General Terms of Service
Effective as of July 20, 2019
- 1.1. You understand that by signing up to use The Bankiom Services and open a Bankiom Account, you have affirmed that you are at least 18 years old, have the capacity to agree to these Terms by and between you and Bankiom, and agree to be legally bound by the terms and conditions of these Terms in their entirety, including any amendments thereto.
- 1.2. Before you can enter into Bankiom Transactions and benefit from The Bankiom Services with us you are required to:
- A) read these Terms and tick the box confirming the accuracy of the information provided and your agreement with these Terms; and
- B) provide us with such documentation, photographs and information as we may reasonably request as further set forth in the Cardholder Terms.
- Once you have completed the above and you have passed our internal checks in accordance with the Cardholder Terms, we will provide you with a Bankiom Account and make The Bankiom Dashboard available to you. You agree that you will not allow any other person to access or use your Bankiom Account and Bankiom Dashboard.
- 1.5. You confirm that you have provided the correct Information during the process of creating a Bankiom Account. You undertake that, if your details change, you will notify us immediately. You will bear any losses that occur due to the submission of invalid, incorrect or inaccurate Information.
- 1.6. All grants of Bankiom Shares will be subject to a separate agreement and to the extent that such grants constitute a sale of securities, they will be made in accordance with relevant federal and state securities laws.
2. CARDHOLDER AGREEMENT
The Bankiom Cards are issued our partner Bank (the “Bank”). By agreeing to these Terms, you are deemed to have agreed to the relevant Cardholder Terms. These Terms are separate and independent from the Cardholder Terms which govern your use of your Bankiom Card.
3. Bankiom TRANSACTIONS
- 3.1. The Bankiom Services allow you to direct the Bank to conduct a variety of transactions (“Bankiom Transactions”), including, but not limited to, the following:
- A) “Funds Exchange” means using Funds in one currency to purchase Funds in another currency using the exchange rates as further described in the Cardholder Agreement;
- B) “Instant Transfer” means receiving Funds into your Bankiom Funds Account or sending Funds from your Bankiom Funds Account to The Bankiom Funds Account of a different Bankiom User;
- C) “Bankiom Bank Transfer” means redeeming Funds in your Bankiom Funds Account, with or without an associated Monetary Exchange taking place, transferring the equivalent amount of money to the Counterparty Bank Account;
- D) “ATM Withdrawal” means you using your Physical Bankiom Card and Card PIN to obtain cash from an ATM with or without a Monetary Exchange taking place; and
- E) “Bankiom Card Purchase” means you using your Bankiom Card to purchase goods and/or services from a merchant by entering the details of your Bankiom Card and/or your Card PIN.
Bankiom Transactions are governed by the Cardholder Terms.
- 3.2. Note that virtual receipts for successful Bankiom Transactions are accessible on The Bankiom Dashboard. In addition to virtual receipts, merchants should provide you with receipts when you enter into a Bankiom Card Purchase. Neither Bankiom nor the Bank will or is under any obligation to provide you with a physical receipt or other written confirmation in connection with any Bankiom Transaction.
5. The Bankiom DASHBOARD
The Bankiom Dashboard is our portal on The Bankiom Services where you can, among other things:
- A) direct the Bank to load Funds via Stored Card, Funds Exchanges, Instant Transfers and Bankiom Bank Transfers including recurring transfers (once accepting all charges as displayed on The Bankiom Dashboard);
- B) direct the Bank to review and accept or decline Instant Transfers;
- C) verify your identity;
- D) view your Bankiom Transaction History;
- E) view the balance and currency of the Funds you hold in your Bankiom Funds Account;
- F) direct the Bank to enable or disable your Physical Bankiom Card, change the PIN on your Physical Bankiom Card and access other security features;
- G) enable and disable location tracking; and
- H) enter the details of your User Bank Account and your Stored Card(s)
6. YOUR Bankiom CARD
If you register as a Bankiom User, you may be issued a Bankiom Card. Terms relating to The Bankiom Card are set forth in the Cardholder Terms.
