1. What This Terms and Conditions Agreement Covers
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING ZENUS WEBSITE AND/OR ZENUS APP YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE ZENUS WEBSITE AND/OR APP.
- App: Zenus Bank mobile app
- Current Version: A current version of the software that we support and that is currently being supported by its publisher or the applicable Zenus platform (e.g., Apple’s iOS).
- Device : Refers to all types of computers, mobile phones, tablets, and other devices.
- Zenus Account (also Online Account): Means the deposit account from which you will be conducting transactions using a Service.
- Online Banking Services: Refers to the online platform and/or App that allows you to perform the Services. "Online Banking Services" or "Online Services" are the Internet-based services providing access to your accounts.
- Service: Access to Zenus’ web and/or platform.
- Site: Zenus Bank website www.zenus.com
- VPN: Virtual Private Network establishes a protected network connection when using public networks.
3. Terms and Conditions
To use Zenus Bank you will need to have the following: (a) a Current Version of an internet browser we support or of the Zenus handheld device application (the “App”); (b) a connection to the internet; (c) a computer or electronic device and an operating system capable of supporting all of the above (“Your Device”); (d) you must have enabled the Global Positioning System (“GPS”). By “Current Version,” we mean a version of the software that we support and that is currently being supported by its publisher or the applicable Zenus platform (e.g., Apple’s iOS). The use of a VPN is not allowed, and you will not be able to use our services if you are connected to the internet using a VPN. We reserve the right to discontinue support of a Current Version for any reason, including our opinion, in our sole and absolute discretion, that the Current Version suffers from a security or other type of flaw that makes it unsuitable for use with the Service as permitted by and in accordance with our policies and applicable law. If you make unauthorized modifications to Your Device, such as by disabling hardware or software controls (for example, through a process sometimes referred to as “jailbreaking”), Your Device may no longer be eligible to access or use the Service and we reserve the right to deny or limit your access to the Service and to assert any other remedies available to us under these Terms.
3.2. Acceptable Use
To the extent permitted by applicable law, you are the sole responsible for all of your activities using Zenus Services. You may not use the Service in a manner that: (i) attempts to damage, disable, overburden, or impair our servers or networks; (ii) uses or launches any manual or automated device or system, including “robots,” “spiders,” or “offline readers,” to (a) retrieve, index, “scrape,” “data mine,” access or otherwise gather any Service information or our systems; (b) reproduce or circumvent the navigational structure or presentation of the Service; or (c) otherwise harvest or collect information about users of the Service; (iii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of Zenus or any other party (including rights of publicity or other proprietary rights); (iv) attempts to introduce viruses or any other computer code, files, or programs that interrupts, destroys, or limits the functionality of any computer software, hardware, or telecommunications equipment; (v) attempts to gain unauthorized access to our computer network or user accounts; (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (vii) reverse engineers, decompiles or disassembles any portion of the Service, except where such restriction is expressly prohibited by applicable law; (viii) is unlawful, fraudulent, or deceptive or attempts to breach any law or regulation; (ix) uses technology or other means not authorized by us to access the Service information or our systems; (x) reproduces, modifies, adapts, translates, creates derivative works of, sells, rents, leases, loans, timeshare, distributes or otherwise exploits any portion of (or any use of) the Service except as expressly authorized herein, without our express prior written consent; (xi) fails to comply with any applicable third party terms; or (xii) otherwise violates these Terms or our policies and procedures. Unauthorized use of the Site in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of these Terms and Zenus policies, may result in civil and criminal penalties against the sender and those assisting the sender, including those penalties provided by the Computer Fraud and Abuse Act (18 U.S.C. §§ 1030 et seq.).
Zenus Bank reserves the right, by our own discretion, to terminate your Zenus Account and access to such account, your use of the Service (in whole or in part), any product provided to you or third party service made available to you and to assert our legal rights with respect to content or use of the Service we reasonably believe is, or might be, in violation of these Terms or the terms of any Services or third party service subject to applicable law and the terms of any Services or third party service. The provider of a third-party service you access through the Service may have additional termination rights under the terms for their third-party service.
