Privacy Policy

The following Privacy Policy applies to our data collection and use practices relating to your use of Starks Associates financial services, our website and our other products and services (collectively, “Starks Services”). As a Starks client, service user or visitor, you agree to this Privacy Policy and any further modifications made to this Privacy Policy. The terms “Starks”, “we”, “our”, or “us” refer to Starks Associates Limited or the Starks entity responsible for the collection and use of personal data under this Privacy Policy. It may vary depending on your country.

Starks may enter into written product or service agreements with business customers that contain specific provisions related to the confidentiality, security or other handling of information. if any provisions of a written product or service agreement differ from or conflict with the provisions outlined in this Privacy Policy, the terms of the written agreement will apply. Otherwise, the terms of this Policy apply.

The Privacy Policy applies solely to information collected by this website and its related services, and will notify you of the following:

Information Collection, Use and Sharing: This outlines what personal and non-personal information is collected from you through the website, how it is used and with whom it may be shared.
Cookies and Your Control Over Them: This explains the use of cookies on the website and how you can control them.
Your Control Over Your Data: This describes choices available to you regarding the use of your data.
Your Access to Your Data: This outlines how you may access your data.
Securing Your Data: This provides information on security measures in place to prevent the misuse of your information.
Contacting Us: This explains you can contact us regarding any inaccuracies in the information.

“Personal Data” means any information that relates to an identified or identifiable individual, and can include information about how you engage with our Services (e.g., device information, IP address).

“Services” means the products and services that Starks indicates are covered by this Policy, which may include Starks-provided devices and applications. Our “Business Services” are Services provided by Starks to entities (“Business Users”) who directly and indirectly provide us with “End Customer” Personal Data in connection with those Business Users’ own business and activities. Our “End User Services” are those Services which Starks directs to individuals (rather than entities) so that those individuals do business directly with Starks. “Sites” means Starkassociates.com and the other websites that Starks indicates are covered by this Policy. Collectively, we refer to Sites, Business Services and End User Services as “Services”.

Depending on the activity, Starks acts as a “data controller” or “data processor” and for more information about this and on the Starks entity that is responsible under this Policy, see our terms and conditions.

This privacy policy will provide information on the following:

Personal data that we collect and how we use and share it
More ways we collect, use and share personal data
Legal basis for processing data
Your rights and choices
Security and retention
International data transfers
Updates and notifications
Jurisdiction-specific provisions
Contact us
PERSONAL DATA THAT WE COLLECT AND HOW WE USE AND SHARE IT

We provide User Services where we do not act as a service provider to Businesses but instead provide the Services directly to you (“an individual”) for your personal use.

Personal data that we collect about End Users

If you choose to share bank account information with us, Starks will periodically collect and process your bank account information until you ask us to discard all information regarding your account.
Other Services. We may offer other End User Services directly to you from time to time, including certain financial Services.
More. Please see below for information regarding additional types of Personal Data that we may collect, including information about online activity.

How we use and share personal data of End Users

Services. We use your Personal Data to provide the End User Service to you, including security, delivery, support, personalization and messages related to the End User Service (for example , communicating Policy updates and information about our Services). We also use your Personal Data for our fraud detection and mitigation Business Services and may share certain Personal Data as part of those Business Services with Business Users that you may seek to do business with. The use of this Personal Data is subject to the Business Users’ privacy policies.
Transactions. For payment transactions, End User Personal Data is shared with others to enable the transaction. For example, when you choose to use a payment method for the transaction with Starks, that payment method will receive transaction information that includes your Personal Data. Please review your payment method’s privacy policy to learn more.
Fraud Detection Services. We may use your Personal Data collected across our Services including to detect unauthorized log-ins and monitor your online activity. We may provide Business Users, card issuers and others involved in payment processing activities, with access to Personal Data about you, including information about your attempted transactions, as part of our fraud Business Services. This allows them to assess the associated fraud risk with a transaction.
Advertising. We may use your Personal Data to assess your eligibility for and offer you other End User Services. With your permission or where allowed by law, we use and share End User Personal Data with others so that we may market our products and services to you, including through interest-based advertising where allowed by applicable law, (subject to any consent requirements).

See our Cookie Policy. We do not share End User Personal Data with third parties for their marketing or advertising unless you give us or the third-party permission to do so. We do not sell the data of End Users.

More. Please see below for information about additional ways in which we may use and share your Personal Data.

Personal data that we collect about Business Users

Starks offers Business Services to our Business Users. When we are acting as a Business User’s financial service provider, we will process Personal Data in accordance with the terms of our agreement with the Business User and the Business User’s lawful instructions. Business Users are responsible for making sure that their End Customer’s legal and privacy rights are respected, including ensuring appropriate disclosures about data collection and use that occurs in connection with their services.

Personal data that we collect about Business Users

Transaction Data. If you are a Business User, we must collect transaction data. The “Transaction Data” that we collect includes Personal Data, and may include the following: your name, email address, payment method information (such as credit or debit card number, bank account information or payment card image selected by you), merchant and location, purchase amount, date of purchase, and in some cases, some information about products or services you have purchased and your phone number. We may also receive your transaction history.
Identity/Verification Information. Starks provides a verification and fraud Service that allows us to verify Personal Data about you. You will be asked to share personal data and we will collect the information that you provide for this purpose, including personal data you input. We may compare this information with information about you we collect from financial partners, business partners, identity verification services, publicly available sources, and third-party service providers.
More. Please see below for information about additional types of Personal Data that we may collect, including about online activity.

How we use and share personal data of Business Users

We generally use and share Personal Data of End Customers with Business Users to provide Business Services as described below, as well as for Starks’ Own purposes to secure, improve and provide our Business Services, as described below.