7. VERIFICATION OF IDENTITY
You agree to cooperate with all requests made by us or any of our third party service providers on our behalf in connection with your Bankiom Account, to identify or authenticate your identity or validate your funding sources or Bankiom Transactions as further described in the Cardholder Terms, and to take any action we deem necessary based on the results. You must ensure the information on your Bankiom Account is always accurate and up to date. If at any time we believe that your information is outdated or inaccurate, we may contact you and request further information or request that you go through the verification process again. We may suspend or terminate any Bankiom Transaction if we suspect or determine that your account has been improperly accessed; if this occurs, you agree to cooperate with us to verify your identity before access to your account is restored.
8. ADDING FUNDS TO YOUR Bankiom ACCOUNT
You can add funds to your account in accordance with the Cardholder Terms and any limitations therein.
The terms regarding fees charged for The Bankiom Services are set forth in the Cardholder Terms. We reserve the right to suspend your access to The Bankiom Services if the Bank is not paid any monies owed to the Bank by you on time.
- 10.1 You must ensure that you take all reasonable steps to:
- A) ensure that your Mobile and your Mobile PIN is kept safe and secure;
- B) ensure that access to The Bankiom Dashboard is kept safe and secure; and
- C) ensure your Bankiom Card PIN and other unique numbers (including CVC, expiry and card number) are kept safe and secure; and
- D) review your Bankiom Dashboard regularly to confirm that it does not reflect any unauthorized Bankiom Transactions.
- 10.2 The requirement in Section 10.1 includes, but is not limited to, for the avoidance of doubt, you:
- A) closing The Bankiom Services every time you are not using it;
- B) keeping the Mobile you use to gain access to The Bankiom Dashboard safe and secure and locked with a secure password or other security mechanism;
- C) not writing down or telling anyone your Mobile PIN;
- D) changing your Mobile PIN regularly;
- E) if you receive any SMSs or emails, questionnaires, surveys, or other links that require you to provide your Mobile PIN, not providing your information and contacting our customer services team via the chat function on The Bankiom Dashboard;
- F) ensuring that the Mobile and e-mail account(s) you use to communicate with us are secure and only accessed by you, as the Mobile and e-mail address may be used to reset your Mobile PIN or to send information relating to the security of The Bankiom Dashboard;
- G) if at any time you think that your Mobile PIN has been lost, stolen or any other person knows your Mobile PIN or anyone has access to your e-mail account or Mobile you use to communicate with us, informing customer services immediately via the chat function on The Bankiom Dashboard;
- H) keeping your Bankiom Card safe and secure;
- I) not writing down or telling anyone your Card PIN or details of The Bankiom Card; and
- J) disabling your Bankiom Card via The Bankiom Dashboard or otherwise reporting to us, at any time if you think the security of The Bankiom Card is at risk, for example, if it is lost or stolen.
- All Bankiom Transactions are processed by automated methods, and anyone who obtains access credentials to The Bankiom Dashboard or access to a Bankiom Card could use it to enter into Bankiom Transactions without your permission. If you notice misuse, theft or unauthorized use of your Mobile, Bankiom Card, Mobile PIN or Card PIN or any other activity that makes you suspicious, you must promptly contact the customer services team and if possible enable the appropriate security features on The Bankiom Services. If you suspect identity theft or theft of Funds, we suggest that you contact your local police as well.
