Acerca de

STAR 8 Terms & Conditions

STAR 8 Terms and Conditions

This Agreement will be effective for all users as of August 12, 2021 

TERMS OF USE AGREEMENT

These Terms of Use (these “Terms”) represent a contract between you (“you,” “your,” “member” and your affiliates) and STAR 8 Financial, Inc. and its successors, affiliates, and assignees (“STAR 8,” “we,” “us,” or “our”) governing your use of the STAR 8 Platform, your STAR8Financial account,   the STAR8Wallet Service, and the Star8Ship Service. 

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE SERVICES (AS DEFINED BELOW) ARE SUBJECT AT ALL TIMES TO THE THESE TERMS, AS THEY MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME, AND OUR PRIVACY POLICY  . Please read these Terms and our Privacy Policy carefully. By using or accessing the Services or by clicking to agree to these Terms when that option is made available to you, you represent that you have read and understand these Terms and our Privacy Policy and you agree to be bound by these Terms and our Privacy Policy. THESE TERMS INCLUDE, AMONG OTHER THINGS, YOUR AUTHORIZATION FOR DEBITS AND CREDITS FROM AND TO YOUR DESIGNATED BANK ACCOUNT VIA THE AUTOMATED CLEARINGHOUSE NETWORK (“ACH”) OR FROM AND TO YOUR DESIGNATED CREDIT CARD ACCOUNT AND A BINDING ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND OUR PRIVACY POLICY, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. 

GENERAL DESCRIPTION OF SERVICES

 

STAR 8 offers subscription-based programs with (1) digital wallet, payment and transaction completion through STAR8Wallet, and (2) transit arrangement and insurance coverages through STAR8Ship, at various tiered rates, based on transaction volume (respectively, “STAR8Wallet Service” and “STAR8Ship Service,” and collectively, the “Services”).

 

While STAR 8 offers you both Services, and occasionally features of STAR8Wallet Service and STAR8Ship Service may overlap or support each other, the Services are not connected.  You do not need to be subscribed for Star8Wallet Service in order to use the STAR8Ship Service, and vice versa.  You acknowledge that you are not entitled to the benefits of both Services by simply subscribing to either the STAR8Wallet Service or the STAR8Ship Service. These Terms apply to both Services unless otherwise indicated. STAR 8 delivers the Services to you via the following platforms (collectively, the “STAR 8 Platform”):

 

  • STAR8 Financial Website – This website handles recurring payments of subscription customers.

  • STAR8Wallet App– This mobile app allows customers to send payments to other customers and deposit/add funds.

  • STAR8Ship Website – This website allows customers to create labels, monitor shipments, declare insurance values, and pay for the STAR8Ship Service.

In order to use the Services, you must: (a) accept and agree to these Terms and our Privacy Policy; (b) register with us on the STAR8 Financial Website, STAR8Wallet App or STAR8Ship Website; (c) be a U.S. person (or a legal U.S. resident) of at least 18 years of age (or older if you reside in a state where the majority age is older); (d) have a Bank Account (defined below) with a U.S. financial institution; (e) comply with applicable regulatory and legal requirements for the jewelry industry; (f) provide all information requested by us, such as your name, email address, mobile device number, online credentials for your Bank Account, proof you are in the jewelry industry, and such other information as we may request from time to time (collectively, “User Information”); and (g) use the Services for commercial and business only, and not use them for personal, household, or consumer purposes.  You represent and warrant that all User Information you provide us from time to time is truthful, accurate, current, and complete, and you agree not to misrepresent your identity or your User Information.  You agree to promptly notify us of changes to your User Information by contacting help@star8financial.com or (310) 862-7987.

Subscription Service: Your subscription begins as soon as your initial payment is processed.  Your subscription will automatically renew each month without notice, until you cancel. You authorize us to store your payment method(s) and to automatically charge your payment method(s) every month until you cancel.  We will automatically charge you the then-current rate for your plan, plus applicable taxes, every month upon renewal until you cancel.

 

We may change your plan’s rate each monthly renewal term, and we will notify you of any rate change with the option to cancel. If the applicable import or export tax rate (including the value-added tax (“VAT”) or goods and services tax (“GST”)   rate or other included tax or duty) changes, we will accordingly adjust the tax-inclusive price for your plan on your next billing date.

 

If your primary payment method fails, you authorize us to charge any other payment method in your account. If you have not provided us a backup payment method(s) and you fail to provide payment, or if all payment methods in your account fail, we may suspend your subscription. You can edit your payment information anytime in your Star8Financial Profile.

 

TERMS APPLICABLE TO STAR8WALLET SERVICE

Opening A STAR8Wallet Account 

For each business entity you represent, you may have only one STAR8Wallet account. You must apply for and explicitly authorize each account. By opening an account and accepting the terms as outlined in this policy, you attest that neither you nor your business is establishing a business account primarily for personal, family or household purposes. You also attest that neither you nor your business is establishing a business account for illegal purposes, including, but not limited to, money laundering and the financing of terrorist activities. We may reverse or place a hold on your transactions or place a reserve on your funds if you are in breach of this policy, including, but not limited to, if you are using an account for personal, family or household purposes. 

Your STAR8Wallet Account. Accounts established via the STAR8Wallet App will be held by STAR 8 for your benefit in an uninsured For the Benefit Of (“FBO”) account maintained at a financial institution with whom STAR 8 has a banking relationship (“Partner Bank”).  You will not be entitled to any interest or other earnings that may accrue with respect to the funds held on your behalf by STAR 8, and you hereby irrevocably assign and transfer to STAR 8 any right or interest that you may have therein. However, STAR 8 shall not have or obtain any rights to the principal amount of the funds it holds on your behalf.  

Your account will be held by The Reserve Trust Company (the “Custodian FBO Depository”), a Colorado chartered trust company, with its office address at 5600 South Quebec Street, Suite 205D, Greenwood Village, CO 80111. Your funds will be held in a custody/escrow account maintained at the Federal Reserve Bank Pursuant to a Custodian FBO Deposit Agreement between STAR 8 and the Custodian FBO Depository. 

Your account will be used solely for the purpose of conducting business-to-business (“B2B”) transaction for the purchase or sale of goods and services related to the jewelry industry. 

Certain limits on transfers to and withdrawals from your STAR 8 accounts may be imposed pursuant to our terms, terms with our Partner Bank, the National Automated Clearing House Association (“NACHA”) Operating Rules and in connection with STAR 8’s then existing fraud and security management system. Transactions above $100,000 will not be eligible for same day ACH settlement; item(s) over the limit will be assigned the next business day's settlement date. Inquiries regarding up-to-date transfer and withdrawal limits should be directed to help@star8financial.com or call us at (310) 862-7987. 

Terms of Escrow.  All funds are to be held in escrow or custody for a specific purpose, i.e., disbursement upon satisfaction of certain conditions of escrow or in custody for further instructions. 

The Custodian FBO Depository has no discretionary investment control over the funds and shall hold and invest all funds deposited in escrow or custody as instructed by STAR 8 or its authorized representative; and shall disburse the funds to the designated recipient upon the satisfaction of the conditions of escrow or return the funds to STAR 8 if the conditions of escrow are not satisfied or upon further instructions for funds held in custody; 

Funds received by the Custodian FBO Depository will be held and maintained in a non-interest bearing FBO account at Custodian FBO Depository itself (the “Escrow Account”) and will be segregated from the assets of the Custodian FBO Depository, but will not be insured by the Federal Deposit Insurance Corporation (“FDIC”).   The FBO account is not a transaction account, shall not be used as a transaction account, and funds received by the Custodian FBO Depository are for a special or specific purpose, e.g., transfer to designated recipients after satisfaction of the express conditions of escrow or further instructions of custody, not for the purpose of making transfers to third persons or others, and not for use by the Custodian FBO Depository in its business.  Further, STAR 8 shall have no legal authority or right to make transfers of the funds to third parties other than designated recipients. 

The funds may be invested and reinvested by the Custodian FBO Depository as directed in writing by STAR 8 or its authorized representative until disbursed pursuant to these Terms; provided, however, the funds may not be used by the Custodian FBO Depository to make loans or investments for itself.   

The Custodian FBO Depository shall have no duty or responsibility to enforce the collection or demand payment of any funds deposited into the FBO Account.  If, for any reason, any incoming ACH or wire transfer deposits or credits funds inadvertently or erroneously into the FBO account, or such ACH or wire transfer must be reversed for any reason, the sole duty of the Custodian FBO Depository shall be to return the funds to the sender and so notify STAR 8. The Custodian FBO Depository may decline and return any funds sent by individuals, companies, or other sources that are not STAR 8-approved clients, or for any other reason, in its sole discretion.   

Any costs and expenses associated with declined payments shall be borne by you.  If a wire or ACH credit is rejected for any reason, the bank sending the funds may charge fees.  The Custodian FBO Depository will not be held responsible for any fees incurred in connection with rejected funds.  In no event will the Custodian FBO Depository be liable for consequential damages (including lost profits), extraordinary damages, special damages or punitive damages.  You shall bear all costs, fees, and related charges or damages as a result of rejected or declined ACH credits and wire transfers. 

Within one (1) business day of receiving written confirmation that the conditions of disbursement have been satisfied and after verifying the same, the Custodian FBO Depository shall release funds from escrow or custody and transfer the funds to the designated recipient (“Disbursements”).   

If, however, the Custodian FBO Depository receives written confirmation that the conditions of Disbursement have not been satisfied and verifies the same, the Custodian FBO Depository shall return the funds as directed by STAR 8. 

The Custodian FBO Depository shall not be required to pay, distribute, or otherwise disburse uncollected funds or funds that are not available for return or disbursement. 

Disbursements sent by wire denominated in United States dollars to an account denominated in a foreign currency may be converted into the applicable foreign currency by an intermediary bank or the receiving bank.  The Custodian FBO Depository may receive compensation in connection with any such conversion.  When this occurs, the intermediary bank or the receiving bank determines in its discretion the currency exchange rate.  The Custodian FBO Depository is not responsible for the exchange rate set by such intermediary bank or the receiving bank. 