Zenus Bank owns and controls or license all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on Zenus’ web site (the “Site”) and on the App and is protected by applicable trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Certain other words and symbols used to identify the source of third-party goods and services are trademarks of their respective owners. The display of any such trademarks or trade dress on the Site does not imply that a license of any kind has been granted.
ZEN CARD® ZENUS® are service marks of Zenus Bank International. Zenus Bank reserves the rights to all content and no part of the Site may be copied, distributed, encoded, posted, publicly displayed, reproduced, republished, translated, transmitted, or uploaded in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Zenus express prior written consent. Unauthorized use, downloading, re-transmission, display, distribution or other copying, or modification of any copyrightable matter in the above and/or the Content on the Site or App herein is prohibited, and those engaging in such activities could be subject to legal action.
Users can use information on Zenus products and services on (such as brochures, fact sheets, marketing and similar materials) purposely made available by Zenus for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents. The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be restricted, prohibited or otherwise contrary to applicable law or regulation.
The name “Zenus” and “Zen Card” trademarks, service marks, graphics and logos used in connection with the Service are our trademarks or registered trademarks (collectively “Bank Marks”); Other trademarks, service marks, graphics and logos used in connection with the Service are the trademarks of their respective owners (collectively “Third Party Marks”). Zenus Bank Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without our prior written permission or the prior written permission of the applicable trademark owner. The Service and its content are owned, controlled or licensed to or by us and protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights.
Mention of third-party products, companies and web sites is for informational purposes only and constitutes neither an endorsement nor a recommendation. Zenus assumes no responsibility with regard to the selection, performance or use of these products or vendors. Zenus provides this only as a convenience to our users. Zenus has not tested any software found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software found on the Internet, and Zenus assumes no responsibility with regard to the performance or use of these products. Make sure that you completely understand the risks before retrieving any software on the Internet.
By using your Zenus Account Service through the Site or App, you authorize Zenus and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Zenus and its agents as your agent for this limited purpose. Each time you enter your Zenus account login information, you are permitting Zenus and its agents to process your request and use information submitted by you to accomplish the foregoing.
YOUR USE AND/OR ACCESS TO THE ZENUS WEBSITE AND/OR APP (COLLECTIVELY REFERRED TO AS THE “ONLINE BANKING SERVICES”) AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A VENDOR) IS AT YOUR SOLE RISK. THE ONLINE BANKING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, ZENUS AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW AS TO THE ONLINE BANKING SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE ONLINE BANKING SERVICES. ONLINE BANKING SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BY USING OUR WEBSITE AND/OR APP, ZENUS BANK AND OUR VENDORS MAKE NO WARRANTY THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE ONLINE BANKING SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE ACCURACY OR INTEGRITY OF THE INFORMATION AND THE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY, ADEQUACY, VALIDITY OR COMPLETENESS OF THE INFORMATION AND MATERIALS, TITLE, FREE OF VIOLATION, MERCHANTABILITY, USE OR FOR A SPECIFIC USE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ONLINE BANKING SERVICES WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS OR DEFECTS IN THE TECHNOLOGY WILL BE CORRECTED, OR (VI) THE WEBSITE IS FREE OF VIRUSES OR HARMFUL COMPONENTS.
ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. YOUR SOLE REMEDY AGAINST ZENUS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES. THE ABOVE DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. ZENUS RESERVES THE RIGHT TO DO ANY OF THE FOLLOWING, AT ANY TIME, WITHOUT NOTICE: (1) TO MODIFY, SUSPEND OR TERMINATE OPERATION OF OR ACCESS TO THE SITE, OR ANY PORTION OF THE SITE, FOR ANY REASON; (2) TO MODIFY OR CHANGE THE SITE, OR ANY PORTION OF THE SITE, AND ANY APPLICABLE POLICIES OR TERMS; AND (3) TO INTERRUPT THE OPERATION OF THE SITE, OR ANY PORTION OF THE SITE, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES.
