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Bankii Terms of Use

BEFORE BUYING AND SELLING CRYPTOCURRENCY, YOU SHOULD CAREFULLY ASSESS WHETHER YOUR FINANCIAL SITUATION AND RISK TOLERANCE IS SUITED FOR THIS POTENTIALLY VOLATILE TYPE OF ASSET. BY ENGAGING WITH BANKII, YOU ACCEPT AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DECISION TO BUY, SELL, TRADE OR OTHERWISE HOLD OR DEAL WITH CRYPTOCURRENCY. BANKII DOES NOT, AND WILL NOT, OFFER YOU ANY FINANCIAL ADVICE IN CONNECTION WITH YOUR USE OF, OR TRANSACTIONS YOU CONDUCT ON, BANKII’S PLATFORM.

  • ACCEPTANCE OF TERMS

The Terms and Conditions as contained herein apply to any person that registers for and/or opens a Bankii Account through Bankii.finance or any associated mobile applications, website, or APIs (together, the “Bankii Site”).

For the purposes of these Terms, any reference to “we” “us” “our” “Bankii” and/or any similar term shall be construed as reference to BONANIWEALTH (PTY) LTD. 

Any capitalised terms used in this Eligibility section shall have the meaning given to them in these Terms. Reference in these Terms to “Local Currency” means fiat or government issued currency in any applicable jurisdiction.

The Terms constitute a legally binding agreement between you and Bankii, which is a company incorporated under the laws of South Africa. Based on your country of domicile, you may not be able to use all the functions of the Bankii Site.

By registering for and opening a Bankii Account, you unconditionally accept these Terms and agree to be bound by and act in accordance with them. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in which you are resident that may be applicable to your use of the Bankii Site and/or your Bankii Account, including but not limited to, those related to export or import activity, exchange control and taxes. 

By opening a Bankii Account you accept and agree that Bankii may, without further notice and in its sole discretion, terminate, suspend or restrict the account of any customer who uses, or who we reasonably suspect may be using, the Bankii Site or any Bankii Account in a manner that is inconsistent with the letter or spirit of these Terms.

  • ELIGIBILITY

By opening a Bankii Account, you expressly warrant and represent that:

  • You are 18 years of age or over and have the legal capacity to accept the Terms and enter any transaction available through the Bankii Site;
  • You will provide security for transactions carried out through your Bankii Account by ensuring that you have either deposited enough fiat currency to acquire sufficient credit in your Bankii Wallet or hold sufficient cryptocurrency, (as the case may be) in your Bankii Account Wallet in advance of any transaction;
  • RESTRICTIONS

By opening a Bankii Account, you agree not to:

  • Open, or attempt to open, a Bankii Account under any name except your own; 
  • Use your Bankii Account to carry out transactions on behalf of a third party;
  • Have more than one Bankii Account; 
  • Use or access any Bankii Account other than your own; or assist any other person in obtaining unauthorised access to any Bankii Account;
  • Allow or facilitate the deposit of fiat currency into your Bankii Account unless that deposit is made in accordance with the deposit requirements 
  • Allow or facilitate the withdrawal of fiat currency from your Bankii Wallet to a bank account held in the name of a third party 
  • Use your Bankii Account for or in relation to any illegal activity, any prohibited activity, in violation of any laws, statutes, ordinances or regulations, or in breach of any of Bankii’s operational requirements;
  • RISKS

Before using the Bankii Site, you should ensure that you understand the risks involved in buying, selling or trading cryptocurrencies. Cryptocurrency markets can be volatile and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of your assets. There may be additional risks not identified in these Terms.

  • ELECTRONIC COMMUNICATIONS

You accept and agree that:

  • any communication, agreements, notices and/or any other documents (”Communication”) relating to your Bankii Account or your use of Bankii’s services will be provided to you electronically in the following ways: 
    • Notices and posts on the Bankii Site, 
    • emailing them to the email address you have provided to us, or 
    • through any other form of electronic communication. 

You consent to receiving all Communication electronically;

  • as a basic term of agreement, that the use of the Bankii platform is subject to access to the necessary hardware and software to receive, access and retain Communication sent to you electronically, including a device with an internet connection and a valid and accessible email address;
  • you assume full responsibility for providing Bankii with a valid and accessible email address to which any Communications may be sent, and for ensuring that email address and any other contact information is kept up to date. Any Communication sent to the email address you have provided to us will be deemed to have been received by you. You can amend your contact information by signing-in to your Bankii Account and selecting ‘account settings’.

