Last updated: October 4, 2016
Paxum Bank Limited provides this website (the “Site”) and the services available to you through this Site (the “Services”) subject to your compliance with the terms and conditions below, all of which are legally binding on you (the “Site Agreement”).
For the purposes of this Site Agreement, the term “Bank” means Paxum Bank Limited having its registered address at Centre Cross Lane, Roseau, Dominica.
PLEASE READ THIS BEFORE ACCESSING THE FULL SITE. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE. You affirm that you are at least 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Site Agreement, and to abide by and comply with this Site Agreement.
THIS SITE IS NOT INTENDED FOR AND MAY NOT BE USED BY PERSONS UNDER 18.
While visiting the Site, you may not:
- post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Site or the Internet;
- post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other similar, harmful or disruptive component; or
- upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right-holder.
2. Site Operation
Bank shall be under no obligation to continue to operate the Site for any particular term and may remove or change the Site at its sole and absolute discretion.
All information submitted to Bank through Site shall become the property of Bank and Bank shall be free to use, for any purpose, ideas, concepts, know-how or techniques contained in information that you may submit to the Bank through this Site unless otherwise stated herein. Bank shall not be under an obligation of confidentiality in respect of such information except and to the extent that Bank enters into or assists in establishing a customer relationship with or for you, or as otherwise agreed by Bank or as may be required by applicable law. This provision shall not serve to limit the responsibilities of Bank in respect of customers with whom or for whom it has established a customer relationship.
6. Bank Services
Bank is in the business of providing banking services to individuals (“Personal Clients”) and entities (“Business Clients”). Individuals may open only one personal account and business entities may open one business account for each business on which legal documentation has been provided. Personal Account Holders and Business Account Holders must electronically sign a Bank Service Agreement during the registration process. Bank, or one of its affiliates, maintains a relationship with a principal member of MasterCard International (the “Member Bank”) under which the Member Bank maintains, operates and administers a co-branded prepaid debit card (“Prepaid Debit Card”) program to facilitate the Bank’s payments. The Member Bank establishes and implements all card funding criteria, strategies and operational policies and procedures governing the Prepaid Debit Card program, all in accordance with the Card Association Rules. You may be required to accept additional terms and conditions in order to obtain a Prepaid Debit Card. Member Bank maintains full and sole ownership and control of the program and sustains all risk of operation and administration of the program. Further, Member Bank retains full possession of all funds provided to Member Bank for loading and reloading value to the Prepaid Debit Cards. Member Bank is also responsible for customer service in relation to the program.
7. Limitation of Liability
BANK, INCLUDING ITS AFFILIATES, RELATED COMPANIES, SPONSORING BANKS, PROCESSORS AND OTHER SUPPLIERS, TAKE NO RESPONSIBILITY FOR THE ACCURACY OR VALIDITY OF ANY CLAIMS OR STATEMENTS CONTAINED IN THE SITE. FURTHER, BANK MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, INCLUDING WITHOUT LIMITATION, IMAGES, VIDEOS AND OTHER DOCUMENTATION IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BANK EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES THAT THE SERVICES PROVIDED BY BANK OR MEMBER BANK OR THAT THE OPERATION OF SUCH SERVICES WILL BE INTERRUPTION OR ERROR FREE. FURTHER, BANK DOES NOT WARRANT OR REPRESENT THAT THE SITE IS FREE FROM CHANGES CAUSED BY A THIRD PARTY OR THAT ANY INFORMATION OBTAINED IN RESPONSE TO QUESTIONS ASKED THROUGH, OR POSTINGS MADE ON, THE SITE IS ACCURATE OR COMPLETE. IN NO EVENT SHALL BANK BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION OR SERVICES AVAILABLE ON OR THROUGH THE SITE. EXCEPT AS MAY BE SET FORTH IN A SEPARATE SERVICE AGREEMENT, UNDER NO CIRCUMSTANCES SHALL BANK BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN $100.
If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines or practices of Bank in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
You agree to defend, indemnify and hold Bank and its affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Site Agreement by you or users of your account, or in connection with the use of the Site or the Internet or the placement or transmission of any message, information, software or other materials on the Site or on the Internet by you or users of your account.
10. Intellectual Property
All elements of the Site (the "Elements") such as, without limiting the generality of the foregoing, the texts, articles, photos, illustrations, images, videos and audio materials, are the property of Bank and are subject to licenses or agreements allowing their broadcast through the Site. No Site Element may be copied, reproduced, distributed, published, translated, downloaded, posted or sent, in any way whatsoever, without the prior written approval of Bank or the copyright holder. You are allowed to post or download the Site Elements, but solely for non-commercial purposes and for personal use, provided you do not change these Elements and maintain all their intellectual property notices. The trademarks and logos used or posted on the Site are trademarks which may have been registered by Bank or third parties. Nothing in the Site may be interpreted as allowing, directly or indirectly, the use of a trademark reproduced on the Site without the prior written approval of the owner of such trademark.
11. Third Party Links
Bank may provide hyperlinks to other websites maintained by third parties or Bank may provide third party content on the Site by framing or other methods. SUCH LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. Third parties may provide links to other internet websites or resources on this Site. BANK NEITHER CONTROLS NOR ENDORSES SUCH 'LINKED SITES' NOR HAS BANK REVIEWED OR APPROVED THE CONTENT OR INFORMATION THAT APPEARS ON THESE LINKED SITES. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. You acknowledge and agree that Bank is not responsible for the legality, accuracy or appropriate nature of any content, advertising, products or any other materials on or available from such linked sites. You further acknowledge, and agree that Bank, its officers, directors, employees, affiliates nor any other representatives shall not be held responsible, or liable, directly or indirectly, for any damage, or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods and services available on or through any such linked sites.
Bank makes no representation that content or materials on the Site are appropriate or available for use in all jurisdictions. Access to the Site from jurisdictions where such access is illegal is prohibited. Information that Bank publishes in the Site may contain references to products, programs or Services that are not necessarily available in your area. Such references do not mean that Bank will announce any of those products, programs and Services in your area at any time in the future. You should contact Bank for information regarding the products, programs and services that may be available to you.
Bank reserves the right to amend this Site Agreement at any time and without notice. Such changes shall be binding on you if you continue to use the Site. Please review this Site Agreement periodically to see that you are in agreement with the terms hereof, such as they may be from time to time.
This Site Agreement, including any and all documents referenced herein, constitutes the entire agreement between Bank and you pertaining to the subject matter hereof. In the event that you wish to procure one or more of the Services, then you shall be required to electronically execute a Bank Service Agreement and you may be required to agree to additional terms and conditions related to the Prepaid Debit Card and any other services offered by or through Bank, all of which shall govern your use of the Services and all of which are separate and apart from this Site Agreement.
Bank's failure to insist upon or enforce strict performance of any provision of this Site Agreement shall not be construed as a waiver of any provisions or right. Nothing in this Site Agreement shall be construed as constituting a partnership, joint venture or other association of any kind, or agent/principal relationship between the parties hereto. If any of the provisions contained in this Site Agreement were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.
This Site Agreement shall be governed by and construed in accordance with the laws of Belize. The parties agree that any and all issues in dispute under this Site Agreement must be resolved exclusively by arbitration before a single arbitrator who is a practicing corporate lawyer in Belize. The parties agree that the decision of the arbitrator will be final and binding and will not be subject to appeal on a question of fact, law or mixed fact and law. The parties agree to share equally the costs of arbitration. Such costs will not include costs incurred by a party for representation by counsel.
15. Contacting Bank
If you have any questions concerning this Site Agreement, please contact Bank through the contact information set out on the Site.
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