Terms of Service
1. Scope of these terms and conditions and why you should read them
Please read these terms and conditions (the “Agreement”) carefully before you start to use our Services. This Agreement (together with the documents referred to in it) tells you who we are, how we will provide the Services to you, how this Agreement may be changed or ended, what to do if there is a problem and other important information.
This Agreement is written in English. We may translate it into other languages. In the event of a conflict between a translated version and the English version of this Agreement, the English version will prevail.
By using our Services, you confirm that you accept and agree to comply with the terms and conditions of this Agreement. If you do not agree, you must not use our Services.
This Agreement refers to the following additional documents, which also apply to your use of our Services:
Our Privacy and Security Policy, which sets out the terms on which we process any personal data we collect about you, or that you provide to us. By using our Services, you consent to such collection, use, disclosure, and processing, and you warrant that all data provided by you is accurate. The policy also sets out information about the “cookies” on our Website.
Depending on the Services you choose to use with us, additional terms and conditions may apply, as communicated to you before you start using such Services.
Definition
Agreement means the terms and conditions herein, in addition to any referenced documents or attachments.
Beneficiary means any third party to whom you intend to make a payment through the Services, such as your suppliers of goods and/or services and other third parties as approved by Starcave.
Beneficiary Bank Account means the Beneficiary’s bank account you provide to Starcave into which you intend to make a payment.
Business Day means a day other than a Saturday, Sunday or a public holiday in Hong Kong when financial institutions in Hong Kong are ordinarily open for business.
Collection Agent Service means the collection of Funds by Starcave or its Service Providers on your behalf where in each case, such collection has been individually confirmed by you in accordance with applicable requirements set out by Starcave or its Service Providers.
Fees mean charges payable to Starcave from you for our Services.
Funds mean any amount of money received from third party on your behalf by Starcave or its Service Providers in the course of supplying the Services under this Agreement.
Hong Kong or HK means the Hong Kong Special Administrative Region of the People’s Republic of China.
Payment Agent Service means in each case, an individual payment order executed by Starcave or its Service Providers on your behalf where such payment services are within the scope of the requirements applicable to us and for the avoidance of doubt excluding any payments in connection with the performance of a foreign exchange transaction.
Services mean the list of services set out in this Agreement and include such other products, services, content, features, technologies or functions and all related websites and services that are offered by Starcave or its Service Providers from time to time under this Agreement, and each a “Service”.
Service Providers mean Starcave, banks, payment service providers, clearing networks and other third parties used by Starcave in the course of providing the Services.
User Bank Account means your or your authorised import/export agent representative’s bank account you provide to Starcave (which we’ve pre-authorised) into which the Funds in your Starcave Account will be settled.
Website means any URL, including but not limited to www.starcave.com, through or on which we provide the Services to you.
Starcave means Starcave Technology Company Limited, a Hong Kong corporation.
Starcave Account means the online account you have opened with us (i.e., a unique account ledger registered under your name) in accordance with the terms of this Agreement for use of our Services.
Starcave Credentials mean the bank account number(s) Starcave assigns to you into which your payers could send the Funds.
2.About Starcave
Starcave is a Hong Kong corporation, and is a Money Service Operator authorized by the Commissioner of Customs and Excise, HK (license No: XXXXXXX)
3.Applicable Law and Dispute Resolution
This Agreement is governed by and shall be construed in accordance with the laws of Hong Kong.
4.Starcave Services
You must register for an Starcave Account before we provide you with any Starcave Services. Please refer to our User Agreement.
a) Service scope
Starcave acts as a money service provider and provides an online Collection Agent Service and Payment Agent Service to receive and send, on your behalf, the Funds for your sale or purchase of goods or services. Each Collection Agent Service and Payment Agent Service is an individual contract. We rely on and work with our Service Providers to provide you Services.
Your Starcave Account does not constitute a bank account or other financial instrument.
The Services are intended to enable payments for commercial activities and must not be used for personal payments or remittances without any underlying commercial transactions. You may not assign or transfer your right to utilize the Services to a third party or otherwise grant any third party a legal or equitable interest in connection with your use of the Services.