Payments. We use your Transaction Data to provide our Payments related Business Services to Business Users, including to calculate applicable sales tax, to invoice and bill, and revenue calculation. We may also use Personal Data to provide and improve our Business Services.
For payment transactions, your Personal Data may be shared with a number of parties in connection with your transaction. As we act as a service provider, we share Personal Data to facilitate the transaction.
Identity/Verification Services. We use Personal Data including information provided by you and our service providers, to perform verification Services for Starks or for the Business Users that you are conducting business with and to reduce fraud and enhance security. If you provide a “selfie” along with an image of your identity document, we will use technology to compare and calculate whether they match and allow for verification. .
Fraud Detection Services. We use your Personal Data collected across our Services to detect and prevent fraud against us, our Business Users and financial partners. In some cases, we may provide Personal Data about you,including your attempted transactions, to legal authorities who have requested our fraud business services, so that they can evaluate the associated fraud risk with a transaction.

Personal data that we collect about Visitors

Visitors refer to individuals who visit Starks sites but are not Individual or business users. When you visit our Site, we generally receive your Personal Data either by you providing it to us directly,or through our use of cookies and similar technologies.

Forms. If you choose to fill in a form on the Site or on third party websites featuring our advertising (such as , LinkedIn or Facebook), we will collect the information included in the form, which usually consist of your contact information and other information about your question related to our Services.
More. Please see below for information about additional types of Personal Data that we may collect, including about online activity.

How we use and share visitor personal data

Personalization. We utilize information about you that we gather from cookies and similar technologies to measure engagement with the content on the Sites, to improve relevancy and navigation, personalize your experience and tailor content about Starks and our Services to you.
Advertising. With your permission or where allowed by law, we use and share Visitor Personal Data with others so that we may advertise and market our products and services to you. This includes interest-based advertising, where permitted by applicable law,subject to any consent requirements.
More. Please see below for information about additional ways in which we may use your Personal Data.
MORE WAYS WE COLLECT, USE AND SHARE PERSONAL DATA

In addition to the ways we collect, use and share Personal Data that are described above, we also process your Personal Data as follows.

Personal Data Collection

Online Activity. Depending on the Service you use and the Business Users’ implementation of our Business Services, we will collect information about:

Devices and browsers across our Sites and third-party websites, apps and other online services (“Third-Party Sites”)
Usage data associated with those devices and browsers, including IP address, plug-ins, language used, time spent on Sites and Third-Party Sites, pages visited, links clicked, and the pages that led or referred you to Sites and Third-Party Sites. For example, activity indicators, like mouse activity indicators, help us detect fraud. Please also refer to our cookie policy for more information.

Communication and Engagement Information. We will collect any information you choose to provide to us, such as , through support tickets, emails or social media. When you respond to Starks emails or surveys, we collect your email address, name and any other information you choose to include in the body of your email or responses. If you contact us by phone, we will collect the phone number you use to call Starks, as well as other information you may provide during the call. Additionally, we will also collect your engagement data, including your registration for, attendance of, or viewing of Starks events and any other interaction with Starks personnel.

Forums and Discussion Groups. If our Sites allow you to post content, we collect Personal Data that you provide in connection with the post.

Personal Data Usage.

In addition to the ways described above in which we use Personal Data, we use Personal Data in the following ways:

Improving and Developing our Services. We use analytics on our Sites to analyze your use of our Sites and Services and diagnose technical issues. To learn more about the cookies that may be served through our Sites and how you can control our use of cookies and third-party analytics, please see our Cookie Policy. We also collect and process Personal Data through our different Services, whether you are a client or Visitor, to improve our Services, develop new Services and support our efforts to make our Services more relevant and useful to you.
Communications. We will use the contact information we have about you to perform our Services. If you are a client or Visitor, we may communicate with you using the contact information we have about you (e.g., email, phone, text message or videoconference) to provide information about our Services and our affiliates’ services, invite you to participate in our events or surveys, or otherwise communicate with you for our marketing purposes, provided that we do so in accordance with applicable law, including any consent or opt-out requirements. For example, when you submit your contact information to us or when we collect your business contact details through our participation at trade shows or other events, we may use the information to follow-up with you regarding an event, send you information that you have requested on our products and services and include you on our marketing information campaigns.
Social Media and Promotions. If you choose to submit Personal Data to us to participate in an offer, program or promotion, we will use the Personal Data you submit to administer the offer, program or promotion. With your permission or in accordance with your opt-out preference, we may also use that Personal Data and Personal Data you make available on social media to market to you.
Fraud Prevention and Security. We collect and use Personal Data to help us to detect and manage the activity of fraudulent and other bad actors across our Services, to enable our fraud detection Business Services, and to otherwise seek to secure our Services and transactions against unauthorized access, use, modification or misappropriation of Personal Data, information and funds. In connection with fraud and security monitoring, prevention, detection, and compliance activities for Starks and its Business Users, we receive information from service providers (including credit bureaus), third parties, and the Services we provide. We may collect information from you, and about you, from financial parties and in some cases third parties. For example, to protect our Services, we may receive information from third parties about IP addresses that malicious actors have compromised. This Personal Data (such as , name, address, phone number, country) helps us to confirm identities, run credit checks subject to applicable law and prevent fraud. We may also use technology to assess the fraud risk associated with an attempted transaction with a financial partner.
Compliance with Legal Obligations. We use Personal Data to meet our contractual and legal obligations related to anti-money laundering, Know-Your-Customer ("KYC") laws, anti-terrorism, export control and prohibitions on doing business with restricted persons or in certain business areas, and other legal obligations. We strive to make our Services safe, secure and compliant, and the collection and use of Personal Data is critical to this effort. For example, we may monitor patterns of payment transactions and other online signals and use those insights to reduce the risk of fraud, money laundering and other activity that is harmful to Starks and our users.
Minors. The Services are not directed to minors, including children under the age of 13, and we request that they do not provide Personal Data through the Services. In some countries, we may impose higher age limits as required by applicable law. We do not sell any Personal Data of Clients, Representatives, Visitors or End Users, including those aged between 13 to 16.

Personal Data Sharing.