You may at any time withdraw your consent to receiving Communication electronically by contacting [email protected]. You acknowledge that failure to give, or withdrawing, consent to receiving Communication electronically puts the security of your Bankii Account at risk and that Bankii reserves the right to close your Bankii Account in the event you fail to give, or withdraw, your consent to the receipt of Communication electronically.

  • IDENTITY VERIFICATION

Bankii implements and maintains the highest standards of Know Your Customer (“KYC”) processes and controls as part of our commitment to combating fraud and assisting in the prevention of money laundering and terrorist financing (“AML” and “CTF”).

To ensure we meet these standards, our customers are required to provide specific personal details and documents when opening a Bankii Account (“Identity Verification”). The nature and extent of the Identity Verification required will depend upon your country of domicile, your tax status, your political exposure and the deposit and withdrawal limits that you wish to apply to your Bankii Account. In certain circumstances, Bankii may also perform enhanced due diligence (“EDD”) procedures in relation to your Bankii Account. You accept and agree that you will remain subject to such procedures at all times.

Bankii reserves the right to, at any time restrict or suspend your Bankii Account pending the verification of KYC or EDD information or terminate your Bankii Account if you provide, or we suspect you have provided, false information or refuse to provide information we require for Identity Verification and/or EDD.

You accept and agree that there may be delays in accessing your Bankii Account, or in carrying out transactions through your Bankii Account, while we undertake any Identity Verification and/or EDD procedures.

Bankii follows the procedures and controls to protect the privacy of its clients as stipulated in the Protection of Personal Information Act 2013 (“POPI Act”)

  • RECORD KEEPING AND REPORTING

Bankii is required by Law to retain certain information and documentation obtained as part of the Identity Verification and EDD procedures. These requirements apply even when you have terminated your relationship with Bankii. We reserve the right to keep such information and documentation as required by Law and you accept and agree that information and documentation you provide to Bankii may be retained by us, including following the closure of your Bankii Account.

Bankii may also be required by Law to share personal information with Financial Institutions and Central Banks to ensure tax compliance in terms of the Common Reporting Standard (“CRS”) or the Foreign Account Tax Compliance Act (“FATCA”).

  • THE Bankii WALLET

The Bankii Wallet allows you to send, receive and store cryptocurrency and fiat currency (together, “Bankii Wallet Transactions”).

Supported Cryptocurrencies 

The Bankii Wallet is only available to transact with the cryptocurrencies that Bankii, in its sole discretion, decides to support- which may change from time to time (“Supported Cryptocurrency” or “Supported Cryptocurrencies”). 

Under no circumstances should you attempt to carry out a Bankii Wallet Transaction with a cryptocurrency other than a Supported Cryptocurrency. 

You accept and agree that you will have no access, entitlement or claim:

  • to any cryptocurrency sent to a receive address associated with your Bankii Wallet where that cryptocurrency is not a Supported Cryptocurrency; or
  • to any cryptocurrency sent to a receive address associated with your Bankii Wallet, where that receive address is associated with another cryptocurrency. 

Supplemental Protocols Excluded

Unless communicated or announced by Bankii by any Communication, Supported Cryptocurrencies exclude all other protocols and/or functionality which supplement or interact with the Supported Cryptocurrency. You acknowledge that you should not use your Bankii Account to attempt to receive, request, send, store, or engage in any other type of transaction or functionality involving any such protocol as Bankii is not configured to detect, secure, or process these transactions or functionality. 

Local Currency deposited to acquire a credit in your Bankii Wallet. Local Currency deposited into a Bankii bank account in order to acquire a credit in your Bankii Wallet may be utilised solely for (1) the purchase of Supported Cryptocurrencies and/or (2) Withdrawal to an approved bank account. 

Proceeds from the sale of Supported Cryptocurrencies will increase the credit in your Bankii Wallet, less any applicable fees. No interest can accrue on the credit reflected in your Bankii Wallet. Any Local Currency Deposited into a Bankii bank account for purposes of acquiring a credit in your Bankii Wallet, may accrue interest in favour of Bankii. You accept and agree that you have no claim or entitlement to any such interest earned by Bankii

Currency exchange 

You can send money to, and receive money from, other Bankii currency accounts. We call these sorts of payments Instant Transfers. All Instant Transfers are received immediately.

You can also make an Instant Transfer to another Bankii user’s account by choosing them from the contacts list in the Bankii platform, by using their username, or by using any other method we provide to identify them and following the prompts.