11 RESTRICTIONS ON THE USE OF The Bankiom SERVICES
- 11.1 You are not permitted to:
- A) use The Bankiom Services for any illegal purposes, including, but not limited to fraud and money laundering, unlawful sexually oriented materials or services, counterfeit products, unlawful gambling activities, fraud, money laundering, the funding of terrorist organizations, the unlawful purchase or sale of tobacco, firearms, prescription drugs, other controlled substances or other products prohibited by law. Bankiom will report any suspicious activity and cooperate with any relevant law enforcement agency or regulator;
- B) use The Bankiom Services to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides, or to obtain goods or services without paying the amount due partially or in full;
- C) breach these Terms, the Cardholder Terms (as applicable) or any other agreement or policy that you have agreed with Bankiom or the Bank;
- D) create more than one Bankiom Account without our prior written consent;
- E) use The Bankiom Services to violate any law, statute, ordinance, or regulation;
- F) use The Bankiom Services for any illegal purposes including the purchase or sale, or the facilitation of the purchase or sale of, illegal goods or services;
- G) use The Bankiom Services to conduct activities pertaining to adult entertainment/pornography, auction houses, charities, chemicals and allied products, dating and escort services, binary options, legal services, political or religious organizations, video game arcades or establishments and business claiming to trade in prime bank guarantees, debentures, letters of credit or medium term notes;
- H) infringe or misappropriate Bankiom’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- I) act in a manner that is defamatory, libelous, threatening or harassing when using The Bankiom Services;
- J) provide us with false, inaccurate or misleading information;
- K) use The Bankiom Services to engage in debt-collection activities;
- L) instruct us to send or receive what we reasonably believe to be potentially fraudulent funds on your behalf;
- M) attempt to intentionally or knowingly receive or attempt to receive funds from both Bankiom and a merchant for the same Bankiom Transaction;
- N) control a Bankiom Account that is linked to another Bankiom Account that has engaged in any of the restrictions in this Section 11;
- O) conduct your business or use The Bankiom Services in a manner that is likely to result in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties or other liability to Bankiom, other Users, third parties or you;
- P) provide yourself with a cash advance from your credit card (or help others to do so);
- Q) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission; or interfere or attempt to interfere with The Bankiom Services;
- R) take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
- T) use The Bankiom Services to test credit card behaviors;
- S) circumvent any Bankiom policy or determinations about your Bankiom Funds Account including, but not limited to, attempting to create a new or additional Bankiom Account when a Bankiom Funds Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional Bankiom Funds Accounts using Information that is not your own (e.g. name, address, email address, etc.); or using someone else’s Bankiom Funds Account;
- U) harass our employees, agents, or other Users;
- V) refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
- W) use The Bankiom Services in a manner that we believe may be a violation of any applicable electronic payment network rules, card association or network rules, or applicable law;
- X) use The Bankiom Services to trade FX for speculative purposes or for FX arbitrage;
- Y) refuse or fail to provide further information about you or your business activities that we may reasonably request;
- Z) conduct your business or use The Bankiom Services in a manner that leads us to receive a disproportionate number of claims or chargebacks;
- AA) have a credit score provided by a third party provider of Bankiom’s choosing which indicates a higher level of risk associated with your use of the Services; or
- BB) reveal your Mobile PIN or Card PIN to anyone or use anyone else’s Bankiom Services or Bankiom Card.
- 11.2 You must ensure that you only enter into Bankiom Transactions relating to the sale or supply of goods and services in compliance with all applicable laws and regulations. The fact that a person or entity accepts payments via a Bankiom Transaction is not an indication of the legality of the supply or provision of the goods and services.
- 11.3 The Bank reserves the right to refuse to perform a Bankiom Transaction directly or indirectly associated with any Restricted Country.
- 11.4 If Bankiom, in its sole discretion, believes that you may have breached the provision of this Section, we may take action to protect ourselves, other Users and third parties. The action we may take includes but is not limited to:
- A) closing, suspending, or limiting your access to any or all of The Bankiom Services.
- B) contacting other Users who have transacted with you; contacting your bank or credit card issuer; and/or warning other Users, law enforcement, or impacted third parties of your actions;
- C) updating inaccurate Information you have provided to us;
- D) taking legal action against you;
- E) terminating these Terms; and/or
- F) blocking your access to your Bankiom Funds Account and/or Bankiom Dashboard temporarily or permanently.
- 11.5 Where possible, Bankiom will provide you with the relevant information regarding the actions imposed, but we may be unable to do so in accordance with the appropriate law including avoiding disclosing protected third party information or interfering in the course of an investigation.
12 SUSPENDING USE OF The Bankiom SERVICES
We reserve the right to change, suspend or discontinue any aspect of The Bankiom Services at any time, including hours of operation or availability of The Bankiom Services or any Bankiom Services feature, without notice and without liability.
