The Terms and Conditions below govern the relationship between ibani and its customers. "ibani.com" is a multiplatform including exchange operated by the company Ibani SA, located at Avenue de la Praille 50, 1227 Carouge, which operates and holds all rights therein, including brands, the website and all mobile platforms.
The present Terms and Conditions have been published on 01.01.2018.
Any natural or legal person entering into a contractual relationship with ibani and / or who uses the services offered by ibani is considered as "Customer".
Any Client is bound by the Terms and Conditions of ibani. The Customer declares to have contacted ibani of his/her own initiative without having been asked by a directed sales approach outside Switzerland from ibani.
ibani will deliver to each Customer a secure way to connect for access to products and services offered by ibani.
The Customer is solely responsible for ensuring the integrity and security of its connection information, in particular concerning the complexity of the password and authentication methods it has chosen.
The Customer agrees to change as soon as possible after receipt any password provided by ibani.
The Customer agrees to take all security measures that are in place and available within the known technology to reduce the risk of improper access to its identifiers, codes and other information to authenticate it, as well as any risk of fraud or hacking, including changing its password periodically.
ibani proceeds to the verification of the identity of the Customer and to legitimation information in accordance with the rules and due diligence expected in the profession, for a financial intermediary.
The Customer is liable for any lack of legitimation or use false, without his/her knowledge, except in cases where ibani would have committed a wilful misconduct or gross negligence in connection with the verification of said legitimation.
The access given to the Platforms is strictly personal and not transferable. Any use by third parties is strictly prohibited. Thus, Customer agrees not to transmit personal information access in any form whatsoever to a third party.
ibani can at any time, whatever the duration of the relationship between the Customer and ibani, withdraw access to the Platforms and the services offered without stating the reason, in particular in case of violation of these Terms.
ibani makes every reasonable effort to ensure that the information published and / or reproduced on its Platforms comes from sources considered reliable and written in good faith and with diligence.
ibani does not guarantee the accuracy, reliability, completeness, performance or suitability of the information mentioned in the preceding paragraph in connection with the use of its Platforms and its products and services.
ibani assumes no responsibility for the updating or modification of the content or modification of any information, for their use or interpretation, and offers no guarantee as to the completeness and accuracy of this information. Information, in particular relating to a foreign exchange rate, services or data mentioned on the Platforms of ibani are posted for informational purposes only and do not constitute an advice or an offer to conclude, nor a financial or investment offer.
ibani.com's Platforms may have links to other websites that are administered and managed by third parties. These links provide the Customer with comfort and additional information, but in no way constitute an invitation, approval, authorization, sponsorship or affiliation of ibani to these sites, their owners or their hosts. The Customer can not hold ibani responsible for any loss or damage caused by the use of any content, products or services available on such platforms.
ibani undertakes to provide the Customer with quality products and services. The responsibility of ibani is excluded in case of force majeure, as well as in case of slight fault by ibani, its directors, managers, employees and auxiliaries.
The Customer undertakes to use the ibani Platforms and related services at his/her own risk and under his/her own responsibility.
ibani can not be held responsible towards the Customer or any third party for any loss, damage, claim or compensation, including the loss of profit or loss of use incurred by the Customer or the third party, resulting from a part of any error, omission or negligence on the part of the Customer, or on the other hand resulting from the impossibility, outside the sphere of control of ibani, to execute a transfer.
Actions and / or inactions of the partner banks are considered to be outside the control sphere of ibani.
ibani is not responsible for the tax consequences of transactions made, the Customer bears the costs and commissions charged to ibani by an intermediary bank or any third party for any transaction made on the order of the Customer, and all additional costs incurred by ibani in the event that the Customer has provided ibani with inaccurate or incorrect payment instructions.
The maximum cumulative amount to which ibani could possibly be liable to compensate the Client is limited to the amounts that the Client has transferred using the services of ibani, to the exclusion of any direct, indirect and additional moral damages.
ibani is not responsible for the provision or maintenance of the means by which the Customer accesses the Platforms, which includes the appropriate hardware and software and the Internet connection. The Customer is responsible for the access and all costs necessary to connect to the Platforms and assumes all risks associated with the use and storage of login information on the used computer hardware or server to access the Platforms and its services. The Customer will take all necessary precautions in order not to expose the Platforms to computer viruses such as worms or Trojan horses or to any other dangerous and / or inappropriate material or device. If a virus or other malicious device is deemed to have been transmitted on one of the ibani Platforms from the Customer's account, then ibani reserves the right to terminate the Customer's account who will be responsible for the costs for the elimination of these viruses and the repair of the damage or any other expenses which ibani will have to face as a result of the serious negligence or the intentional acts of the Customer. Any intentional and malicious act will be reported to the prosecutor and prosecuted.
ibani is not responsible for the conformity or compatibility of its programs with the Customer's computer equipment, or any other Customer's hardware affected by the use of its Platforms, products or services available.
ibani is not responsible for the consequences that its programs have on the Customer's computer equipment, or any other material of the Customer affected by the use of its Platforms, products or services available.