YOU AGREE YOUR ACCESS TO AND USE OF THE SERVICES, SITE AND ANY PRODUCT OR ANY THIRD- PARTY SERVICE IS AT YOUR OWN RISK. IN NO EVENT SHALL WE OR OUR THIRD PARTY PROVIDERS BE HELD LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES (INCLUDING LOST PROFITS ) OR EXPENSES ARISING IN CONNECTION WITH (A) YOUR USE OF THE SERVICE, SERVICE INFORMATION, ACCOUNT INFORMATION (INCLUDING WITH RESPECT TO THE RETRIEVAL OR ACCURACY THEREOF), ANY PRODUCT (INCLUDING ANY APPLICATION FOR SUCH PRODUCT) OR ANY THIRD PARTY SERVICE OR THIRD PARTY SITE, OR (B) ANY SITE OR APP FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; OR LINE OR SYSTEM FAILURE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
3.7. Service Interruption
ZENUS BANK IS AN ONLINE BANK AND FROM TIME TO TIME, DUE TO MAINTENANCE, MALFUNCTIONS OR FAILURES OF SOFTWARE, EQUIPMENT, OR TELECOMMUNICATIONS DEVICES, AS WELL AS UNUSUAL TRANSACTION VOLUME OR SIMILAR OR ANY OTHER REASONS, THE ONLINE BANKING SERVICES MAY NOT BE AVAILABLE TO YOU. WE MINIMIZE THE PERIODS OF TIME DURING WHICH THE ONLINE BANKING SERVICES ARE UNAVAILABLE. UNLESS WE HAVE ACTED IN BAD FAITH AND EXCEPT TO THE EXTENT OTHERWISE PROHIBITED OR LIMITED BY APPLICABLE LAW FROM DISCLAIMING OUR LIABILITY TO YOU, WE WILL NOT BE LIABLE TO YOU FOR PERFORMING (OR FAILING TO PERFORM) OUR SERVICES UNDER OR IN CONNECTION WITH THIS AGREEMENT IF WE HAVE ACTED IN ACCORDANCE WITH GENERAL BANKING CUSTOMS AND PRACTICES AND PUBLISHED REGULATORY AND CLEARINGHOUSE RULES. WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR DELAYS OR MISTAKES WHICH HAPPEN BECAUSE OF REASONS BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF CIVIL, MILITARY OR BANKING AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, RIOTS, ACTS OF TERRORISM, FAILURE OF TRANSPORTATION, COMMUNICATION OR POWER SUPPLY, COMPUTER FAILURES, LOSS OF POWER, FAILURE OR INTERRUPTION OF COMMUNICATION OR TRANSPORTATION FACILITIES, STRIKES, HURRICANES, EARTHQUAKES, CIVIL UNREST, MALFUNCTION OF OR UNAVOIDABLE DIFFICULTIES WITH OUR EQUIPMENT, AMONG OTHERS. WE SHALL ALSO NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGES, COSTS OR EXPENSES WHICH YOU MAY SUFFER OR INCUR, DIRECTLY OR INDIRECTLY, AS A RESULT OF YOUR INABILITY TO ACCESS THE ONLINE BANKING SERVICES CAUSED DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, BY YOUR COMPUTER OR MOBILE DEVICE, YOUR INABILITY TO ESTABLISH A CONNECTION TO OR TO ACCESS THE INTERNET, OR OTHER LIMITATIONS OR CONSTRAINTS OF THE INTERNET. THE PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY IN ADDITION TO THE OTHER LIABILITY PROVISIONS IN THE AGREEMENT BUT AS APPLIED TO SERVICE INTERRUPTIONS FOR THE ONLINE BANKING SERVICES, THIS SECTION SHALL CONTROL.
3.8. Dispute Resolution
We encourage you to contact us as many concerns and claims can be resolved by writing us at Zenus Bank International, Inc, City Towers, 19th Floor, 252 Ponce de Leon, San Juan, PR, 00918, USA or online at www.zenus.com/support. If a dispute cannot be resolved informally, the following explains how claims (whether by you against us, or by us against you) will be resolved.
