THE FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS IN WHICH JBANQ OFFERS YOU ACCESS TO JBANQ SERVICES.
This User Agreement ("Agreement") is a contract between you and "JBANQ"(103 SHAM PENG TONG PLAZA, VICTORIA, MAHE, SEYCHELLES). "JBANQ" and applies to your use of the JBANQ services available through http://www.JBANQ.com (collectively the "Service").
For additional information about the Service and how it works, please also contact JBANQ customer support at [email protected]
In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "JBANQ," "we" or "our" will refer collectively to JBANQ.
Anyone can apply to use JBANQ services however, we reserve the right to deny or restrict Services to anyone at our sole discretion. In addition, Services are only available to individuals or businesses that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors, persons who are suspended from our Service, persons residing where our Services are not permitted by law, or to persons who are known to or suspected of participating in criminal activity including but not limited to fraud, theft, money laundering, terrorism or child pornography.
2.The legal relationship between You and JBANQ.
JBANQ is an electronic financial platform that facilitates the making and accepting of payments to and from third parties. We act as your agent based upon your direction and at your request to use our Services that requires us to perform tasks on your behalf.
You acknowledge and understand that;
a)JBANQ is not a chartered bank or a deposit taking financial institute;
b)JBANQ is a stored value payment service provider and as such is acting only as your agent and custodian as permitted by law.
c)If you carry a balance in your JBANQ stored value account, JBANQ will pool the associated funds together with funds from other Users, and will place those funds in bank accounts at one or more deposit taking financial institutions. ("Pooled Funds")
d)Bank accounts holding Pooled Funds may be interest earning accounts and in such a case all interest earned is the sole property of JBANQ.
e)By adding value to your account, you appoint JBANQ as your agent to obtain the associated funds on your behalf and to transfer the funds to Pooled Funds, subject to the terms and restrictions of this Agreement.
f)By initiating and sending payments through the Service, you appoint JBANQ as your agent to transfer value to the recipient as designated, subject to the terms and restrictions of this Agreement.
g)When initiating and sending payments through the Service, until a payment is accepted by the recipient, you remain the owner of the value. You will not be able to receive associated funds or make additional payment to any other recipient unless the initial payment transaction is cancelled.
h)By receiving payments through the Service, you appoint JBANQ as your agent to cause the associated value to be added to your stored value account.
i)You may provide instructions to have associated funds reimbursed to yourself. Associated funds available for reimbursement will be equal to or less than the total stored value in your JBANQ account minus any applicable fees for making the requested payment type.
j)JBANQ acts as an Internet service provider by creating, hosting, maintaining and providing our Service to you via the Internet. We do not have any control over the products or services that are paid for with our Service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. All transactions are final once complete. You accept that JBANQ is not liable for any losses you may incur as a result of transfers from or to your stored value account from other Users.
k)We use many techniques to identify JBANQ Users. You authorize JBANQ, directly or through third parties, to make any inquiries we consider necessary to validate your registration and identity. However, we do this on a best effort basis and cannot guarantee any user's identity.
l)In the event that you have a dispute with one or more Users, you release JBANQ (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
m)WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JBANQ shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, and check deposits are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete.
n)IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT.
o)You agree to indemnify and hold JBANQ, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.
All applicable fees are available by logging into JBANQ located at http://www.JBANQ.com. All fees will be assessed in USA dollars. Once Payment is made it is non-reversible and non-refundable. JBANQ reserves the right to change its fee schedule at any time and without advanced notice.
4.Adding value to your account
All methods of adding value to your account are available by logging into JBANQ located at http://www.JBANQ.com. JBANQ reserves the right to change its available methods of adding value at any time and without advanced notice.
JBANQ shall make reasonable efforts to ensure that requests for adding of value are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete.
JBANQ Services are based in US Dollars. In the event that you make payment for adding value to a JBANQ stored value account in US Dollars then before you complete the payment, JBANQ will display the current value, and any applicable fees, which you must accept in order to proceed.
JBANQ Services are based in US Dollars. In the event that you make payment for adding value to a JBANQ stored value account in a currency other than US Dollars then before you complete the payment, JBANQ will display the current value, the exchange rate and any applicable fees, which you must accept in order to proceed.
All methods of receiving reimbursement are available by logging into JBANQ located at http://www.JBANQ.com. JBANQ reserves the right to change its available methods of reimbursement at any time and without notice. In order to receive reimbursement, you must complete a reimbursement order in full.
JBANQ shall make reasonable efforts to ensure that requests for reimbursement are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete.