The Platforms, the products and services associated with them can only be used by the Customer or the user with the benefit of a power of attorney duly validated and accepted by ibani.
The Client or the person acting on behalf of a legal person is deemed to have the appropriate powers to represent it, in accordance with the information, powers of attorney and powers of signature that have been communicated to ibani, regardless of their eventual subsequent cancellation or delisting as well as divergent entries in the Public Registers, in Switzerland or abroad.
The rights of access and use do not extinguish in case of death, loss or limitation of the exercise of civil rights or bankruptcy of the Customer, before ibani is informed directly. The relationship with ibani remains subject to these Terms and Conditions until access is revoked.
The Platforms, products and services made available by ibani are intended for actual business operations, such as the purchase of goods or services in foreign currencies. In no case should they be used for speculative purposes.
The use and even consultation of Platforms are prohibited from countries where the information, products or services that are available on ibani Platforms are prohibited by law. The ibani Website and Platforms do not constitute an invitation or an incentive by ibani to use the information, products or services it makes available in countries whose law prohibits the use of this information, products or services.
It is the responsibility of the Customer, who has the obligation and who assumes full responsibility, to check whether the rules, laws or other regulations of the country from which he / she accesses the Platforms do not prohibit or limit access or use of said Platforms.
The Client acknowledges and agrees to release ibani from all liability and to indemnify him for any damages in connection with claims, applications to court, or liability based on foreign law for accessing or using the ibani Platform(s) from abroad.
The Customer must follow the instructions that ibani sends to him via his/her Platforms or by any other means (email or phone), to place an order or to enter a payment. ibani reserves the right to request additional or complementary information from the Customer, in particular within the framework of the LBA (anti money laundering Swiss regulations), before executing any order sent to him by the Customer.
ibani reserves the right to refuse, withdraw or cancel the instructions submitted by the Customer, as well as to interrupt all or part of an order from the Customer at any time during the transaction process and without cause. The Customer's orders may be cancelled at any time, but at the latest until a confirmation of exchange is sent by ibani. Once this confirmation is sent, the Customer will no longer be able to make corrections to the details of his/her order. Similarly, the Customer may change the details of his/her payments at any time, but at the latest until a confirmation of transfer is sent to him by ibani.
All exchange orders or payments made by the Customer are subject to validation by ibani. Confirmation of this validation takes the form of a currency exchange confirmation for currency transactions or a transfer confirmation for remittances. It is the Customer's responsibility to ensure that ibani correctly receives its foreign exchange orders and payment instructions. The contract between ibani and the Customer will only be formed once the electronic confirmation of the transaction has been sent. In the absence of such confirmation, no obligation is made to ibani to provide currency exchange or other services such as transfer of funds. The Customer must keep a copy of the confirmations.
In the event of cancellation by the Customer of its foreign exchange transaction within the stipulated time, ibani will return the balance of the funds to the issuer of the payment.
In case of an injunction issued by the competent authorities, or in the context of its obligations related to the AML, ibani will have the right to refuse to return the funds of the Customer until the lifting of a possible blocking ordered by the authority.
No interest is due on deposits made by the Customer with ibani.
ibani reserves the right to deduct any amount that may be required by law or contract and that would be charged to ibani when transferring funds, including correspondent banks, intermediaries or partners.
The Client formally declares that all funds transferred are the sole property of the Client from a legal point of view and that these funds are not subject to any tax, fee or other charge of any kind whatsoever.
ibani as a supervised financial intermediary complies with the Federal Law on Combating Money Laundering and Terrorist Financing in the Financial Sector and its Implementing Ordinance (AML) and the relevant regulations. ibani is entitled to use the services of a third party to enable it to confirm this information.
The Customer agrees to communicate to ibani any changes that occur after the opening of the relationship. The Customer agrees to provide ibani with any information and any document, spontaneously or on request, allowing to identify and clarify the identity of the Client, the economic beneficiary (s) and the origin of the funds, at the start of the relationship or when renewing the checks or clarifications to which ibani will proceed. The Customer is informed that intentionally filling in the forms incorrectly is punishable (forgery in titles according to art. 251 of the Swiss Penal Code).
ibani may require additional supporting documents, in particular to prove the reality and transparency of the commercial operations justifying the foreign exchange transactions. This information will be kept by ibani for a period of ten years.
ibani has the right to take all the necessary measures to remove any suspicion and proceed, if necessary, to any communication to the competent authorities, as well as to block the funds, in accordance with Swiss law.
Any information communicated by the Customer will be treated by ibani in a confidential manner and in compliance with Swiss law and in particular the law on the protection of personal data. By using the Platforms and services of ibani, the Customer accepts that the information provided is used by ibani in the context of its activities.
The Customer confirms, by accepting the Terms and Conditions, that all the data he provides are accurate and reflect reality and truth.