In addition to the ways described above, we share Personal Data in the following ways:

Starks Affiliates. We share Personal Data with other Starks affiliated entities. When we share with these entities, it is for purposes identified in this Policy.
Service Providers or Processors. In order to provide Services to our Business Users and End Users and to communicate, market and advertise to Visitors, Representatives and End Users regarding our Services, we rely on others to provide us services. Service providers (provide a variety of critical services, such as hosting (storing and delivering), analytics to assess the speed, accuracy and/or security of our Services, identity verification, customer service, email and auditing. We authorize such service providers to use or disclose the Personal Data of our Users that we make available to perform services on our behalf and to comply with applicable legal requirements. We require such service providers to contractually commit to protecting the security and confidentiality of Personal Data they process on our behalf. Our service providers are predominantly located in the Federal Republic of Nigeria.
Financial Partners. “Financial Partners” are financial institutions that we partner with to offer the Services (including payment method acquirers, banks and payout providers). We share Personal Data of our Users with certain Financial Partners to provide the Services to the associated Business Users and to offer certain Services in partnership with our Financial Partners.
Others with Consent. In certain cases, we may not provide a service directly to you, but instead, we may refer you to other service providers, or enable you to engage with them. . In such situation , we will inform you about e the third party's identity and the specific information that we will share with them, y and ask for your explicit consent before sharing any information.
Corporate Transactions. In the event that we enter into, or intend to enter into, a transaction that alters or modifies the structure of our business, such as a reorganization, merger, sale, joint venture, assignment, transfer, change of control, or other disposition of all or any portion of our business, assets or stock, we may share Personal Data with third parties in connection with such transaction. If another entity acquires us or part of our business, that entity will have the right to use your Personal Data, but subject to the terms of this Policy.

Compliance and Harm Prevention. We share Personal Data as we believe necessary to:

(i) comply with applicable law,

(ii) comply with rules imposed by payment methods in connection with their use (e.g. network rules for Visa);

(iii) tenforce our contractual rights;

(iv) secure or protect the Services, rights, privacy, safety and property of Starks, you or others, including against other malicious or fraudulent activity and security incidents; and

(v) respond to valid legal process requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence.

LEGAL BASIS FOR PROCESSING DATA

For the purposes of the General Data Protection Regulation, we rely upon a number of legal bases to enable our processing of your Personal Data. For more information see here.

a. Contractual and Pre-Contractual Business Relationships. We process Personal Data to enter into business relationships with prospective Business Users and End Users and to perform the respective contractual obligations that we have with these Users. Activities include:

Creating and managing of Starks accounts and Starks account credentials, including the evaluating of applications to commence or expand the use of our Services;
Creating and managing of Starks Checkout accounts;
Accounting, auditing, and billing activities; and
Processing of payments, including fraud detection and prevention, optimizing valid transactions, communicating with users about payments, and providing related customer service.

b. Legal Compliance. We process Personal Data to verify the identity of our Users as part of our legal compliance obligations, which may include fraud monitoring, prevention and detection obligations, laws associated with the identification and reporting of illegal and illicit activity. These obligations may include , "Anti-Money Laundering ("AML") and Know-Your-Customer ("KYC")" obligations, as well as financial reporting obligations. For example, we may be required to record and verify a User’s identity for the purpose of compliance with legislation intended to prevent money laundering and financial crimes. These obligations are imposed on us by law, industry standards, and by our financial partners, and may require us to report our compliance to third parties, and to submit to third party verification audits.

c. Legitimate Business Interests. Where allowed under applicable law, we rely on our legitimate business interests to process Personal Data about you. The following list sets out the business purposes for which we have a legitimate interest in processing your data:

Detect, monitor and prevent fraud and unauthorized payment transactions;
Mitigate financial loss, claims, liabilities or other harm to End Customers, End Users, Business Users and Starks;
Determine eligibility for and offer new Starks products and services;
Respond to enquiries, send Service notices and provide customer support;
Promote, analyze, modify and improve our Services, systems, and tools, and develop new products and services, including reliability of the Services;
Manage, operate and improve the performance of our Sites and Services by understanding their effectiveness and optimizing our digital assets;
Analyze and advertise our Services;
Conduct aggregate analysis and develop business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of, our business;
Share Personal Data with third party service providers that provide services on our behalf and business partners which help us operate and improve our business;
Enable network and information security throughout Starks and our Services; and
Share Personal Data with our affiliates

d. Consent. We may rely on consent to collect and process Personal Data as it relates to how we communicate with you and for the provision of our Services. When we process data based on your consent, you have the right to withdraw your consent at any time without affecting the lawfulness of processing based on such consent before the consent is withdrawn.

YOUR RIGHTS AND CHOICES

You may have choices regarding our collection, use and disclosure of your Personal Data:

a. Opting out of receiving electronic communications from us

If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails or by following the instructions provided here. We will make every effort to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, our Business Users may still send you messages and direct us to send you messages on their behalf.

b. Your data protection rights

Depending on your location, and subject to applicable law, you may have the following rights described here with regard to the Personal Data we control about you:

The right to request confirmation of whether Starks processes Personal Data relating to you, and if so, to request a copy of that Personal Data;
The right to request that Starks rectifies or updates your Personal Data that is inaccurate, incomplete or outdated;
The right to request that Starks erase your Personal Data in certain circumstances provided by law. The right to request that Starks restrict the use of your Personal Data in certain circumstances, such as while Starks considers another request that you have submitted (including a request that Starks make an update to your Personal Data);
The right to request that we export your Personal Data that we hold to another company, where technically feasible;
Where the processing of your Personal Data is based on your previously given consent, you have the right to withdraw your consent at any time; and/or
Where we process your information based on our legitimate interests, you may also have the right to object to the processing of your Personal Data. Unless we have compelling legitimate grounds or where it is needed for legal reasons, we will cease processing your information if you object.

c. Process for exercising your data protection rights

To exercise your data protection rights please also see the Starks Privacy Center or contact us as described below.