The Services may include some or all of the following services, which may change from time to time:
Payment Agent Services – Providing a remittance service (paying your Beneficiaries) to you, per instructions through your Starcave Account;
Collection Agent Services – Receiving payments from your buyers on your behalf;
Foreign Exchange Services – Currency conversion of Funds;
Funds settlement to your User Bank Account, in a selected and available currency; and
Any additional services that are made available by Starcave from time to time.
You can view and manage transaction activity online through your Starcave Account on the Starcave Website.
You duly appoint Starcave, and Starcave agrees to act, as your agent to handle the Funds and all relevant matters, pursuant to this Agreement. However, Starcave or its Service Providers does not act as an escrow agent, trustee, fiduciary or stakeholder for you or your payer/payee. Starcave or its Service Providers assumes no liability to or in respect of any products, services or any other part of your business. You assume exclusive responsibility for your product, services, clients, and shall indemnify and hold Starcave or its Service Providers harmless from any claim by any of your clients, suppliers, employees, agents, contractors against Starcave or its Service Providers.
You are solely responsible for reporting to all applicable government tax authorities all Funds received of any applicable taxes that apply to such Funds.
Starcave Account and Funds Safety
The Starcave Account is a virtual account ledger and not a bank account. The Funds held in your Starcave Account shall not bear interest and are not subject to protection of the Hong Kong Deposit Protection Scheme. By accepting this Agreement, you acknowledge that Starcave is authorised to retain any interest, that arises with respect to the sum of any Funds collected by Starcave on your behalf. Any such interest so generated will be disclosed upon your request.
Funds transferred to Starcave are beneficially owned by Starcave until the Funds are settled into your User Bank Account or paid out to the Beneficiary on your behalf. The Funds will not be held on trust by Starcave on your behalf. Starcave will hold the Funds in a designated underlying bank account in its name for the sole purpose of providing the Services. The Funds in this underlying bank account will be comingled and pooled together with those of other users of Services offered by Starcave.
Starcave has implemented commercially reasonable administrative and technical measures to protect and segregate the Funds, including holding the Funds in a designated bank account segregated from Starcave’s corporate funds and the Funds will not be used for its operating expenses or for any other corporate purposes.
b) Making payments via Starcave Payment Agent Service
Each payment instruction under the Payment Agent Service is an individual contract between you and Starcave. You can make payments to your Beneficiaries. In this regard you can instruct us to make a payment on your behalf. The Fee for making a payment will be provided before you make such instruction.
Your payment order
You must submit payment orders online via your Starcave Account.
To set up a payment order via your Starcave Account, you need to provide certain information to us including, but not limited to:
the full name of your Beneficiary;
your Beneficiary’s bank account details;
amount to be transferred and currency;
an invoice reference that the Beneficiary can identify the payment; and
a copy of the invoice, when Starcave deems necessary.
Your payment order might be subject to maximum sending amount limit. We may vary this limit from time to time by notification to you via email.
It is your responsibility to ensure the Beneficiary’s bank account details are accurate and complete.
Once we have received your payment order, we will send you a confirmation to your registered email or in other ways through your Starcave Account to confirm that we have received your payment order. Each payment order is given a unique transaction ID and is shown in the transaction history on your Starcave Account. You should quote this transaction ID when communicating with us about a particular payment order.
Execution of your payment order
We will only process your payment order if we have received the full transfer amount and our Fees from you and you may pay us by authorising us to debit available Funds held on your behalf. It is your responsibility to ensure you have sufficient Funds to cover your payment order and any applicable Fees. We will update your Starcave Account following each such debit.
We carry out verification checks, and these checks may increase the time it takes to process your payment order. We cannot be responsible for any delays as a result of carrying out those checks.
The estimated completion time of your payment order is not in Starcave’s control and it may take one to fifteen (1-15) Business Days. Starcave offers no guarantee on the time it takes.
Refusal of your payment order
Payment orders may be temporarily withheld in the event when Starcave determines that payment would violate applicable laws or place Starcave in excessive security, financial, or reputational risk. The Funds may be forfeited as per the requirements of applicable laws.