13 OUR LIABILITY WITH RESPECT TO THE MOBILE APP AND Bankiom CARD
- 13.1 You represent, warrant, and covenant that you are an individual acting solely on your own behalf and are acting for a purpose other than a trade, business or profession.
- 13.2 You will be liable for all losses incurred in respect of Bankiom Transactions and Bankiom Card Purchases which were not authorized by you, if you have acted fraudulently, or have intentionally or with gross negligence failed to comply with the obligations set out in Section 10 (Security) or you have not notified us on time in accordance with these Terms.
14 WITHDRAWING FUNDS AND CLOSING YOUR ACCOUNT
You may close your Account and withdraw funds from your Bankiom Funds Account in accordance with the Cardholder Terms.
15 NOTICE AND COMMUNICATIONS
- 15.1 You agree and consent to electronic receipt of all Communications that we provide in connection with The Bankiom Services. We will provide Communications to you by making them available on The Bankiom Dashboard or by emailing them to you at the primary email address listed in your Bankiom Account Profile.
- It is your responsibility to ensure that you regularly log onto The Bankiom Dashboard and review The Bankiom Dashboard, the Website and your primary email address and open and review communications that we deliver to you through those means.
- 15.3 We may contact you from time to time to notify you of changes or information regarding your Bankiom Account. It is your responsibility to ensure you regularly check The Bankiom Dashboard and that your contact information stored on your profile in The Bankiom Dashboard is up to date. You may contact us in accordance with these Terms via the chat function on The Bankiom Dashboard.
16 DATA AND PRIVACY
- 16.2 By providing Bankiom with a telephone number (including a mobile telephone number), you agree to receive autodialed and pre-recorded message calls at that number. The ways in which you provide us a telephone number include, but are not limited to, providing a telephone number at Bankiom Account opening, adding a telephone number to your profile on your Bankiom Dashboard at a later time, providing it to one of our employees, or by contacting us from that phone number. If a telephone number provided to us is a mobile telephone number, you consent to receive SMS or text messages at that number, for service-related matters.
- 16.3 You understand and agree that Bankiom may, without further notice or warning and in our discretion, monitor or record the telephone conversations you or anyone acting on your behalf has with Bankiom or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Bankiom may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Bankiom, and Bankiom does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
17 INTELLECTUAL PROPERTY
- 17.1 The Bankiom Services and all intellectual property rights contained therein, including but not limited to any content, are owned or licensed by us. Intellectual property rights means rights such as: copyright, trademarks, trade secrets, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Bankiom. You may not copy, imitate, or use them without our prior written consent.
- 17.2 We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.
- 17.3 Nothing in these Terms grants you any legal rights in The Bankiom Services, other than as necessary to enable you to access The Bankiom Dashboard. You agree not to adjust or try to circumvent or delete any notices contained on The Bankiom Services (including any intellectual property notices) and in particular in any digital rights or other security embedded or contained within The Bankiom Services.
18 AMENDMENTS TO THESE TERMS
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of The Bankiom Services thereafter. Your continued use of The Bankiom Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
You agree to defend, indemnify, and hold harmless Bankiom, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of The Bankiom Services, including, but not limited to, any use of The Bankiom Services’ content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from The Bankiom Services.
20 NO WARRANTY
YOUR USE OF The Bankiom SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH The Bankiom SERVICES IS AT YOUR OWN RISK. The Bankiom SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH The Bankiom SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Bankiom NOR ANY PERSON ASSOCIATED WITH Bankiom MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF The Bankiom SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER Bankiom NOR ANYONE ASSOCIATED WITH Bankiom REPRESENTS OR WARRANTS THAT The Bankiom SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH The Bankiom SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT The Bankiom SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH The Bankiom SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Bankiom DOES NOT HAVE ANY CONTROL OVER THE PRODUCTS OR SERVICES THAT ARE PAID FOR USING The Bankiom SERVICES. Bankiom IS NOT RESPONSIBLE FOR THE QUALITY, PERFORMANCE, OR ANY CONSEQUENTIAL RESULTS OF THE PRODUCTS AND/OR SERVICES PURCHASED USING The Bankiom SERVICES. TO THE FULLEST EXTENT PROVIDED BY LAW, Bankiom HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
21 LIMITATIONS OF LIABILITY
- 21.1 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Bankiom, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, The Bankiom SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON The Bankiom SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. Bankiom’S TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE TERMS AND IN CONNECTION WITH YOUR USE OF The Bankiom SERVICES ARE LIMITED TO $100.
