Welcome to the website of OakNorth Bank plc, United States Representative Office (“OakNorth,” “we,” or “us”). By accessing or using this website (the “Site”), you agree to comply with and be bound by the following Terms and Conditions of Use. If you do not agree with these terms, please do not use the Site.
By using this Site, you represent and warrant that you are of legal age to form a binding contract with OakNorth and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
1. General Information
OakNorth Bank plc is a UK-based bank authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority in the United Kingdom. Our representative office in the United States does not offer or provide banking services or accept deposits. The information provided on this Site is for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any products or services in the United States.
2. No Offer or Solicitation
Nothing on this Site constitutes an offer or solicitation to conduct business in any jurisdiction where such activity is prohibited. In particular, our services are not being offered in the United States to retail customers. Any products or services described may be subject to legal and regulatory restrictions and may not be available in all jurisdictions or to all persons.
3. Intellectual Property
All content on this Site, including text, graphics, logos, images, and software, is the property of OakNorth or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, modify, or republish any content without prior written consent from OakNorth, except as otherwise permitted by applicable law.
4. Use of Site; Limited License
You agree to use this Site for lawful purposes only and in a manner that does not infringe the rights of, restrict, or inhibit the use and enjoyment of the Site by any third party. You are prohibited from using this Site to engage in any unlawful, fraudulent, or harmful conduct.
You may not attempt or cause to attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, by hacking, password “cracking,” or any other illegitimate means. You may not breach or cause to breach the security or authentication measures on the Site, or any other systems or networks connected to the Site, or otherwise attempt to interfere with the proper functioning of the Site. You will not falsify your identity or impersonate another person, engage in conduct that limits the use and enjoyment of the Site, or any part thereof, by other users in any way, in each case as determined by us in our sole and absolute discretion.
In addition, you agree not to and will not assist another to:
You are hereby granted a limited, revocable, nonexclusive, nontransferable, nonassignable, non-sublicensable, “as-is” license to access and use the Site and related content for your own personal, non-commercial use; provided, however, that such license is subject to the Terms and does not include any right to (i) sell, resell, or use commercially the Site, (ii) distribute, publicly perform, or publicly display any content, (iii) modify or otherwise make any derivative uses of the Site, or any portion thereof, (iv) use any data mining, robots, or similar data gathering or extraction methods, (v) download (other than page caching) any portion of the Site, except as expressly permitted by us, and (vi) use the Site other than for their intended purposes. This license is subject to your compliance with these Terms.
5. Copyright Complaints
We respect the intellectual property of others and ask that our users do the same. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied or used on the Site in a way that constitutes copyright infringement, please send the following information to our Copyright Agent at legal@oaknorth.co.uk.
6. No Warranty
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE OR ANY CONTENT CONTAINED THEREIN. WE DO NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND CONTENT SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, OR ANY ITEMS LISTED ON OUR SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, ANY ITEMS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS UNDERTAKEN BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCESS TO AND USE OF THE SITE, CONTENT (INCLUDING YOUR CONTENT), OR ANY ITEMS, PURCHASED, OR SOLD THROUGH THE SITE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT PAID TO US BY YOU FOR THE SITE THAT IS THE SUBJECT OF THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. Links to Third-Party Websites
This Site may contain links to third-party websites. These links are provided for your convenience only. OakNorth does not endorse or assume responsibility for the content, security, or practices of third-party sites.
9. Privacy
Please refer to our Privacy notice – US – OakNorth Bank for details on how we collect, use, and protect your personal data. By using this Site, you consent to the collection and use of your information in accordance with our Privacy Notice.
10. Communications
By using our Site, you consent to receive electronic communications from us (e.g., via email, SMS, or by posting notices to the Site). These communications may include notices of transactional information and are part of your existing relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you. We may also send you promotional communications via email including, but not limited to, newsletters, special offers, surveys, customer service, and marketing messages, and other news and information we think will be of interest to you. You may opt out of receiving these communications at any time by following the unsubscribe or opt out instructions provided therein.
11. Termination
You Terminate. You may terminate these Terms at any time by discontinuing your access to and use of the Site. If you use the Site again, you will be deemed to have agreed to the Site.
We Terminate. You agree that we, in our sole discretion, and for any or no reason, may terminate these Terms without prior notice. You agree that any suspension or termination of your access to the Site may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination.
Other Remedies Available. If we terminate these Terms or suspend or terminate your access to or use of the Site due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any of the Prohibited Uses), then termination of these Terms will be in addition to any other remedies we may have at law or in equity.
