Terms + Conditions

The website located at www​.banked​.com (the ​“Site”) is a copyrighted work belonging to Banked Ltd (“Company”, ​“us”, ​“our”, and ​“we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. Without limitation to the preceding sentence, your submission of information, including personal information, through or in connection with the Site is governed by the terms of our privacy policy as updated from time to time, available at https://​banked​.com/​p​r​i​v​a​c​y​-​policy/ (“Privacy Policy”).

All such additional terms, guidelines, and rules, including our Privacy Policy, are incorporated by reference into these terms of use (these ​“Terms”).

These Terms set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). If you do not agree with all of the provisions of these Terms, do not access and/​or use the Site.

1. Accounts

1.1 Account Creation. In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 8.


1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorised use, or suspected unauthorised use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. Access to the Site

2.1 Licence. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited licence to use and access the Site solely for your own personal, non-commercial use.


2.2. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; © you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.


2.3. Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.


2.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.


2.5 Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licences granted under these Terms.

3. User Content

3.1 User Content. ​“User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted from the Site at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.


3.2 Licence. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide licence to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicences of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.


3.3 Acceptable Use Policy. The following terms constitute our ​“Acceptable Use Policy”:
(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).


3.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/​or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/​or reporting you to law enforcement authorities.


3.5 Feedback. If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

4. Indemnification

You agree to indemnify Company (and its officers, employees, and agents), including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, © your violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

5. Third-Party Links & Ads; Other Users

5.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/​or display advertisements for third parties (collectively, ​“Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.


5.2 Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.


5.3 Release. Subject to applicable law, you hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads).

6. Disclaimers

The Site is provided on an ​“as-is” and ​“as available” basis, and, to the extent permitted by applicable law, Company (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

7. Limitation on Liability

To the maximum extent permitted by law, and subject to the final paragraph in this Section 7, in no event shall Company (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Site, even if Company has been advised of the possibility of such damages. Access to, and use of, the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, and subject to the final paragraph in this Section 7, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of fifty pounds sterling (GBP 50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to these Terms.
The exclusions in this Section 7 shall apply to the maximum extent permitted by law, but Company does not exclude liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability which may not be excluded by law.

8. Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 to 2.5, and Sections 3 to 9.

9. General

9.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/​or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.


9.2 Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.


9.3 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site.


9.4 Waiver. A waiver by Company of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorized representative of Company and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.


9.5 Headings and Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word ​“including” means ​“including without limitation”.


9.6 Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.


9.7 Relationship between you and us. You confirm that you are acting on your own behalf and not for the benefit of any other person. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.


9.8 Assignment. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.


9.9 Governing Law and Jurisdiction. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms.


9.10 Copyright/​Trademark Information. Copyright © 2019 Banked Ltd.. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.


9.11 Contact Information. If you wish to contact us in writing, or if these Terms require you to give notice to us in writing, please contact us at:
Address: 58 – 60 Berners Street, London, W1T 3NQ
Telephone: 020 3579 4496
Email: support@​banked.​com

By signing up for and using Banked, you agree to these terms.

Please read our privacy policy. It explains how we’ll use your personal information and gives details about how we use cookies. The privacy policy is available at https://​www​.banked.com/​p​r​i​v​a​c​y​-​p​o​l​i​c​y​/​

About Banked

We are a third party provider which enables you to make payments from your accounts. Our trading name is Banked and our company name is Banked Ltd.

By signing up to Banked and adding your accounts, you’ll be providing us with your online log-in details for each account you add. We’ll store your log-in details securely.

1. ABOUT OUR SERVICE

1.1 We provide one core service:

Arranging Payments

You can use Banked to instruct payments to be made directly from one of your payment accounts.
Once you’ve consented to the payment being initiated, you can’t change your mind.

You’ll provide your consent to the payment being initiated when you log into your bank account and approve the payment.

We’ll initiate the payment by securely communicating with the relevant payment service provider and instructing it to make a payment from your selected account. The payment service provider will make the payment in line with any timeframes you’ve agreed with them.

Once we’ve initiated the payment, we’ll:

a. Confirm that the payment has been successfully initiated, unless for any reason we can’t initiate the payment (see ​“When could we refuse to initiate a payment”); and

b. Return you to the Banked checkout confirmation page.

1.2 In providing this service, we’ll access your online payment accounts with other payment service providers by either:
a. using a dedicated interface (such as an application programme interface or ​“API”) set up by the payment service provider, or, where this is not available,
b. accessing the payment service provider’s online account portal directly using your own log-in details.