- 21.2 We shall not be liable to you for any delay or failure to perform our obligations under these Terms (including any delay in payment) by reason of any cause beyond our reasonable control including but not limited to any action or inaction by you or any third party, any Force Majeure Event, bank delay, postal delay, act of government, failure or delay of any fax or electronic transmission, any cyber event, any accident, emergency, act of god or any abnormal or unforeseeable circumstances, or any other events or circumstances not within our reasonable control, whether similar or dissimilar to any of the foregoing.
- 21.3 You are responsible for all liabilities, financial or otherwise, incurred by Bankiom, a Bankiom User, or a third party caused by or arising out of your breach of these Terms, your use of The Bankiom Services, and any use of your Bankiom Account. You agree to reimburse Bankiom, a Bankiom User, or a third party for any and all such liability, to the extent not prohibited by applicable law.
- 21.4 You remain liable under these Terms in respect of all charges and other amounts incurred through the use of your Bankiom Account at any time, irrespective of termination, suspension or closure.
- 21.5 You alone are responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of The Bankiom Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions. You are liable to the state and other subjects for fulfilment of all tax obligations independently. Bankiom shall not be responsible for the execution of tax obligations, or calculation and transfer of taxes applied you.
- 21.6 THIS SECTION 21 DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
22 TERM AND TERMINATION
- 22.1 These Terms commence on the day that Bankiom confirms to you via The Bankiom Services that your Bankiom Account has been approved and continue until terminated in accordance with Section 18 (Amendments to these Terms) and/or this Section 22 (Term and Termination).
- 22.2 These Terms will automatically terminate in the event that your Cardholder Terms expire or terminate.
- 22.3 You may terminate these terms at any time by providing us with one month’s notice, such notice to be provided using the chat function on The Bankiom Dashboard.
- 22.4 Bankiom, in its sole discretion, may terminate these Terms at any time, by giving you notice. The termination of these Terms will not affect any of our rights or your obligations arising under these Terms.
- 22.5 Without prejudice to any rights that have accrued under these Terms or any of the party’s rights or remedies, we may at any time terminate these Terms with immediate effect by giving written notice to you if:
- A) we are unable to verify your information in the manner set out in these Terms;
- B) you die;
- C) we have reason to believe that your use of The Bankiom Services: damages, corrupts, degrades, destroys and/or otherwise adversely affects The Bankiom Services, or any other software, firmware, hardware, data, systems or networks accessed or used by you;
- D) there is a significant fluctuation (either positive or negative) in the aggregate number of Bankiom Transactions you enter into;
- E) you have acted or omitted to act in any way which we reasonably determine to diminish Bankiom’s business operations and/or reputation and/or goodwill and/or which we reasonably determine or suspect to give rise to any offence or any increased risk or liability to us; and/or
- F) we are unable to provide The Bankiom Services to you through the inability of any third party to provide us with any good and/or service that we require to provide The Bankiom Services to you.
- 22.6 If you have breached the terms of these Terms (including a breach of your obligation to pay us any amount owing), we are otherwise entitled to terminate these Terms, or we may: suspend your use of The Bankiom Services (in whole or in part) in which case we will not treat any order for a Bankiom Transaction that you may wish to make as being received by us; report any Bankiom Transaction or any other relevant information about you and your use of The Bankiom Services to the relevant regulatory authority, law enforcement agency and/or government department; and/or if appropriate, seek damages from you.
- 22.7 Termination of these Terms requires the closing of your Bankiom Funds Account in accordance with the Cardholder Terms and the termination of all Bankiom Cards and the associated Cardholder Terms (as applicable). Bankiom will deal with your remaining balance in accordance with these Terms and the Cardholder Terms (as applicable).
- 22.8 Any terms which by their nature should survive, will survive the termination of these Terms.