Transaction instructions

Bankii will process Bankii Wallet Transactions according to your instructions. You accept and agree that Bankii does not:

  • guarantee the identity of any user, receiver, or other party to a Bankii Wallet Transaction. You are solely responsible for ensuring all transaction details are correct, and you should carefully verify all transaction information prior to submitting transaction instructions to Bankii;
  • have any control over, or any liability in relation to, the delivery, quality or any other aspect of any goods or services that you may buy from or sell to any third party. Bankii shall not be responsible for, and will take no action in relation to, ensuring that any buyer or seller you transact with using your Bankii Wallet completes the relevant transaction or has the requisite authority to do so.

Receiving cryptocurrency 

You may receive Supported Cryptocurrency into your Bankii Wallet by providing the sender with a receive address generated in your Bankii Wallet. Your Bankii Wallet will only be credited with Supported Cryptocurrency sent to a receive address generated through your Bankii Wallet and associated with that Supported Cryptocurrency. 

Funds received in error

In the event you know, suspect, or should reasonably know or suspect, that any Local Currency or cryptocurrency has been credited to your Bankii Wallet (or to any bank account) in error, you must immediately notify Bankii of the error by e-mailing [email protected]. You accept and agree that you have no claim or entitlement to any fiat currency or cryptocurrency received in error, and must immediately return such funds in accordance with the instructions received from Bankii.

  • DEPOSITS

You can add money to your account by Electronic Funds Transfer, subject to the Regulations in place at the time of transfer. When you add money by bank transfer, you must use the account details stated on your Bankii Wallet. When we receive the money we will add the equivalent value of e-money to your account. 

The account details you must use to add money to your account will depend on the currency of the money you are adding. If you use a stored card or a bank account that is in one currency to add money to your account in another currency, your bank or card provider may charge a fee.

When you make a Deposit after your account is successfully opened, you are giving up ownership of the funds which you have deposited in favour of Bankii. In return you will receive, subject to these Terms, a credit in your Bankii Wallet which represents a right against Bankii to 

  1. repayment of an amount equal to the credit in your Bankii Wallet when you instruct Bankii that you wish to terminate your account; or 
  2. require Bankii to pay to the seller of Supported Cryptocurrency an amount equal to the purchase price of any Supported Cryptocurrency which you have purchased in reduction of the credit in your Bankii Wallet.

Details of the Bankii bank account into which you must make the Deposit will be provided to you by Bankii. You accept and agree that any information you provide to Bankii may be shared with such local entity, which will process Local Currency transactions in accordance with Bankii’s instructions.

The payment methods by which you may Deposit Local Currency will depend upon the country you are in. Where you have made a Deposit using a Supported Deposit Method, and have adhered to the Deposit Requirements (explained below), your Deposit will purchase credit to be allocated to your Bankii Wallet.

Due to legal and operational constraints, you must strictly adhere to the following Deposit requirements (the “Deposit Requirements”):

  • you may only make a Deposit from a Supported Deposit Method held in your own name. You must not allow any third party to make a Deposit on your behalf in order to acquire credit for your Bankii Wallet;
  • you may only Deposit Local Currency using a Supported Deposit Method compatible with the deposit methods available in your country or region;
  • Bankii reserves the right to refuse any Deposit made by cash or cheque. Should Bankii decide, in its sole discretion, to allow a Deposit by cash or cheque on an exceptional basis, the allocation of credit acquired with such Deposit will be delayed to allow fraud and compliance checks to take place, and a Cash Deposit Penalty may be deducted from it. If you make more than one cash or cheque deposit into a Bankii bank account, Bankii may, in it’s sole discretion, suspend your Bankii Account indefinitely.

You agree to abide by the Deposit Requirements and agree and accept that failure to do so may cause delay in or failure of any credit acquired with the Deposit reflecting in your Bankii Wallet, and/or restriction, suspension or termination of your Bankii Account.

Allocation of deposits 

Bankii will not be responsible for any delay in or non-allocation of credits acquired with Deposits to your Bankii Wallet where you fail to specify the required Reference Number or Unique Deposit Amount.

Credit acquired with Deposits may take time to reflect in your Bankii Wallet due to bank processing times, operational processes, and/or failure by you to adhere to the Deposit Requirements. Under no circumstances will Bankii have any liability to you in relation to any delay in or failure of credit reflecting in your Bankii Wallet.

Bankii will make all reasonable efforts to allocate credit in respect of Deposits that do not meet the Deposit Requirements. However, any Deposits less than the Minimum Unallocated Deposit Amount that cannot be allocated within a one month period will be retained by Bankii and you accept and agree that you shall not receive any credit in your Bankii Wallet in respect of such amount and shall have no further claim or entitlement to such funds. 

