by Trisbee.
1.2.3. “Identified User” means any person who uses the payment or other services provided by Trisbee and who, in order to enter into a contractual relationship therewith, has provided Trisbee with their identification data, has agreed to these Terms and Conditions, has met other conditions stipulated by law for the provision of payment services and, at the same time, who has been verified, approved and registered for provision of payment services by Trisbee.
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 services provided by Trisbee. In such cases the Application serves to the Merchant as a payment terminal These Terms and Conditions apply mutatis mutandis to the Merchant’s Customer.
1.2.5. “User” means any person using the payment or other services provided by Trisbee, whether the person has registration or not. The User therefore means both the Merchant’s Customer and the Registered and Identified User.
1.2.6. “Payment Account” means the virtual account maintained by Trisbee for the Identified User. The Identified User may transfer funds to the Payment Account from their bank account kept at a banking institution, doing so by bank transfer and/or by means of a (debit or credit) payment card (availability of this service is subject to changes over time). The funds kept on the Payment Account may be used by the Identified User to remit payments for goods or services to Merchants.
1.2.7. “Application” means the Trisbee mobile or web application serving for payment remittance. The mobile application can be downloaded from the App Store or Google Play. The web application can be accessed at pay.trisbee.com or at trisbee.app.
1.2.8. “Merchant” means an entity that has entered into an agreement with Trisbee on the provision of services consisting in acceptance of non-cash payments from Users and other services, and that meets all contractual and statutory conditions for the provision of the services.
SECTION 2 – SERVICES DESIGNED FOR USERS
2.1. Specification of Services Designed for Users
2.1.1. Trisbee provides the User with the following services:
a) payment remittance
- with the mobile or web Application, or
- by accessing the Trisbee server via the application programming interface (API),
b) Payment Account (top-up account) management - a virtual account maintained for an Identified User who has decided to use this Trisbee payment service. The Identified 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 Identified User to remit payments for goods or services to Merchants,
c) other services, the provision of which is currently offered by Trisbee to Users at the website www.trisbee.com. The conditions for the provision of these services may be published on the Trisbee website separately from these Terms and Conditions, however, such terms and conditions for the provision of services are considered an integral part of these Terms and Conditions for the entire duration of their validity.
2.1.2. The User may remit payments to the Merchant for the purchase of goods and services via the Application. Payments may be made by payment card or from the funds available on the Payment Account. Therefore, payment transactions can be made through the Application both with and without registration. For the provision of certain services is required the registration (e.g. payment with a stored payment card) or identification according to the Article 3.3. hereof (e.g. making payments from the Payment Account).
2.1.3. 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.
2.1.4. Remittance and acceptance of payments is described under Articles 3.5.1. and 3.5.2. of these Terms and Conditions and applies similarly to all Users.
2.1.5. Trisbee does not provide a payment service to the User, who is not identified, in a situation where the User pays the Merchant using the Application or API. In this case, the Application or API serves as the Merchant’s payment terminal.
2.1.6. The provision of 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.
2.2. Basic Conditions of the Agreement Conclusion and of Users Registration
2.2.1. 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).
2.2.3. Trisbee is entitled to decide on disapproval of registration and identification of a User, or on subsequent temporary ban on, termination or restriction of the use of payment or other services by those Users, in the event that:
(i) the User does not provide the information and documents required for registration to be completed;
(ii) the User does not provide the information and documents required for identification by law (Article 3.3 of these Terms and Conditions);
(iii) based on the 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 service (in particular pursuant to Article 2.2.1. of these Terms and Conditions);
(iv) 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;
(v) the provision of 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;
(vi) the provision of services to the User, or the performance of a specific service (such as a specific payment transaction) is not compatible with the moral, generally human or business values which Trisbee insists on adhering to;
(vii) the User uses services in an illegal or immoral manner, or uses offensive, obscene, vulgar, disrespectful or defamatory language towards Trisbee or towards any employees or agents acting on behalf of Trisbee;
(viii) the User fundamentally violates these Terms and Conditions;
(xi) the User is declared bankrupt, insolvency or enforcement proceedings are conducted against the User, or the User dies or is declared deceased by the competent authority of the User’s country.
Trisbee shall notify the User of the reasons for the User’s disapproval, for termination of services, temporary blocking or restriction of the provision of services to a User who is already registered, or refusal to perform a specific service 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.
SECTION 3 – PAYMENT SERVICE AND BROKERAGE THEREOF
3.1. Terms of the Application Use by the User
3.1.1. Trisbee develops and operates the Application, through which the User can perform payment transactions consisting in payment remittances to Merchants.
3.1.2. 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.