23 GOVERNING LAW AND JURISDICTION
All matters relating to The Bankiom Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms or The Bankiom Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
24 REQUESTING INFORMATION AND CUSTOMER SUPPORT
- 24.1 You may request, at any time during the extent of these Terms, a copy of these Terms.
- 24.2 We take all complaints seriously. Any complaints about us or the services we provide should be addressed to the chat function on The Bankiom Dashboard. You should clearly indicate that you are wishing to make a complaint to us. This helps us to distinguish a complaint from a mere query. Our complaints procedure (available on our Website) sets out the process for submitting and resolving any complaints. You may request a copy of our complaints procedure at any time by contacting customer services via the chat function on The Bankiom Dashboard.
- 25.1 In order to use other functions of The Bankiom Services, you may be requested to accept other terms and conditions, either with Bankiom or with a third party.
- 25.2 To be eligible to use The Bankiom Services, you must:
- A) pass our regulatory due diligence checks;
- B) not be in breach of these Terms; and
- C) not have had any previous Bankiom Account closed by us.
- 25.3 These Terms do not intend to confer any benefit on any third party and no third party shall have the right to enforce these Terms or any Bankiom Transactions.
- 25.4 It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your Bankiom Transactions, or for collecting, reporting or remitting any taxes arising from any Bankiom Transactions. You hereby agree to comply with any and all applicable tax laws in connection with your use of The Bankiom Services, including without limitation, the reporting and payment of any taxes arising in connection with Bankiom Transactions made through The Bankiom Services.
- 25.5 If we fail to assert any of our rights under the Terms, or applicable laws, it shall not be deemed to constitute a waiver of such right and our failure to assert any of our rights in one instance does not mean we cannot assert such right in any other instance.
- 25.6 You may not transfer, delegate, or assign or sell any rights or obligations you have under these Terms. Bankiom reserves the right to transfer or assign these Terms or any right or obligation under these Terms at any time. Any transfer, delegation, or assignment in violation of this Section 25.6 is null and void.
- 25.7 We may comply with any subpoena, levy, or other legal process which we believe to be valid. We may notify you of such process electronically, by phone, or in writing.
- 25.8 Bankiom reserves the right, but shall have no responsibility, to edit, modify, refuse to post or remove any provider content, in whole or in part, that in its sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of these Terms.
- 25.9 Unless stated otherwise in these Terms, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
- 25.10 We do not provide advice and contract on an execution only basis. We may provide information to you from time to time, for example via The Bankiom Dashboard or the Website, but we will not and do not provide advice to you either upon the merits of a proposed Transaction or upon any other matter. Before entering into any Bankiom Transaction you must make your and their own independent assessment as to whether it is appropriate to enter into a Bankiom Transaction based upon your own judgment and upon such advice from such advisers as you consider necessary. It is an express term of every Bankiom Transaction which you enter into with us that you are not relying upon any communication (written or oral) made by us as constituting advice about or a recommendation to enter into such Bankiom Transaction.
- 25.11 Section, Schedule and paragraph headings are for convenience and shall not affect the interpretation of these Terms.
- 25.12 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
- 25.13 The Schedules form part of these Terms and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Schedules.
- 25.14 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
- 25.15 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
- 25.16 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
- 25.17 These Terms shall be binding on, and enure to the benefit of, the parties to these Terms and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party’s personal representatives, successors and permitted assigns.
- 25.18 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
- 25.19 A reference to writing or written includes email and the chat function on The Bankiom Dashboard.
- 25.20 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
- 25.21 These Terms shall be concluded and interpreted in the English language. If these Terms are translated into another language, it is for reference purposes only. All communications between the parties shall be in the English language.
- 25.22 A reference to these Terms or to any other agreement or document referred to in these Terms is a reference to these Terms or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of these Terms) from time to time.
- 25.23 References to Sections and Schedules are to the Sections and Schedules of these Terms and references to paragraphs are to paragraphs of the relevant Schedule.
- 25.24 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- 25.25 Supplements to these Terms are an integral part of these Terms, under which you and Bankiom agree on usage of specific services as defined in the Supplements.
- 25.26 The definitions set out Schedule 1 apply to these Terms.