The services provided by the Custodian FBO Depository pursuant to these Terms are only available for funds derived from transactions permitted by law and not otherwise prohibited by the Custodian FBO Depository. 

You may not deposit, or cause to be deposited, into the Escrow Account any funds connected to or derived from illegal, fraudulent or other prohibited activity, including but not limited to fraud and money laundering.  If the Custodian FBO Depository suspects that a STAR 8-approved client or a designated recipient may be engaging in or have engaged in a fraudulent, illegal or prohibited activity related to the funds or the custody/Escrow Account, including any violation of these Terms, access to the custody/Escrow Account may be suspended or terminated.  The Custodian FBO Depository may also, in its sole discretion, refuse any transaction, or refuse to complete any transaction that the Custodian FBO Depository has reason to believe is unauthorized or made by someone other than the company or may violate any law, rule or regulation, or if the Custodian FBO Depository has reasonable cause not to honor it.  Additionally, if necessary or appropriate, the Custodian FBO Depository may report any suspicious activity to the relevant law enforcement agency.  

Representations. You represent that you are duly authorized to do business in the United States; and your employees, officers, representatives, and other agents accessing STAR8Wallet are duly authorized to access STAR8Wallet and to legally bind you to these Terms and all transactions conducted under your username and password 

Authority of Officers and Employees. You agree that all officers, employees, agents, representatives and others having access to the username and/or password shall be vested by you with the authority to use the Services and to legally bind you. You shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by you, that access the Services using your username and password. TO THE EXTENT PERMITTED BY LAW, YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED OR OTHERWISE IMPROPER USE OF YOUR PASSWORD. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS. 

Receiving Payments and Prepaid Wallets. If you do not have a STAR8Wallet and receive a payment from a STAR8Wallet member you will have to sign up for a STAR8Wallet account in order to claim the funds. If you do not have a STAR8Wallet and receive a payment from a STAR8Wallet member and decide not to open a STAR8Wallet account or your account application is denied, you will not be able to claim the funds. Whenever you use your STAR8Wallet account to receive payments, you must pay any applicable fees as described on the Schedule of Service Fees and Charges for receiving the funds. By claiming ownership of funds in your STAR8Wallet, you acknowledge that these funds are intended for your receipt. Any funds that are not claimed within 30 days will automatically be returned to the sender.  

Secondary Payment Method: STAR 8 requires a credit card on file to be used as a secondary payment method. This backup is only charged when there are insufficient funds in your STAR8Wallet or if you authorize the credit card as your primary method. All credit card transactions have an additional 2.9% credit card processing fee and an $0.30 per transaction fee.

ACH Transactions

You acknowledge that it is your responsibility to provide correct payment instructions for your Funding Source to STAR 8 and its third-party service providers when requested in connection with the STAR8Wallet. You acknowledge that mismatched, incorrect, or incomplete identifying information regarding your Funding Source or in payment instructions to make a deposit or payment instructions may result in an ACH transfer being rejected, lost, posted to an incorrect account or returned to the bank that maintains your Funding Source without notice to you. You agree that STAR 8 and/or its third-party service providers may request, and that STAR 8 and/or its third-party service providers may make ACH transfers solely by reference to the account number of the recipient. STAR 8 and its third-party service providers shall not be obligated to determine whether there is a discrepancy relating to names or account numbers in transfers between any of your STAR 8 accounts and your buyers of your goods and services. 

You acknowledge that it is your responsibility to follow all of the NACHA Operating Rules including the rules on Return Ratios, as follows: 

  • Your total number of ACH debit returns with Unauthorized Return Reason Codes should not exceed 0.5% of your total ACH debits originated. 

  • Your total number of ACH debit returns with Administrative Return Reason Codes should not exceed 3% of your total ACH debits originated. 

  • Your total number of ACH debit returns for all Return Reason Codes should not exceed 15% of your total ACH debits originated. 

Should you exceed the stated threshold(s), we may contact you to inquire of the reason for the high return rate.  STAR 8 hereby reserves the right to take any action deemed necessary in the sole and absolute discretion of STAR 8, including, but not limited to, termination of your account. 

By agreeing to these Terms, you authorize STAR 8 to electronically debit and credit your designated deposit/credit card account at your designated depository financial institution (your “Bank Account”) via ACH and, if ever applicable, to correct erroneous debits and credits via ACH. You also acknowledge that you waive your right to receive prior notice of the amount and date of each debit and credit. 

You acknowledge that the electronic authorization contained in this Section represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until you notify STAR 8 that you wish to revoke this authorization by emailing compliancedept@star8financial.com or calling (310) 862-7987.  

ACH transactions to fund your STAR8Wallet, as per the governing NACHA Rules, will be processed with a Cash Concentration or Disbursement Code (CCD) representing a Contractual Obligation also known as a Trading Partner Agreement between you and STAR 8. If returned by your bank as unpaid, the subject funds must be returned by your bank to STAR 8 within 2 banking days. The unpaid return will be debited from your STAR8Wallet balance. The charge to your STAR8Wallet may create an unpaid obligation to STAR 8 if no funds are available in your STAR8Wallet.  STAR 8 reserves the right to pursue the collection of deficient balances in your STAR8Wallet. For Stop Payment and/or for Unauthorized Returns, you agree to cooperate in connection with any investigation concerning such transaction, including, but not limited to, providing STAR 8 upon request, written affidavit signed under the penalty of perjury.  

Financial Institutions must make disclosure of specific information when an account, such as yours, receives CCD (corporate credit or debit) electronic payments.  

Provisional Payment Disclosure.  Credit made to your account at STAR 8 with respect to CCD credit entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. If STAR 8 does not receive such final settlement, you are hereby notified and agree that STAR 8 is entitled to a refund of the amount credited to you in connection with such entry, and the party making payment to you via such entry (i.e. the originator of the entry) shall not be deemed to have paid you in the amount of such entry.  

Notice Disclosure.  Under the Operating Rules of the NACHA, which are applicable to ACH transactions involving your account, STAR 8 is not required to give next day notice to you of receipt of a CCD item, and we will not do so. However, we will continue to notify you of the receipt of payments in the periodic statements we provide to you.  

Choice of Law Disclosure.  STAR 8 may accept on your behalf payments to your account which have been transmitted through one or more ACH Operators and which are not subject to the Electronic Funds Transfer Act and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the state of California as provided by the NACHA Operating Rules, which are applicable to ACH transactions to and from your account. 

Credit Card Processing Fees. If a buyer decides to use a credit card to fund all or part of a payment, a credit card processing fee will be assessed in addition to the service fee. Either the buyer or seller may pay for the fee depending on what they mutually decide. If the seller decides to pay the fee the buyer must confirm consent was received from the seller to pay the credit card processing fee prior to initiating the transaction.  

Abandoned Property 

If you do not use the Services for a certain period of time, applicable state law may require us to report the funds in your STAR8Wallet account(s) as unclaimed property. If this occurs, we may try to locate you at the address shown in our records. If we are unable to locate you, we may be required to deliver any funds in your STAR8Wallet account(s) to the applicable state as unclaimed property. The specified period of time to report and deliver funds to a state varies by state, but usually ranges between two and five years.  You will find additional information on abandoned property at https://www.unclaimed.org/. STAR 8 may collect an inactive/abandoned account fee   as stated in our Schedule of Service Fees and Charges. 

Appointment of Paying Agent  

You hereby appoint STAR 8 Financial Inc. to serve as paying agent (in such capacity, “Paying Agent”) in connection with disbursements of funds from your account representing payment for goods or services other than money transmission. The Paying Agent hereby accepts such appointment pursuant to these Terms. When using the Services, the buyer agrees that STAR 8 Financial Inc. can process the payment and charge the buyer’s credit card or debit the buyer’s bank account and credit the seller’s bank account. You acknowledge that the appointment will remain in full force and effect until you notify STAR 8 that you wish to revoke this appointment by emailing compliancedept@star8financial.com or calling (310) 862-7987. 

Payments Made under Appointment of Payment Agent. Payment is treated as received by the payee upon receipt by the Paying Agent. 

Liability of Assigned Payment. The assignment of a payment by a seller member to another STAR8Wallet member not associated to the purchase or sale for goods or services does not release the seller member of any liability to STAR 8 Financial Inc. from any and all claims, liabilities, obligations, promises, agreements, disputes, damages, causes of action of any nature and kind which the seller member has or may have in the future arising out or related to such assignment of payment. 

Holds, Limitations, and Reserves  

Under certain circumstances, in order to protect STAR 8 and the security and integrity of the network of buyers and sellers that use the Services, STAR 8 may take account-level or transaction-level actions. Unless otherwise noted, if we take any of the actions described here, we’ll provide you with notice of our actions, but we retain the sole discretion to take these actions. To request information in connection with an account limitation, hold or reserve, you should email compliancedept@star8financial.com or call (310) 862-7987.  

Our decision about holds, limitations and reserves may be based on confidential criteria that are essential to our management of risk and the protection of STAR 8, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your STAR 8 account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you. 

In order to facilitate STAR 8’s actions described above and allow us to assess the level of risk associated with your STAR 8 account, you agree to cooperate with STAR 8’s reasonable requests for financial statements and other documentation or information in a timely fashion.  

Placing Holds. A hold is an action that STAR 8 may take under certain circumstances either at the transaction level or the account level. When STAR 8 places a temporary hold on a payment, the money is not available to either the sender or the recipient. STAR 8 reviews many factors before placing a hold on a payment, including: account tenure, transaction activity, business type, past customer disputes, and overall customer satisfaction. Some common situations where STAR 8 will hold payments include: 

  • New sellers or sellers who have limited selling activity; and  

  • Sellers who have performance issues, or a high rate of buyer dissatisfaction or disputes. 

