Banked: App End-User Terms and Conditions

Please read this information before signing up for Banked.

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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​.iuben​da​.com/​p​r​i​v​a​c​y​-​p​o​l​i​c​y​/​32844306

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/​a​p​p​-​t​e​rms-a… 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.