Starling Community Terms of Service

The following terms and conditions govern all use of the community.starlingbank.com website and all content, services and products available at or through community.starlingbank.com (the “Website”), whether as a guest or a registered user. The Website is owned and operated by Starling Bank Limited, company number 09092149, a UK registered company founded by a group of people passionate about making a real difference in retail banking (“Starling”).

The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Starling’s Privacy Policy and Community Guidelines) and procedures that may be published from time to time on the Website by Starling (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use Website or any content, services and products available at or through the Website.

Your Account

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Starling of any unauthorised uses of your account or any other breaches of security.

Your Responsibilities

If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes any type of media, including: text, graphics, an audio file or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including the copyright, patent, trademark or trade secret rights, of any third party;

  • if your employer has rights to intellectual property you create, you have either:

    • received permission from your employer to post or make available the Content, including any
      software; or

    • secured from your employer a waiver as to all rights in or to the Content;

  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

  • the Content is not spam, is not machine-generated or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party websites or boost the search engine rankings of third party websites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;

  • the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;

  • the Content is not named in a manner that misleads your readers into thinking that you are another person or company; and

  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Starling or otherwise.

You also represent and warrant that:

  • your use of the Website will be in strict accordance with the Starling Privacy Policy, Community Guidelines, with this Agreement and with all applicable laws and regulations; and

  • your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Licence

Materials you post on, or otherwise make available through, the Website are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Without limiting any of those representations or warranties, Starling has the right (though not the obligation) to, in Starling’s sole discretion:

  • refuse or remove any Website content that, in Starling’s reasonable opinion, violates any Starling policy or is in any way harmful or objectionable; and/or

  • terminate or deny access to and use of the Website to any individual or entity for any reason.

Copyright Infringement

As Starling asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Starling. Following notification, Starling may remove the infringing material or disable all links to the infringing material if appropriate or required. Starling may terminate your access to and use of the Website if, under appropriate circumstances, you are deemed to be a repeat infringer of the copyright or other intellectual property rights of Starling or others.

Intellectual Property

This Agreement does not transfer from Starling to you any Starling or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Starling. All trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of Starling or Starling’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Starling or third-party trademarks.

Attribution

Starling reserves the right to display attribution links such as ‘Powered by Starling,’ theme author, and font attribution in your content footer or toolbar. Footer credits and the community.starlingbank.com toolbar may not be removed regardless of upgrades purchased.

Changes

Starling reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Starling may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Starling may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Website account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity and limitations of liability.

No Warranties

Starling gives no representations, warranties or guarantees, whether express or implied, that:

  • the Website and its content or any other information Starling provide to you will be free from errors or omissions. These are provided “as is” and “as available” and your use of these is at your own risk;

  • the Website and its content are accurate, complete or up-to-date;

  • the Website and its content will be secure or free from bugs or viruses;

provided that Starling do not exclude any of such where Starling are required to by the law.

You are responsible for configuring your information technology in order to access the Website. You should use your own virus protection software and ensure that it is regularly checked and updated.

Liability

Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, Starling excludes all conditions, warranties, representations or other terms which may apply to the Website or any content on it – expressed or implied.

Starling is not liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, in connection with any of the following:

  • use of, or inability to use, the Website;
  • use of, or reliance on, any content displayed on the Website.

If you’re a business user, please note that in particular, Starling will not be liable for:

  • loss of profits, sales, business or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation;
  • any indirect or consequential loss or damage.

Starling only provides the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes.

Starling will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to you downloading of any content on it, or on any website linked to it.

Starling has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and therefore will not be liable for damage or loss arising from that material’s content, use or effects. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. By operating the Website, Starling does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.

The Website may contain links to other websites and resources provided by third parties. Starling has no control over the contents of those websites or resources. Starling assumes no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by Starling of those linked websites. Starling will not be liable for any loss or damage that may arise from your use of them.

Applicable Law

If you’re a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and Starling both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you’re a business, please note the restrictions relating to use of the Website, these terms of use, its subject matter and its formation (and any non contractual disputes or claims) are governed by English law. You and Starling both agree to the exclusive jurisdiction of the courts of England and Wales.

Indemnification

You agree to indemnify and hold harmless Starling, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Information About Starling

The Website is operated by Starling, which is registered in England and Wales as:

Starling Bank Limited (No. 09092149),
3rd Floor, 2 Finsbury Avenue,
London EC2M 2PP.

You’ll find the growing Starling team working at the same location.

Starling is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority under registration number 730166.

No Reliance on Information

The Website and its content are provided for general information only. It’s not intended to be taken as advice on which you should make any decisions. If you want advice, you must get in from a professional before doing, or not doing, anything on the basis of the content on the Website.

Entire Agreement

This Agreement constitutes the entire agreement between you and Starling in relation to its subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between you and Starling, whether written or oral, in relation to that subject matter.

Getting in Touch

You may contact Starling in connection with this Agreement by emailing: help@starlingbank.com.

General

A waiver by Starling of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

If agreed in writing between you and Starling, you can assign your rights under this Agreement or delegate your obligations under this Agreement to any person. Otherwise, you cannot do this for any reason.

Starling have some rights under this Agreement and these won’t limit other rights available to Starling. Starling’s officers, directors and employees have rights under this Agreement too and they can benefit from these rights as third parties, but Starling can make changes to this Agreement without consulting with them. No-one else has a third party right to benefit from this Agreement.

Reference to the word “include” or “including” (or any similar term) shall mean “including without limitation”.