  • WITHDRAWALS

Where you have added your bank account details to your Bankii Account, you may request a withdrawal of funds in reduction of the credit in your Bankii Wallet to your bank account (a “Withdrawal”). Bankii will process Withdrawals in accordance with your instructions. You are solely responsible for ensuring that any Withdrawal instructions provided to Bankii, including the relevant bank account number, are complete and correct and you accept and agree that under no circumstances will Bankii be under any obligation to reverse or amend any Withdrawal.

Bankii will make all reasonable efforts to process Withdrawals within 24 hours, but you accept and agree that Bankii provides no guarantee in relation to the Withdrawal processing period.

Bankii will make all reasonable efforts to process requests for Withdrawals each business day, but you accept and agree that Bankii provides no guarantee in relation to the Withdrawal processing period.

Withdrawals to the bank account of any third party are expressly prohibited 

You agree not to make, or attempt to make, any Withdrawal of funds in reduction of the credit in your Bankii Wallet to the bank account of a third party and accept that any such request for Withdrawal may be refused and/or result in the restriction, suspension or termination of your Bankii Account.

  • FEES

The fees applicable to transactions undertaken on the Bankii Site can be viewed with each transaction. Bankii reserves the right to change our fees at any time and will update the web page accordingly. In certain circumstances, and at our sole discretion, Bankii may notify selected customers of a specific fee change, where we consider a change to be of particular relevance to such customers.

Send and Receive fees

You may be charged a fee to send Supported Cryptocurrency from your Bankii Wallet and/or to receive Supported Cryptocurrency into your Bankii Wallet. Fees will apply where Supported Cryptocurrency is sent to or received from a Supported Cryptocurrency address; no fees will apply where Supported Cryptocurrency is sent to or received from a mobile telephone number or email address. Please see the Bankii website for further information on send and receive fees.

Deposit and Withdrawal fees

All requests for Withdrawals from your Bankii Wallet will incur a fee. Such fees differ by country and are set out on the Bankii website. Some Deposits made to acquire credit in your Bankii Wallet using a Supported Deposit Method may incur a fee. Such fees will be displayed in your transaction history upon completion of the transaction.

Instant Buy and Sell fees

The quoted exchange rate in relation to any buy or sell order placed using the Instant Buy and Sell service will include an amount to reflect Bankii’s facilitation of the relevant trade, the percentage of which will vary with market conditions.

  • ACCOUNT SECURITY AND INDEMNITY

Bankii takes security very seriously and the measures we have in place to protect your Bankii Account are explained on the Bankii website. 

You are, however, solely responsible for:

  • maintaining adequate security and control over your Bankii Account sign-in details, including but not limited to any passwords, personal identification numbers (PINs), API keys, or any other codes associated with your Bankii Account;
  • enabling any additional security features available to you, including the activation of two factor authentication on your Bankii account;
  • keeping your contact details up to date so that you can receive any notices or alerts we may send to you in relation to security;
  • maintaining security and control over the email mailbox, phone number and two-factor authentication applications or devices associated with your Bankii Account.

Failure to take the above measures, and any other security measures available to you, may result in unauthorised access to your Bankii Account and the loss or theft of any cryptocurrency held in your Bankii Wallet or any linked bank account(s) and/or saved credit or debit card(s). Bankii shall have no liability to you for or in connection with any unauthorised access to your Bankii Account, where such unauthorised access was due to no fault of Bankii, and/or any failure by you to act upon any notice or alert that we send to you.

The security of your Bankii Account may be compromised, or interruption caused to it, by phishing, spoofing or other attack, computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment. Bankii strongly recommends that you regularly use reputable virus screening and prevention software and remain alert to the fact that SMS, email services and search engines are vulnerable to spoofing and phishing attacks.

Care should be taken in reviewing messages purporting to originate from Bankii and, should you have any uncertainty regarding the authenticity of any communication, you should log in to your Bankii Account through the Bankii website to review any transactions or required actions.

To the maximum extent permitted by applicable law, you accept and agree that you have full responsibility for all activity that occurs in or through your Bankii Account and accept all risks of any unauthorised or authorised access to your Bankii Account.