Holds Based on STAR 8’s Risk Decisions. We may place a hold on payments sent to your STAR 8 account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your STAR 8 account, or your transactions or that placing such a hold is necessary to comply with state or federal regulatory requirements. We make decisions about whether to place a payment hold based on a number of factors, including information available to us from both internal sources and third parties. When we place a hold on a payment, the funds will appear in your STAR 8 account with an indication that they are unavailable or pending. We’ll notify you, either through your STAR 8 account or directly by phone or email, whenever we place a hold. 

Risk-based holds generally remain in place for up to 21 days from the date the payment was received into your STAR 8 account. We may release the hold earlier under certain circumstances, but any earlier release is at our sole discretion. The hold may last longer than 21 days if the payment is challenged as a payment that should be invalidated and reversed based on a disputed transaction as discussed in the following paragraph. In this case, we’ll hold the payment in your STAR8Wallet account until the matter is resolved (but no longer than 180 days). 

Holds Based on Disputed Transactions. If a payment sent to you as a seller is challenged as a payment that should be invalidated and reversed, we may place a temporary hold on the funds in your STAR 8 account to cover the amount that could be reversed. If we determine the transaction should not be reversed, we’ll lift the temporary hold. If we determine the transaction should be reversed, we’ll remove the funds from your STAR 8 account. 

Account Limitations. Limitations on accounts are implemented to help protect STAR 8, buyers and sellers when we notice Prohibited Transactions and Restricted Activities (defined below), an increased financial risk, or activity that appears to us as unusual or suspicious. Limitations on accounts also help us collect information necessary for keeping your STAR 8 account open. 

There are several reasons why your STAR8Wallet account could be limited, including: 

  • If we suspect someone could be using your STAR8Wallet account without your knowledge, we’ll limit it for your protection and look into the fraudulent activity;

  • If your debit or credit card issuer alerts us that someone has used your card without your permission;

  • If your bank lets us know that there have been unauthorized transfers between your STAR8Wallet account and your Bank Account;

  • In order to comply with applicable law;

  • If we reasonably believe you have breached or violated these Terms;  or

  • If seller performance indicates your STAR8Wallet account is high risk, including if there are indications of poor selling performance because you’ve received an unusually high number of claims and chargebacks, selling an entirely new or high-cost product type, or if your typical sales volume increases rapidly. 

You will need to resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect STAR 8, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability. 

Release 

You understand that when you send a payment, you will have no ability to stop it. You may only cancel a payment if the business to whom you sent the money has not yet enrolled in the STAR8Wallet Service. If the business you sent money to has already enrolled with the STAR8Wallet Service, the money is sent directly to their wallet and may not be canceled or revoked. We therefore recommend that you use the STAR8Wallet Service to send money only to businesses you know and trust. If you have a dispute with one or more users, you release STAR 8 and its respective officers, directors, employees, and agents from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. 

If you have a payment dispute, collections must be settled directly between the buyer and seller. If you need the payment returned, please have the recipient send you a payment for the same amount. Upon return, you can transfer those funds from your STAR8Wallet account to your Bank Account. STAR 8 can only reverse a payment if the recipient gives their explicit permission, their account is in good standing, and they still have the funds available in their STAR8Wallet. STAR 8 cannot reverse a payment at the sender’s request. 

Protection From Unauthorized Transactions And Other Errors 

To protect yourself from unauthorized activity in your STAR8Wallet account, you should regularly log into your STAR8Wallet account and review your STAR8Wallet account statement. STAR 8 will notify you of each transaction by sending an email to your primary email address on file. You should review these transaction notifications promptly to ensure that each transaction was authorized and accurately completed.   If you believe your STAR 8 login information has been lost or stolen or a transaction you did not authorize appears on your statement, please contact STAR 8 immediately at compliancedept@star8financial.com or (310) 862-7987.

STAR 8 is not liable for the money sent from your STAR8Wallet account that you did not authorize and that did not benefit you (an “Unauthorized Transaction”), unless the Unauthorized Transaction occurred because of STAR 8’s negligence, bad faith or breach of these Terms. STAR 8 may, in its sole direction, extend the Unauthorized Transaction protection to you to the extent the Custodian FBO Depository provides the same.

Processing Errors. We will rectify any processing error that we discover. We will take the following actions in connection with processing errors: 

  • If you receive less than the correct amount to which you were entitled, then we will credit your STAR8Wallet account for the difference between what you should have received and what you actually received. 

  • If you receive more than the correct amount to which you were entitled, then we will debit your STAR8Wallet account for the difference between what you actually received and what you should have received. 

Processing errors do not include: 

  • Delays that result from STAR 8 applying holds, limitations or reserves;

  • Delays based on a payment review; or

  • Your errors in making a transaction (for example, mistyping an amount of money that you are sending). 

Account Suspension/Termination. We may close any STAR8Wallet account at any time with reasonable notice to you and credit any funds held in such STAR8Wallet account to your Bank Account at the time of termination. The closing balance may be determined by considering any unpaid transfers, fees, or other anticipated ACH charges governed by the ACH Operating Rules. If any STAR8Wallet account balance has a deficit, we may pursue collection of such amount. In some cases, such as when we cannot verify your identity or we suspect fraud, it might be reasonable for us to give you notice after the change or account closure becomes effective. For instance, if we suspect fraudulent activity with respect to your account, we reserve the right to immediately freeze or close your STAR8Wallet account and then give you notice. 

If we suspect an Unauthorized Transaction, Prohibited Transactions, or Restricted Activities relating to any STAR8Wallet account or that the account was created based on fraudulent information or for a fraudulent or illegal purpose, we may freeze the account pending further investigation and will notify you to the extent permitted by law of the end result of that investigation. 

You may close your account and terminate your relationship with us without cost, but you will remain liable for all obligations related to your account even after your account is closed. Any incomplete transactions or transfers must be completed or canceled and you must transfer any money from your account before closing it. 

In certain cases, you may not close your account, including: 

  • To evade an investigation;

  • If you have a pending transaction or an open dispute or claim; 

  • If you owe amounts to us; or

  • If your account is subject to a hold, limitation or reserve. 

Receiving Funds, Holding a Balance or Transferring Funds. Money sent to your account can be held directly as part of the balance in your account. The balance functionality in your account will differ depending on whether we have been able to verify the required identifying information that you provide to us. 

The required identifying information is: 

  • For sole proprietorships: name, physical address, date of birth, taxpayer identification number, and proof that you are in the jewelry business; or 

  • For other types of business legal entities: business name, business address, taxpayer identification number, proof that you are in the jewelry business, and proof of business existence. 

If we have not verified the required identifying information, a balance in your account can only be held in your STAR8Wallet account and transferred to a linked Bank Account. Your balance may also be used to fund payments or money owed to STAR 8, such as monies owed for refunds or chargebacks. 

If we have verified the required identifying information, a balance can be held in your account, transferred to a linked Bank Account or debit card, used to make purchases or send money to others. 

If you have an account and we have verified the required identifying information that you have provided to us, you may transfer money to the balance of your account from any bank account linked to your account by requesting an electronic transfer from your Bank Account. If we have not verified the required identifying information that you have provided to us, you cannot add funds to your balance in the account. 

You can withdraw balance from your account by transferring it via a standard transfer to a Bank Account linked to your account. 

Any balance you hold in your account represents an unsecured claim against STAR 8 and is not insured by the FDIC. 

STAR 8 is not a bank and does not itself take deposits. You will not receive any interest on the funds held with your account.  STAR 8 will neither use these funds for its operating expenses or any other corporate purposes nor will it voluntarily make these funds available to its creditors in the event of bankruptcy. 

No surcharges.  You agree that you will not impose a surcharge or any other fee for accepting the STAR8Wallet Service as a payment method or delivery method. You may charge a handling fee in connection with the sale of goods or services as long as the handling fee does not operate as a surcharge and is not higher than the handling fee you charge for non-STAR8Wallet transactions. 

Restrictions on Transfers or Withdrawals from Accounts. To protect us, third party service providers, and our users from loss, we may delay a withdrawal, in certain situations, including if we need to confirm that you have authorized the withdrawal or if other payments to your account have been subject to a reversal (for example, as a result of a chargeback, bank reversal or dispute by a buyer). If we place a limitation on your account, a payment is subject to a hold, or your account or an associated account has a negative balance in any currency while a withdrawal from your account is pending, you will have to reinitiate the withdrawal once the limitation or hold has been lifted, or negative balance is fully paid off. 

We may set limits on your withdrawals, and you can view any withdrawal limit by logging into your account. Providing required identifying information and supporting documentation can help us verify your account, which may allow us to remove any withdrawal cap. 

Refunds, Reversals and Chargebacks.  If you receive a payment for selling goods or services that is later refunded or invalidated for any reason, you are responsible for the full amount of the payment sent to you plus any fees (including any applicable chargeback fee described below). Whenever a transaction is refunded or otherwise reversed, STAR 8 will refund or reverse the transaction from your STAR8Wallet account.  When a payment is reversed or refunded through STAR8Wallet, you will not receive any of the processing fees you originally paid on the transaction. 

When you receive a payment, you are liable to STAR 8 for the full amount of the payment sent to you plus any fees if the payment is later invalidated or reversed for any reason.  If the balance in your STAR8Wallet account doesn’t cover the payment amount due plus the fees, we may use any of the payment methods linked to your STAR 8 account to cover the amount due. If the payment methods linked to your STAR8Wallet account don’t cover the amount due, this will result in a negative balance.  A negative balance represents an amount that you owe to us, and, in this situation, you must immediately add funds to your balance to resolve it. If you don’t, STAR 8 may: 

  • Engage in collection efforts to recover the amount due from you; 

  • Take any or all action as outlined under “Amounts Owed to STAR 8”; or 

  • Place a limitation or take other action on your STAR8Wallet account as outlined under Holds, Limitations, and Reserves.