SECURITY AND RETENTION

We make reasonable efforts to provide a level of security appropriate to the risk associated with the processing of your Personal Data. We maintain organizational, technical and administrative measures designed to protect Personal Data covered by this Policy against unauthorized access, destruction, loss, alteration or misuse. Personal Data is only accessed by a limited number of personnel who need access to the information to perform their duties. However , no data transmission or storage system can be guaranteed to be 100% secure.

To help us protect personal data, we encourage you to use a strong password and never share your password with anyone or reuse the same password with other sites or accounts. If you suspect that your interaction with us is no longer secure (for example . you feel that the security of your account has been compromised), please contact us immediately.

We retain your Personal Data as long as we are providing the Services to you or our Business Users (as applicable) or for a period during which we reasonably anticipate providing the Services. Even after we stop providing Services directly to you or a Business User with whom you are transacting , and even if you close your Starks account or complete a transaction with a Business User, we retain your Personal Data in order to comply with our legal and regulatory obligations. We may also retain it to monitor, detect, and prevent fraud. Additionally,we keep Personal Data to fulfil our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments to our financial partners, and where data retention is mandated by the payment methods you used. In cases where we keep Personal Data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.

INTERNATIONAL DATA TRANSFERS

We are a global business. Personal Data may be stored and processed in any country where we conduct business, where our service providers operate or where you use an international payment method or financial partner service. We may transfer your Personal Data to countries other than yours , including to the Federal Republic of Nigeria. These countries may have data protection rules that are different from your country. When transferring data across borders, we take measures to comply with applicable data protection laws related to such transfer. In certain situations, we may be required to disclose Personal Data in response to lawful requests from Officials (such as law enforcement or security authorities).

UPDATES AND NOTIFICATIONS

We may change this Policy from time to time to reflect new services, changes in our privacy practices or relevant laws. The “Last updated” legend at the top of this Policy indicates when it was last revised. Any changes will be effective when we post the revised Policy on the Services.

We may provide you with disclosures and alerts regarding the Policy or Personal Data collected by posting them on our website and, if you are an End User or Business User, by contacting you through your Starks Dashboard, email address and/or the physical address listed in your Starks account.

If applicable law requires us to provide notice in a specified manner prior to making any changes to this Policy applicable to you, we will provide such required notice.

CONTACT US

If you have any questions or complaints about this Policy, please contact us at support@starksassociate.com

Please read carefully the provisions of these Terms of Use (the “Agreement” or “Terms of Use”). It is a legal agreement between you and Starks Associate, Ltd. (“Starks Associate”, “we”, or “us”) regarding the use of our online and/or mobile services, website, and software provided by us (collectively known as the “Starks Associate Service”). By accessing or using the Starks Associate Service, you agree that you have read, understood, and agree to be bound by these Terms of Use, whether or not you are a registered user of the Starks Associate Service.

We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required or given for non-substantive changes to the Agreement. If we substantively amend This Agreement, we will give you at least seven (7) days’ notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Starks Associate Service after any such change takes effect constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, your only remedy shall be to not use or access (or continue to access) the Starks Associate Service. This Agreement applies to all visitors, users, and others who access the Starks Associate Service (“Users”).

USE OF OUR SERVICE

ELIGIBILITY

You may use the Starks Associate Service only if you can form a binding contract with Starks Associate, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are under 18 of age, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Starks Associate Service. Any use or access to the Starks Associate Service by anyone under 13 is prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Starks Associate Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. Starks Associate reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.

STARKS ASSOCIATE ACCOUNT

You must create an account in order to gain access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. You may not use another User’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Starks Associate immediately of any breach of security or unauthorised use of your account. Starks Associate will not be liable for any losses caused by any unauthorised use of your account.

The Starks Associate Service is available through the Google Sign-In service, which requires an active Google account. By accessing the Starks Associates Service through Google Sign-In you represent and warrant that you have read and agreed to be bound by all applicable Google policies and will act in accordance with those policies, in addition to your obligations under this Agreement. If you access the Starks Associate Service through Google Sign in, Starks Associate may require that your Starks Associate user ID be the same as your username for Google.

If you sign into Starks Associate through Google Sign in, you will provide your Google account credentials to Starks Associate, and you are consenting to have the information in that account transmitted into your Starks Associate account, and you agree that you shall only use Google accounts owned by you, and not by any other person or entity. By providing Starks Associate your email address, you consent to us using that email address to send you Starks Associate Service-related notices, including any notices required by law, in lieu of communication by snail mail. We may also use your email address to send you other messages, such as changes to features of the Starks Associate Service and special offers. If you do not want to receive such email messages, you may opt out by sending us a request at [email protected]. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Please note that if you do not want to receive legal notices from us, including without limitation a notice that this Agreement has changed, those legal notices will still govern your use of the Starks Associate Service. We will post legal notices to the Starks Associate Service, and you are responsible for reviewing such legal notices for changes. Please see our Privacy Policy for more details.

SERVICE RULES

You agree not to engage in any of the following prohibited activities in connection with the Starks Associate Service:

copying, distributing, or disclosing any part of the Starks Associate Service in any medium, including without limitation by any automated or non-automated “scraping”;
using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Starks Associate Service in a manner that sends more request messages to the Starks Associate servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
transmitting spam, chain letters, or other unsolicited email; iv. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Starks Associate Service; v. taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Starks Associate Service;
taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
uploading invalid data, viruses, worms, or other Application agents through the Starks Associate Service;
collecting or harvesting any personally identifiable information, including account names, from the Starks Associate Service;
using the Starks Associate Service for any commercial purposes;
impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
interfering with the proper working of the Starks Associate Service;
accessing any content on the Starks Associate Service through any technology or means other than those provided or authorised by the Starks Associate Service;
bypassing the measures, we may use to prevent or restrict access to the Starks Associate Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Starks Associate Service or the content therein, or
decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Starks Associate Service.