The Client authorizes ibani to communicate all information and data relating to said Customer, to any authority entitled to receive them on the basis of an application or an enforceable judicial decision, as well as to any authorized entity within the framework of the auditing and review, or any authorized custodian bank or third-party correspondent of ibani that requires it to fulfil its own obligations. Data transmitted abroad will no longer be subject to or protected by Swiss law.
ibani has the right to keep the data of the Customer in any format whatsoever and in particular in electronic form.
ibani is entitled to record telephone conversations and videoconferences for security or evidence reasons.
ibani offers its services every bank business day in Switzerland and in the country of the foreign currencies involved, regardless of the Customer's possible access from abroad.
ibani is not responsible for any delay related to late payment instructions from the Customer or late receipt of funds, especially when these are communicated or transferred after the cut-off of the custodian banks and / or from ibani. ibani undertakes, as far as is reasonable, to make every effort to deliver the Customer as soon as possible.
In the event of violation by the Customer, or its authorized users, of the Terms and Conditions, regulations and laws applicable in Switzerland, or in the country of origin of the Customer, or any other international rule to which the Customer would be subject, in particular in matters of money laundering laws and other Swiss or international financial regulations, ibani, its directors, managers, employees and auxiliaries will be released from any liability towards the Customer or authorized users and they will be entitled to compensation by the Customer, for any damage or penalty incurred, including the legal and defense costs in Switzerland or abroad of ibani.
In addition, ibani will be entitled to terminate the rights to use the Platforms and the products and services of the Customer and / or terminate with immediate effect the business relationship with the Customer.
ibani also reserves the right to refuse and stop any transaction or part of the transaction that the Customer has ordered, and this at any time of the relationship.
The content of the Platforms (website, mobile applications) is the exclusive property of ibani. No content (texts, articles, logos, visuals, images, software) may be copied or imitated for any purpose, commercial or private.
ibani grants each Customer a nominative, non-transferable, personal, unit license to access the ibani Platforms and use the services offered therein. This license is subject to full and complete compliance of the Customer with these Terms and Conditions.
The Client furthermore prohibits any publication whatsoever, including but not limited to the publication on websites or in e-mails, of links ("deep-link"), that is to say any hypertext link pointing specifically to a website resource other than its home page or newsletter and blog pages.
Copy any of the content of the Platforms (website and mobile platforms), total or partial by the Customer is prohibited.
The Customer will be held responsible for any non-compliance with the rules defined in this chapter.
ibani has the right to outsource some of its activities in Switzerland or abroad, such as for example the IT activity, its internal monitoring, or accounting, in compliance with the law and the Swiss regulations.
Any complaint made by the Customer must be notified to ibani, in writing and immediately, but within 24 (twenty-four) working hours at the latest after receipt of the confirmation of the disputed transaction.
In the absence of a dispute by the Client within the time limits, the transactions are deemed ratified and approved by the Client.
ibani has the right to modify the Terms and Conditions at any time. The Customer shall be informed of the changes electronically or directly on his/her login. Acceptance of the Terms and Conditions is necessary for the use of the ibani Platforms.
ibani may, at any time, make any modification deemed necessary in the content of the Platforms (website, mobile platforms), the products and services offered by ibani, or the conditions of use of such services.
The Customer is informed and formally agrees that the use of the Platforms and Services is only within the exclusive framework of ibani's Terms and Conditions.
Any additional contract between the Customer and ibani or any other relationship is automatically subject to these Terms and Conditions.
ibani SA may, at its own decision, delete or modify the IBAN(s) assigned to its customers.
This being said, and as far as possible, ibani undertakes not to carry out any deletion, modification, re-allocation or permutation of the IBAN(s) assigned.
However, when a customer does not or no longer uses his/her account for an extended period of time, ibani reserves the right to recover his/her IBAN(s).
Thus, an IBAN assigned to a customer on which:
The contractual relationship between the Customer and ibani may be terminated at any time and without cause. The receivables become immediately due and ibani will be entitled to assert its right of compensation, in accordance with art. 120 of the Swiss Code of Obligations.
Neither the death, curatorship or loss of the exercise of civil rights nor the bankruptcy of the Client have the effect of extinguishing relations with ibani.
If any provision of these Terms and Conditions is void, the other provisions of the Terms and Conditions remain valid and continue to apply their effect (s) between the Customer and ibani.
Swiss law is applicable to relations between the Customer and ibani, excluding the rules of private international law in the event of a conflict of laws. The courts of the headquarters of the company are competent, subject to appeal to the Federal Court.
The location of ibani's head office is also the place of pursuit for the Customer who is domiciled outside Switzerland.
The Customer acknowledges having read, understood and accepted the terms of these Terms and Conditions and accepts them without reservation at the time of registration.
For the avoidance of any doubt, this document has been translated from its original version in French. Any and all proceedings or actions, whether in court or otherwise, shall be subject to the original version of this document in French.