 

Chargeback fees. If you receive a debit or credit card-funded payment through your STAR8Wallet account and the buyer pursues a chargeback for the transaction with their card issuer, then STAR 8 will assess you with a chargeback fee (for facilitating the chargeback process) regardless of whether the buyer is successful in pursuing the chargeback with the card issuer. The applicable chargeback fee will be deducted from your STAR8Wallet account. The chargeback fee is $35.

Amounts Owed to STAR 8.  If the balance in your STAR8Wallet account becomes negative for any reason, that negative balance represents an amount that you owe to STAR 8. STAR 8 may deduct these amounts from funds that are added to your STAR8Wallet account later, either by you or from payments you receive. If you and your affiliates collectively have more than one STAR8Wallet account, we may set off a negative balance in one STAR8Wallet account against a balance in your or your affiliates’ other STAR8Wallet account(s), including a cash account. If you continue using your STAR8Wallet account when it has a negative balance, you authorize STAR 8 to combine the negative balance with any debit or transaction sent from your Bank Account when that combination is disclosed to you in advance of initiating the debit or transaction. 

In addition to the above, if you have a past due amount owed to us, our affiliates, or partners, STAR 8 may debit your STAR8Wallet account to pay any amounts that are past due. 

Assumption of Rights. If STAR 8 invalidates and reverses a payment that you made to a recipient (either at your initiative or otherwise), you agree that STAR 8 assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in STAR 8’s discretion. 

TERMS APPLICABLE TO STAR8SHIP SERVICE

Scope of STAR8Ship Service: By using the STAR8Ship Service, you appoint us as your agent in arranging the shipment of your goods, which includes the procurement of one or more common carriers and third party service providers to provide the carriage and insurance of your goods.

The benefits of the subscription program offered by STAR 8 only apply to your STAR8Ship account and Approved Pick-Up Locations (as defined below). The STAR8Ship Service is subject to the following:

  • Shipping of eligible items, which are determined in STAR 8’s sole discretion (“Eligible Products”) are only shipped through any approved FedEx shipping center that is staffed by FedEx employees (“Approved Pick-Up Locations”).

  • Eligible Products must be clearly identified as such on the STAR8Wallet.com website    .

  • Designation of Eligible Products is subject to change at any time at STAR 8’s sole discretion.

  • The maximum insured value of $10,000 (for STAR8Ship Subscription Members) or $50,000 (for STAR8Ship+ Subscription Members) is limited to the invoice value of the item and will require specific verification.

  • The STAR8Ship Service only applies to shipments placed by you within the 48 contiguous United States for shipment by you or customer locations in the 48 contiguous United States.

  • STAR 8 may partner with or use third-party carriers to complete shipments or offer its STAR8Ship Service. Any STAR8Ship Service is subject to the legal, contractual, and regulatory requirements of any agreement that STAR 8 enters into with such carriers in order to offer its STAR8Ship Service.

STAR8Ship Individual Membership Subscription Tier Benefits: The following benefits will apply to each membership tier for STAR8Ship (“STAR8Ship Subscription Member Tier”):

  • STAR8Ship Subscription Members: $99.00 per month, billed monthly. Members may cancel at any time. Months will not be prorated. Customer will receive standard overnight shipping at $25 per package with insurance of up to $10,000 (capped based on the invoice) in insured value for Eligible Products weighing no more than 1 pound in total package volume. Packages shipped above this weight will be subject to additional handling surcharges as detailed by the Schedule of Service Fees and Charges.

  • STAR8Ship+ Subscription Members: $199.00 Per Month, billed monthly. Members may cancel at any time. Months will not be prorated. Customer will receive Standard Overnight shipping at $22 Per Package with Insurance on up to $50,000 (capped based on the invoice) in insured value for Eligible Products weighing no more than 1 pound in total package volume. Packages shipped above this weight will be subject to additional handling surcharges as detailed by the Schedule of Service Fees and Charges.

Ability to Engage Common Carriers. You authorize STAR 8 to arrange shipments on your behalf, which may include engaging common carriers and other third party service providers. You agree to be bound by any such agreements entered into by STAR 8 and the third-party carriers or service providers. You may also engage your selected carriers or third party service providers through your STAR8Ship account    .

Insurance Policy: STAR 8 is not an insurance company. STAR 8 will procure insurance from an insurance provider on your behalf. However, when you engage your own carrier, you may choose to decline this service and instead declare value with the carrier directly. Please note that you must arrange for insurance coverage through STAR 8 if the carrier and service provider are engaged by STAR 8 on your behalf. If you wish to use STAR 8’s insurance policy to cover your shipment, only declare value directly with STAR 8 and do not declare value with the carrier. If you wish for STAR 8 to obtain excess liability insurance coverage with a common carrier on your behalf, you must provide written instructions to STAR 8 to do so, subject to applicable fees.

STAR 8 is the only named insured under the insurance policy that STAR 8 procures on your behalf, and the coverage only extends to shipments that STAR 8 determines to be eligible to be included under the insurance policy. STAR 8 will issue you a confirmation number for such confirmed shipment. STAR 8 in its sole discretion may decline to extend insurance coverage to certain shipments. Subject to certain limitations and exclusions, the goods are insured for physical loss and/or damage that occurs during the course of transit. The following provides a general summary of the terms of STAR 8’s insurance coverage:

  • Insurance coverage extends solely to jewelry, time pieces, precious metals, and pearls and other gemstones. With approval, STAR 8 may, in its discretion, extend insurance coverage to other goods.

  • Your goods will only be insured for the invoice amount you provide. You are responsible for declaring the amount that your goods are invoiced at and be prepared to present the documentation to prove the value.

  • Your Certificate of Insurance   will determine your maximum coverage(s). Notwithstanding the foregoing, the maximum coverage will not exceed the value of your goods being shipped as stated on your invoice. No customer deductible will apply unless otherwise noted in the Certificate of Insurance.

  • Insurance coverage will only extend to shipments made through STAR 8’s designated carriers and for shipments requiring signature upon delivery. Any shipment that does not obtain a signature upon delivery will not be covered by the insurance policy, unless the carrier failed to obtain a signature through no fault of your own and without your knowledge.

  • Each time a STAR 8 member uses the STAR8Ship Service, they must confirm that there is not a release of claim on file at the receiving address for the insurance coverage to apply to such shipment.

  • Insurance coverage for your goods being shipped will start once they are tendered or retrieved by STAR 8’s designated carrier, as determined by carrier tracking information. The insurance coverage will continue until the earlier of fourteen (14) days from retrieval or tendering of the goods or until delivery of the package. Goods are deemed delivered when the receiving party signs for the goods or any representative of the receiving party at the receiving address signs for the goods. Representatives of the receiving party include concierges, doormen, personal assistants, residents, or any other individual with apparent authority to accept delivery. If a covered shipment is returned to the shipper because of refusal or inability of the receiving party to accept delivery, your insurance coverage will extend for an additional thirty (30) days from the date the goods were tendered or retrieved by STAR 8’s designated carrier or until the goods were redelivered to the receiving party, whichever is sooner. Delivery of goods will be determined by the tracking information of STAR 8’s designated carrier.

  • If you or the receiving party do not cooperate with STAR 8 or its designated carrier, are unresponsive, or in any manner interfere with the delivery of the goods, STAR 8 may cancel your insurance coverage. If such an event occurs, it will be your responsibility to prove any losses that occurred during shipment, including those that occurred prior to STAR 8 canceling your insurance coverage.

  • The insurance policy is subject to certain exclusions, which include:

    • Seizure of goods, including seizures by customs authorities;

    • War risks for domestic U.S. shipments;

    • Radioactive contamination;

    • Delay;

    • Inherent vice;

    • Loss of, damage to or breach of data or other non-tangible content;

    • Fraud by you, the shipper or receiving party;

    • Cyber attacks;

    • Illicit trade;

    • Concealed damages and losses (within sealed packages delivered intact);

    • Mechanical/electronic derangement to used or unsealed new merchandise;

    • Damages attributable to insufficient packing;

    • Breakage to fragile and delicate items such as those used for clocks or glassware;

    • False/erroneous information provided by you, the shipper or receiving party;

    • Package labels being changed or revised in the course of transportation for the purpose of fraudulent redirection;

    • Shipments being sent as a result of fraud or trick upon the customer, shipper and/or consignee (including but not limited to product orders made by imposters); and

    • Abandonment by you, the shipper or the consignee.     

  • Insurance policy coverage also does not extend to all risks of a shipment being re-routed, stopped in transit or retrieved at a point other than the original designated delivery address that results due to fraud or impersonation.

  • In the case of “cash on delivery” shipments, STAR 8’s insurance policy does not cover the payments for the goods and services sold, including their collection or return, though the shipment in transit will be covered.

  • STAR 8’s insurance policy does not cover consequential and indirect damages, such as lost profit, depreciation, or diminution in value as a result of repair.

  • To the extent a portion is lost or damaged to pairs or sets, you may only recover the value of the portion that is damaged or lost, not the value of the entire pair or set.

  • Upon delivery of the goods, the receiving party must immediately and carefully inspect the goods in front of STAR 8’s designated carrier’s delivery personnel for damage, loss, tampering, or other defects in the shipped goods or packaging. If any defects are discovered, the receiving party must make written exception with the designated carrier’s delivery personnel. Unless the entire shipment is lost during transit prior to delivery, you will not be able to make any insurance claims for loss or damages to goods that is later discovered if the receiving party fails to make such written exception at the time of delivery.

  • For any claim to be considered by the insurance underwriter, you must report any loss or damage of insured goods to STAR 8 in writing within sixty (60) days from the delivery of such goods as determined by the designated carrier’s tracking information or sixty (60) days from the date the shipment should have reasonably been delivered to receiving party. If the shipment is returned for a reason covered by the insurance policy, you will have seventy-five (75) days to provide a written report of any loss or damage to insured goods to STAR 8.