1.3 You agree that we may store and use your online banking log-in details to connect, on your behalf, to the online banking services through which you access accounts in order to provide you with Banked.

2. WHEN COULD WE REFUSE TO INITIATE A PAYMENT?

We’ll initiate a payment where you’ve given us your consent to do so, unless:

a. You’ve given us incomplete or incorrect information;

b. We’re required to refuse to initiate the payment to comply with applicable law and regulation;

c. We think the payment may be fraudulent or otherwise unlawful; or

d. We’ve got reason to believe you aren’t the named account holder of the account.

3. WHAT ARE WE ALLOWED TO DO WITH YOUR DATA?

3.1 You should read our privacy policy, which explains how we’ll use your personal information and sets out our rights and obligations in relation to relevant data protection laws. By agreeing to these terms, you also explicitly consent to us accessing, processing, and retaining any personal data we get as a result of providing this service to you.

3.2 Don’t worry – you can withdraw your consent at any time. If you do, we’ll stop using your data for this purpose, but we may need to continue to process your data for other purposes where we have other lawful grounds to do so – for example, where we are legally required to keep records of transactions.

3.3 We can view, monitor, and analyse any of your Banked-related activity.

3.4 If any of the accounts you’ve added to Banked are joint accounts, you confirm you’ve informed the other account holder(s) how this information will be used, and that they’ve authorised you to consent to this on their behalf.

3.5 The data you provide for the purposes of using Banked will only be stored for the duration of this agreement.

4. WHAT WILL YOU NEED TO DO TO USE BANKED?

4.1 Your right to access and use Banked is personal to you and isn’t transferable.

4.2 The information you provide us must be accurate, complete and up to date, and mustn’t give a false impression of your identity.

4.3 You shouldn’t use Banked or any software we provide for any unlawful purpose or in a manner that is inconsistent with this agreement, and should only use Banked in connection with personal and non-business activity. You shouldn’t copy, adapt, alter, modify, or reverse-engineer any part of Banked or allow someone else to do the same.

4.4 You must always keep your security details (such as online login details) and any device used to access Banked secure and not share them with anyone, including with anyone you have a joint account with. You must also make sure that only biometric information (such as your fingerprint when using Touch ID) relating to you is registered on any devices you use to access Banked. We’ll never phone, text or email you asking for your Banked login details.

4.5 The terms and conditions you have with payment service providers for your accounts should allow you to share your online login details with us. If not, you should check that they are happy for you to share this information with us before you use Banked.

5. WHEN CAN YOU USE BANKED?

While we want you to be able to use Banked whenever you want, occasionally repairs, updates and maintenance on our systems may mean some or all of Banked won’t be available for a while, or may mean Banked is slow for a short time. If you suffer a loss because of this, we won’t be responsible for that loss.

6. DOES BANKED COST YOU ANYTHING?

We don’t charge for using Banked. Your payment service provider may charge you fees in line with any terms you have agreed with them. We have no control over these fees.

7. WHAT HAPPENS IF SOMETHING GOES WRONG?

7.1 Although we’ll always try and give you the best service possible, we aren’t responsible for any loss or damage you suffer if we can’t perform our obligations under this agreement because of any:

a. Legal or regulatory requirements; or

b. Unforeseeable or unusual circumstances which are outside our (or our agents’ and/​or subcontractors’) control and which we couldn’t have avoided despite all efforts to prevent it – for example, industrial action or mechanical failure.

7.2 We’ll be responsible for any loss or damage you suffer if it’s a predictable outcome of us breaching this agreement, or if we fail to protect your information and keep it secure as required by relevant law(s). We’ll also be responsible for any obligation we’ve breached if we can’t limit or exclude that obligation as a matter of law.

7.3 If you think that a payment initiated through Banked was unauthorised or incorrectly executed, you must, as soon as possible, contact the relevant payment service provider for the account from which the payment was made.

7.4 We don’t have any liability for any loss or damage arising from your use of Banked to the extent that another of your payment service providers is responsible for that loss or damage.

7.5 If we have been at fault in any way for the unauthorised or incorrectly executed transaction, we’ll deal with this directly with the relevant payment service provider without having to involve you.

8. HOW CAN WE MAKE CHANGES TO THIS AGREEMENT?

8.1 We’ll usually let you know about changes we’re making to this agreement by email, but we might also let you know by using SMS, online notifications or any other appropriate messaging service.

8.2 As long as we give you at least 30 days’ notice in advance, we can:

a. change any of these terms, including introducing or changing a charge, or withdrawing Banked; or

b. end your use of Banked.