If we are unable to complete your payment order, we will let you know and, if possible, inform you of the reasons for such refusal and explain how to correct any factual errors. However, we are not required to notify you if such notification would be unlawful or cause Starcave to violate rules or regulations applicable to Starcave.
We may, at our sole discretion, refuse to perform a Payment Agent Service transaction or alter the terms, at any time.
Cancellation of your payment order
You may cancel your payment order if we have not already processed it. You cannot cancel your payment order once the Funds have been debited and/or the payment order has been sent from our end.
Errors in your payment order
You must make sure that the information you provide when setting up a payment order is accurate. We cannot be held responsible for funds being sent to the wrong Beneficiary’s bank account as a result of you providing incorrect payment details. In the event when Starcave receives inaccurate payment information which is later rejected, you may be charged fees which we can deduct from your Funds.
In case of any incorrect or misdirected payment, we shall take reasonable measures to assist you with tracing and, if reasonably possible, recovering such payments, but we shall not be liable for any payments that cannot be recovered.
Additional fees and charges
In some circumstances, intermediaries (such as correspondent banks) may deduct a charge or fee. We will use our reasonable efforts to avoid these charges or to otherwise ensure that such charges are disclosed to you prior to our making the payment, however where such charges cannot be avoided or anticipated, you agree to be liable for such charges or fees. We will not under any circumstances be liable for any direct or indirect losses that results from intermediary, correspondent or receiving bank or any other third party fees or charges.
c) Receiving Payments via Starcave Collection Agent Service
Get your Starcave Credentials
The Collection Agent Service enables you to receive Funds from your payers. Under the Collection Agent Service, all Funds to be collected must relate to a payment for goods provided by you, and must be received from a third party.
Upon applying for Starcave Credentials, you will be provided with the information you need to receive funds through the Services. You will provide your Starcave Credentials to your payers from whom you intend to receive payments through the Services. For each Collection Agent Service transaction, you must individually confirm the details of such transaction before Starcave executes the transaction by releasing the Funds and updating the entries in your Starcave Account. Starcave may charge a Fee for Collection Agent Service transaction, and will provide you the details of such Fee (if applicable) before the transaction.
You agree that a payment received by Starcave from your payer constitutes a payment made directly to you and fully satisfies your payer’s obligation to you to the extent of the amount of the payment, and if Starcave does not transfer funds received from your payer to you, you will have recourse only against Starcave and not against your payer.
Reject incoming payment
The Services will only accept payment amounts in the currencies you set up in your Starcave Account. We reserve the right to reject partial or full payments at any time. Payments may be rejected for any reason, including but not limited to reasons relating to compliance with related regulations or Starcave’s compliance policies or if we note that the payment coming into the account is not from a third party but instead from one of your own named accounts. When rejecting a payment, Starcave will be under no obligation to disclose the reason for the rejection.
Notification of Funds arrival
The time it takes for inbound payments to reach Starcave is not in Starcave’s control. Starcave shall use commercially reasonable efforts to inform you of inbound payments of the Funds.
Claim Funds
You must provide Starcave with a copy of the trade contract or proforma invoice to claim the Funds, before you can request a settlement of the Funds to your User Bank Account. The Funds that are not paid out within the 90 days’ period, will be returned to the source of payment. Starcave reserves the right to charge a Fee for any returned payments and is not responsible for any losses incurred during the return process.
d) Foreign exchange services
Starcave offers foreign exchange services. Each foreign exchange transaction will be an individual contract between you and us. Funds held on your behalf can be converted into selected and available currencies for making a payment or withdrawal to your bank account respectively.
Execution process
Any order for foreign exchange transaction (either buy or sell) may only be made by you through your Starcave Account and we will confirm key details through an email, or a message through your Starcave Account on the purchase/sale currency amounts, the quoted exchange rate and any applicable fees or transmission costs. All offered terms have to be accepted by you through your Starcave Account, and you may only use the Funds available for use in your Starcave Account with respect to any foreign exchange transactions.
Exchange rates
We will let you know the exchange rate, when you request a currency conversion. The exchange rate applied to a particular transaction is effective only for the period of time stated in the instruction, and only for that transaction.