SCHEDULE 1 — DEFINITIONS
“Card PIN” means personal identification number, which is associated with your Bankiom Card and allows you to enter into Bankiom Card Transactions.
“Cardholder Terms” means the terms and conditions between you and Bank relating to the issuance to you and the use by you of The Bankiom Card.
“Communications” means information provided relating to your Bankiom Account or any Bankiom Transaction, including: any agreements and policies you agree to, (e.g., these Terms) including updates to these agreements or policies; disclosures and notices, including prospectuses and reports for transaction receipts or confirmations; Bankiom Account statements and history; and payments authorizations and transaction receipts or confirmations; documents; and any other information related to your Bankiom Account or The Bankiom Services.
“Counterparty” means the person you wish to send Funds or money to.
“Counterparty Bank Account” means the bank account of the Counterparty.
“Funds” means electronically stored value represented by a claim against Bankiom.
“Force Majeure Event” means an event which is beyond the reasonable control of an affected party including without limit any market disruption, acts or restraints of government(s) or public authorities, war, revolution, strikes or other industrial action, fire, flood, natural disaster, explosion, terrorist action, the suspension or limitation of trading by any execution venue, or any breakdown, failure, defective performance or malfunction of any telecommunications settlement or other equipment or systems.
“Bankiom Account” means your relationship with us as described in these Terms.
“Bankiom Account Profile” means your profile, accessible on The Bankiom Dashboard where you can view, among other things, your details, your price plan and your verification limits.
“Physical Bankiom Card” means the standard Bankiom Card.
“Bankiom Funds Account” means an account with Bank in which Funds are held.
“Bankiom Services” means you being given access to the Mobile App, including The Bankiom Dashboard and all other software provided through the Mobile App.
“Bankiom Transactions” means both Bankiom Dashboard Transactions and Bankiom Card Transactions.
“Bankiom Transaction History” means the list of Bankiom Transactions you have entered into, which is available on The Bankiom Dashboard.
“Bankiom User” means a user of Bankiom which is not you.
“Information” means any confidential and/or personally identifiable information or other information, including but not limited to the following: name, email address, date of birth, tax identification number, billing/shipping address, phone number and financial information.
“Mobile Device” means your smartphone or other electronic device upon which you have downloaded The Bankiom Mobile App.
“Mobile App” means the mobile application accessible through your Mobile Device where you can obtain access to your Bankiom Dashboard.
“Mobile PIN” means your personal identification number which is entered onto The Bankiom Mobile App to gain access to The Bankiom Dashboard.
“Monetary Exchange” is not a service in its own right but will be part of a Bankiom Bank Transfer, an ATM Withdrawal or a Bankiom Card Purchase and means redeeming Funds in your Bankiom Funds Account and using it to purchase money in a different currency using the exchange rates as further described in the Cardholder Agreement;
“Physical Bankiom Card” means both the Standard Bankiom Card and the Premium Bankiom Card.
“Restricted Countries” means those countries that do not appear on The Bankiom Dashboard.
“Standard User” means an individual with a Bankiom Account which is not a Premium User.
“Standard Bankiom Card” means the tangible plastic card issued to Standard Users which allows Standard Users to enter into ATM Withdrawals and Bankiom Card Purchases.
“Stored Card” means the credit card, debit card, or other payment card, which you register for use on The Bankiom Dashboard and which will be used by Bankiom to receive funds against which we will issue Funds to your Bankiom Funds Account or for other purposes under these Terms.
“Supplement(s)” means an agreement between Bankiom and you for the provision of separate services by Bankiom or one of its partners to you, which will be set out on the Website.
“User”, “you” or “your” means you being the business that has agreed to these Terms to use The Bankiom Services.
“User Bank Account” means a bank account belonging to you.
“Virtual Bankiom Cards” means the virtual non-tangible cards that allow you to enter into Bankiom Card Purchases.
“Website” means our general website, the web address of which is www.bankiom.com.
“Website Acceptable Use Policy” means the website acceptable usage policy which can be found on our Website.
“Website Terms” means the terms and conditions regarding the use of our Website which can be found on our Website.