  • If you make a claim, you warrant that you are the sole owner of such claim and that you have not released any third party from liability for the claim. All determinations regarding claims, including settlements and insurance coverage, will be in the exclusive purview of the insurance underwriter. You, the shipper and receiving party must fully cooperate with the investigation of any claim, including by providing all documentation and information as needed. In certain circumstances, this cooperation may require you to provide information under oath. The insurance underwriter’s determination of any claim will be final. If the insurance underwriter disputes liability or coverage for any reason, you will have no recourse against STAR 8 and STAR 8 will not be under any responsibility or liability for the claim. Unless prohibited by applicable law, any dispute between you and the insurance underwriter shall be resolved in the same manner as disputes between STAR 8 and you.

  • Payment of a claim by the insurance underwriter shall not set a precedent for any future claim and shall be without prejudice to any rights, remedies or defenses to the insurance underwriter’s benefit. If any payment is made on a claim, the insurance underwriter is automatically assigned and subrogated to any and all rights of recoveries against all third parties relating to the claim, including but not limited to the designated carrier. You agree you will cooperate with subrogation efforts by the insurance underwriter and you hereby allow the insurance underwriter to pursue claims with, and file legal actions against, third parties in your name. All subrogation recoveries from third parties by the insurance underwriter shall be the sole property of the insurance underwriter.

  • The terms and conditions of STAR 8’s insurance policy shall control and determine insurance coverage. To the extent that these Terms contradict or do not mirror the terms of the insurance policy, the insurance policy shall control and be binding. Upon written request to STAR 8, we will provide you the name and contact information of the insurance underwriter and a copy of the insurance policy. As long as the coverage substantially matches the coverage described in these Terms and there is no interruption of coverage, STAR 8 may change insurance underwriters and modify coverage at any time and without notice to you.

On-Demand Usage Purchases: Your on-demand usage of shipping label creation, insurance coverage, and shipment, is charged per shipment, per package as denoted by your STAR8Ship Subscription Membership tier. On-demand usage of purchases of shipments, labels and coverage are not refundable. As soon as your label is processed, your account will be billed. You authorize us to store your payment method(s) and charge it for all your purchases until you change your payment method. You can edit your payment information anytime in your STAR8Financial account page.

Accessorial and Applicable Service Charges: STAR 8 reserves the right to bill for Accessorial Charges and Applicable Service Charges, which are made by the courier. These are in addition to your on-demand usage charge as stated above at your respective tier. Additional fees and service charges are available in the Schedule of Service Fees and Charges.

  • Additional Insurance: Any declared value coverage above, as applicable, $10,000.00 or $50,000.00 in your STAR8Ship or STAR8Ship+ respective shipments is charged at a $0.15/$100.00 USD coverage. STAR8Ship accounts are capped at $10,000.00 coverage.

  • Weight Overages: STAR 8’s on-demand usage covers up to 2 pounds in total shipping weight, including any packaging, inserts, and double boxing. Any additional weights are charged by the pound (as per the carrier) and billed at $3.50/lb.

  • Address Change: Any address change as made by the customer or the receiving party, is subject to an additional fee (“Address Change fee”).

  • Saturday Delivery: Packages set for Saturday delivery are subject to a Saturday delivery surcharge. While packages are set to deliver on Saturday, the carrier will only attempt one delivery. Packages not received, regardless of reason, will not be eligible for a credit.

  • Residential Delivery: Packages set for residential delivery are subject to a residential delivery surcharge. It is your responsibility to notate a residential address. Failure to do so may result in additional surcharges from the carrier that will be passed down to you.

  • Out of Service Area: Packages sent to addresses deemed “Out of Service” or “Rural” by the carrier are subject to a surcharge.

  • Hawaii and Alaska: STAR 8’s on-demand usage covers the shipping of packages in the continental United States. Hawaii and Alaska have an additional per package surcharge.

  • Fuel Surcharges: Our carrier may bill fuel surcharges as based off the carrier’s listed schedule at https://www.fedex.com/en-us/shipping/fuel-surcharge.html.

Autopay: When setting up your subscription, you may set up autopay. This autopay feature allows STAR 8 to bill you monthly for the subscription fee on a specified date every month until cancelled.

For Your Use Only: STAR8Ship and Star8Ship+ subscription memberships are for your individual business use only. You should not use it for personal, household or consumer purposes. Resale, redistribution, or sharing your account is strictly prohibited. Any member suspected of reselling or sharing their account will result in an immediate suspension of your account and is subject to an account adjustment that matches the suspected number of outside subscriptions (e.g., if 3 people are suspected of using this same account, we reserve the right to bill you our subscription rate x 3). Each shipping location requires an additional STAR8Ship or STAR8Ship+ subscription.  

STAR 8 Compensation: As described in the Schedule of Service Fees and Charges, you will also be responsible for all duties and taxes for your shipments. If such duties or taxes are charged or paid by STAR 8, such amount charged or paid by STAR 8 will be billed to you. In addition, STAR 8 will charge an administrative fee to the credit card associated with your account of up to $100 each time it is charged or billed for duties or taxes. The shipper, receiving party, and you shall be jointly and severally liable for all charges owed to STAR 8 and for any fines, penalties or other damages or liabilities to third parties incurred by STAR 8 as a result of any shipment.

If you cancel your shipment prior to tendering the package, all charges made to your account shall be refunded. However, charges not covered by STAR 8’s insurance policy will not be refunded. STAR 8 shall have a general lien for all outstanding charges, expenses or advances incurred by us in connection with any of your shipments on any claim settlement and on all goods which are pending delivery. All outstanding charges must be paid within thirty (30) days of us sending you written notice of a lien. If such charges are not satisfied within thirty (30) days, STAR 8 has the right to deduct such charges, expenses or advances from any claim payment owed to you and/or to sell goods at public or private sale or auction. STAR 8 has the right to use the net proceeds that may be derived from such private sale or auction to satisfy any claim payment owed to us, provided that once satisfied, the remaining proceeds shall be paid or refunded to you.

Shipping Rules: STAR 8’s insurance policy will extend to goods shipped by approved customers who comply with the following rules:

  • Prior to shipping goods, you must provide the receiving party notice that you plan to ship goods to them. Such notice must include the content of the shipment, the receiving party’s obligation to carefully inspect the goods and make written exception of defects in the presence of the designated carrier’s delivery personnel, the receiving party’s obligation to report non-delivery, and that the receiving party’s failure comply with such directions will prevent recovery under STAR 8’s insurance policy.

  • All shipping goods and contents must ship in a double box, the shipment must use new materials (i.e. boxes and packaging)

  • A tracking number must be affixed to the inner box. The inner box must not be a small jewelry box which could be easily identified as such and/or discarded.     Envelopes and packages are eligible for limited coverage.

  • STAR 8 will provide you a built-in carrier number. You must use that account number whenever preparing to ship goods using STAR 8. You may only use your own account number with the carrier if it has been designated by STAR 8 as an approved carrier for your shipments.

  • All shipments must be packaged and sealed properly to avoid being damaged during a regular transit. Except for certain STAR 8-staffed shipping events, where you can drop off the shipments with STAR 8 staff, you must bring your shipments to a designated carrier location or hand to a designated carrier staff driver. You must obtain a receipt for any packages dropped off at a retail location. Do not use unmanned drop boxes or any location without carrier staff.

  • You must report any package dropped, tendered or received for shipping to STAR 8 on the same day it was tendered or received by STAR 8 designated carriers. Failure to do so may mean that your package will not ship with a STAR 8 confirmation number, and as a result it will not be insured under STAR 8’s insurance policy.

  • You are responsible for providing the value of the goods you are shipping for insurance coverage. If you fail to provide the value of the shipped goods, such goods will not be insured and your recovery will be limited to US$100 or less.

  • Unless specifically directed by STAR 8 in writing or required by international customs regulations, you must not indicate that you are shipping high value goods in any way on the packaging or accompanying documentation.

  • Unless specifically directed by STAR 8 in writing, you must not declare a value for liability or any other purpose with the designated carrier or other third party service provider.

  • Your daily shipping report is confidential information, and must be treated as such. Unless specifically directed by STAR 8 in writing, you must not disclose that information, including to the designated carrier, or include such information in the package of the shipped goods.

  • On packages sent from New York zip codes 10036, 10017 and from Los Angeles zip codes 90013, 90014, 90015, 90016 and 90017, the designated carrier must use an alternate address on their waybill. STAR 8 can provide an alternative address in such situations upon request.

  • If you are sending a package to New York zip codes 10036 or 10017 with a declared value for insurance of US$5,000 or more, the shipment is subject to special permission and instructions. Similar special permission and instructions apply to all packages sent to Los Angeles zip codes 90013, 90014, 90015, 90016, 90017 or to Beverly Hills area zip codes 90048, 90209, 90210, 90211, 90212, 90213. For shipments not generated using STAR 8’s online tools (mobile applications or API), call STAR 8 for additional information and instructions. STAR 8 may need to implement special permission and instruction requirements for other regions, and will provide notice in such situations.  

  • STAR 8 and the insurance underwriter will rely on the information and documents that you provide. If you provide inaccurate or incomplete information, or if you fail to provide all necessary documentation required by STAR 8 to ship your goods, it may void your insurance coverage and you may incur personal losses and liabilities.

  • If you submit a claim for damages under STAR 8’s insurance policy, you must preserve the package, in cartons, packing and contents until STAR 8 or the insurance underwriter have the opportunity to inspect them. If you do not preserve the package, in cartons, packing and contents for inspection, you will not be able to make a claim under the insurance policy for lost or damaged goods.

  • STAR 8 does not ship to excluded countries and territories, including countries subject to U.S. sanctions or import and export restrictions, including restrictions imposed by U.S. Export Administration Regulations (“EAR”), International Traffic in Arms Regulations (“ITAR”), the Office of Foreign Assets Control (OFAC), and the Financial Crimes Enforcement Network (“FinCEN”). Star 8 will inform you if a shipment’s destination address is to a restricted country.