3.1.3. 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 App store or as a web application. The User understands that the Application was not created for individual needs of a particular User but for universal use.
3.1.4. 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.
3.1.5. By using 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 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.
3.1.6. Trisbee is entitled to prevent the User from using Trisbee services (i.e. to terminate the provision of services) if the Application is used by the User in an illegal or immoral manner.
3.1.7. 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.
3.2. Registration of Users and Terms of Using Trisbee Payment Services
3.2.2. 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 their first login and activation of the Application. 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), if the feature is currently available in the Application. 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 have a significant impact on settlement of any complaint against a service provided by Trisbee through the Application.
3.2.3. The Registered User may then open their Payment Account. As part of setting up of a Payment Account, further identification and uploading of the User’s identification documents is required. Payments from the Payment Account are subject to the User’s registration (see Article 3.2.1. of these Terms and Conditions) and identification (see Section 3.3. of these Terms and Conditions).
3.2.4. Before carrying out a payment from the Payment Account, the Identified User is obliged to top up their Payment Account with at least the amount enabling performance of the intended payment transaction or with funds of any higher amount. The Application does not enable entering of a payment order in an amount exceeding Payment Account balance. Topping up of a Payment Account is described in Section 3.4 herein.
3.3. User’s Identification
3.3.2. If identification of the User is a statutory condition for the provision of a payment service, Trisbee cannot provide the payment service to the User without verifying his/her identity and other legally stipulated data concerning the User.
3.3.3. 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.
3.3.4. 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.
3.3.5. The identification is performed by Trisbee without undue delay, upon obtaining of the necessary data and documents from the User. The User’s approval after his/her identification is non-compulsory and is always at the discretion of Trisbee, according to the specific circumstances of each individual User.
3.3.6. 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.
3.4. Top-Up of Payment Account
3.4.1. The Identified User can top-up the Payment Account using the currently available techniques, which are listed directly in the Application (in particular top-up by transfer from a bank account, credit or debit card, etc.).
3.4.2. As soon as the topped-up amount selected by the Identified 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 Identified User’s Payment Account without undue delay, no later than the next business day. Successful topping-up of the Payment Account is notified to the Identified User directly in the Application and via an email message and, at the same time, the balance of the Identified User’s Payment Account is increased in the Application.
3.5. Payments in the Application
3.5.1. 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 possible either by scanning the Merchant’s QR code or by searching thereof in the list of Merchants. After the payment amount is entered, the User selects a payment method (Payment Account, payment card, Apple Pay, Google Pay) and confirms t¨he transaction with the “Pay” button.
3.5.2. 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 entering of the payment order or non-acceptance of the payment order including justification of such non-acceptance. Confirmation of a payment order entering is always designated with a unique transaction code.
3.5.3. Acceptance of a payment order is always accompanied with the transaction review for compliance with relevant provisions of the AML Act, ie. checking whether the payment transaction in question is not a suspicious one, and checking whether the transaction in question is not risky in terms of fraud, thus based on available information about the User and the Merchant or - where appropriate - other information. If the payment transaction is verified and the verification suggests that the transaction is not a suspicious or risky payment, the payment order is processed in the standard way, the amount of the payment entered is deducted from the User’s Payment Account or bank account and is subsequently sent to the selected Merchant. Otherwise, i.e. if the verification suggests that the payment transaction might be suspicious or risky, Trisbee shall proceed in accordance with Article 3.6. hereof.
3.5.4. The Merchant’s Customers understand that they may be contacted by Trisbee in connection with an entered payment order at the email address obtained as part of the service provision (email address entered in Apple Pay, Google Pay or in the Application - where entered by the Merchant’s Customer).
3.5.5. The payee is 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”) or in another way (such as text message or Merchant’s dashboard) of the registered payment in the amount entered by the User. The Merchant receives the same unique transaction code that identifies the payment order in the User’s Application. The User’s payment is subsequently sent to the Merchant.
3.6. Suspicious and Risky Transactions
3.6.1. In the event that the verification of a payment transaction entered by the User in the Application (after entering a payment order) in accordance with Article 3.5.3. herein suggests that the payment transaction is suspicious and/or risky (if there is a justified suspicion of fraud),
(i) processing of the transaction is immediately blocked and the transaction is not accepted for processing
(ii) processing of the transaction is immediately suspended
and, at the same time,
(iii) Trisbee immediately contacts the User and/or the selected payee (the Merchant), 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 (if the payment order is not blocked immediately) 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 (if the payment order is not blocked immediately as set in paragraph (i) above) or rejection of the payment order.