When we refer to an exchange rate in this Agreement, it means Starcave exchange rate which is derived from various sources and is relevant for the currency pair (for example, GBP to EUR, USD to AUD) selected at the time of requesting a conversion. We may change our reference rate provider(s) from time to time without notice to you.
Limitations
At all times, Starcave does not support foreign exchange transactions entered into for investment or speculative purposes such as trying to profit from fluctuations in foreign exchange rates and you must tell us if that is your intention. We may, without further notice to you, decline to deal with you and/or suspend access to or close your Starcave Account if we have reason to believe that you are using any foreign exchange transaction for investment or speculative purposes.
Starcave is not obliged to accept an instruction from you to perform a foreign exchange transaction and reserves the right to decline to enter into a specific foreign exchange transaction with you.
Accepting a quotation from us, does not automatically guarantee a conversion has been accepted by us. Only a confirmation email or message does.
Cancellation
Conversion requests once initiated and confirmed through your online Starcave Account cannot be cancelled if we have already sent you a confirmation email or message and have begun the process of conversion.
e) Settlement to your User Bank Account
Pre-Approval of your User Bank Account
In order to complete settlement of your Funds to your User Bank Account, you must log into your Starcave Account and request a Fund settlement. Before executing a settlement from your Starcave Account to your User Bank Account, we require you to provide the details of your User Bank Account. We may seek to ensure you are in good standing with the account-holding financial institution from time to time.
In order to receive Funds settlement, you must have a User Bank Account that has been pre-approved by Starcave. You must not request settlement to any bank account that has not been pre-approved.
Funds settlement
The Funds collected on your behalf shall be settled to your User Bank Account. Under your instructions and provided that you fulfil relevant requirements of Starcave, Starcave may allow the Funds to be settled to your User Bank Account, and for such purposes, any such settlement will be deemed payment to you and Starcave’s obligation to settle Funds to you extinguishes upon payment to your User Bank Account. Starcave has the right to accept or reject funds paying to certain settlement accounts. Starcave reserves the right to offset from any settlement to you any Funds owed to Starcave by you, including, but not limited to, all Fees payable under this agreement.
The Funds can be settled in different currencies, subject to availability. If you intend to settle in different currencies, you must select the currency before the Funds can be settled into your User Bank Account. Starcave cannot be used for foreign exchange after the settlement.
The Funds may be temporarily withheld in the event when Starcave or one of its Service Providers determines that settlement would violate applicable laws or place Starcave or our Service Providers in excessive security, financial, or reputational risk. We also reserve the right to withheld the Funds if there is a recall request from the payee bank for a dispute raised. In such circumstances, we will fully investigate and you agree to cooperate with us until we conclude such investigation. The Funds may also be forfeited or may be returned to the original remitting account of the payer as per the requirements of applicable laws.
You must ensure that your User Bank Account information is correct and accurate. We cannot be held responsible for the Funds being sent to the wrong bank account as a result of you providing incorrect payment details. In the event when Starcave receives inaccurate payment information which is later rejected, you may be charged fees which we can deduct from your Funds. In case of any incorrect or misdirected payment, we shall take reasonable measures to assist you with tracing and, if reasonably possible, recovering such payments, but we shall not be liable for any payments that cannot be recovered.
Starcave may rely on third party banking counterparts or on local Service Providers with whom we have payment arrangements and who are regulated in respective jurisdictions and comply with the local laws, in order to complete settlement.
The time it takes for settlement is not in Starcave’s control and it could take two to fifteen (2-15) Business Days. Starcave offers no guarantee on the time settlement takes.
We carry out verification checks, and these checks may increase the time it takes to process your payment order. We cannot be responsible for any delays as a result of carrying out those checks.