Private keys 

Bankii securely stores all Supported Cryptocurrency private keys (“Private Keys”) associated with any Bankii Account. You accept and agree that Bankii shall retain full ownership and control of the Private Keys associated with your Bankii Account and that you shall have no control of, access to, or the ability to use, such Private Keys. For example, but without limiting the generality of the foregoing, Bankii will not:

  • accept or adhere to any instruction to sign any data with a Private Key;
  • give access to any funds associated with your private keys, other than those of the Supported Cryptocurrency associated with your cryptocurrency wallet;
  • allow the creation of any receive addresses associated with a Private Key other than receive addresses created through your Bankii Wallet. Bankii will not credit to your Bankii Wallet any cryptocurrency associated with a Private Key other than where such funds have been received via a receive address generated through your Bankii Wallet.
  • SERVICE AVAILABILITY

While we will do everything we can to provide continuous operations, Bankii does not provide any warranty in relation to the availability of the Bankii Site or your Bankii Account. Without limiting the generality of the foregoing, we do not guarantee continuous access to the Bankii Site or your Bankii Account and make no representation that the Bankii Site, Bankii API, your Bankii Account and/or any products or services offered therein will be available without interruption; or that there will be no delays, failures, errors, omissions or loss of transmitted information.

  • AMENDMENT OF TERMS

Bankii may amend the Terms from time to time. You should visit the Bankii website regularly to check when the Terms were last updated and to review the current Terms. We will do our best to notify you of any amendments to the Terms that we consider likely to materially affect your rights and obligations. Any such notice will be posted on the Bankii Site, or sent by email to the address associated with your Bankii Account.

The continued use of your Bankii Account, after any amendment to these Terms, constitutes your acceptance of the Terms, as modified by such amendment. If you do not accept the Terms, or any amendment to them, you must immediately stop using the Bankii Site and your Bankii Account.

  • TRANSACTIONS ON CRYPTOCURRENCY NETWORKS

When you use your Bankii Account to send or receive cryptocurrency, the transaction must be confirmed and recorded in the public ledger associated with the relevant cryptocurrency network. That cryptocurrency network is solely responsible for verifying and confirming any such transactions. Bankii cannot confirm, cancel or reverse transactions on a cryptocurrency network, other than confirming to you that the network has completed the transaction. You accept and agree that:

  • Once submitted to a cryptocurrency network, a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your Bankii Wallet balance or be available to you to conduct transactions;
  • When you send cryptocurrency from your Bankii Account, you are authorising us to submit your transaction request to the relevant cryptocurrency network. Once a transaction request has been submitted to the relevant cryptocurrency network, the network will automatically complete or reject the request and neither you or Bankii will be able to cancel or otherwise modify your transaction.
  • Cryptocurrency networks are operated by decentralised networks of independent third parties. They are not owned, controlled or operated by Bankii so we cannot ensure that any transaction details you submit will be confirmed by the relevant cryptocurrency network. You agree that any transaction details you submit may not be completed, or may be substantially delayed, by the cryptocurrency network used to process the transaction.

Network protocols and operating rules 

The underlying software protocols that govern the operation of the Supported Cryptocurrencies are open source. Accordingly, anyone can use, copy, modify, and distribute them and Bankii has no ownership of or control over these protocols. By using the Bankii Site, you accept and agree that:

  • Bankii is not responsible for the operation of any cryptocurrency network’s underlying software protocols and makes no guarantee as to their availability, security, or functionality;
  • the underlying software protocols are subject to sudden changes in operating rules, and that such changes may materially affect the value, function, and/or name of any cryptocurrency you store in your Bankii Account. Should such a change occur, Bankii may, with or without notice to you, temporarily suspend our operations and, in our sole discretion, decide whether or not to support either branch of the changed protocol entirely; and
  • in the event Bankii decides not to support a branch of a changed protocol, you will not be given access to the assets on that change. Those assets will be securely held by Bankii and we will not buy or sell them.
  • ACCOUNT INACTIVITY

Credit in your Bankii Wallet may only be reduced by the purchase of Supported Cryptocurrencies and/or a request for Withdrawal to an approved bank account. You must not use your Bankii Wallet to store credit. Where any credit in your Bankii Wallet is not used for a period exceeding three months, Bankii may charge and obtain from you an Inactivity Fee, which shall be debited against the credit in your Bankii Wallet. Should we have reasonable grounds on which to suspect you are using your Bankii Wallet primarily for the purpose of storing credit, Bankii reserves the right to restrict, suspend or terminate your Bankii Account.

Unclaimed property 

In the event there is a credit in your Bankii Wallet(s) and Bankii has no record of any use of your Bankii Account for several years, and we are unable to contact you, the law in your jurisdiction may require us to report and deliver such funds to the relevant authorities as unclaimed property. To the extent permitted by applicable law, Bankii reserves the right to deduct a dormancy fee or other administrative charges against such unclaimed credit.

  • CLOSURE OF YOUR ACCOUNT

You may close your Bankii Account by submitting a closure request via the Help Centre. Bankii will action such requests once 

  1. the credit and cryptocurrency balances in your Bankii Wallet(s) is below the Minimum Closure Amount; and 
  2. no transactions have taken place in your Bankii Account for a period of at least 30 days. Such requirements are designed to protect you from loss and Bankii will not action a closure request until they are satisfied.

