Terms of Use

AXIA Capital Bank Ltd. – Terms of Use & Application License Agreement – January 2021

 

Users of This Site

Issued by AXIA Capital Bank Ltd., 5 Church Street, 2nd Floor Roseau, Commonwealth of Dominica, which is licensed to conduct Banking Business by the Financial Services Unit. The Agreement and Website is primarily intended for those who access it for the purpose of use from outside the Eastern Caribbean Currency Union. Because of this, we cannot guarantee that the Site or the information thereon complies with law or regulation of other countries, or is appropriate for use, in other places. You are wholly responsible for the use of the Site by any person using your computer and you must ensure that any such person complies with this Agreement. The information provided on this Site is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation. This Site should not be considered as communicating any invitation or inducement to engage in banking or investment activity or any offer to buy or sell any securities or other instruments. AXIA Capital Bank Ltd. reserves the right to adjust any and all system fees at any time. AXIA Capital Bank Ltd. reserves the right to amend, withdraw or not release any product or services at its sole discretion. 

 

Country Guidelines

Not all products and services described on this site are available in all jurisdictions and some are available on a limited basis only, due to local regulatory and legal requirements. The material on these pages is not intended for use by persons located in or a resident in jurisdictions which restrict the distribution of this material by us. Persons accessing these pages are required to inform themselves about and observe any relevant restrictions. 

This Site does not constitute an invitation to buy or the solicitation of an offer to sell investments in any jurisdiction to any person to whom it is unlawful to make such an offer or solicitation in such jurisdiction. 

 

Our Information

AXIA Capital Bank Ltd. is a licensed and regulated bank. AXIA Capital Bank Ltd. is registered at 5 Church Street, 2nd Floor Roseau, Commonwealth of Dominica. 

 

AXIA Capital Bank Application License Agreement – January 2021

AXIA Capital Bank Ltd (“ACB”) has entered into an agreement with AXIA Systems Inc.. (“ASI”) which is the issuer of a software program that can be used to manage, control, and interact with the AXIA Capital Bank Ltd. banking platform and interact with the Open Application Network (OAN) public blockchain network and other connected public blockchain networks. 

By using the AXIA Capital Bank Ltd. banking platform and connected mobile application (the “Application” or “AXIA”), you agree to be bound by this AXIA Agreement (this “License Agreement”). This is an agreement between you and AXIA only. AXIA is responsible for this Application and the content thereof. 

Certain features of this Application may require you to be an AXIA user or provide personal information to third-party partners for the purpose of Know-Your-Customer (KYC) / Know-Your-Business (KYB) or Anti-Money Laundering (AML) screening and registration purposes.

Your use of these features and this Application is subject to the Privacy Policy, AXIA Capital Bank Application License Agreement, and any other agreements applicable and available to you at www.axiacapitalbank.com

 

Uninstall or Discontinue Use

To uninstall the AXIA Capital Bank mobile application, please use the application manager provided with your device or consult your device manual for reference. For discontinuation of use of the desktop application, you can contact customer support at support@axiacapitalbank.com and request to deactivate your account.

 

Application Use

AXIA grants you the right to use the Application only for your personal use on the desktop or mobile product that you own or control and as permitted by any terms of use required by the party providing the app store from which you are downloading this Application. 

You may not modify, copy, publish, license, sell, or otherwise commercialize this Application or any information or software associated with this Application. You may not rent, lease or otherwise transfer rights to this Application. You may not use this Application in any manner that could impair any AXIA site in any way or interfere with any party’s use or enjoyment of any AXIA related site or services. You must use the Application in compliance with all applicable laws.

You must also comply with applicable third-party terms of agreement when using this Application (e.g. your wireless data service agreement). Your right to use this Application will terminate immediately if you violate any provision of this License Agreement. The party providing your mobile OS has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.

 

Third-Party Services

For the purpose of providing AXIA Capital Bank Application features to You, AXIA has entered into agreements with one or more third-party service providers. By entering into this agreement, You consent to those services, including the provision of certain personal or business-related information as a requirement for the activation of certain account features. You also consent to the placement of Your private keys and digital tokens into the custody of a third-party with which You have no legal relationship with, and against which You may have limited or no recourse. Your application password and third party-stored private keys are never communicated to AXIA, but certain data from the AXIA Capital Bank Application is transmitted to AXIA, including telemetry data and logs that may contain error codes or error descriptions used to improve the application experience and solve technical problems. 