When you send a payment through our Service, the recipient is not required to accept the payment. Any payments sent through JBANQ that are denied or unclaimed by a recipient will be returned to you on the earlier of: (a) the date of such denial, or (b) 10 business days after the date the payment is sent.
As a recipient of a payment through our Service, you are not required to accept the payment. Any payments sent through JBANQ that are denied or unclaimed by a recipient will be returned to you on the earlier of: (a) the date of such denial, or (b) 10 business days after the date the payment is sent.
JBANQ reserves the right to ask a recipient of a payment for further authentication or other information in order for him or her to receive it. Users who receive more than $10,000 in payments during a single week may be required to provide JBANQ with additional information in order to accept subsequent payments within the same week.
8.Your Information and Restricted Activities
a)Definition. "Your Information" is defined as any information you provide to us or other Users in the registration, payment process, or any other features of our Service. You are solely responsible for Your Information.
b)Restricted Activities. Your Information and your activities (including your payments and receipt of payments) through our Service shall not:
be false, inaccurate or misleading;
violate any law, statute, ordinance, contract or regulation including, but not limited to, those governing financial services, consumer protection, unfair competition or antidiscrimination;
be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
be obscene or contain child pornography of any kind;
contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information;
create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
9.Access and Interference.
Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the JBANQ site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is proprietary or is licensed to JBANQ by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for Your Information) from our web site without the prior expressed written permission of JBANQ or the appropriate third party. If you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
10.Privacy and Security.
11.Termination or Closing Your Account.
You may close your stored value account at any time by clicking the "Close Account" link in the JBANQ website. Upon closure of an account, any pending transactions will be cancelled. The associated funds corresponding to the stored value in your account at the time of closure, less any applicable fees, will be reimbursed to you by means of bank wire transfer. Wire instructions must be provided on closure.
You may not use closure of your account as a means of evading investigation - if an investigation is pending at the time you close your account, JBANQ may continue to hold associated funds for up to 180 days or as provided by law as appropriate to protect JBANQ against the risk of legal demands. If you are later determined to be entitled to some or all of the funds in dispute, JBANQ will make payment of those funds to you. You will remain liable for all obligations related to your account even after such account is closed. After the date of termination, we will use the information you provided to try to send you any funds that we are holding in custody for you. If that information is not correct, and we are unable to complete the payment to you, your funds will be subject to applicable Republic of Seychelles laws regarding escheat of unclaimed property. On closing of any account all records are kept indefinitely of transactions in that account and are not deleted.
12.Remedies and JBANQ's Right to Collect From You.
Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, place a hold on the value in your account, limit value adding sources and payments, limit access to an account and any or all of the account's functions (including but not limited to the ability to send value or be reimbursed from the account), limit reimbursements, indefinitely suspend or close your account and refuse to provide our Services to you if:
you breach this Agreement or the documents it incorporates by reference;
we are unable to verify or authenticate any information you provide to us;
we believe that your account or activities pose a significant fraud risk to us; or
we believe that your actions may cause financial loss or legal liability for you, our Users or us. If we close your account, we will provide you notice and reimburse you a value equal to your stored value account. Additionally, to secure your performance of this Agreement, you grant to JBANQ a lien on and security interest in your account. In addition, you acknowledge that JBANQ may setoff against any accounts you own for any obligation you owe JBANQ at any time and for any reason allowed by law. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else. JBANQ may consider this Agreement as your consent to JBANQ's asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights.
You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of JBANQ. JBANQ reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services. JBANQ is not responsible to establish your legal right to use our services. Such requirements rest entirely on the User.
JBANQ will make every effort to communicate directly with you via its internal messaging system and encourages its use by you. At no time will regular email be used to ask for passwords or ask you to sign in because of a system upgrade. You will however, from time to time, receive a notice to your email address that you have a message waiting in your JBANQ account.
You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), will be provided to you electronically and you agree to receive all Communications from JBANQ in electronic form. Electronic Communications may be posted on the pages within the JBANQ website and/or delivered to your internal mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. JBANQ reserves the right but assumes no obligation to provide Communications in paper format.
Except as explicitly stated otherwise, any notices shall be given by postal mail to JBANQ 103 SHAM PENG TONG PLAZA, VICTORIA, MAHE, SEYCHELLES. (in the case of JBANQ) or to our online message center. Notice shall be deemed given 24 hours after posted or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by e-mail to the address provided to JBANQ during the registration process. In such case, notice shall be deemed given 3 days after the date of e-mailing.
In the event a dispute arises between you and JBANQ, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and JBANQ agree that any controversy or claim at law or equity that arises out of this Agreement or JBANQ Services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, JBANQ strongly encourages users first to contact JBANQ directly to seek a resolution. JBANQ will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Republic of Seychelles, and in your case, your home address or principal place of business. You and JBANQ agree to submit to the personal jurisdiction of the courts located within the city of Victoria Mahe Republic of Seychelles.