You accept and acknowledge that, once your Bankii Account is closed:

  • you will have no further access to it;
  • Bankii will be under no obligation to notify you of, or provide to you, any cryptocurrency sent to any receive address associated with your Bankii Account; and
  • Bankii reserves the right (but has no obligation) to delete all of your information and account data stored on our servers, and also reserves the right to retain any information that is required for legal or operational reasons.

If at the date of closure of your account any credit or cryptocurrency remains in your Bankii Wallet(s), you accept and agree that Bankii shall retain such credit and that you shall have no further claim to them. 

You accept and agree that Bankii shall not be liable to you or any third party in relation to the closure of your Bankii Account, the termination of access to your Bankii Account, or for the deletion of your information or Bankii Account data.

  • RESTRICTION, SUSPENSION AND TERMINATION

Bankii reserves the right to restrict, suspend or terminate your Bankii Account where:

  • we reasonably suspect your Bankii Account to be the subject of an operational or other error, in which case we may be required to suspend access to your account until such time as the error is rectified;
  • we reasonably suspect your Bankii Account has been or is being used in relation to any unlawful, fraudulent or prohibited activity, or in breach of these Terms;
  • we reasonably suspect you or your Bankii Account is or has been associated with, or poses a high risk of, money laundering, financing of terrorism, fraud, or any other financial crime;
  • we reasonably suspect you of taking any action that Bankii considers to be a circumvention of Bankii’s controls, including but not limited to opening multiple Bankii Accounts;
  • we reasonably suspect your involvement in any attempt to gain unauthorised access to any Bankii Account;
  • your Bankii Account is or appears to be the subject of any legal, regulatory or government process and/or we, in our sole discretion, consider there to be a heightened risk of legal or regulatory non-compliance associated with your Bankii Account;
  • we are compelled to do so by a prima facie valid subpoena, court order, or other binding order of a government or regulatory authority; or
  • we reasonably conclude that you, or any person or geography with whom you transact, are / is the subject of any governmental sanctions.

Bankii will make all reasonable efforts to provide you with notice of any decision to restrict, suspend or terminate your Bankii Account, unless we are prevented from doing so by any legal or regulatory process or requirement, or where doing so may compromise Bankii’s security and/or risk management procedures. You accept and agree that Bankii is under no obligation to disclose to you the fact of or reason for any decision to restrict, suspend or terminate your Bankii Account, and shall have no liability to you in connection with the restriction, suspension or termination of your Bankii Account.

Account termination

Where Bankii elects to terminate your Bankii Account in accordance with the above, we shall (except where legally obligated not to) return your available cryptocurrency and/or credit balance to you pursuant to the procedure set out below:

Cryptocurrency

If you have an available balance of Supported Cryptocurrency in your Bankii Account above the Minimum Threshold, we will liquidate the cryptocurrency and pay an amount equal to value realised from the liquidation into your bank account, provided that we are satisfied that such bank account is valid and in your name. We will not send your Supported Cryptocurrency to an alternative cryptocurrency wallet address. Any risk of a negative exchange rate fluctuation shall rest with you and you shall have no claim against Bankii for any losses you may suffer as a result of the liquidation of your available balance of Supported Cryptocurrency.

Fiat Currency 

We shall return to you an amount no greater than the credit in your Bankii Account. Payment shall only be made to you following submission to us of valid bank account details in your name. We shall not transfer Fiat Currency to any bank account in the name of a third party.

Death of Account Holder

Should we receive legal documentation confirming your death or any other information leading us to believe that you have died, we reserve the right to restrict or suspend your Bankii Account for security purposes and, during this time, for no transactions to be completed until such time as: (i) we receive instructions from your designated executor / fiduciary; or (ii) we receive proof in a form satisfactory to us that you have not in fact died.

If we have reason to believe you may have died but we do not have proof of your death in a form satisfactory to us, you authorize us to make all inquiries as may be necessary, whether directly or through third parties, in order to ascertain whether or not you have died. Upon receipt by us of proof satisfactory to us that you have died, the executor / fiduciary that you have designated in a valid Will or similar testamentary document may instruct us in writing to: (i) sell the applicable cryptocurrency for Local Currency and withdraw that Local Currency to a bank account nominated in writing by the executor / fiduciary; or (ii) transfer the applicable cryptocurrency to another cryptocurrency wallet nominated in writing by the executor / fiduciary.