STAR8Ship Tracking (“STAR 8 Tracking”): STAR 8 offers its members an additional program that monitors your shipments and provides claims data analysis for eligible shipments in the United States through its STAR 8 Tracking service. If you and your shipments qualify, STAR 8 will apply the charges for STAR 8 Tracking to your account for other STAR 8 services and solutions. If you use STAR 8 Tracking and have no additional STAR 8 services, you will be independently billed for the STAR 8 Tracking services. You acknowledge and agree that STAR 8 will not be responsible for any information provided through STAR 8 Tracking and that all information is provided “as is.” Furthermore, STAR 8 disclaims any and all warranties in connection with STAR 8 Tracking, whether express or implied, including the accuracy or completeness of information provided. STAR 8 will be not be held liable for any damages that arise from STAR 8 Tracking and will be indemnified pursuant to these Terms. By using STAR 8 tracking, you acknowledge and agree that STAR 8 retains all rights to data you provide while using the STAR 8 Tracking services. You agree to not sell, transfer, share, sublicense or otherwise distribute data obtained through STAR 8 Tracking with any third party.

TERMS APPLICABLE TO BOTH STAR8WALLET SERVICE AND STAR8SHIP SERVICE

Your Consent To Use Electronic Signatures And Communications (“E-Sign Consent”) 

E-Sign Consent. To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under these Terms and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to these Terms electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below. 

As a Registered User (as defined below) of the STAR 8 Platform, and by your acknowledgment of these Terms, which you grant by using or accessing the Services or by clicking to agree to these Terms when that option is made available to you, you explicitly consent to receive emails, push notifications and text messages from us regarding our Services. Please be aware that should you choose to receive messages via text message, standard data and messaging rates may apply.  We may from time to time send you push notifications or email messages with information about upcoming events, or information about our service offerings from us and our members. You may opt-out from receiving such correspondence by emailing compliancedept@star8financial.com or calling (310) 862-7987. 

Your Right to Withdraw Your Consent. Your consent to receive communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further communications electronically at any time by contacting us at compliancedept@star8financial.com or  (310) 862-7987. If you withdraw your consent to receive communications electronically, we will close your STAR 8 account and return the available balance in your STAR 8 account to your Bank Account as set forth in these Terms, and you will no longer be able to use your STAR 8 account or the Services, except as expressly provided in these Terms. Any withdrawal of your consent to receive communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive communications electronically will not apply to communications electronically provided by us to you before the withdrawal of your consent becomes effective. 

Copies of Communications. You should print and save and/or electronically store a copy of all communications that we send to you. 

Hardware and Software Requirements. In order to access and retain communications provided to you electronically, you must have: (1) a valid email address; (2) a mobile device (such as tablet or smart phone) that operates on a platform like Windows, MacOS or iOS; (3) a connection to the Internet; (4) a Current Version of Internet Explorer 8 (or higher), Mozilla Firefox 7.0, Safari 5, or Chrome 15; (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (6) a device and an operating system capable of supporting all of the above; and (7) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher. We may alter, suspend, or discontinue the STAR 8 Platform and/or our Services, in whole or in part, at any time and for any reason, without notice. We may restrict access to portions of our STAR 8 Platform and/or Services, for some or all users, from time to time. The STAR 8 Platform may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. 

Changes. We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic communications or to terminate or change the terms and conditions on which we provide electronic communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms on the website and the STAR 8 Platform or by delivering notice (which may be delivered electronically) to you of such termination or change. 

Disclaimer Regarding Use Of The Internet 

Use of STAR 8’s Platform may be available through a mobile/portable device, internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile/portable device and telecommunications provider. STAR 8 MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES. 

STAR 8 is committed to providing continuous customer service and support; however, we recognize that there are potential risks that could disrupt our ability to serve you. We are confident that we have taken the necessary steps that will allow us to reduce or eliminate the impact of a business disruption. 

Registered Users  

Our Services are reserved for individuals that create an account and register with us (“Registered Users” or “members”). In order to become a Registered User, we will ask you to complete a registration form, and also to select a username and create a password (“Login Credentials”). During any such registration, you are required to give truthful contact information (including your name, email address and mobile phone number) and certain financial information (such as your primary Bank Account information and other account login information). You may also need to provide information regarding the nature of your business activities, your representatives, beneficial owners, principals, or any other pertinent information. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. Unless otherwise required by law, we are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. You agree that you will maintain and promptly update your User Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect such, we reserve the right to terminate your account and refuse any and all current or future use of the STAR 8 Platform or the Services by you. 

Changes To Your Business, Keeping Your Star 8 Account Current 

You agree to keep the information in your STAR 8 Financial account current. You must promptly update your STAR 8 Financial account with any changes affecting you, the nature of your business activities, your representatives, beneficial owners, principals, or any other pertinent information. YOU MUST KEEP YOUR CONTACT INFORMATION CURRENT WITH US. In addition, if we request additional information, in order to comply with legal or regulatory requirements, professional standards, or internal company policies, as they may be updated, changed, enacted, implemented, or amended from time to time, you agree to promptly provide the additional information.  In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile by contacting us at help@star8financial.com or (310) 862-7987. 

We may suspend your STAR 8 Financial account or terminate these Terms if you fail to keep this information current. 

STAR 8 may terminate your account(s), at any time upon notice to the email address provided by you as part of your User Information. Any funds held in your STAR8Wallet account(s) at the time of termination will be credited to your Bank Account. 

Alerts

STAR 8 may from time to time provide automatic alerts. Automatic alerts may be sent to you following certain changes made online to your User Information, the Services, or your accounts. Electronic alerts will be sent to the email address or mobile number you have provided. If your email address or your mobile number changes, you are responsible for informing us of that change. Changes to your email address or mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your password. However, alerts may include your STAR 8 username and some information about your Bank Accounts. 

Disclaimer. You understand and agree that any alerts provided to you through the STAR 8 Platform may be delayed or prevented by a variety of factors. STAR 8 does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that STAR 8 shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. 

Schedule of Service Fees and Charges 

STAR 8’s service fee is non-refundable, except as otherwise required by applicable law. We may change the amount of the service fee from time to time in our sole discretion. We will notify you in advance of any change to the service fee by sending you an email, by posting a notice on the application, and/or by any other method permitted by applicable law. By accessing or using the Services and not cancelling after any change to STAR 8’s service fee takes effect, you agree to pay the service fee, as modified.  Here’s the current the Schedule of Service Fees and Charges, which is subject to changes, effective upon posting.   

 It’s was sent under a separate cover, however considering our limited time I’m copying and pasting it into this document below the above passage.

Inactive Account/Abandoned Property Fee
$20.00 Fee
This is the fee STAR 8 charges you if we are required to report the funds in your STAR8Wallet as unclaimed in accordance with state laws.
STAR8Wallet Member Transaction Fee
0.00%
Sending funds is 0.0% per transaction, one way. This fee adjusts based off your STAR 8 subscription tier. There are no hidden STAR 8 fees.
STAR8Wallet Grandfathered Transaction Fee
0.10%
Sending funds is 0.1% per transaction, one way. This fee adjusts based off your STAR 8 subscription tier. There are no hidden STAR 8 fees.
STAR8Wallet Credit Card Transaction Fee
2.99% + $0.30
Transactions that utilize a credit card are subject to an additional fee on top of the STAR8Wallet Transaction Fee.
STAR8id Verification (Per User)
$2.50
Each individual verification processed through STAR 8 Software (Open API) for 3rd Party Platforms by 3rd Parties.
Same Day ACH Withdrawal Limits for Checking Accounts
Up to $250,000
Any Withdrawal from your STAR8Wallet to your traditional checking account, processed before 10 AM PST will land in your account by End of Business Day. All others will take 1-2 business days depending on your bank’s ACH procedures.
Monthly Service Fee
$0.00
$0.00
Incoming and Outgoing ACH fees
$0.00
$0.00
Wire fees
N/A
STAR 8 does not support wires as we support ACH Origination and direct linking with your Online Banking account through Plaid™.
Cross Border/Currency Conversion Transaction
N/A
At this time, STAR 8 does not support international transactions or currency conversions.
ACH Return and Credit Card Chargeback Fee
$35.00 Fee
Any returned funds or chargeback is subject to a $35.00 fee.
Non-Sufficient Funds Fee
$25.00 Fee
Any Account with Non-Sufficient Funds

Identity and Credit Verification  

We may at any time require you to provide additional information in order to verify your identity or the identity of your representatives, beneficial owners, or principals. This information may include your or their address, date of birth, employer identification number, social security number, a copy of your driver’s license or such other information or documentation as we may deem necessary (including, without limitation, information requested and obtained about you in connection with the financial service or product provided to you. Such information may be required, for instance, in order to meet our legal obligations or the requirements of STAR 8’s Partner Banks.  

You hereby authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity or that of your representatives, beneficial owners, or principals and/or authenticate your or their identity, account information, and your company or employer. By opening a business account, you are providing us with written instructions and authorization in accordance with the Fair Credit Reporting Act to obtain your personal and/or business credit report from a credit bureau. You are also authorizing us to obtain your personal and/or business credit report when you upgrade your personal account to a business account, or at any time we reasonably believe there may be an increased level of risk associated with your account. An increased level of risk includes, but is not limited to, a high number of chargebacks or reversals, or suspicious activity associated with your account. 

Bank Secrecy Act and AML Compliance

 

Some Star 8 Members may meet the definition of a “Dealer” under the Bank Secrecy Act (BSA) in connection with the purchase and sale of precious metals, precious stones, or jewels (“Dealer Members”). These Dealer Members are required by the FinCEN to implement their own BSA/AML programs. You represent and warrant that you have reviewed the BSA and accompanying regulations. The following information provides key definitions related to this topic.

  • A “Dealer” means an individual or company engaged within the U.S. as a business in the purchase and sale of Covered Goods that, during the prior calendar or tax year (i) purchased more than $50,000 in Covered Goods; and (ii) received more than $50,000 in gross proceeds from the sale of Covered Goods.