Starcave will initiate a settlement to your User Bank Account in the amount you selected, less any Fees that may be imposed by other Services Providers. Any fees charged by your bank are not the responsibility of Starcave. The Funds settled to your User Bank Account will not be returned to Starcave unless the settlement was in error or not completed.
f) Additional Services provided by Starcave from time to time
Based on the business needs of Starcave, we may develop and release additional services based on our existing services from time to time. Without detracting from your existing rights and interests, we will provide permissions for users with Starcave Accounts to access to additional services. You can learn more about the details of additional services through your Starcave Account or the official notifications we sent. You may find your rights and obligations of each additional service in each separate agreement related.
g) Accessing our Services
You may access information such as your registered user information, transaction history and other information related to such your use of the Services through logging into your Starcave Account.
We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Services without prior notice. You are responsible for making all arrangements necessary for you to have access to our Services.
The Starcave Services are provided “as is.” Starcave and its Service Providers hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Starcave nor its Service Providers, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you use our Services, or otherwise obtain content, at your own discretion and risk.
Please note Starcave relies on Service Providers to carry out the Services. You agree to avoid any direct communication with any Service Provider that is involved in supporting the Services. Any direct contact with a bank or other Service Provider regarding the Services may result in immediate termination of your use of the Services. You acknowledge that Service Providers do not have a relationship with you and owe no duty of care to you by reason of your use of Starcave Services. If you rely on any information provided by the Service Providers to Starcave, you do so at your own risk.
5.Termination/Suspension
a) Your right to terminate service:
You may terminate your Starcave Account with us at any time by giving us 30 days’ notice in writing. The termination notice must be sent to us from your official email address registered on records with us. Upon the effective date of termination:
· i) You will immediately cease all use of the Starcave Account and return any and all copies of any documentation, notes and other materials comprising or regarding the Starcave Account;
· ii) All of your payment obligations under this Agreement for using Services will immediately become due and payable;
· iii) We will promptly return any Funds of yours which we hold to your User Bank Account (it is your responsibility to keep your User Bank Account details up-to-date and accurate at all times); and
· iv) For the avoidance of doubt, termination by either party shall not affect any provisions previously entered into and shall not relieve either party of any outstanding obligations arising out of this Agreement. All provisions of this Agreement which by their nature should survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
b) Termination/suspension by Starcave:
We reserve the right to terminate your Starcave Account or any Services associated with it.
We may at any time suspend or terminate your Starcave Account or refuse to provide services to you without notice if:
· i) you breach any provision of this Agreement or documents referred to in this Agreement;
· ii) we have reason to believe you are in violation of any applicable law or regulation;
· iii) we are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency;
· iv)Starcave may, at its own reasonable discretion,identify that:
A. Providing services to you may result in Starcave potentially violating applicable laws, regulations, and regulatory requirements,or could lead to economic sanctions against Starcave,or could lead to losses incurred by Starcave;
B. Your Starcave account may be subject to unauthorized operations or overstepping of authority;
C· Other circumstances or facts that Starcave believes may affect or have already affected your continued use of Starcave services;
· v) we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal and/or illegal activity;
· vi) we believe that your Starcave Account has been compromised or for other security reasons; or we suspect your Starcave Account has been used or is being used without your authorisation or fraudulently.
If any of the above situations occur, in addition to suspending, refusing to provide services to, or terminating your Starcave account, Starcave reserves the right to immediately take one or more of the following emergency measures, including but not limited to:
i) freezing the balance in your Starcave account;
ii) stopping providing you with any services;
iii) if the payment made by the payer has been credited to your account, Starcave reserves the right to decide to return the transaction amount at its own discretion. If the relevant transaction amount has been exchanged, (unless Starcave agrees to handle it otherwise) Starcave can reverse the exchanged amount back to the initial source currency and return it to the original outgoing account of the payer, subject to the exchange rate difference and related bank fees and/or Starcave’s corresponding service fee (if any) arising from the settlement funds being exchanged twice, which should be borne by you;
iv) if you have any outstanding payment obligations with Starcave in any form, Starcave reserves the right to deduct the amount from any of your account balances;
v) other appropriate measures as determined by Starcave at its discretion.