8.3 If we make a change to this agreement that benefits you, we can just tell you about this change at the time we make it.

8.4 Your notice period will start from the date we let you know about the change.

8.5 We can change this agreement for a reason set out below. If we do change this agreement, the change we make will be a reasonable and proportionate response to a change that is affecting us or that we reasonably think will affect us:

a. to respond to a change, or a reasonably anticipated change, in regulatory requirements – for example, if the law changes, or our regulator changes its rules or provides updated guidance;

b. to reflect a change in the cost of providing Banked;

c. to reflect changes we have made to Banked; or

d. to do something that is to your advantage.

8.6 As this agreement has no fixed end date, we may also need to make changes to this agreement for other reasons that we can’t predict right now, but we’ll always explain the impact that change will have on you.

8.7 You don’t have to accept any changes – you can always end this agreement without explanation or charge by telling us before the change comes into effect. You can also end this agreement at any time after we make the change, but the change will apply to you until you do.

8.8 If you keep using Banked after the change is made, we’ll assume you’ve accepted the change.

9. HOW CAN THIS AGREEMENT END?

9.1 This agreement will continue until you or we end it in the ways set out below

How can you end your use of Banked?

9.2 You can end this agreement and your use of Banked at any time without explanation or charge by contacting us using the contact details set out in ​“How can you contact us?”.

How can we end your use of Banked?

9.3 We may suspend, restrict or stop your use of Banked where:

a. You’ve seriously or repeatedly broken the terms of this agreement;

b. We’ve reason to believe that you are engaging in, or facilitating, illegal activity;

c. You’ve provided us with false or materially incomplete information;

d. You’ve allowed someone else to use Banked to access your data or make payments;

e. You’ve behaved improperly towards us (for example, you’ve been threatening, abusing or harassing a member of staff);

f. You’ve caused us to, or may cause us to, break a law, regulation, code, or other requirement, obligation or duty that applies to us; or

g. There’s been, or we suspect there’s been, a breach of security or misuse of Banked.

9.4 We can also end this agreement and your use of Banked at any time without giving you a reason by giving you at least 30 days’ notice.

10. HOW CAN WE GET IN TOUCH WITH EACH OTHER?

How can you contact us?

10.1 You can get in touch with us by emailing us at support@​banked.​com

How do we contact you?

10.2 If we need to contact you about Banked, we’ll normally do this via email.

10.3 We’ll also get in touch with you in any other way that is personal to you. This may include SMS, online notifications or any other appropriate messaging service.

10.4 Please tell us if your name or contact details change, including any email addresses, mobile phone numbers or other contact details, so we can keep in touch. If you don’t, we won’t be responsible if you don’t get any information or notices from us.

11. WHAT IF YOU WANT TO COMPLAIN?

11.1 We want to provide you with the best service we possibly can, so if you have a suggestion for how we can improve, or you’re disappointed with our service, we want to hear from you. Get in touch using the contact details set out in ​“How can you contact us?”.

11.2 We’ll acknowledge your complaint within three business days and we’ll keep you informed of our progress until your complaint is resolved. If you’d like a copy of our complaints procedure, just contact support@​banked.​com at any time.

11.3 We’ll try to resolve any issues to the best of our ability, but if you’re not happy with our response, you might be able to refer your complaint to the Financial Ombudsman using the contact details below

Address: Financial Ombudsman Service, Exchange Tower, London E14 9SR
Telephone: 0800 023 4567 or 0300 123 9123
Email: complaint.​info@​financial-​ombudsman.​org.​uk
Website: www​.finan​cial​-ombuds​man​.org​.uk

11.4 You may also be able to refer your claim to the Financial Ombudsman Service through the European Online Dispute Resolution Platform (available at ec​.europa​.eu/​c​o​n​s​u​m​e​r​s​/odr/). This platform was established by the European Commission to provide an online tool for consumers to resolve disputes about goods and services purchased online.

12. WHAT ELSE DO YOU NEED TO KNOW?

12.1 All the information we give you, and every communication we have with you, will be in English.

12.2 If we choose not to enforce or rely on any of these terms at any time, we can still apply the terms again at any time.

12.3 If a court of competent jurisdiction says any part of this agreement is invalid, unlawful or unenforceable, that part of the agreement will be severed from the rest of the agreement (which means we won’t be able to enforce that part of the agreement). However, the rest of the agreement will continue to be valid and enforceable to the fullest extent permitted by law.