  • A “Retailer” means an individual or company engaged within the U.S. in the business of sales of Covered Goods primarily to the public.

  • “Covered Goods” means jewels, precious metals, precious stones, or finished goods (including, but not limited to, jewelry, numismatic items, and antiques), that derive 50 percent or more of their value from jewels, precious metals, or precious stones contained in or attached to such finished goods.

 

A “Dealer” does NOT include:

  • A Retailer, unless the Retailer, during the prior calendar or tax year, (i) purchased more than $50,000 in Covered Goods from individuals or companies that are not Dealers or Retailers (e.g., the general public or foreign suppliers); and (ii) sold more than $50,000 in Covered Goods in the same time period.

  • A company licensed or authorized under state law to conduct business as a pawnbroker, but only to the extent of its pawn-related transactions.

 

In addition, the following do not count towards the $50,000 thresholds:

  • Retail transactions in which a Retailer or Dealer accepts Covered Goods from a customer, the value of which the Retailer or Dealer credits to the account of the customer without providing funds (e.g., cash) to the customer in exchange for such Covered Goods.

  • Purchase transactions for Covered Goods that will be incorporated into machinery or equipment for industrial purchases (including the purchase and sale of such machinery or equipment).

  • The value of any finished goods that is not related to the value of the jewels, precious metals, or precious stones contained in, or attached to, such goods.

 

To the extent that you are a Dealer Member, or otherwise are required to comply with BSA/AML obligations, you represent and warrant that you have implemented and maintain a written AML program that is reasonably designed to prevent money laundering and the financing of terrorist activities that complies with the BSA and FinCEN regulations. STAR 8 reserves the right to request evidence of a BSA program as part of ongoing due diligence. At a minimum, that program should:

 

  • Incorporate policies, procedures and internal controls based on the Dealer Member’s assessment of the money laundering and terrorist financing risks associated with its line(s) of business;

  • Designate an individual responsible for assuring day to day compliance with the program and BSA requirements;

  • Provide training for appropriate personnel including training in the detection of suspicious transactions; and

  • Provide for independent review to monitor and maintain an adequate program.

 

Exports

You represent and warrant that (i) you will not use STAR 8’s Platform or the Services (or that of its partners or third party service providers) to export or import material or otherwise process a transaction involving a country with trade restrictions under United States law; (ii) that you are not a person (or acting on behalf of an entity or person) identified on any United States government sanctions list with whom transactions are prohibited, including but not limited to OFAC’s Specially Designated Nationals list or the U.S. Export Administration Regulations Entity List or Denied Persons list; (iii) you are not engaging in a transaction with any person or entity who is on any United States government sanctions list; and (iv) you are in compliance and will comply with all U.S. export restrictions, including those implemented by EAR, ITAR, OFAC and FinCEN.

Restricted Activities, Holds and Actions We May Take 

The STAR 8 Platform and Services is made for businesses and individuals who are in the jewelry industry. It is up to the final discretion of STAR 8 to validate your qualifications. In addition to STAR 8’s express requirement that your account(s) be used only for jewelry-related transactions, the Custodian FBO Depository requires that your account(s) not be used in connection with any Prohibited Transactions and Restricted Activities (as defined below).

Prohibited Transaction and Restricted Activities. In connection with your use of the STAR 8 Platform, your STAR 8 account, the Services, or in the course of your interactions with STAR 8, other STAR 8 customers, or third parties, you must not (and such activities shall be considered “Prohibited Transactions and Restricted Activities”): 

  • Breach these Terms, or any other agreement between you and STAR 8; 

  • Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising); 

  • Infringe STAR 8's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; 

  • Sell counterfeit goods; 

  • Act in a manner that is defamatory, trade libelous, threatening or harassing; 

  • Provide false, inaccurate or misleading information; 

  • Send or receive what we reasonably believe to be potentially fraudulent funds, including using the Star 8 Platform to facilitate money laundering and the financing of terrorist activities; 

  • Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; 

  • Attempt to “double dip” during the course of a dispute by receiving or attempting to receive funds from both STAR 8 and the seller, bank or card issuer for the same transaction; 

  • Control an account that is linked to another account that has engaged in any of these restricted activities; 

  • Conduct your business or use the Services in a manner that results in or may result in complaints; 

  • Request buyers (either filed with us or card issuers) to invalidate payments made to you; 

  • Impose or pass fees, fines, penalties or other liability or losses to STAR 8, other STAR 8 customers or third parties or you; 

  • Use your STAR 8 account or the Services in a manner that STAR 8, Visa, MasterCard, American Express, Discover or any other payment network reasonably believes to be an abuse of the card system or a violation of card association or network rules; 

  • Allow your STAR 8 account to have a negative balance; 

  • Access the Services from a country that is not included on STAR 8's permitted countries list; 

  • Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or the Services; 

  • Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempt to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or the Services; 

  • Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers; 

  • Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, any of the Services or other users’ use of any of the Services; 

  • Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers or service providers; 

  • Use the Services to test credit card behaviors; 

  • Circumvent any STAR 8 policy or determinations about your STAR 8 account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions:

    • Attempting to open new or additional STAR 8 account(s) when an account has a negative balance or has been restricted, suspended or otherwise limited;

    • Opening new or additional STAR 8 account(s) using information that is not your own (e.g. name, address, email address, etc.); or

    • Using someone else’s STAR 8 account(s);

  • Harass and/or threaten our employees, agents, or other users; 

  • Engage in the buying or selling of the following: 

    • Any illegal items or any items for any illegal purpose; 

    • Any obscene material or pornographic items; 

    • Any munitions or firearms; 

    • Pirated software, DVD or videos or item(s) otherwise infringing copyrighted works; 

    • Illegal drugs, drug paraphernalia, prescription drugs or controlled substances or items that may represent these uses; 

    • Resold prepaid cards or gift cards/certificates;

    • Personal use gifts, loans or payments from friends and family; 

    • Cigarettes, tobacco or e-cigarettes; 

    • Internet, mail or telephone order pharmaceutical or pharmacy referral services; 

    • Medical equipment; 

    • Items that promote hate, violence, racial intolerance, or the financial exploitation of a crime; 

    • Goods or services that infringe on the intellectual property rights of a third party; 

    • Products or services that process pop-ups or contain, promote, reference or link to any spyware, malware, virus, back-door, drop dead device or other program installation; 

    • Live animals; 

    • Weapons (including without limitation, knives, guns, firearms or ammunition); 

    • Transactions directly or indirectly involving persons (individuals or entities) with whom U.S. persons are prohibited from engaging pursuant to sanctions and export controls administered by the U.S. Departments of Treasury, Commerce and State;  

    • Goods, technologies, or other objects regulated by the U.S. Department of Commerce under the EAR, unless exempted or permitted to buy or sell such goods, technologies, or other objects by the EAR; or

    • Any other category or payor that the Custodian FBO Depository decides to prohibit, in its sole discretion. 

 

The Custodian FBO Depository reserves the right to suspend or terminate at any time the use of the custody/Escrow Account if it reasonably believes it is required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime. 

The Custodian FBO Depository is entitled to withhold funds transferred to the custody/Escrow Account if the Custodian FBO Depository has reasonable suspicion of fraudulent or criminal activity or if the Custodian FBO Depository reasonably considers it is required to do so under any applicable law or regulation, or at the direction of any regulatory or other competent authority. 

Actions We May Take if You Engage in Any Restricted Activities. If we believe that you’ve engaged in any of the Prohibited Transactions and Restricted Activities, we may take a number of actions to protect STAR 8, its customers and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following: 

  • Terminate these Terms, limit your STAR 8 account (and any linked cash account), and/or close or suspend your STAR 8 account(s) and Services (and any linked cash account), immediately and without penalty to us; 

  • Refuse to provide access to the STAR 8 Platform or Services to you in the future; 

  • Limit your access to our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, your STAR 8 account, the Services, or any other STAR 8 services, including limiting your ability to pay or send money with any of the payment methods linked to your STAR 8 account, restrict your ability to send money or make withdrawals, or limit your ability to ship or insure goods; 

  • Hold the balance in your STAR 8 account, or any money waiting to be claimed through your STAR 8 account, for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated these Terms; 

  • Contact buyers who have purchased goods or services from you using STAR 8, your bank or credit card issuer, other impacted third parties or law enforcement about your actions; 

  • Update inaccurate information you provided us; 

  • Take legal action against you; 

  • Contact and report suspicious or illegal activities to government, regulatory, or other legal authorities;

 

If you violate these Terms, then in addition to being subject to the above actions you will be liable to STAR 8 for the amount of STAR 8’s damages caused by your violation of these Terms. You acknowledge and agree that US$ 2,500.00 per violation of these Terms is presently a reasonable minimum estimate of STAR 8's actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to STAR 8 that reasonably could be anticipated because, due to the nature of the violations of these Terms, actual damages would be impractical or extremely difficult to calculate. STAR 8 may deduct such damages directly from any existing balance in any STAR 8 account you control. 

If we close your STAR 8 account or terminate your use of the Services for any reason, we’ll provide you with notice of our actions and make any unrestricted funds held in your STAR 8 account available for withdrawal. 

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by STAR 8, any STAR 8 customer, or a third party caused by or arising out of your breach of these Terms, and/or your use of the STAR 8 Platform and the Services. 

Other Questions. SAVE THE RECEIPTS OR ANY OTHER INFORMATION YOU ARE GIVEN WHEN YOU USE OUR SERVICES, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION.  If you have any questions about one of these transactions, you may contact us at help@star8financial.com or (310) 862-7987.

Required Disclosures 

You acknowledge and agree that STAR 8 may store and/or preserve User Information and may also disclose User Information and/or other information provided by you if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Information violates the rights of third-parties in accordance with these Terms; and/or (d) protect the rights, property, or personal safety of STAR 8, its representatives and/or agents, third-party service providers, its users or the public. 