AXIA also provides users with information related to select wallet services by receiving information from third-party services, including Your real-time token balance, transaction history and public wallet address for Your connected accounts. AXIA will never share or sell Your personal information to advertisers without your express permission and takes care to minimize logging and access to telemetry data within the AXIA Token Wallet Application. 

For more information on how AXIA may process Your personal information, please see the AXIA Capital Bank Ltd. Privacy Policy: https://axiacapitalbank.com/privacy-policy/

To make the most out of AXIA, permission to access the camera on your mobile device may be requested. Camera device permissions are only used for recognizing “QR codes” that are commonly used to embed blockchain information into a machine-readable format. Images from your camera will never be transmitted to AXIA but the data contained within the QR Codes may be used as part of transactions that you undertake, which may be passed to AXIA as part of broadcasting your blockchain transactions.

The AXIA Capital Bank Application includes additional functionality that you have the option of using that may involve third-party services that are owned and run by companies or organizations not related to AXIA Systems Inc. There may be additional terms or rules applicable to third-party services available through AXIA, some of which may involve registration(s) on websites or through applications not controlled by AXIA, and AXIA shall not be liable for any conduct, actions, or negative consequences that arise as a result of Your use of third-party services in connection with the AXIA Capital Bank Application.

Notwithstanding the generality of the foregoing, if you make use of third-party services that enable digital asset transfers or financial transfers then you may be at risk of loss due to malfunctions or other issues with third-party services. You shall indemnify AXIA, and the officers, contractors, employees, and other personnel of AXIA, against any claims in relation to third-party services, whether brought by you or another party, where the claim concerns your use or misuse of a third-party service.

 

Blockchains Have Risks

There are many risks associated with digital assets. AXIA has no control over the blockchains that you can interact with through the AXIA  Application and cannot (and has no ability to) cancel, modify or affect any transaction that You have caused to be broadcasted to any given blockchain network. You should take care to understand the details of the blockchains You choose to interact with as AXIA has no control or liability to you in relation to these risks.

 

Intellectual Property

AXIA Capital Bank Ltd. has entered into an agreement with AXIA Systems Inc., which owns, or is the licensee to, all right, title and interest in and to this Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. 

Other company, product, or service names mentioned in this Application may be trademarks of their respective companies.

You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from this Application and you will not remove, obscure or alter AXIA’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Application.

 

Disclaimer of Warranties

This Application and the service(s) accessed by it are provided “as is” and “as available.” AXIA expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness and performance of the web and mobile Application.

You download and use the AXIA Applications at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of these Applications.

 

Limitation of Liability

Except as otherwise stated in this License Agreement, AXIA is not liable to you for any harm resulting from any use or misuse of this Application.

Such limitation of liability: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if AXIA has been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of and reliance on this Application, from inability to use this Application, or from the interruption, suspension, or termination of this Application (including any damages incurred by third parties); and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.

Nothing in this License Agreement shall limit our liability towards you for claims for death or personal injury or damages caused by intentional wrongdoing or gross negligence of us, our legal representatives or agents. In case of a breach of a material obligation under this License Agreement which is caused by slight negligence we shall only be liable for the typical, predictable, direct and average damage, unless the claim is for death or personal injury in which case our liability towards you shall be unlimited.

 

Indemnification

You will indemnify and hold harmless AXIA and its parents, subsidiaries, officers, directors, shareholders, agents and employees, from any claim made by any third party arising in connection with a violation of this License Agreement, for which you are responsible.

AXIA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

 

User Agreement and Privacy Policy

When you access AXIA, we may collect and store Device sign-on data (including device ID) and geolocation data in order to provide our service. Personal information will also be requested for the purpose of account and identity verification at the time of registration.

The terms of the AXIA User Agreement and Privacy Policy, including all agreements incorporated by reference, also apply to your use of this Application.

AXIA reserves the right to make changes to these Applications or License Agreement from time to time.

Any changes will take effect upon the expiration of thirty (30) days after notification, unless you object to the changes prior to the expiration of the thirty (30) days period. We shall inform you about your right to object, the due date, and your option to uninstall and discontinue using the Application.

If you do not agree to any change, please uninstall and discontinue using the Application.

Any use of these Applications after the thirty (30) day notice period constitutes your acceptance of any change.