It is strictly forbidden to use the Starcave Services for any illegal purposes including, but not limited to, fraud, bribery, money laundering sale of counterfeit goods or terrorism financing. You are prohibited from using the Starcave Services in any attempt to abuse, exploit, or circumvent any law or regulation.
c）Your declaration and undertaking
You declare that:
you are an independent corporation (or equivalent legal entity) duly organized, validly existing and in good standing under the laws of jurisdiction of incorporation;
you have all licenses, regulatory approvals, permits and powers legally required to conduct your business in each jurisdiction in which you carry on business;
you have the corporate power, authority and legal right to execute and perform this Agreement and to carry out the transactions and its obligations contemplated hereby; and
You do not violate any laws applicable to you, including without limitation those governing payments, anti-money laundering, economic sanctions, export controls, data protection, intellectual property, gambling, false advertising, illegal sale or purchase or exchange of any goods or services, export or import, taxation, and foreign currency exchange.
Further declaration about Compliance with Sanctions Regulations:You understand that Starcave will comply with all applicable sanction laws and regulations (“Sanctions Regulations”) enforced by various jurisdiction which shall include the People’s Republic of China, the Hong Kong SAR of the People’s Republic of China, the United States of America, the United Nations, the European Union and the United Kingdom. No Starcave Service shall be provided to any individual or entity which (a) prescribed as sanctioned; (b) subject to any sanctions; (c) violates any Sanctions Regulations; or (d) violates the internal compliance and risk management policies of Starcave. You shall strictly comply and be bound by the Sanctions Regulations and policies of Starcave and shall not use any Starcave Service to engage in any activity which violates or tends to violate the Sanctions Regulations, which shall include using Starcave Services to process Funds originating from or shipping to any persons, countries, organizations or other entities or related to activities or purposes prescribed as sanctioned or may be subject to any sanctions.
You must be in good standing with Starcave in order to use Starcave Services.
If you breach this declaration and undertaking, Starcave may suspend and/or terminate services to you and take reasonable measures to freeze, restrict and/or terminate your Starcave account, refuse to provide services to you, and return transaction funds to the original remitting account of the payer in accordance with applicable laws and requirements under relevant authorities, provided that Starcave shall send you a written notice stating the reason and how we dispose your Starcave account, and provide you the way to appeal.
6.Fees and Account Statement
Starcave discloses the prices for the Services it offers and informs you via your Starcave Account. The Fees charged for the Services may be modified from time to time at Starcave’s discretion. The Service may also offer promotions in the form of refunds, discounted fees, or bonuses. If you have any questions or are unclear as to any Fees, you should contact Starcave customer support.
The applicable Fees will be deducted from and reflected in your Starcave Account. Starcave will provide a statement for the Fees charged from time to time.
You have the right to receive an account statement showing your Starcave Account activity. You may view your account statement by logging into your Starcave Account anytime. All of your transactions (including your balance, and money you have received, converted, sent and/or withdrawn), including related Fees and exchange rates, if applicable, are recorded in the statement of your Starcave Account.
7. Reversals
If you receive a payment that is later refunded or invalidated for any reason, you are liable to Starcave for the full amount of the payment sent to you plus any Fees. Whenever a transaction is reversed, Starcave will refund or reverse the transaction from your Starcave Account in the same currency as the original transaction. If the relevant transaction amount has been exchanged, (unless Starcave agrees to handle it otherwise) Starcave can reverse the exchanged amount back to the initial source currency and return it to the original outgoing account of the payer, subject to the exchange rate difference and related bank fees and/or Starcave’s corresponding service fee (if any) arising from the settlement funds being exchanged twice, which should be borne by you.
Payments to you may be invalidated and reversed by Starcave if:
· Our investigation of a bank reversal finds that the transaction was fraudulent;
· The payment was made to you in error;
· The payment was unauthorized;
· You received the payment for activities that violated this Agreement, or any other agreement between you and Starcave.or according to Starcave’s reasonably determine that your transaction could result in economic sanctions against Starcave or may lead to financial losses for Starcave
8.Incentive (Promotion) program
From time-to-time Starcave will run promotional programs at our sole and absolute discretion. All such programs would have their own terms and conditions pertaining to the respective program and will be notified to you as the customer via our Website and/or any other mode of communication from us.