You may not access or use the Starks Associate Service if you work with or for a competitor, except with Starks Associate’s prior written consent.

In addition, you may not use or access the Starks Associate Service for purposes of monitoring the performance or functionality for a competitor or for any third party, or for any other benchmarking or competitive purposes and you may not share any benchmarking data regarding the Starks Associate Service usage with any third party without Starks Associate’s prior written consent. We may, without prior notice, change the Starks Associate Service, stop providing the Starks Associate Service or features of the Starks Associate Service (to you or generally), or create usage limits for the Starks Associate Service. You agree that Starks Associate has no responsibility or liability for the deletion or failure to store any documents, data or other content maintained or uploaded by you to the Starks Associate Service. We may permanently or temporarily terminate or suspend your access to the Starks Associate Service without notice or liability to Starks Associate, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Starks Associate Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

USER CONTENT

You are solely responsible for all data (“User Content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. You agree not to upload User Content that:

may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person;
may create a risk of any other loss or damage to any person or property;
seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
may constitute or contribute to a crime or tort;
contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, obscene, pornographic, or otherwise objectionable;
contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
contains any information or content that you know is not correct and current. You agree that any User Content that you upload does not and will not violate third party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant that your User Content and Starks Associate’s use thereof as contemplated by this Agreement and the Starks Associate Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

Starks Associate takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts or sends over the Starks Associate Service. You acknowledge and agree that Starks Associate may preserve your User Content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

comply with legal process, applicable laws or government requests;’
enforce this Agreement;
respond to claims that any content violates the rights of third parties; or
protect the rights, property, or personal safety of Starks Associate, its users and the public.

You understand that the technical processing and transmission of the Starks Associate Service, including your content, may involve –

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices

By uploading any User Content, you hereby grant and will grant Starks Associate and its affiliated companies a non-exclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable licence to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Starks Associate Service, in any form, medium or technology now known or later developed.

THE DATA PROTECTION ACT 2018

We comply with the provisions of the Data Protection within the jurisdictions where Starks Associates operates. We have expressly stated some of these jurisdictions. In the UK, we comply with the Data Protection Act 2018 (“DPA”) applicable to controllers within the ambit of Section 6 of the DPA. The Data Protection Act 2018 is the UK’s implementation of the General Data Protection Regulation (“GDPR”). If you have an intellectual property rights-related complaint about material posted on the Starks Associates Service, you may contact our Designated Agent at the following UK address:

Starks Associates, Ltd.

ATTN: Copyright Notification

E-mail: support@starksassociate.com

THE DATA PROTECTION LAWS IN CANADA

We comply with the provisions of Personal Information Protection and Electronic Documents Act 2000 ('PIPEDA'); Personal Information Protection Act, SBC 2003 c 63 ('BC PIPA'); Personal Information Protection Act, SA 2003 c P-6.5 ('AB PIPA'); and the Act respecting the Protection of Personal Information in the Private Sector, CQLR c P-39.1 ('Quebec Private Sector Act'), If you have an intellectual property rights-related complaint about material posted on the Starks Associates Service, you may contact our Designated Agent.

Starks Associates, Ltd.

ATTN: Copyright Notification

E-mail: support@starksassociate.com

THE KENYA DATA PROTECTION ACT 2019

We comply with the provisions of the Kenya Data Protection Act 2019 applicable to Data controllers and Processors particularly with respect to the provisions of Part IV – 48 – 50. If you have an intellectual property rights-related complaint about material posted on the Starks Associates Service, you may contact our Designated Agent.

Starks Associates, Ltd.

ATTN: Copyright Notification

E-mail: support@starksassociate.com

THE UGANDA DATA PROTECTION AND PRIVACY ACT, 2019 AND THE DATA PROTECTION AND PRIVACY REGULATIONS 2021

We comply with the provisions of the Uganda Data Protection and Privacy Act 2019 applicable to Data controllers and Processors. If you have an intellectual property rights-related complaint about material posted on the Starks Associates Service, you may contact our Designated Agent.

Starks Associates, Ltd.

ATTN: Copyright Notification

E-mail: support@starksassociate.com

THE GHANA DATA PROTECTION ACT (Act 843), 2012

We comply with the provisions of the Ghanaian Data Protection and Privacy Act 2012 applicable to Data controllers and Processors. If you have an intellectual property rights-related complaint about material posted on the Starks Associates Service, you may contact our Designated Agent.

Starks Associates, Ltd.

ATTN: Copyright Notification

E-mail: support@starksassociate.com

THE SOUTH AFRICAN PROTECTION OF PERSONAL INFORMATION ACT (POPIA), 2021

We comply with the provisions of the South African Protection of Personal Information Act (“POPIA”) applicable to Data controllers and Processors. If you have an intellectual property rights-related complaint about material posted on the Starks Associates Service, you may contact our Designated Agent.

Starks Associates, Ltd.

ATTN: Copyright Notification

E-mail: support@starksassociate.com

NIGERIA DATA PROTECTION REGULATION 2019

We comply with the provisions of the Nigeria Data Protection Regulation 2019 (“NDPR”) applicable to Internet service providers (particularly sections 16 – 31of the NDPR). If you have an intellectual property rights-related complaint about material posted on the Starks Associate Service, you may contact our Designated Agent at the following address:

Starks Associates, Ltd.

ATTN: Copyright Notification

E-mail: support@starksassociate.com

Any notice alleging that materials hosted by or distributed through the Starks Associate Service infringe intellectual property rights must include the following information:

an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other right being infringed;
a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on the Starks Associate Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of those materials on the Starks Associate Service is not authorised by the copyright owner, its agent, or the law; and;
a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.

Repeat Infringers.

Starks Associate will promptly terminate without notice the accounts of users that are determined by Starks Associate to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Starks Associate Service at least twice.