 

Access, Termination or Suspension of Service for Unlawful Conduct

Although the AXIA Capital Bank Mobile Application is installable software, it also contains elements that rely on backend infrastructure run by AXIA (and possibly other parties) that may be turned off temporarily or permanently without notice due to suspected unlawful conduct or if it is deemed necessary to do so at the discretion of AXIA.

Some or all of the AXIA Capital Bank Application services may not be available in all locations worldwide due to geo-blocking or other measures taken by, external parties or AXIA to ensure compliance with laws or to improve the quality of service for its users.

 

Third Party Beneficiary

Your mobile OS is a third party beneficiary of this License Agreement, and, upon your acceptance, such third party beneficiary will have the right (and will be deemed to have accepted the right) to enforce this agreement against you.

 

Accuracy of Desktop and In-App Information

AXIA integrates many third-party data sources that provide relevant data to users but this data is beyond AXIA’s control. AXIA shall not have any liability to You for incorrect data and You should verify any data You receive through AXIA before acting on it.

 

User Support

AXIA offers free technical support to users but this support is offered to You without warranty of any kind and shall be at Your risk. AXIA may choose to discontinue offering free technical support at any time and may choose to discontinue providing You with technical support at any time. You shall at all times act respectfully to AXIA staff and must take care not to accidentally disclose Your Backup Phrase, private keys, or any other confidential information.

 

Entire Agreement

This agreement is the entire agreement between the parties and supersedes any other representations or agreements between the parties. Furthermore, the parties have entered into this agreement without relying on any representations or warranties made outside of this agreement.

 

 

Terms of Use – Additional Information

 

Governing Law 

Your relationship with AXIA Capital Bank Ltd. is governed by the laws of the Commonwealth of Dominica. If you have a dispute with AXIA Capital Bank Ltd., we will attempt to resolve any such disputes through our support team. 

 

If You Would Like to Make a Complaint

We are committed to providing you with a first-class service and effectively delivering the products and services described on this website to meet your needs. Even with the best of intentions, we know things can go wrong. So, if for any reason you are not entirely satisfied with any aspect of our service, please let us know as soon as possible. We’ll investigate the situation and where necessary, set about putting things right as quickly as possible. We may also take steps to avoid similar problems happening in the future. Your views are important to us and your feedback is key to improving the products and services we offer. 

 

Written Correspondence

Write to us at the following address:

Customer Relations. AXIA Capital Bank, 5 Church Street, 2nd Floor Roseau, Commonwealth of Dominica.

 

Credit Services

Credit Card and other “credit” based services may be available from AXIA Capital Bank Ltd., where applicable. Credit facilities are subject to status and are subject to security. 

Any AXIA Capital Bank Ltd. Debit Card or Credit Card provided by AXIA Capital Bank Ltd. is a regulated product.

 

No Offer 

Nothing on this Site constitutes a solicitation or offer, to acquire or dispose of any investment, nor is it intended to form the basis of an investment decision and it should not be treated as if it were, or relied on in any way. Nothing on the website shall constitute investment advice or a recommendation to buy or sell investments or services offered by AXIA Capital Bank Ltd.

 

Tax 

Whilst banking with AXIA Capital Bank Ltd. offshore may have potential tax benefits for you. Tax rules differ from country to country. If you are unsure about your personal tax obligations you should seek professional tax advice. It is your responsibility to disclose your income to tax authorities.

Your tax situation will depend on your personal circumstances and we recommend you obtain independent tax advice. Any tax information in this website is based on our understanding of current and proposed legislation and practice. Legislation and practice may be subject to change. 

 

Internet E-mail 

Messages sent over the Internet cannot be guaranteed to be completely secure as they are subject to possible interception or loss or possible alteration. We are not responsible for them and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to the Bank or any message sent by the Bank to you over the Internet. 

We maintain strict security standards and procedures to prevent unauthorised access to information about you. AXIA Capital Bank Ltd. will never contact you by email or otherwise to ask you to validate personal information such as your user ID, password, or account numbers. If you receive such a request, please let us know by Contacting Us. 

 

Trademarks and Copyright 

Copyright in the page screens, information and material in their arrangement included in this Site, banking platform or mobile applications is owned by or licensed to AXIA Capital Bank Ltd. unless otherwise noted. You may not imprint, copy, download or temporarily store extracts from our Site for your personal information or when you use our products and services. You must not alter anything. Any other use is prohibited unless you first get our written permission. In particular, no one may use a part of our Site on any other website, or link any other website to our Site, without our prior written permission.