12.4 We recommend that you print or download this agreement and keep a copy of it so you can look at it in the future. The most up to date version of this agreement is available at https://​banked​.com/​p​a​y​m​e​n​ts-te…

12.5 Banked Ltd (company number 11047186) is a company registered with the Registrar of Companies for England and Wales. Registered office: 1st Floor 58 – 60 Berners Street, London, United Kingdom, W1T 3NQ.

13. WHAT LAW APPLIES TO THIS AGREEMENT?

This agreement (and all our dealings with you before the agreement) is governed by the laws of England and Wales. Any dispute that arises regarding this agreement will be dealt with by any court in the United Kingdom that is able to hear the case.

Authorisation details

We’re authorised by the Financial Conduct Authority under registration number 816944.

To check these details, you can visit the Financial Conduct Authority website www​.fca​.org​.uk or by contacting the Financial Conduct Authority on 0800 111 6768. The FCA’s address is 12 Endeavour Square, London, E20 1JN.

By signing up for and using Banked, you agree to these terms.

Please read our privacy policy. It explains how we’ll use your personal information and gives details about how we use cookies. The privacy policy is available at https://​www​.banked.com/​p​r​i​v​a​c​y​-​p​o​l​i​c​y​/​

About Banked

You can use the Banked app to ask someone to make a payment to you by sending them a link, which will help them to make that payment to your bank account through our payment checkout. The app also enables you to see what payment requests you’ve made, and who’s sent the payment to your bank account.

Our trading name is Banked and our company name is Banked Ltd.

1. ABOUT OUR SERVICE

When you sign up to use Banked, we’ll ask you to enter your bank account details. This bank account is where any payments you’re sent via our payment checkout will go. We’ll store these details within the app so you don’t have to enter them again.

2. WHAT ARE WE ALLOWED TO DO WITH YOUR DATA?

2.1 You should read our privacy policy, which explains how we’ll use your personal information and sets out our rights and obligations in relation to relevant data protection laws. By agreeing to these terms, you also explicitly consent to us accessing, processing, and retaining any personal data we get as a result of providing this service to you.

2.2 Don’t worry – you can withdraw your consent at any time. If you do, we’ll stop using your data for this purpose, but we may need to continue to process your data for other purposes where we have other lawful grounds to do so – for example, where we are legally required to keep records of transactions.

2.3 We can view, monitor, and analyse any of your Banked-related activity.

2.4 The data you provide for the purposes of using Banked will only be stored for the duration of this agreement.

3. WHAT WILL YOU NEED TO DO TO USE BANKED?

3.1 Your right to access and use Banked is personal to you and isn’t transferable.

3.2 The information you provide us must be accurate, complete and up to date, and mustn’t give a false impression of your identity.

3.3 You shouldn’t use Banked or any software we provide for any unlawful purpose or in a manner that is inconsistent with this agreement, and should only use Banked in connection with personal and non-business activity. You shouldn’t copy, adapt, alter, modify, or reverse-engineer any part of Banked or allow someone else to do the same.

3.4 You must always keep any device used to access Banked secure.

4. WHEN CAN YOU USE BANKED?

While we want you to be able to use Banked whenever you want, occasionally repairs, updates and maintenance on our systems may mean some or all of Banked won’t be available for a while, or may mean Banked is slow for a short time. If you suffer a loss because of this, we won’t be responsible for that loss.

5. DOES BANKED COST YOU ANYTHING?

We don’t charge for using Banked.

6. WHAT HAPPENS IF SOMETHING GOES WRONG?

6.1 Although we’ll always try and give you the best service possible, we aren’t responsible for any loss or damage you suffer if we can’t perform our obligations under this agreement because of any:

a. Legal or regulatory requirements; or

b. Unforeseeable or unusual circumstances which are outside our (or our agents’ and/​or subcontractors’) control and which we couldn’t have avoided despite all efforts to prevent it – for example, industrial action or mechanical failure.

6.2 We’ll be responsible for any loss or damage you suffer if it’s a predictable outcome of us breaching this agreement, or if we fail to protect your information and keep it secure as required by relevant law(s). We’ll also be responsible for any obligation we’ve breached if we can’t limit or exclude that obligation as a matter of law.

7. HOW CAN WE MAKE CHANGES TO THIS AGREEMENT?

7.1 We’ll usually let you know about changes we’re making to this agreement by email, but we might also let you know by using SMS, online notifications or any other appropriate messaging service.

7.2 As long as we give you at least 30 days’ notice in advance, we can:

a. change any of these terms, including introducing or changing a charge, or withdrawing Banked; or

b. end your use of Banked.

7.3 If we make a change to this agreement that benefits you, we can just tell you about this change at the time we make it.