If you have not designated an executor / fiduciary, then we reserve the right to treat as your executor / fiduciary any person who is entitled to inherit your Bankii Account under applicable law. Bankii reserves the right to demand all documentation that we, in our sole and absolute discretion, may deem necessary or appropriate in order to satisfy ourselves as to the identity and authenticity of such person, including (but not limited to) an order designating an executor / fiduciary from a court having competent jurisdiction over your estate. In the event that we determine, in our sole and absolute discretion, that there is uncertainty regarding the validity of the executor / fiduciary designation, then we reserve the right to require an order resolving such an issue from a court of competent jurisdiction before taking any action relating to your Bankii Account.

  • USE OF Bankii API

This section applies to any use of Bankii’s Application Programming Interface and any associated documentation or materials. Any use of the Bankii API is subject to this section and, for the avoidance of doubt, the Terms in their entirety.

Any use of the Bankii API is entirely at your own risk. It is your responsibility to keep any API keys, passwords or other credentials relating to your use of the Bankii API secure, and you accept and agree that you take full responsibility for any and all requests made over the API, whether authorised by you or not.

Bankii sets and enforces limits on your use of the Bankii API. You accept and agree that any circumvention of, or attempt to circumvent, these limits, or any use of the Bankii API that may adversely affect other users of the Bankii Site, may result in Bankii, at its sole discretion, revoking your API access.

Where market data is provided to you through the Bankii API, you are not permitted to redistribute or sell such data without the prior written consent of Bankii.

  • FINANCIAL ADVICE

Under no circumstances does any information contained on the Bankii Site, or provided to you through your Bankii Account or by any employee, agent or affiliate of Bankii, constitute financial, investment or other professional advice.

You are solely responsible for any decision to store, buy or sell cryptocurrency, and such decision should take into account your risk tolerance and financial circumstances. For more information on the risks involved, see the Bankii website. You should consult your legal or tax professional in relation to your specific situation.

  • TAXES

You are solely responsible for determining whether, and to what extent, any taxes apply to any transactions you carry out through your Bankii Account, and for withholding, collecting, reporting and remitting the correct amounts of tax to the appropriate tax authorities.

  • EXCHANGE CONTROLS AND SANCTIONS

Your use of the Bankii Site is subject to international exchange controls and economic sanctions requirements. By undertaking any activity on the Bankii Site or through your Bankii Account, including but not limited to sending, receiving, buying, selling, storing or trading any fiat currency of cryptocurrency, you agree that you will at all times comply with those requirements.

  • PROHIBITED ACTIVITIES

You must not use your Bankii Account to undertake any of the activities or categories of activity set out in this section (each a “Prohibited Activity”):

  • violation of any laws, statutes, ordinance or regulations;
  • undertaking, facilitating or supporting criminal activity of any kind, including but not limited to, money laundering, terrorist financing, illegal gambling operations or malicious hacking;
  • abusive activity, including but not limited to:
    • imposing an unreasonable or disproportionately large load on Bankii’s infrastructure, or otherwise taking any action that may negatively affect the performance of the Bankii Site or Bankii’s reputation;
    • attempting to gain unauthorised access to the Bankii Site or any Bankii Account;
    • transmitting or uploading any material to the Bankii Site that contains viruses, Trojan horses, worms, or any other harmful programmes; or
    • transferring your Bankii Account access or rights to your Bankii Account to a third party, unless as required by law or with Bankii’s prior consent.
  • fraudulent activity, including but not limited to taking any actions that defraud Bankii or a Bankii customer, or the provision of any false, inaccurate, or misleading information to Bankii;
  • transactions involving items that may help facilitate or enable illegal activity; promote or facilitate hate, violence or racial intolerance; are considered obscene; or may be stolen goods or the proceeds of crime;
  • transactions involving TOR markets, online gambling sites or mixers;
  • sale or purchase of drugs or controlled substances;
  • intellectual property infringement.

By opening a Bankii Account, you confirm that you will not use your account to undertake any of the above-listed Prohibited Activities or any similar or related activity.

Activities subject to the prior written approval of Bankii

Unless you have obtained the prior written approval of Bankii, you accept and agree that you will not use your Bankii Account to conduct or operate any of the following business activities or categories of activity:

  • money services, including but not limited to money or cryptocurrency transmission, currency or cryptocurrency exchange or dealing, payment service providers, e-money or any other financial services business;
  • gambling or gaming services;
  • charitable or religious / spiritual organisations;
  • consumer lending services, including but not limited to secured and unsecured loans, cash advances, payday lending;
  • investment funds, asset management, or brokerage services.