Starcave reserves the right to discontinue and remove access to the referral program or to refuse a reward if we suspect violation of terms or any activity we determine as abusive. We also reserve the right to modify the incentive program at any time.
9. Communications and Complaints
We will contact you using the contact details you provided in your Starcave Account profile – please keep these up to date. By using our Services, you agree to receive electronic communications from us.
Any communications or notices sent by email will be deemed received by you on the same day, if it is received in your email inbox before 5pm on a Business Day, or otherwise, it will be deemed received on the next Business Day.
You may contact us via email, mail or telephone by using the details specified in the “Contact” section or the “About Us” section in our Website.
If you have any complaints about us or our Services, you may contact us in the first instance by sending an email.
We will do our best to address complaints submitted in a timely manner.
10.Limitation of Liabilities
To the fullest extent permitted by applicable law, under no circumstances will Starcave be liable under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, indirect, incidental, special, consequential, exemplary, or punitive damages, each of which is excluded by agreement of Starcave and you regardless of whether such damages were foreseeable or whether Starcave or any entity has been advised of the possibility of such damages. Notwithstanding anything in this agreement to the contrary, Starcave’s cumulative liability, including for claims, expenses, damages or indemnity obligations under or in connection with its obligations under these terms and conditions, will not exceed the total fees payable by you to Starcave for the services, where such services are provided in the twelve (12) full months preceding the date of the event giving rise to the claim upon which liability is based. In no event shall Starcave, its agents, representatives, directors, officers, or employees be liable for any act or omission resulting from circumstance beyond their reasonable control.
Nothing in this Agreement excludes either party’s liability for any loss to the extent it is caused by fraud, dishonesty or deceit, death or personal injury caused by a party’s negligence or the negligence of its employees or agents or any other liability that cannot be excluded by law.
a) IT and infrastructure
We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programs, data or other proprietary material related to your use of our Services.
We have no control over websites linked to and from our Website and so we assume no responsibility for their content or any loss or damage that may arise from your use of them.
b) Error resolution and unauthorized transactions
If you believe there to be an error in connection with a transaction or other problem, then you should notify Starcave via email or phone published on our Website as soon as possible. We will accordingly investigate and determine whether an error occurred within 90 days after you contact us.
In case of an unauthorised settlement or mistake due to our error, we shall at your request refund the amount including all Fees deducted by us. This shall not apply:
· i) if you do not notify us promptly of any security issues on your Starcave Account (e.g. loss of your password), via email or phone, which is published on our Website;
· ii) if the transaction was unauthorised but you have compromised the security of your Starcave Account with intent or gross negligence, or the unauthorised settlement arises from your failure to keep the personalized security features of your Starcave Account safe, in which cases you shall be solely liable for all losses, except as otherwise required by applicable laws/regulations in respective jurisdictions.
· iii) if you don’t let us know about the unauthorised or incorrectly completed transaction within 6 months from the date when you sent your settlement request.
Sub-clause (i) above shall not apply to settlement requests made after you have notified us via email or phone, in which case we shall remain liable and compensate any unauthorised transaction to you.
In addition, we rely on you to regularly check the transactions history of your Starcave Account and to contact customer support immediately in case you have any questions or concerns.
In case of any incorrect or misdirected settlement, we will use commercially reasonable efforts to help you with tracing and recovering such settlement. We (and our Service Providers) cannot be liable for our inability to deliver or delay as a result of things which are outside our control.
In the unlikely event of loss or claims or costs and expenses arising out of your breach of this Agreement, any applicable law or regulation and/or your use of our Services, you agree to fully compensate us and our Service Providers and hold us harmless. This provision will continue after our relationship ends.
For error resolution in your payment order when you make payments via Starcave Payment Agent Service, please refer to Clause 5(b) above.
c) Partner related
Starcave will not be liable for the loss or damage caused by any third party Service Providers.
11.Indemnification
You agree to fully indemnify and hold harmless Starcave and its Service Providers 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 Starcave Services, including but not limited to your violation of this Agreement.
12.Privacy
Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience.
We, and our Service Providers, automatically collect your information about your use of our Website and our online Services through cookies, web beacons, and other technologies.