CONFIDENTIALITY

Any materials or data that you provide to Starks Associate for the purpose of providing the Starks Associate Service will be your “Confidential Information,” except to the extent such documents –

are known to Starks Associate prior to receipt from you from a source other than one having an obligation of confidentiality to you;
become known (independently of disclosure by you) to Starks Associate directly or indirectly from a source other than one having an obligation of confidentiality to you; or
become publicly known or otherwise cease to be secret or confidential, except through a breach of this Section by Starks Associate. Starks Associate will use the Confidential Information solely for the purpose of providing the Starks Associate Service to you (the “Permitted Purpose”).

Starks Associate will not disclose your Confidential Information to any third party without your prior consent, ,except for providing such Confidential Information to our directors, officers, employees, agents, consultants, contractors, representatives or affiliated entities (collectively, “Associated Persons”) who need to have access to such Confidential Information in connection with the Permitted Purpose.

Starks Associate will use reasonable care to protect the confidentiality of your Confidential Information. In the event that Starks Associate is required by law to make any disclosure of any of your Confidential Information, whether by subpoena, judicial or administrative order or otherwise, Starks Associate will make commercially reasonable efforts to give you notice of such requirement (to the extent legally permissible) and will permit you to intervene in any relevant proceedings to protect your interests in your Confidential Information

FEES

To use the Starks Associate Service, you may be required to make one or more payments and provide us with information regarding your credit card. You represent and warrant to Starks Associate that such information is true and that you are authorised to use the payment instrument.

You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Starks Associate the amount that is specified by the Starks Associate Service in accordance with the terms therein and this Agreement.

Starks Associate reserves the right to change our prices. If we change our prices, we will provide notice of the change on the Starks Associate web site or in email to you, at our option. Your continued use of the Starks Associate Service after the price change becomes effective constitutes your agreement to pay the changed amount. If Starks Associate agrees, in its sole discretion, to invoice you for your receipt of the Starks Associate Service (rather than requiring you to pay all fees by credit card), you must nevertheless provide Starks Associate with your credit card information (as reasonably requested by Starks Associate) and promptly update such information with any changes that may occur.

If you fail to pay any invoices within 30 days of the date of the invoice, Starks Associate will notify you by email of the overdue charge and, if the invoice remains unpaid, Starks Associate will charge your credit card the full amount owing under the invoice on the 31st day following the date of the invoice.

You hereby authorise us to charge any such overdue amounts to your credit card on file and acknowledge that Starks Associate may suspend its provision to you of the Starks Associate Service if any amounts remain unpaid.

You may be required to pay all subsequent fees by credit card if you fail to pay an invoice within 35 days of the invoice date. Starks Associate will only remove a credit card on file at your request if your account balance is N0 and there are no Starks Associate Services pending for you.

LIABILITY FOR INVALIDATED PAYMENTS AND OTHER LIABILITIES

You are liable for all claims, expenses, fines and liability we may incur arising out of:

a Chargeback, Refund, payment error, or other invalid payment (collectively “Invalidated Payment”);
any error, negligence, misconduct or fraud by you, your employees, or someone acting on your behalf; and
any losses resulting from your failure to comply with the terms of this Agreement, or your usage of Starks Associate Services. In the event of an Invalidated Payment or other liability, in addition to our other rights and remedies (all of which are cumulative), we may (or instruct Acquirer to) deduct, setoff or recoup the amounts due to Starks Associate from your Pay-outs.

END USER LICENCE GRANT

STARKS ASSOCIATE SERVICE

Subject to the terms and conditions of this Agreement, you are hereby granted a nonexclusive, limited, non-transferable, freely revocable licence to use the Starks Associate Service for your personal, non-commercial use, as permitted by the features of the Starks Associate Service. Starks Associate reserves all rights not expressly granted herein in the Starks Associate Service and the Starks Associate Content (as defined below). Starks Associate may terminate this licence at any time for any reason or no reason.

MOBILE APPLICATION

We may make available Application to access the Starks Associate Service via a mobile device (“Mobile Application”). To use the Mobile Application, you must have a mobile device that is compatible with the Mobile Starks Associate Service. Starks Associate does not warrant that the Mobile Application will be compatible with your mobile device. Starks Associate hereby grants you a nonexclusive, non-transferable, revocable licence to use a compiled code copy of the Mobile Application for one Starks Associate account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You shall not:

modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law;
rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third party or use the Mobile Application to provide time sharing or similar services for any third party;
make any copies of the Mobile Application;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or
delete the copyright and/or other proprietary rights notices on the Mobile Application. You acknowledge that Starks Associate may from time-to-time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Application is covered by the applicable open source or third-party licence EULA, if any, authorising use of such code. The foregoing licence grant is not a sale of the Mobile Application or any copy thereof, and Starks Associate or its third-party partners or suppliers retain all right, title, and interest in the Mobile Application (and any copy thereof).

MOBILE APPLICATION FROM APPLE APP STORE

This paragraph is intended to apply to you if you have downloaded the Mobile Application from the Apple App Store. Starks Associate and you acknowledge that this Agreement is concluded between Starks Associate and you only, and not with Apple Inc. (“Apple”), and as between Starks Associate and Apple, Starks Associate, not Apple, is solely responsible for the Application and Starks Associate Services and the content thereof. You acknowledge that Apple, Ltd. has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Application. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS).

You represent and warrant that i. You are not located in a country that is subject to a Nigerian Government embargo, or that has been designated by the NIGERIAN Government as a “terrorist supporting” country; and ii. You are not listed on the Nigerian Government “watch list” of prohibited or restricted parties. This Agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Ltd. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the “Mobile Application” is considered the “Licensed Application” as defined in the LAEULA and “Starks Associate” is considered the “Application Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control.

MOBILE APPLICATION FROM THE GOOGLE ANDROID MARKET

This paragraph is intended to apply to you if you have downloaded the Mobile Application on a device powered by the Android operating system. Starks Associate and you, the end‐user of the Mobile Application and Starks Associate Services, acknowledge that the Agreement is entered into by and between Starks Associate and you. Starks Associate is solely responsible for the Application and Starks Associate Services. Should you have downloaded the Application from the Google Android Market located online at https://play.google.com/store.

