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.
2. Definitions
- 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. These 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
3.1. Requirements
To use Zenus Bank you will need to have: (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”). 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. If you make unauthorized modifications to Your Device (for example, “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.
3.2. Acceptable Use
To the extent permitted by applicable law, you are solely 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 retrieve, index, scrape, data-mine, access or otherwise gather any Service information; (iii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of Zenus or any other party; (iv) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit functionality; (v) attempts to gain unauthorized access to our computer network or user accounts; (vi) encourages conduct that would constitute a criminal offense or 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; (ix) uses unauthorized means to access the Service; (x) reproduces, modifies, distributes or otherwise exploits any portion of the Service except as expressly authorized; (xi) fails to comply with applicable third party terms; or (xii) otherwise violates these Terms or our policies and procedures.
3.3. Termination
Zenus Bank reserves the right, at its 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.
3.4. Content
Zenus Bank owns and controls or licenses 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. ZEN CARD® and ZENUS® are service marks of Zenus Bank International. 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.
Users may use information on Zenus products and services purposely made available by Zenus for downloading from the Site, provided you (1) do not remove any proprietary notice language in copies of such documents, (2) use such information only for personal, non-commercial informational purposes, (3) make no modifications, and (4) do not make any additional representations or warranties relating to such documents.
3.5. Warranties
YOUR USE AND/OR ACCESS TO THE ZENUS WEBSITE AND/OR APP (COLLECTIVELY, THE “ONLINE BANKING SERVICES”) AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED OR ACCESSIBLE FROM THEM 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, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ZENUS BANK AND OUR VENDORS MAKE NO WARRANTY THAT (I) THE ONLINE BANKING SERVICES WILL MEET YOUR REQUIREMENTS; (II) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE ACCURACY OR INTEGRITY OF THE INFORMATION AND MATERIALS; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR (VI) THE WEBSITE IS FREE OF VIRUSES OR HARMFUL COMPONENTS.
3.6. Liability
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 OR ANY PRODUCT, 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 REASONS, THE ONLINE BANKING SERVICES MAY NOT BE AVAILABLE TO YOU. WE WILL MINIMIZE THE PERIODS DURING WHICH THE SERVICES ARE UNAVAILABLE. UNLESS WE HAVE ACTED IN BAD FAITH, WE WILL NOT BE LIABLE TO YOU FOR PERFORMING (OR FAILING TO PERFORM) OUR SERVICES IF WE HAVE ACTED IN ACCORDANCE WITH GENERAL BANKING CUSTOMS AND PRACTICES AND PUBLISHED REGULATORY AND CLEARINGHOUSE RULES.
3.8. Dispute Resolution
We encourage you to contact us as many concerns and claims can be resolved by writing to 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, any claim or dispute shall be settled by binding arbitration administered by the American Arbitration Association under its then current Commercial Arbitration Rules, held in the Commonwealth of Puerto Rico, and governed by the United States Arbitration Act, 9 U.S.C. §§ 1-16. A single, neutral arbitrator shall determine the claim and render a final award. Strict confidentiality shall govern any arbitration proceedings and any decision or award entered by the arbitrator.
3.9. Severability / No Waiver
If any provision of these Terms is deemed unlawful, void or unenforceable, such provision shall be deemed removed and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision will not waive our right to later enforce those provisions.
3.10. Legal Process
Should we receive any process, summons, order, injunction, execution, distraint, levy, citation, judgment, garnishment, attachment, restraining order, lien or similar notice (collectively, “Legal Process”) which in our opinion affects your Account, we may, in our sole and absolute discretion and without liability, refuse to honor an order to pay or request to withdraw funds. We may also freeze and/or deliver funds in accordance with such order’s terms.
We will not contest, challenge or question the terms of a Legal Process, and will strictly comply with its terms until we have been served with a release order. We may also pay to designated third parties any amount on deposit as set forth in such Legal Process. You agree to be liable for any loss, cost or expense that we incur as a result, including reasonable attorneys’ fees, and you authorize us to deduct such amounts from your Account without prior notice.
3.11. Terms of Use for Online Banking, Deposit Account, Electronic Funds Transfer, VISA Debit Card and FX Exchange
Additional Terms and Conditions apply for the Online Banking Services, Deposit Account, Electronic Funds Transfer, VISA Debit Card and FX Exchange services — see the Personal Client Agreement and Commercial Client Agreement.
3.12. Privacy
Zenus’s Privacy Policy applies to use of the Site, and its terms are made a part of these Terms and Conditions. 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.
3.14. Conflicts between Agreements
If these Terms conflict with any other agreements related to your account or Online Banking Service, these Terms will control to the extent necessary to resolve any conflict or inconsistency. Additional provisions of other agreements regarding your account or Online Banking Service that do not appear in these Terms will continue to apply.