7.4 Your notice period will start from the date we let you know about the change.

7.5 We can change this agreement for a reason set out below. If we do change this agreement, the change we make will be a reasonable and proportionate response to a change that is affecting us or that we reasonably think will affect us:

a. to respond to a change, or a reasonably anticipated change, in regulatory requirements – for example, if the law changes, or our regulator changes its rules or provides updated guidance;

b. to reflect a change in the cost of providing Banked;

c. to reflect changes we have made to Banked; or

d. to do something that is to your advantage.

7.6 As this agreement has no fixed end date, we may also need to make changes to this agreement for other reasons that we can’t predict right now, but we’ll always explain the impact that change will have on you.

7.7 You don’t have to accept any changes – you can always end this agreement without explanation or charge by telling us before the change comes into effect. You can also end this agreement at any time after we make the change, but the change will apply to you until you do.

7.8 If you keep using Banked after the change is made, we’ll assume you’ve accepted the change.

8. HOW CAN THIS AGREEMENT END?

8.1 This agreement will continue until you or we end it in the ways set out below.

How can you end your use of Banked?

8.2 You can end this agreement and your use of Banked at any time without explanation or charge by contacting us using the contact details set out in ​“How can you contact us?”.

How can we end your use of Banked?

8.3 We may suspend, restrict or stop your use of Banked where:

a. You’ve seriously or repeatedly broken the terms of this agreement;

b. We’ve reason to believe that you are engaging in, or facilitating, illegal activity;

c. You’ve provided us with false or materially incomplete information;

d. You’ve allowed someone else to use Banked to access your data;

e. You’ve behaved improperly towards us (for example, you’ve been threatening, abusing or harassing a member of staff);

f. You’ve caused us to, or may cause us to, break a law, regulation, code, or other requirement, obligation or duty that applies to us; or

g. There’s been, or we suspect there’s been, a breach of security or misuse of Banked.

8.4 We can also end this agreement and your use of Banked at any time without giving you a reason by giving you at least 30 days’ notice.

9. HOW CAN WE GET IN TOUCH WITH EACH OTHER?

How can you contact us?

9.1 You can get in touch with us by emailing us at support@​banked.​com

How do we contact you?

9.2 If we need to contact you about Banked, we’ll normally do this via email.

9.3 We’ll also get in touch with you in any other way that is personal to you. This may include SMS, online notifications or any other appropriate messaging service.

9.4 Please tell us if your name or contact details change, including any email addresses, mobile phone numbers or other contact details, so we can keep in touch. If you don’t, we won’t be responsible if you don’t get any information or notices from us.

10. WHAT IF YOU WANT TO COMPLAIN?

10.1 We want to provide you with the best service we possibly can, so if you have a suggestion for how we can improve, or you’re disappointed with our service, we want to hear from you. Get in touch using the contact details set out in ​“How can you contact us?”.

10.2 We’ll acknowledge your complaint within three business days and we’ll keep you informed of our progress until your complaint is resolved. If you’d like a copy of our complaints procedure, just contact support@​banked.​com at any time.

10.3 You may also be able to refer your complaint through the European Online Dispute Resolution Platform (available at ec​.europa​.eu/​c​o​n​s​u​m​e​r​s​/odr/). This platform was established by the European Commission to provide an online tool for consumers to resolve disputes about goods and services purchased online.

11. WHAT ELSE DO YOU NEED TO KNOW?

11.1 All the information we give you, and every communication we have with you, will be in English.

11.2 If we choose not to enforce or rely on any of these terms at any time, we can still apply the terms again at any time.

11.3 If a court of competent jurisdiction says any part of this agreement is invalid, unlawful or unenforceable, that part of the agreement will be severed from the rest of the agreement (which means we won’t be able to enforce that part of the agreement). However, the rest of the agreement will continue to be valid and enforceable to the fullest extent permitted by law.

11.4 We recommend that you print or download this agreement and keep a copy of it so you can look at it in the future. The most up to date version of this agreement is available on our website at https://​banked​.com/terms-and-conditions or via our App by clicking on ​“Settings” then ​“Terms and Conditions”.

11.5 Banked Ltd (company number 11047186) is a company registered with the Registrar of Companies for England and Wales. Registered office: 1st Floor 58 – 60 Berners Street, London, United Kingdom, W1T 3NQ.

12. WHAT LAW APPLIES TO THIS AGREEMENT?

This agreement (and all our dealings with you before the agreement) is governed by the laws of England and Wales. Any dispute that arises regarding this agreement will be dealt with by any court in the United Kingdom that is able to hear the case.