Last updated: 10 Jan 2023

We are bstar Digital Ltd, incorporated in England and Wales under company registration number 14575405. Our registered office is at Paul St 86-90, London, EC2A 4NE. 

These Terms of Use apply to the use of this website, regardless of how you access it. Please read these Terms of Use carefully before you proceed.

We may, at any time and without notice, terminate your access to or use of this website. If we do so, you do not have the right to bring any claim or claims against us.

• Consent to Terms of Use

By using this website you agree to these Terms of Use.

If you do not agree to these Terms of Use, please do not use this website. These Terms of Use were last updated on the date shown above. We may change these Terms of Use at any time by posting an updated version on our website, so you should check the latest version before using this website. You may only use this website for lawful purposes.

• Copyright notice

Unless we expressly state otherwise, the copyright and any other intellectual property rights, including but not limited to design rights, trademarks and patents appearing anywhere on this website remain our property, whether owned by or licensed to us.

You may not use any of the material on this website without our prior written permission for your own commercial purposes, whether by reproducing, copying, downloading, printing, linking to, editing, broadcasting, distributing or otherwise.  You may use it for your own personal non-commercial use.

• Disclaimer

Accessing or using this website or its content in any way is done entirely at your own risk. You will be responsible for any loss or damage to any computer, device, software, systems or data resulting directly or indirectly from the use or inability to use this website or its content.  

We are under no obligation to provide uninterrupted access to this website. We reserve the right to restrict your access to this website at any time and for any reason.

We do not guarantee that the contents of this website will be free of errors, bugs, worms, trojans or viruses or otherwise make any representations as to the quality or accuracy or completeness of the content available on the website including, but not limited to any price quotes, stock availability data or non-fraudulent representations. You are responsible for maintaining appropriate software on your computer or device to protect you from any such errors, bugs, worms, trojans or viruses.

To the fullest extent permissible by law, we exclude any and all liability to you resulting from your use of the website or connected to these Terms of Use. This exclusion includes but is not limited to any type of damages, loss of data, income or profit or loss or damage to property belonging to you or third parties arising from the use of this website or its contents.

Nothing in these Terms of Use is intended to limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

• Links to third party websites

This website may provide links out to websites or other online resources under the control of third parties.  Any such links are provided solely for your convenience.  We have no control over the contents of these third-party resources. We are not responsible for the contents of any linked websites and do not endorse them in any way.

• Links from third party websites

You can link to this website, so long as you do so fairly and without suggesting any affiliation, endorsement, approval or association with bstar Tech Ltd if there is none. We reserve the right to withdraw permission to link to our site at any time.

• Content submitted by you

You acknowledge that you are responsible for all content you submit to this website and you must ensure that all content you post, publish, upload or distribute to this website (whether via comments, articles, or any other method):

1. does not breach any third party’s intellectual property rights;
2. is not defamatory, offensive, abusive or threatening;
3. does not breach a third party’s privacy rights;
4. is not confidential or otherwise owned by a third party;
5. does not contain any advertisements unless we have consented to this in writing; 
6. does not contain any viruses or otherwise threaten our computer systems or our customers’ customers systems; and
7. does not breach any applicable laws. 

You will indemnify us for any claims by third parties against us resulting from your use of this website in contravention of these Terms of Use. 

By submitting content to this website, you agree to grant us an unconditional, irrevocable, non-exclusive, ongoing, transferable and royalty-free licence to use, store, reproduce, display, publish or distribute your content.

• Privacy policy

We take your privacy and the protection of your data very seriously. We may gather and/or use certain information about you in accordance with our privacy policy. Please see our separate privacy policy for more information.

• Entire agreement

These Terms of Use are the entire agreement between us and you, and supersede any and all prior terms, conditions, warranties or representations to the fullest extent permitted by law.

• Applicable law

This Agreement shall be governed by the law of England, and the courts of England and Wales will have exclusive jurisdiction in relation to these Terms of Use.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email legal@bstar.digital and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our legal team via email (legal@bstar.digital). Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By visiting this page on our website: https://bstar.digital/contact 
• By sending us an email: helpdesk@bstar.digital

1. CONTACT INFORMATION
1. If you have any concerns or would like further information about our use of data or this policy in general, you can contact the Legal Department at legal@bstar.digital or on +442081339295. 
2. WHAT INFORMATION DO WE COLLECT?
1. We collect, store and use the types of personal data set out in the table at the end of this policy.
3. HOW WILL WE USE YOUR PERSONAL DATA?
1. We will use your personal data for the purposes set out in the table at the end of this policy.
2. Sending tailored emails based on purchases.
4. HOW DO WE SHARE YOUR PERSONAL DATA?
1. When we share personal data, we do so in accordance with Data Protection Law. We may share certain personal data, where necessary, with employees, contractors, consultants or advisers, to facilitate sales and for general commercial purposes.

