THE FOLLOWING TEXT (”THESE RULES”) OUTLINES THE TERMS AND CONDITIONS AND YOUR OBLIGATIONS WHEN USING PACS TO PURCHASE GOODS OR SERVICES FROM A MERCHANT (“MERCHANT”) REGISTERED ON THE ONLINE PLATFORM PROVIDED BY TMU ON THE WEBSITE TRUSTMEUP.COM (“THE PLATFORM”).

These Rules shall be without prejudice to such other terms and conditions and TMU rules and policies that may be applicable to you as a user of the Platform.

In these Rules, all references to “TMU”, “the Company”, "our", "us", "we" and any similar expression shall refer to TMU Ireland Ltd, a company incorporated under the Laws of the Republic of Ireland and having company number 701630.

1. Creation of PACs

a) As a user of the Platform, you may be entitled to receive virtual tokens called ‘PACs’ that may be credited by us in your favour pursuant to such terms as may be applicable to you from time to time.

b) Once PACs are credited by us in your favour as aforesaid, we will credit such PACs into your account as validly registered on the Platform.

c) Each PAC will have a corresponding fixed value in Euro (€) or in any other fiat currency as may be determined by TMU from time to time. Any such value shall be fixed by TMU in its sole and exclusive discretion and without requiring your prior consent and approval for such purposes.

2. Nature of PACs

a) PACs are virtual tokens whose utility, value and application are restricted solely to the acquisition of goods or services from Merchants having a valid account with TMU on the Platform, and may not be used for any other purpose or on any other platform whatsoever.

b) PACs do not constitute or represent:
- Electronic money for the purposes of Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC, insofar as PACs do not represent any claim on TMU whatsoever;

- A payment instrument for the purposes of Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC; or

- Any financial or investment instrument for the purposes of Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (recast).     
 

3. Use of PACs

a) We provide a Platform and venue where a Merchant can upload, display and promote information and other content relating to its business as well as the products and/or services that the Merchant sells and/or provides. The Merchant’s content is uploaded and displayed in a dedicated area on the Platform (“Shop Window”).

b) Once you have registered an account with us, as a user of the Platform you will be able to access, browse and view the Shop Window of any Merchant to obtain more information about the Merchant, its business and its products and/or services.

c) When visiting a Shop Window, you may wish to obtain more detailed information relating to the business, products and/or services of a Merchant, as well as the price of any products and/or services offered by the relevant Merchant. To do this, you will be required to either visit the premises of the Merchant or, alternatively, if the Merchant has an online store on a dedicated website (“Online Store”) maintained by the Merchant, a dedicated link will be displayed in the Shop Window which takes you directly to the Online Store from which you may choose to buy items or services from the Merchant. Please view the Buyer Terms for more information on the applicable rules relating to your use of the Platform and Shop Windows.

d) If you are registered on the Platform as a donor or a non-profit organization (and not as a Merchant ) and you wish to purchase an item or service from Online Store of Merchant as accessed through the Shop Window, you may use your PACs to take advantage of a discount on the price of the relevant item or service, and the Merchant will be bound to sell any such item or service to you at such discount, subject to the limitations and conditions outlined below and in any other TMU rules and policies that may be applicable from time to time. 
The extent (percentage) of the price of each item or service that shall be discounted through the use of PACs as aforesaid shall be agreed by and between TMU and each Merchant, and shall be specified by the Merchant in the relevant pricing and payment details of each item or service appearing in its Online Store. 
Once you (as a donor or non-profit organisation registered on the Platform) use any of your PACs in any purchase from another Merchant as aforesaid, such PACs shall be cancelled by TMU from your account on the Platform, and no PACs shall be credited by TMU to the Merchant from which you purchase any goods or services. 

e) You may only use PACs to purchase goods or services offered for sale by a Merchant in its Online Store. PACs may not, however, be used to purchase items or services from the Merchant’s premises.

f) PACs shall not be used to pay any portion of any delivery, customs, tax or other fees, costs, charges or expenses related to the purchase of any item or service from a Merchant.

g) In the event that your account with us is closed for any reason whatsoever pursuant to any terms issued by us as may be applicable to you from time to time, any PACs which you may hold in your account shall be cancelled without any compensation, reimbursement, or other payment whatsoever being due and payable by us to you.

4. Restrictions

a) You shall not list or trade or otherwise seek to admit to trading on any platform or exchange whatsoever, any PACs held by you.

b) PACs are not transferable to any other person, save as otherwise provided in these Rules and any other applicable terms and conditions or policies issued by TMU from time to time.

c) PACs may not be redeemed or otherwise exchanged for any fiat or other virtual or digital currency or asset whatsoever, and may only be used as provided in these Rules.

d) Your account with us will not permit you to receive, hold, transfer or otherwise transact in any digital, monetary, financial or other assets, other than PACs, and as further provided in these Rules and any other applicable terms as we may issue from time to time. You further agree that you shall not try to associate or store any asset, other than PACs, with or on your account with us.

5. Warranties

a) You hereby represent, warrant and covenant that:
- You are duly and lawfully authorized to receive and hold PACs in your account with us and to use such PACs in accordance with these Rules and any other terms and conditions issued by us that may be applicable to you from time to time, and that there are no legal impediments, restrictions or prohibitions under any law, regulation or rule that may be applicable to you and which preclude, prohibit, restrict or affect in any manner and to any extent whatsoever the receipt, holding and use of PACs by you;
- TMU is not responsible to provide you or any other third party with any indication, guidance, advice, confirmation, guarantee or any undertaking whatsoever in relation to any legal and regulatory treatment, implications or considerations that may arise or result in any jurisdiction by virtue of you receiving, holding and/or using PACs. As such, you shall be solely and exclusively responsible to ensure your compliance with any applicable law when receiving, holding and using PACs;
- You shall remain at all times the sole and exclusive owner of the PACs received by you in accordance with any terms issued by us that may be applicable to you;
- You shall use the PACs in accordance with these Rules only and subject to any other terms issued by us from time to time as may be applicable to you, and you shall not use or otherwise apply the PACs in any other manner whatsoever;
- You shall not transfer, transmit or otherwise assign any PACs to any other person;
- You shall not list or trade any PACs, or otherwise seek or attempt to admit to trading any PACs, on any platform or exchange whatsoever.

b) Your use of the Platform is at your sole risk. The Platform is made available to you on an "as is" and "as available" basis. TMU and its affiliates expressly disclaim and exclude, to the fullest extent permitted by applicable law, all warranties, conditions and representations of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

c) TMU and its affiliates make no warranty or condition that (i) the Platform will meet your requirements, (ii) the Platform will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Platform will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you from a Merchant as may be accessed through the Platform will meet your expectations.

d) Without prejudice to the generality of the above, we do not guarantee the continued access to or availability of your PACs and, generally, your account with us at all times. Access to or availability of your PACs and your ability to use your account to receive and use your PACs, may be disrupted or interrupted due to limitations, delays and/or other issues relating to the internet, electronic communications, blockchain network congestion or other technical issues that may arise from time to time, and which shall be out of our control.