For our compliance purposes and in order to provide the Services to you, you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and Bank Account information as well as the identity and Bank Account information of your representatives, beneficial owners, and principals. When you register for the Services and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you, such as: 

  • A copy of your government-issued photo ID, such as a passport or driver’s license; 

  • A copy of government-issued business license/permit, current certificate of good standing (active status), other registration document filed with secretary of state (i.e. certificate of incorporation, partnership agreement, or comparable business registration document); and/or 

  • A copy of a utility bill, bank statement, affidavit, or other bill, dated within three months of our request, with your name and U.S. street address on it; and such other information and documentation that we may require from time to time. 

 

THIRD PARTY SERVICE PROVIDERS  

By using the Services and providing User Information to us, you automatically authorize us to obtain, directly or indirectly through our third-party service providers and without any time limit, information about you and your Bank Account from the financial institution holding your Bank Account and other third-party websites and databases as necessary to provide the Services to you. For purposes of such authorization, you hereby grant STAR 8 and our third-party service providers a limited power of attorney, and you hereby appoint STAR 8 and our third-party service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place, and stead, in any and all capacities, to access third-party websites, servers, and documents; retrieve information; and use your User Information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN STAR 8 OR OUR THIRD-PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, STAR 8 AND OUR THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services. We make no effort to review information obtained from the financial institution holding your Bank Account and other third-party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between STAR 8 and our third-party service providers, STAR 8 owns your confidential User Information. The information you provide us is subject to our Privacy Policy.

LIMITATION OF LIABILITY  

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT STAR 8, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) THE PERFORMANCE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES; (B) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THESE TERMS, THE SERVICES, OR CONTENT; (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100 OR THE AMOUNT TRANSFERRED FROM YOUR BANK ACCOUNT TO YOUR STAR8WALLET ACCOUNT VIA THE SERVICES; OR (D) ANY EVENT BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. 

TO THE EXTENT THAT STAR 8 SHIPS YOUR GOODS, OR ARRANGES OR FACILITATES SHIPMENTS ON YOUR BEHALF, STAR 8 WILL ONLY BE LIABLE FOR ITS OWN NEGLIGENCE, AND SUCH LIABILITY SHALL BE LIMITED TO US$50 PER SHIPMENT. IF STAR 8 LOSES OR DAMAGES YOUR GOODS WHILE SUCH GOODS ARE UNDER ITS CUSTODY, STAR 8’S LIABILITY WILL BE LIMITED TO US$100 PER SHIPMENT UNLESS YOU INDICATE IN WRITING TO STAR 8 THAT SUCH GOODS HAVE A HIGHER LIABILITY VALUE PRIOR TO THE GOODS’ SHIPMENT.

Indemnity. At our request, you agree to defend, indemnify, and hold harmless STAR 8, its affiliates, and its and their respective employees, officers, directors, agents, and third-party service providers from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way related to any third-party claims relating to your use of the Services, violation of these Terms, applicable law or any third-party rights, or your fraud or willful misconduct. Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses. 

Dispute Resolution and Arbitration

Dispute Resolution by Binding Arbitration/Jury Trial Waiver/Class Action Waiver. For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this Section and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to the Services or these Terms (as well as any related or prior agreement that you may have had with us), you and we agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration in Los Angeles, California. As used in this Section, “we” and “us” mean STAR 8 and its subsidiaries, affiliates, predecessors, successors, and assigns and all of its and their respective employees, officers, directors, agents, and representatives. In addition, “we” and “us” include any third party providing any product, service, or benefit in connection with the Services or these Terms (as well as any related or prior agreement that you may have had with us) if such third party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section. 

Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator from the American Arbitration Association (“AAA”) with substantial experience in resolving commercial contract disputes. As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”). 

To the extent permitted by law, any claims brought against STAR 8 must be made in writing within sixty (60) days from the alleged date of the grievance, or in the event of non-delivery. A written demand for arbitration must be made within one year from such date. Failure to do so will preclude any liability for STAR 8.

Waiver of Right to File Civil Action in Court. YOU SHOULD REVIEW THIS PROVISION CAREFULLY. To the extent permitted by applicable law, you are GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court in the state and municipal courts located in Los Angeles, California and as long as such matter is only pending in that court. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in federal court in Los Angeles, or, if such court does not have jurisdiction, in a state court located in Los Angeles, California in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within Los Angeles, California. A request for interim measures will not be deemed a waiver of the obligation to arbitrate. 

Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures may be SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrators’ decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. 

You and we must abide by the following rules: (A) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (B) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) we also reserve the right, in our sole and exclusive discretion, to assume responsibility for any or all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (g) subject to the limitation of liability provisions of these Terms, the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (h) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law. 

This section will survive termination of your STAR 8 account(s) and these Terms as well as any voluntary payment of any debt in full by you or any bankruptcy by you or us. With the exception of subparts (a) and (b) of this section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If, however, either subpart (a) or (b) of this section is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in federal court located in Los Angeles, California if it has jurisdiction or, if it does not, in a state court located in Los Angeles, California. 

For more information on the AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call the AAA at 800-778-7879 or visit the AAA website at http://www.adr.org

MISCELLANEOUS

Termination. These Terms will remain in full force and effect and shall apply to each transaction you initiate through STAR 8. You may terminate your STAR8Wallet or STAR8Ship or STAR8Ship+ Service by notifying STAR 8 via email at compliancedept@star8financial.com or calling (310) 862-7987, of your intention to terminate. We note that simply deleting the STAR 8 Application for your mobile/portable device does not terminate any Service or account, nor does it stop any rules we or you have established. If you wish to terminate your STAR 8 account(s), that must be done by you by contacting us at compliancedept@star8financial.com or (310) 862-7987.

Assignment. You may not transfer, assign, or delegate these Terms or your rights or obligations hereunder or your STAR 8 account in any way (by operation of law or otherwise) without our prior written consent. To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent. 

Third-Party Beneficiary. You agree that our third-party service providers are third-party beneficiaries of the applicable provisions of these Terms, with all rights to enforce such provisions as if such service providers were a party to these Terms. 

Governing Law. These Terms are made under and will be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. 

Link or Unlink a Payment Method. You can link or unlink a credit card, debit card, a U.S. bank account or STAR8Wallet Credit to your account as a payment method. Please keep your payment method information current (e.g. credit card number and expiration date).     

Account Statements. You have the right to receive an account statement showing your STAR8Financial account activity. You may view your account statement by logging into your account.  

Taxes. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that we may, in our sole discretion, do any of the foregoing on your behalf or for ourselves.

Severability, and Entire Agreement. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms will otherwise remain in full force and effect and enforceable. These Terms, together with our Privacy Policy, constitute the entire and sole agreement between you and us with respect to the Services and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Services. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of STAR 8, and you do not have any authority of any kind to bind STAR 8 in any respect whatsoever. 

Terms or Service Changes. We may add to or terminate any of the Services or amend these Terms at any time, in our sole discretion, without providing notice to you, subject to applicable law. We reserve the right, subject to applicable law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of these Terms on the website and the application or delivering notice thereof to you electronically. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for you to continue accessing or using the Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access or use of the Services. Except as otherwise expressly stated by us, your access and use of the Services are subject to, and constitute your acceptance of, the version of these Terms in effect at the time of your access or use. 

Contacting Us. If you have any questions regarding the Privacy Policy, or if you wish to ask us to delete, correct, or show you your User Information as provided above, please email us at help@star8financial.com, or write to us at: 

STAR 8 Financial 

1019 E 4th Pl, Floor 4

Los Angeles, CA 90013.

STAR 8 Suspension And Termination Rights.  STAR 8, in its sole discretion, reserves the right to suspend or terminate these Terms, access to or use of its websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or some or all of the STAR 8 Platform or Services for any reason and at any time upon notice to you and, upon termination of these Terms, the payment to you of any unrestricted funds held in your STAR8Wallet account. 

Security Interest. As security for the performance of your obligations under these Terms, you grant to STAR 8 a lien on, and security interest in and to, funds held in your STAR8Wallet account. 

Insolvency Proceedings. If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, we’ll be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this user agreement. 

No Waiver. Our failure to act with respect to a breach of any of your obligations under these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches. The failure of either you or us to exercise, in any way, any right herein will not be deemed a waiver of any further rights hereunder.

Translation of Agreement. Any translation of these Terms is provided solely for your convenience and is not intended to modify the Terms. In the event of a conflict between the English version of these Terms and a version in a language other than English, the English version shall control. 

Your Use of Information; Data Protection Laws. If you receive information about another STAR 8 customer, you must keep the information confidential and only use it in connection with the STAR 8 Platform and Services. You may not disclose or distribute any information about STAR 8 users to a third party or use the information for marketing purposes unless you receive that user’s express consent to do so. You may not send unsolicited emails to a STAR 8 customer or use the STAR 8 Platform or Services to collect payments for sending, or assist in sending, unsolicited emails to third parties. To the extent that you (as a seller) process any personal data about a STAR 8 customer pursuant to these Terms, you agree to comply with the requirements of any applicable privacy and data protection laws. You represent and warrant that you have your own, independently determined privacy policy, notices and procedures for any such personal data that you hold as a data controller, including a record of your activities related to the processing of personal data under these Terms. The privacy and data protection laws that may apply include any associated regulations, regulatory requirements and codes of practice applicable to the provision of the Services described in these Terms. If you process personal data from Europe pursuant to these Terms, you must comply with the EU Directive 95/46/EC or the General Data Protection Regulation (EU) 2016/679 (GDPR). In complying with such laws, you will: implement and maintain all appropriate security measures for the processing of personal data; and not knowingly do anything or permit anything to be done which might lead to a breach of any privacy data protection laws by STAR 8. 

Let’s Get Started

Get in touch so we can start working together.

  • Facebook
  • Twitter
  • LinkedIn
  • Instagram
Thanks for submitting!