In addition, where necessary, your personal data may be shared:

1. with parties who provide products or services to us, such as software development, email services, payment processing,  etc.
2. with government or quasi-governmental organisations, law enforcement and other regulatory authorities or third parties when required or permitted by law, including but not limited to in response to court orders, for the prevention and detection of crime and to protect intellectual property and any other legal rights.
3. if the company or business is sold, transferred or integrated with another business, with our advisers, a prospective purchaser, a prospective purchaser’s advisers or the new owner of the company or business to facilitate the process.

1. We may also provide third parties with aggregated but anonymised information and analytics about our customers. Before we do so we will make sure that it does not identify you.
2. In some cases when we share personal data, it will involve the transfer of that personal data to countries outside the UK which have different data protection standards to those which apply in the UK.
3. Where we transfer personal data outside the UK, we will ensure that there are adequate safeguards to protect your privacy rights under Data Protection Law. You can request a copy of the safeguards we have put in place by contacting us using the details in paragraph 2 above. 

1. THIRD PARTY LINKS
1. This Site may contain links to other websites over which we have no control. We are not responsible for and do not review or endorse the privacy policies or practices of other websites which you choose to access from this Site. We encourage you to review the privacy policies of those other websites, so you can understand how they collect, use and share your personal information.
2. YOUR RIGHTS
1. We respect your rights to privacy and will respond to requests for access or control over information about you in accordance with Data Protection Law. We may require you to verify your identity before we take any action.
2. Depending on the reason we have your personal data, you have a right to:
1. access the personal information we hold about you (commonly known as subject access);
2. request that we correct or complete personal information we hold about you that is inaccurate or incomplete; 
3. request that we erase your personal information in some circumstances, or object to our processing it as detailed at paragraph 7.5; 
4. restrict how we use your personal information, in certain circumstances; 
5. request that we provide you with copies of your personal information in a machine-readable format or transfer it across different services; and
6. where we have asked for your consent to process your data, to withdraw this consent.
3. These rights are limited in some situations under Data Protection Law – for example, where we can demonstrate that we are under a legal obligation to process your data.
4. If you wish to exercise any of these rights, please contact us using the details in paragraph 2 above. 

• Your right to object 

You have a right to object to our processing of your personal data and ask us to stop doing so. If we are processing your personal data for direct marketing purposes (which includes profiling to the extent that it is related to such direct marketing) and you object to this, we will stop processing your personal data immediately.

If our processing of your personal data, including any profiling activities, is in the public interest or pursuant to our legitimate interests and you object to this, we will stop processing your personal data unless we have compelling reasons which override your interests, or our use of your personal data is for the establishment, exercise or defence of legal claims.

1. We hope that we can satisfy any queries you may have about the way we process your data. However, if you have unresolved concerns you also have the right to complain to data protection authorities (in the UK, the Information Commissioner’s Office). You can call the ICO on 0303 123 1113 or go to their website: https://ico.org.uk/make-a-complaint/).

1. DATA RETENTION
1. Your personal data will only be kept for as long as necessary for our purposes. Specific retention periods are set out in the table at the end of this policy.
2. At the end of the specified retention periods, your personal data will either be securely destroyed or anonymised, unless we are required to keep it to comply with our legal obligations.
2. DATA PROTECTION PRINCIPLES
1. We process your personal data in accordance with the following principles: 
1. we process your personal data lawfully, fairly and in a transparent way; 
2. we collect your personal data for specified, explicit and legitimate purposes; any further processing we do is compatible with the original purposes for which we collected it;
3. we only process personal data that is adequate, relevant and limited to what is necessary to achieve the purpose for which it is processed; 
4. we take reasonable steps to ensure that all personal data is accurate and kept up to date where necessary;
5. we do not store personal data in a form that identifies you for any longer than is necessary for the purposes of our processing; and
6. we process personal data securely and in a way that protects against unauthorised or unlawful processing, accidental loss, destruction or damage. 
2. When we ask for your personal data we will tell you whether you are required by law or contract to provide it, and what will happen if you do not provide the data.  
3. Any request for consent to the processing of your personal data will be made directly to you and will include information about why we require the personal data and what will be done with it.
3. WHAT IS OUR LAWFUL BASIS FOR PROCESSING?
1. We will only process personal data when we have a lawful basis for doing that processing. The table at the end of this policy sets out the lawful basis we rely on for each type of data we process.
2. We will choose one of the lawful bases in the UK GDPR to justify how we use your personal data. These are:
1. Consent: You have given consent to the processing of your personal data for one or more specific purposes. You have the right to withdraw your consent at any time, as detailed in paragraph 7.2.
2. Contract: The processing is necessary for the performance of a contract with you or to take steps at your request before entering into a contract.
3. Legal obligation: We need to process your personal data to comply with a legal obligation.
4. Vital interests: The processing is necessary to protect the vital interests of you or another person.
5. Public interest: Processing is necessary for the performance of a task carried out in the public interest or in the exercise of some official authority.
6. Legitimate interests: Processing is necessary for the purposes of legitimate interests pursued by us or someone else, except where such interests are overridden by your interests or fundamental rights and freedoms requiring the protection of your personal data.