You acknowledge that you have reviewed the Android Market Terms of Service (located online at https://play.google.com/about/play-terms.html) and the Android Market Business and Program Policies (located online athttp://play.google.com/about/play-terms.html). You represent and warrant that

you are not located in a country that is subject to a Nigerian Government embargo, or that has been designated by the Nigerian Government as a “terrorist supporting” country; and
you are not listed on any Nigerian Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list.

STARKS ASSOCIATE PROPRIETARY RIGHTS

Except for your User Content, the Starks Associate Service and all materials therein or transferred thereby, including, without limitation, Application, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “Starks Associate Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Starks Associate and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a licence in or under any such Intellectual Property Rights, and you agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Starks Associate Service. Use of the Starks Associate Content or materials on the Starks Associate Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

PREMIUM SERVICES

From time to time, Starks Associate may provide additional features and/or Starks Associate Services that require payment (“Premium Starks Associate Services”). Starks Associate may also offer from time to time in its sole discretion, certain Premium Starks Associate Services for free, whether for a trial period or otherwise. Unless expressly stated otherwise, references in this Agreement to the Starks Associate Service include the Premium Starks Associate Services.

PRIVACY

For information about how Starks’ Associate protects your privacy, please read the Starks Associate Privacy Policy. This policy explains how Starks’ Associate treats your personal information, and protects your privacy, when you use the Starks Associate Service.

DELIVERY TERMS OF SERVICE

Starks Associate will undertake service delivery to complete transactions in the shortest amount of time possible. Where time commitments are explicitly agreed on, the time indicated is confined to business days only in the Pacific Standard Time zone. For example, 24- hour transaction delivery equates to 1 business day, 48-hour delivery equates to 2 business days and so forth. Our standard hours of service are 8am to 6pm Monday-Friday, Pacific Standard time. Additional support hours and after-hour service is available by inquiry.

INTELLECTUAL PROPERTY

All the content, trademarks, data, information or information contained in any materials or documents (“Documentation”) or used in relation to the Starks Associate Services, including but not limited to any and all copyrighted works, software, databases, text, graphics, icons, designs, hyperlinks, domain names, information and agreements (“Content”), are the property of or licensed to Starks Associate and as such are protected from copyright infringement. The Content may not be reproduced, distributed or copied by any means, whether electronically or not, without Starks Associate’s prior written permission.

Any and all intellectual property rights subsisting in the Documentation, Content, Starks Associate Services and Starks Associate Software or otherwise developed by or on behalf of Starks Associate, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights subsisting now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Intellectual Property”), vests in Starks Associate, its licensors or suppliers, as the case may be, and all rights not expressly granted are reserved.

Save as expressly set out herein, the User shall not acquire any right, title, or interest in the Starks Associate Intellectual Property. This Agreement does not grant either party any rights in connection with the other party’s trademarks. The User shall not use or alter Starks Associate’s trademarks without Starks Associate’s prior written consent or do anything which would adversely affect the value of Starks Associate’s trademarks.

The User may not use the Intellectual Property in a manner which may place the Intellectual Property at risk of loss or loss of value to Starks Associate. SECURITY Starks Associate cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

THIRD PARTY LINKS

The Starks Associate Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Starks Associate. Starks Associate does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Starks Associate Service, such as through Facebook Connect, you do so at your own risk, and you understand that this Agreement and Starks Associate’s Privacy Policy do not apply to your use of such sites. You expressly relieve Starks Associate from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Starks Associate Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that Starks Associate shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.

BREACH

Should either party breach any material provision of this Agreement, then the aggrieved party will be entitled, without prejudice to any other rights it might have in law:

to claim immediate specific performance of any of the defaulting party’s obligations under this Agreement, with or without claiming damages, whether or not such obligation has fallen due for performance and to require the defaulting party to provide security to the satisfaction of the aggrieved party for the defaulting party’s obligations; or
to cancel this Agreement, with or without claiming damages, in which case written notice of the cancellation shall be given to the defaulting party, and the cancellation shall take effect on the giving of the notice.
Neither party shall be entitled to cancel this Agreement unless the breach is a material breach. A breach will be deemed to be a material breach if it is capable of being remedied, but is not so remedied within the notice period of 7 (seven) days (“Notice Period”); or it is incapable of being remedied or is not remedied within the Notice Period, and payment in money will compensate for such breach but such payment is not made within the Notice Period.
The aggrieved party’s remedies in terms of this clause (“breach”) are without prejudice to any other remedies to which the aggrieved party may be entitled in law.
Without detracting from any of the other provisions of this clause 7, in the event of a breach of any provisions of this Agreement or the User prematurely terminating this Agreement and Starks Associate electing to cancel same, the User shall be liable to effect payment to Starks Associate of any outstanding some due.

INDEMNITY

You agree to defend, indemnify and hold harmless Starks Associate and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (collectively, the “Starks Associate Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

your use of and access to the Starks Associate Service, including any data or content transmitted or received by you;
your violation of any term of this Agreement, including without limitation your breach of any of the representations 13 and warranties you make in this Agreement;
your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
your violation of any applicable law, rule or regulation;
any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or
any other party’s access and use of the Starks Associate Service with your username, password or other appropriate security code.