3.6.2. The User acknowledges and understands that the decision to block acceptance of a payment order according to Article 3.5.1. (i) is final and is communicated to the User in the Application as an unsuccessful entry of a payment order, the reason for which is the payment order non-acceptance. A decision on suspension of a payment order acceptance according to 3.5.1. (ii) is - on the other hand - an interim decision, where the final decision on the (non)acceptance and (non)processing of the payment order depends on the follow-up cooperation between the User and the Merchant.
3.6.3. The User acknowledges and understands that Trisbee is entitled to request the User and/or the selected Merchant 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 Merchant in question 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.
3.6.4. In the event that the User and the Merchant 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 Article 3.6.3. 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 Merchant. 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 bank account or Payment Account.
3.6.5. In situations where the User, or the Merchant selected thereby provide complete, unbiased and true information and documents relating to the verified payment transaction by the deadline according to Article 3.6.3. above, 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 Merchant selected by the User, if the doubts about the payment transaction are dispelled based on the information and documents provided;
(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 Merchant. 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 bank account or Payment Account.
3.6.6. Trisbee proceeds similarly, mutatis mutandis with Articles 3.6.3. and 3.6.4. hereof, if after processing the User’s payment order it discovers facts providing grounds for considering of the payment transaction in question suspicious and/or risky. Trisbee is entitled to proceed as set in the previous sentence for 1 month upon the date that the User entered the payment order in question. In the event that the payment transaction in question is found to be suspicious and/or risky, Trisbee will cancel the payment transaction (chargeback) - if possible and necessary in the given case - doing so in accordance with the conditions for cancellation of payment transactions currently in effect.
3.7. Complaints about Entered Payment Order or Received Payment, Cancellations and Refunds
3.7.1. Trisbee considers all the payment orders entered into the Application as the orders entered by the User or a person authorized thereby, unless the User specifically notifies Trisbee that this is not the case.
3.7.2. If the User thinks that a specific payment transaction made to the debit of the User’s bank account or 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, the User may complain about the payment transaction with Trisbee.
3.7.3. 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 bank account or Payment Account despite of that - within 13 months from the date of execution of the payment transaction.
3.7.4. 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 Merchant seeks.
Users file complaints electronically by email to firstname.lastname@example.org or in paper form sent to the address: Trisbee s.r.o., Kamenická 33, Prague 7 - Holešovice, postcode 170 00, or electronically via databox - ID DS Trisbee s.r.o.: ghwkp68.
3.7.5. If a complaint submitted by the User contains all the data necessary for it to be checked by Trisbee (Article 3.7.4. 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 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.
3.7.6. After examining all the facts and documents provided by the User in re 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;
(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;
(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.
3.7.7. The Merchant is entitled to proceed by analogy in accordance with Article 3.7.3. et seq. of these Terms and Conditions, if they assume that a payment made in favor thereof does not agree with the payment order entered by the User and notified thereto in the Business Application or, as the case may be, in another way, or if they have not received the payment entered by the User in the Application.
3.7.8. In a situation where the User requests cancellation of a payment order entered thereby where the transaction has not been processed yet, or refund of a payment that has already been processed and the payment amount has already been sent or credited to the Merchant, 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, date and amount of the transaction;
- the reason(s) for requesting cancellation of the payment order or refund of the payment - the reason can as a rule only be a technical or similar error on Trisbee side (error in the Application) or error made by the User while entering the payment order. In other cases, Trisbee will refer the User to resolve the situation directly with the Merchant as part of their business relationship.
A request to cancel the payment transaction and a request for a refund may be submitted no later than 3 months from the date that the User entered the payment order in question.
The Users submit their requests for cancellation or refund electronically by email to email@example.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.
3.7.9. 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 Merchant entered in the payment order. If the Merchant agrees to cancellation of a specific payment transaction or refund of the payment, they are also obliged, if the payment has already been credited to their bank account or is already on its way to their bank account, to proceed in accordance with the terms and conditions of the payment service provider and to return the amount of the payment received. Based on this the payment amount in question can be returned to the User.
3.7.10. The User is obliged to resolve all complaints regarding goods or services provided by the Merchant to the User directly with the Merchant.
3.8.1. Trisbee does not charge any fees for the provided services to the User.
SECTION 4 - FURTHER RIGHTS AND OBLIGATIONS
4.1.1. 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 provision of the services, or third parties, if the damage is inflicted by the User:
(i) by intentional fraud;
(ii) by negligent conduct, including but not limited to insufficient security of the device in which the Application is installed/used 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.
4.1.2. Trisbee is fully liable to the User for proper and timely provision of the services, in particular 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 (see Article 3.6. of these Terms and Conditions). 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 the services provision that the User must be aware of if they got acquainted with the content of these Terms and Conditions.