TABLE OF PERSONAL INFORMATION WE USE

The table below sets out detailed information about the types of personal information we collect, our purposes for processing, the basis for processing and the retention period for the personal data.

1. CONTACT INFORMATION
1. If you have any concerns or would like further information about this policy in general, you can contact the Legal Department at legal@bstar.digital or on +442081339295. 
2. WHAT ARE COOKIES?
1. Cookies are small text files that are stored on your computer when you visit the Site. It is standard practice to use cookies to make your experience better when using a website. We and our third-party service providers use cookies and similar technologies to collect information about, and relevant to, your usage of the Site.
3. USE OF COOKIES AND SIMILAR TECHNOLOGIES
1. We use the following categories of cookies and similar technologies on this Site:
1. Strictly necessary cookies: These cookies are essential to enable you to move around the Site and use its features, and to keep the site secure. Without these cookies, services you have asked for (such as remembering your login details or the items you placed in your basket) cannot be provided. 
2. Analytics cookies: These cookies collect information about how you use the Site, for instance which pages you go to most often, what searches you perform and if you get error messages from web pages. Information these cookies collect can be used to improve how the Site works.
3. Customisation cookies: These cookies allow the Site to remember choices you make (such as your username) and provide enhanced, more personal features. These cookies cannot track your browsing activity on other websites.
4. Social media cookies: These cookies allow you to share your activity on the site on social media such as Facebook and Twitter. These cookies are not within our control. Please refer to the privacy policies of the social networks in question for information regarding how their cookies work.
2. When you visit the Site for the first time (and periodically after that), we will request your consent to the setting of all cookies other than strictly necessary cookies.
3. You can delete existing cookies and disable some or all types of cookies in future if you wish. To disable some or all types of cookies, you will have to either change the settings on your browser or use the cookie manager tool on the Site. See https://www.allaboutcookies.org/manage-cookies/ for information on how to change your browser settings. If you change your mind, you can enable cookies again at any time. Disabling cookies on your browser may stop the Site from working properly. 
4. To find out more about cookies please visit www.allaboutcookies.org.

• All bstarCredits purchases are final and non-refundable, except as required by applicable law.
• If there is an issue with your credits or account, please contact customer support at bstarcredits@bstardigital.email.

5. Promotional Credits

• Promotional or bonus credits may be offered as part of special deals or campaigns.
• Promotional credits may have specific usage limitations and expiry dates, as outlined in the promotion details.

6. Misuse and Penalties

• Misuse of bstarCredits or attempts to manipulate the system may result in the suspension or termination of your account.
• bstarOne reserves the right to deduct improperly obtained credits from your account.

7. Changes to bstarCredits

• bstarOne may modify the credit system, including pricing, usage policies, and terms, at any time. Changes will be communicated via the platform or email.
• Continued use of bstarCredits after changes implies acceptance of the revised terms.

8. Termination of Service

• In the event bstarCredits are discontinued, bstarOne will provide reasonable notice and options for using remaining credits before termination.

9. Contact Information

For questions or concerns about bstarCredits, please contact us at bstarcredits@bstardigital.email.

By purchasing or using bstarCredits, you acknowledge that you have read, understood, and agree to these terms and conditions.

Use of Credits

For questions or concerns regarding the Discovery Pass, please contact us at discovery@bstardigital.email.

By activating the Discovery Pass, you acknowledge that you have read, understood, and agree to these terms and conditions.