To the extent permitted by applicable law, any claim or dispute, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the then current Commercial Arbitration Rules and this provision and shall be aired in the Commonwealth of Puerto Rico. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. §§ 1-16 to the exclusion of any provision of state law inconsistent therewith or which would produce a different result. A single, neutral arbitrator shall determine the Claim of the parties and render a final award in accordance with the substantive law applicable. Strict confidentiality shall govern any arbitration proceedings, any and all information submitted to the arbitrator by the parties and to the decision or award entered by the arbitrator. Any court having jurisdiction may enter judgment upon the award rendered by the arbitrator. The terms hereof shall not limit any obligation of a party to defend, indemnify or hold harmless another party against court proceedings or other claims, losses, damages, or expenses.
The procedures specified in this section shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to your use of the Site; provided, however, a party may request temporary remedies in a court of law having competent jurisdiction to maintain the status quo or to protect goods or property until the arbitration has initiated and the selected arbitrator has had the opportunity to resolve the request for temporary relief. Each party is required to continue to perform its obligations under these Terms pending final resolution of any dispute arising out of or relating to these Terms and your use of the Online Banking Services, unless to do so would be impossible or impracticable under the circumstances.
3.9. Severability / No Waiver
If any provision of these Terms is deemed unlawful, void or unenforceable for any reason, then such provision shall be deemed to be removed from these Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms or additional terms for any product or third-Party Service will not waive our right to later enforce those provisions.
3.10. Legal Process
a. Should we receive any process, summons, order, injunction, execution, distraint, levy, citation to discover assets, judgment, reclamation, garnishment, attachment, restraining order, lien or notice issued by any court or governmental authority (including but, not limited to, the Puerto Rico Treasury Department or the U.S. Internal Revenue Service) (collectively, a “Legal Process”), which in our opinion affects your Account, we may, in our sole and absolute discretion and without any liability, refuse to honor an order to pay or a request to withdraw funds and any type of assets, from your Account. We may also freeze and/or deliver funds available in the Account at the time the order regarding a Legal Process is presented to us, in accordance with such order’s terms.
b. We will be under no obligation to contest, challenge or question the terms of an order delivered in connection with a Legal Process, or to raise any defense that you may have against the person or entity promoting such Legal Process. We will strictly comply with the terms of any such order, until we have been served with an order or a resolution issued by the same court or authority indicating that the funds be released. Presentation to Zenus Bank of evidence of payment of the debt or a request of funds or release of the obligation that prompted the Legal Process will not be sufficient for the Bank to release the funds.
c. We may also, in our sole and absolute discretion, pay to the designated third-party(ies) any amount on deposit in your Account as set forth in and required by such Legal Process, and we will not be liable to you for any such payments, even if such payments preclude the payment of items that are properly payable from the Account.
d. You agree to be liable to us for any loss, cost or expense that we incur as a result of any Legal Process involving your Account, including reasonable attorneys’ fees to the extent permitted by law, and you authorize us to deduct such loss, cost or expense from your Account without prior notice to you if such amounts are not previously reimbursed.
In addition, we may charge against your Account any fees and charges as established by Zenus from time to time in our sole and absolute discretion and authorized by law in connection with the Legal Process and related.
Additional Terms and Conditions apply for the Online Banking Services, Deposit Account, Electronic Funds Transfer, VISA Debit Card and FX Exchange services. Click here to review them.
Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
3.13. Applicable Law
When a claim or dispute cannot be settled by the arbitration process described under the Dispute Resolution section, this Agreement will be enforced in state or federal courts located within San Juan, Puerto Rico even if you do not live in Puerto Rico.
This Agreement and the Account are subject to applicable federal and Puerto Rico laws and regulations, without regard to Puerto Rico rules concerning conflicts or choice of law. Changes in these laws and regulations may modify the Terms and Conditions of your Account. We do not have to notify you of these changes, unless required to do so by law.
3.14. Conflicts between Agreements
If this Agreement conflicts with any other agreements related to your Account or Online Banking Service, or the other agreements include terms that are not addressed in this Agreement, then the other agreements will control and take precedence, unless this Agreement specifically states otherwise. The other agreements will only control with respect to the Eligible Account or Online Banking Service with which it is associated, and only to the extent necessary to resolve the conflict or inconsistency. Additional provisions of other agreements regarding your Eligible Account or Online Banking Service that do not appear in this Agreement will continue to apply.