4.1.3. 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. The User is obliged to exercise his/her rights regarding the purchased goods or services directly with the Merchant.
4.2.1. Provided that the User gets registered and/or identified (see Article 2.2. of these Terms and Conditions) or provides their email address as part of an anonymous payment, Trisbee delivers all communications, notices or documents to the User primarily to the email address entered thereby in the Application, or to the email address provided by the User on later occasion. Messages or notifications can also be delivered to the Registered and Identified User via SMS or a message in the Application. A document is deemed served no later than a day after its dispatch to the User.
4.2.2. 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 Registered and Identified User acknowledges that they may also be contacted by Trisbee by phone, via SMS to the phone number registered in the Application or to another contact telephone number communicated by the User, via Facebook social network, or in another suitable way.
4.2.3. 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. 3.7.4. of these Terms and Conditions).
4.3. Change of the Registered and Identified User’s Data
4.3.1. Registered and Identified Users are obliged to notify Trisbee of any change in their identification data or contact details (change of name, of surname, of email address, etc.). In connection with identification according to Article 3.3. herein, Identified Users are obliged to notify Trisbee and, if necessary, to document any changes to other facts which Trisbee verified therewith within the scope of their identification and which Trisbee is obliged to register about Identified Users pursuant to the AML Act (change of permanent address, of bank account number, etc.). If new identity documents (i.e. the identity card and the second supporting identity document submitted by the Identified User as part of the identification) have been issued to the Identified User in the meantime since the identification, the Identified User is also obliged to provide these to Trisbee.
4.3.2. Registered and Identified Users are obliged to notify Trisbee of and to document the changes to these data no later than 10 working days from the day that the change of the given fact(s) occurred.
4.4.1. Users can choose the language in which they want to use the Application and in which Trisbee (or entities acting on behalf of Trisbee) will communicate therewith in relation to the services provided, doing so directly in the Application settings. Users can choose one of the languages of the countries where Trisbee provides its services. By agreeing to these Terms and Conditions, Users expressly confirm that they understand the language in which they use the Application and in which Trisbee communicates therewith.
4.4.2. Furthermore, Users expressly confirm that they understand all the conditions of the services provision and all the rights and obligations implied thereto from the use of the Application and/or other Trisbee services.
4.4.3. Business 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.
4.5. Confirmation under the AML Act
4.5.1. 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.
4.5.2. 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.
4.6. Availability of Payment Services
4.6.1. Trisbee hereby expressly warns that it does not guarantee a specific scope or availability of the services provided.
4.6.2. 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 or service, Trisbee is entitled to reduce or discontinue operation of the Application or of a certain payment method/service. 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.
4.6.3. Trisbee shall make every effort to inform the User of the restriction or discontinuation of operation of the Application or certain payment method/service in a timely and appropriate manner. In the case of planned updates to the 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.
4.7.1. In the event that the User is not in any respect satisfied with the services provided by Trisbee, they are entitled to address their complaint directly to Trisbee, in particular by email to firstname.lastname@example.org. 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, their email address and 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.
4.7.2. 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/.
4.7.3. The User also has the right to file a complaint with the supervisory authority of Trisbee as the payment services provider, 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/.
4.7.4. 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.
4.8. Duration of the Agreement and Amendments to the Terms and Conditions
4.8.1. By concluding the agreement according to Article 1.1. hereof, the User confirms that they had available all necessary pre-contractual information relevant for their decision-making about entering into an agreement with Trisbee before actual conclusion of the contractual relationship; furthermore, the User confirms that they have read these Terms and Conditions prior to the the agreement conclusion, that they understand the entire contents of the Terms and Conditions, that they 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.
4.8.2. The agreement between the User and Trisbee is concluded for an indefinite period. Both Trisbee and the User are entitled to terminate the agreement at any time by notifying the other party. The notice period for Trisbee is 2 months. Both termination of the operation of the Trisbee payment system and of the services provision are considered termination of the Agreement.
4.8.3. If the notice is given by the User, the Agreement is terminated at the moment of the notice receipt or, where given by Trisbee, upon expiry of the notice period according to Article 4.8.2. hereof. 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.
4.8.4. 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 well 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 www.trisbee.com, 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 (assuming that Trisbee disposes of the User’s email address). Any amendment to the Business Terms and Conditions shall take effect 2 months 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.
4.8.5. 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.
4.8.6. 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.
4.8.7. The User acknowledges that Trisbee is entitled to transfer 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 is the case, the User has the right to terminate the agreement by the effective date of the rights and obligations transfer to the new entity.
These Terms and Conditions enter into force and take effect on 12 February 2023.