NO WARRANTY

ANY SERVICE YOU PURCHASE THROUGH THE STARKS ASSOCIATE WEBSITE (“PRODUCT”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE STARKS ASSOCIATE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, STARKS ASSOCIATE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE STARKS ASSOCIATE SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE STARKS ASSOCIATE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE STARKS ASSOCIATE SERVICE. STARKS ASSOCIATE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE STARKS ASSOCIATE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND STARKS ASSOCIATE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

IF YOU DOWNLOADED THE MOBILE APPLICATION FROM THE APPLE APP STORE, YOU FURTHER ACKNOWLEDGE THAT APPLE HAS NO RESPONSIBILITY FOR ADDRESSING ANY CLAIMS RELATING TO THE APPLICATION OR STARKS ASSOCIATE SERVICES OR YOUR POSSESSION AND/OR USE OF THE APPLICATION OR STARKS ASSOCIATE SERVICES, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE APPLICATION OR STARKS ASSOCIATE SERVICES FAIL TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE STARKS ASSOCIATE PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION AND/OR ANY OF THE STARKS ASSOCIATE SERVICES, THESE TERMS OF USE OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, EVEN IF STARKS ASSOCIATE OR ANY OTHER STARKS ASSOCIATE PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

THE STARKS ASSOCIATE PARTIES SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM THESE TERMS OF USE OR USE OF THE APPLICATION OR ANY OF THE STARKS ASSOCIATE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL STARKS ASSOCIATE’S (OR APPLE’S IF YOU DOWNLOADED THE APPLICATION FROM THE APPLE APP STORE) TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU HAD PAID TO STARKS ASSOCIATE OVER THE PRECEDING THREE MONTHS PERIOD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR STARKS ASSOCIATE SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN STARKS ASSOCIATE AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE STARKS ASSOCIATE SERVICES. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF STARKS ASSOCIATE ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE STARKS ASSOCIATE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE STARKS ASSOCIATE PARTIES.

SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

GENERAL

GOVERNING LAW AND JURISDICTION

Without prejudice to the provisions of the “Breach” clause, this Agreement shall be governed by the Laws of the Federal Republic of Nigeria, and in the event of any dispute, difference or claim arising out of or in connection with this Agreement, the parties shall meet in good faith, within a month of the knowledge of the dispute, for negotiation in an effort to resolve the dispute amicably.

If the dispute is not settled by Negotiation within 14 (Fourteen) days of commencement of such negotiations, or within a longer period as agreed to by the parties, the dispute, difference or claim shall be referred to The Lagos Multi-Door Courthouse (“LMDC”) for mediation which shall be conducted in accordance with the LMDC Mediation Procedure Rules or such other rules mutually agreed by the parties. If the parties fail to reach a settlement via mediation within 21 days, the matter shall be settled by reference to the High Court of Lagos State.

This Agreement shall be subject to and governed by and construed in accordance with the Laws of Lagos State of Nigeria. Where parties resort to Mediation in the resolution of disputes, each party will bear its respective legal and ancillary costs. Dispute Resolution and Arbitration Generally. In the event of any dispute, difference or claim arising out of or in connection with this Agreement, the parties shall meet in good faith, within a month of the knowledge of the dispute, for negotiation in an effort to resolve the dispute amicably.

Exceptions. Despite the provisions above, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to:

bring an individual action in small claims court;
pursue an enforcement action through the applicable federal, state, or local agency if that action is available;
seek injunctive relief in a court of law; or
to file suit in a court of law to address an intellectual property infringement claim. Arbitrator. Any arbitration between you and Starks Associate will be settled under the Arbitration and Conciliation Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes as modified by these Terms of Use. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified Nigerian Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”).

Starks Associate’s address for Notice is: Starks Associate Ltd., Lekki.

The Notice must:

describe the nature and basis of the claim or dispute; and
set forth the specific relief sought (“Demand”).

The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Starks Associate may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Starks Associate must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

If the dispute is finally resolved through arbitration in your favour, Starks Associate will pay you the highest of the following:

the amount awarded by the arbitrator, if any;
the last written settlement amount offered by Starks Associate in settlement of the dispute prior to the arbitrator’s award; or
N50,000.

Modifications to this Arbitration Provision. If Starks Associate makes any future change to this arbitration provision, other than a change to Starks Associate’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Starks Associate’s address for Notice, in which case your account with Starks Associate will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive. Enforceability. If Section 23.f. is found to be unenforceable or if the entirety of this Section 23 is found to be unenforceable, then the entirety of this Section 23 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 22 will govern any action arising out of or related to these Terms of Use.

ENTIRE AGREEMENT / SEVERABILITY

This Agreement, together with any amendments and any additional agreements you may enter into with Starks Associate in connection with the Starks Associate Service, shall constitute the entire agreement between you and Starks Associate concerning the Starks Associate Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

NO WAIVER

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Starks Associate’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

THIRD PARTY BENEFICIARIES AND AGREEMENTS

If you downloaded the Mobile Application from the Apple App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary hereof. You agree to comply with, and your licence to use the Mobile Application and Starks Associate Service is conditioned upon your compliance with, all applicable third-party terms of agreement, as may be applicable, when using the Mobile Application and/or Starks Associate Service.

ASSIGNMENT

This Agreement, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by Starks Associate without restriction or notice.

NOTICES

We may provide notices, whether such notices are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, Apple App Store or Google Android Marketplace, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.

CONTACT US

Should you wish to contact us with any questions, complaints or claims with respect to the Starks Associate Service, you should visit the Starks Associate website at wwwstarksassociates.com, by email at [email protected]

These terms of service were last amended on 25th August, 2023.

USER CONTENT

may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person;
may create a risk of any other loss or damage to any person or property;
seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
may constitute or contribute to a crime or tort;
contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, obscene, pornographic, or otherwise objectionable;
contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
contains any information or content that you know is not correct and current. You agree that any User Content that you upload does not and will not violate third party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy.

comply with legal process, applicable laws or government requests;’
enforce this Agreement;
respond to claims that any content violates the rights of third parties; or
protect the rights, property, or personal safety of Starks Associate, its users and the public.

You understand that the technical processing and transmission of the Starks Associate Service, including your content, may involve –

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices

THE DATA PROTECTION ACT 2018

Starks Associates, Ltd.

ATTN: Copyright Notification

E-mail: support@starksassociate.com

THE DATA PROTECTION LAWS IN CANADA

Starks Associates, Ltd.

ATTN: Copyright Notification

E-mail: support@starksassociate.com

THE KENYA DATA PROTECTION ACT 2019