We may collect and store any information you provide us when you use our Services, including when you add information on a web form, add or update your account information, participate in dispute resolutions, or when you otherwise correspond with us regarding our Services.
We may share your information with third parties, including our Service Providers, regulated institutions (e.g., financial institutions), and partners after obtaining your consent at account opening.
Please refer to Privacyand Security Policy for details.
13. Intellectual Property Rights
While you are using our Services, you may use Starcave Materials only for your business use and solely as necessary in relation to those Services.
“Starcave Materials” include any software (including without limitation developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you for download from our Website. You may not, and may not attempt to, directly or indirectly:
· transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Services or the Starcave Materials to any person or entity;
· remove, obscure, or alter any notice of any of our trade marks, or other intellectual property appearing on or contained within the Services or on any Starcave Materials;
· modify, copy, tamper with or otherwise create derivative works of any software included in the Starcave Materials; or
· reverse engineer, disassemble, or decompile the Starcave Materials or the Services or apply any other process or procedure to derive the source code of any software included in the Starcave Materials or as part of the Services.
14.Changes and Modification
(a) Except as provided in sub-clause (c) below, we may change this Agreement by giving you 30 days’ prior written notice via your registered email and published on our Website. If we do this, you can terminate this Agreement immediately by providing written notice to us during the notice period. If we do not hear from you during the notice period, you will be considered as having accepted the proposed changes and they will apply to you from the date the change(s) comes into effect.
(b) If you disagree with our changes, then you should not continue using the Starcave Services after the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the terms and conditions that were in place when the dispute arose.
(c) Changes to this Agreement which are (1) more favorable to you; (2) is required by law; or (3) relates to the addition of a new service or extra functionality to the existing Services; or (4) any other change which neither reduces your rights nor increase your responsibilities, will come into effect immediately if they are stated in the change notice.
15. Parties; Entire Agreement; Severability
This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
This Agreement constitutes the entire agreement between you and Starcave, and supersedes all previous agreements, promises, arrangements and understandings between us relating to its subject matter.
Each provision in this Agreement operates separately. If any court or other authority of competent jurisdiction decides that any of them are invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions of this Agreement, all of which will remain in full force and effect.
16.Authorization and warranty
You must be an individual and at least 18 years old to use our Services. You represent and warrant your use of Starcave service shall be in accordance with the declaration and undertaking.
You must have authority to bind your Business. You must confirm that you in fact have authority to bind the Business on whose behalf you use our Services, and the Business accepts the terms of this Agreement, User Agreement, Private and Security Policy and/or other Agreement in connection with Starcave services. We may ask you at any time to provide proof of such authority. If you do not provide proof of authority that is acceptable to us, we may freeze, restrict and/or suspend your Starcave account or terminate our services to you.
You may appoint an “Authorised Representative” (e.g., your director, officer, employee or professional advisor) to access the Services. You must provide Starcave with relevant documents requested by Starcave to evidence that such Authorised Representative has been legally authorised by you to enter into this Agreement on your behalf under applicable law (e.g. an authorisation letter). You must ensure that your Authorised Representative is 18 years or older, and Starcave may request for evidence of your Authorised Representative’s age.
You agree that, your Authorised Representative has the authority to provide instructions to us for the provision of the Services on your behalf, we may rely on instructions given by the Authorised Representative, and you will be bound by his/her actions, until you provide us with written notice withdrawing or otherwise varying the authority of an Authorised Representative, and we may refuse your Authorised Representative’s access to Services if we are concerned about unauthorised or fraudulent access.
17.Online Agreement
This Agreement is made available to you online via our Website when you register for the Services. By clicking the button “I Confirm” or similar button, registering, accessing or using the Services (collectively, “Indicated Consent”), you enter into a legally binding agreement with Starcave and you agree to accept the terms set out in this Agreement. In the event that after having given your Indicated Consent, you and Starcave agree to execute a physical paper form of this Agreement, the physical paper form of this Agreement will also be valid, and be retroactively effective as of the date when you first give your Indicated Consent. In the unlikely event that there is inconsistency between the online version and physical form of this Agreement, the online version will prevail.