Effect of Termination. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Site, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.
12. International Issues
We operate the Site from the United States of America. If you choose to access the Site from outside the United States of America, you are responsible for complying with applicable local laws.
13. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless OakNorth from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to these Terms or your use of the Site, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site; (b) your violation of these Terms; (c) your violation of the rights of any third party, including another user; (d) any breach or non-performance of any covenant or agreement made by you; or (e) any off-chain benefits (including the furnishing, or any failure to furnish, or any acts or omissions of or attributable to you or any third party in respect of the same). You agree to promptly notify OakNorth of any third-party Claims and cooperate with OakNorth in defending such Claims. You further agree that OakNorth shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND OAKNORTH.
14. Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE OAKNORTH AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
These Terms, including all matters of construction, validity, and performance, and all disputes arising out of or connected with the Terms and the Site (each a “Dispute,” collectively, the “Disputes”), shall, in all respects, be governed by and construed in accordance with the laws of the State of New York without regard to any principles of conflict of laws, except that the arbitration clause herein shall be governed by the Federal Arbitration Act. Any Dispute shall be settled by mediation under the Commercial Mediation procedures of the American Arbitration Association (the “AAA”), except that if mediation of a Dispute is not successful within two (2) months of appointment of a mediator, such Dispute shall be settled by individual arbitration under the Commercial Arbitration Rules of the AAA. The place of mediation or arbitration shall be the AAA office nearest to Agency’s principal place of business in New York, New York County. The language of the mediation or arbitration shall be English. The arbitrator shall be an expert or an attorney with experience in the field of intellectual property and advertising law. Notwithstanding this arbitration provision, any Dispute not resolved through arbitration that is less than $10,000 USD and qualifies for treatment on a non-jury basis in a small claims court in New York may be resolved in such small claims court on an individual basis at the election of either party. All Disputes shall be mediated, arbitrated, or litigated on an individual basis. You irrevocably waive any right it may otherwise have to proceed on a class or collective basis. Further, you irrevocably waive all right to trial by jury as well as any argument or claim of improper venue or forum non conveniens. The foregoing provisions shall not limit the right of OakNorth to collect payments due or payable, or prevent either party from commencing any action or proceeding to compel arbitration, obtaining injunctive relief pending the appointment of an arbitrator, or obtaining execution of any award rendered in any such action or proceeding, or in any other manner provided venue for all such proceedings shall be in the state or federal courts within New York, New York County. The parties shall bear their own expenses, except that parties shall equally share the expenses of any mediator or arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the Dispute). The prevailing party in any arbitration may seek from the arbitrator an award of the party’s reasonable outside attorneys’ fees and costs incurred. Judgment on any award rendered by any arbitrator may be entered in any court having jurisdiction thereof.
15. Governing Law and Venue
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any disputes arising out of or relating to this Site shall be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York. Subject to the above, any legal action or proceeding arising under these Terms will be brought exclusively in the State of New York, New York County, and we and you irrevocably consent to the personal jurisdiction and venue there.
16. Entire Agreement; Severability
These Terms, any applicable supplemental terms, and our Privacy Notice constitute the entire legal agreement between you and us and will be deemed to be the final and integrated agreement between you and us, and govern your access to and use of the Site, and completely replace any prior or contemporaneous agreements between you and us related to your access to or use of the Site, whether oral or written.
Should any part of these Terms be held invalid, illegal, void or unenforceable, that portion will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
17. Third-Party Beneficiaries
Except as otherwise provided herein, these Terms are intended solely for the benefit of OakNorth and you and are not intended to confer third-party beneficiary rights upon any other person or entity.
18. Interpretation
The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.
19. No Waivers
Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed for and on behalf of us by a duly authorized representative.
20. Assignment
You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate or in connection with an acquisition, sale or merger. These Terms shall be binding upon and inure to the benefit of the applicable parties and their successors and permitted assigns.
21. Updates
We reserve the right to update or modify these Terms and Conditions at any time without prior notice. If we make changes to these Terms, we will provide notice of such changes, such as by updating the “Last Updated” date at the beginning of these Terms. Continued use of the Site after any changes indicates your acceptance of the updated terms. You should review these Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site.
Contact Us
If you have any questions about these Terms and Conditions, please contact:
OakNorth Bank plc – U.S. Representative Office
445 Park Avenue, 6th Floor
New York, NY 10022
questions@oaknorth.com