Alternative Dispute Resolution. JBANQ will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in the city of Victoria Mahe Republic of Seychelles., or another location mutually agreed upon by the parties.
Violations of Section 15. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or commencement of arbitration. Should either party file an action contrary to this Section 15, the other party may recover attorneys' fees and costs up to $25,000.00, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
Contacting JBANQ Service providers: In the event of a dispute between you and JBANQ we strongly discourage Users from calling our service providers in order to obtain resolve on the dispute. JBANQ has the right to immediately suspend Services to any Users who have contacted JBANQ service providers in regards to JBANQ for any reason whatsoever unless given expressed written consent of to do so by JBANQ.
This Agreement is governed by and interpreted under the laws of Republic of Seychelles. As such, laws are applied to agreements entered into and to be performed entirely within Republic of Seychelles. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by JBANQ, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
18.Complaints and disputes.
Disputes between you and another user of JBANQ may be dealt with by writing or emailing our complaints department as per below. JBANQ will attempt to mediate and resolve the dispute on a best efforts basis.
Attn: Customer Support - Complaints
103 SHAM PENG TONG PLAZA, VICTORIA,
We will store and process your information on JBANQ computers using a minimum of 128 bit encryption technology. We strive to utilize the best and most robust technology available. Should JBANQ computer(s) be compromised in any way, stolen or seized, no data on those computers will be accessible without a JBANQ decryption key. JBANQ decryption keys are not stored on the computers holding User data. We maintain data on multiple computers in several countries worldwide to ensure that a failure of a single computer or region does not result in a loss of or compromise of any data.
Only limited JBANQ staff members will have limited access to Your Information and only for the purposes of account management as per the terms of this agreement. Directors of JBANQ will be authorized to access all Your Information but only on a limited basis as per the terms of this contract.
By "Your Information" we mean personal and financial information we
obtain from you or from third parties
learn from the way you use and manage your account, from the transactions you make and from the payments which are made to your account.
JBANQ, will use your information to maintain your stored value account, provide you information about your stored value account, provide our Services, and to develop and improve our Services to you, for example by informing you about products and services we are offering. You agree hereby to receive such notices from JBANQ.
21.Collection of Information
JBANQ uses a digitally signed certificate to authenticate your identity. This certificate is in part specific to your computer which means that additional certificates will be required for every computer you use to access your stored value account.
22.Accessing and Changing Your Information
You can review the personal information you have provided us, or update such information, or make changes to the settings for your JBANQ stored value account, at any time by logging in to your account on the JBANQ Web site.
23.Electronic Fund Transfer Rights and Error Resolution
You agree to notify us immediately upon belief that your JBANQ PIN has been compromised, or upon belief that someone has transferred or may transfer money from your stored value account without your permission.
You can inspect your stored value account transaction history at any time by logging in to your account on the JBANQ website.
In the event of the belief of unauthorized transactions, payment problems, errors or questions about your account, you must notify JBANQ through our internal messaging system available by logging into JBANQ or in writing. Notices using regular email will be ignored. You must:
Tell us your name and primary email address;
Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and,
Tell us the value amount of the suspected error. We will tell you the results of our investigation within ten (10) business days after we hear from you, and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) calendar days to investigate the complaint or question. If we decide to do this, we will provisionally credit your stored value account within ten (10) business days for the amount you think is in error, so that you may have the use of the value during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not provisionally credit your stored value account. If we determine there was no error, we will mail you a written explanation using our internal messaging system within three (3) business days after we finish the investigation.
24.Irrevocable Payment Policy
Once a User of JBANQ authorizes a payment, the payment cannot be reversed by the sender of the payment. The recipient of the payment may at their own option return payment on their own terms but that is not the responsibility or obligation of JBANQ. In the event that the goods or services sent were not that promised by the recipient of payment or else were faulty or in any other way unacceptable or misrepresented, then the sender of payment may contact our complaints department to work out a resolution on the matter. Both sender and recipient of payment hereby consent to accept without recourse the determination of JBANQ and its legal representatives in resolving the matter.
25.Use of JBANQ Logos on web sites.
When you display the JBANQ logo on your web site it must first be approved by JBANQ and you must have an account with JBANQ into which payments can be received.
26.JBANQ base stored value currency
27.JBANQ Business Day.
Monday through Friday, excluding Republic of Seychelles and US Holidays.
It is the express intent of the parties of this User Agreement that this User Agreement and all related documents be in the English language.