We reserve the right to restrict, suspend or terminate your Bankii Account if we suspect, in our sole discretion, that you are using, or have used, your Bankii Account in association with any of the activities listed above, or any similar or related activity, without having obtained the prior written approval of Bankii.

  • DISCLAIMER OF WARRANTIES

The Bankii Site, your Bankii Account and any related products or services are offered on o once off basis where available and Bankii expressly disclaims, and you waive, all warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, the Bankii Site, your Bankii Account, and any related products or services are offered without any warranty as to merchantability or fitness for any particular purpose.

Some jurisdictions do not allow the disclaimer of implied terms in consumer contracts, so some or all of the disclaimers in this section may not apply to you.

  • LIMITATION OF LIABILITY

In no event shall Bankii, its operating entities or any other affiliates (including their respective directors, members, employees or agents) be liable to you for any direct, indirect, special, consequential, exemplary or punitive damages or any other damages of any kind, including but not limited to loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, whether in contract, tort or otherwise, arising out of or in any way connected with your use of, inability to use, or unavailability of the Bankii Site and/or your Bankii Account, including without limitation any damages caused by or resulting from any reliance upon any information received from Bankii, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorised access to Bankii’s records, programmes or services.

In no event will any liability of Bankii, its operating entities or any other affiliates (including their respective directors, members, employees or agents) arising in relation to your use of the Bankii Site or your Bankii Account, exceed (in aggregate) the fees earned by Bankii in connection with your use of your Bankii Account in the six month period immediately preceding the event giving rise to the claim for liability.

The above limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the limitations in this section may not apply to you.

  • INDEMNITY

To the maximum extent permitted by law, you agree to indemnify Bankii, its operating entities or any other affiliates (including their respective directors, members, employees and/or agents) against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred directly or indirectly arising from your use of or conduct in relation to the Bankii Site and/or your Bankii Account, or from your violation of these Terms.

  • DISPUTES

You and we agree to notify the other party in writing of any claim or dispute that arises in relation to the Bankii Site, your Bankii Account or these Terms, within 30 days of such claim or dispute arising. You and we further agree to attempt informal resolution of any Dispute prior to bringing a claim in any court or other body.

Governing law and jurisdiction

This agreement shall be governed by and construed in accordance with South African law. You and we agree to submit all disputes, claims or controversies (including non-contractual Disputes, claims or controversies) arising out of or in connection with these Terms, or the breach, termination, enforcement or interpretation thereof (together, Disputes), to the non-exclusive jurisdiction of the courts of South Africa.

Class or representative action waiver

To the maximum extent permissible by law, you and Bankii each agree that each may bring any Dispute against the other only in your or its individual capacity, and you and it waive any right to commence or participate in any class action or other representative action or proceeding against the other. Further, where permissible by law, unless both you and Bankii agree otherwise, no court may consolidate any other person’s claim(s) with your Dispute, and may not otherwise preside over any form of representative or class proceeding.

For the avoidance of doubt, if this Class or representative action waiver is found by any court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Disputes clause shall remain valid and enforceable.

  • MISCELLANEOUS

Entire agreement

These Terms constitute the entire agreement and understanding between you and Bankii with respect to their subject matter and supersede any and all prior discussions, agreements and understandings of any kind between you and Bankii (including but not limited to any prior versions of these Terms).

Severability 

If any provision of these Terms, as amended from time to time, is determined to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected and everything else in these Terms will continue in full force and effect.

In the event any provision or part thereof of these Terms is determined to be illegal, invalid or unenforceable, that provision or part thereof shall be replaced by the parties with a legal, valid and enforceable provision or part thereof that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision, given the content and purpose of these Terms.

Assignment 

You may not assign or transfer any of your rights or obligations under these Terms without Bankii’s prior written approval. You give Bankii your approval to assign or transfer these Terms in whole or in part, including but not limited to: (i) a parent company, subsidiary, affiliate, or other “group company” (“Group company” shall, in this context, refer to any entity which is under common control with Bankii, and “control” in this context refers to the direct or indirect ability to exercise a majority of the voting rights in such an entity); (ii) an acquirer of Bankii’s equity, business or assets; or (iii) a successor by merger.

Change of control 

In the event that Bankii is acquired by or merged with a third party, we reserve the right to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

Force Majeure 

Bankii shall not be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control.

Survival

All provisions of these Terms that by their nature extend beyond the expiry or termination of these Terms, including but not limited to, sections relating to the suspension or termination of your Bankii Account, use of the Bankii Site, disputes with Bankii and general provisions, shall survive the termination of these Terms.

Headings

Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.

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