Effective from March 18, 2022
Welcome to Ibanera. Ibanera Wallet is a non-interest-bearing crypto custody account that allows you to hold, transfer and manage your cryptocurrency held in your account. Please read and keep these Ibanera Wallet Terms (“Wallet Terms”). If you need a physical copy of these Wallet Terms or if you have any questions, you can contact us via email at support@Ibanera.com or visit Ibanera.com. These Wallet Terms are incorporated by reference into the Ibanera Terms of Service found here: https://www.ibanera.com/legal-agreements/
In these Wallet Terms, holders of a Ibanera Wallet, including owners, employees, agents and affiliates of any business, corporation, partnership or other entity that is, or is considering becoming, an account holder are sometimes referred to in the Wallet Terms as “you” or “your” or the “Client” or the “Customer”. The provider of the Ibanera Wallet, Ibanera Pte Ltd, is referred to as “Ibanera,” “we,” “us” or “our” in these Wallet Terms. Together, you and we may be collectively referred to as “Parties.”
Acceptance of Terms
Opening a Ibanera Wallet
Anyone residing in a jurisdiction where we offer a Ibanera Wallet and who is at least twenty-one (21) years old can apply to open a Ibanera Wallet. Ibanera Wallet can be opened at Ibanera.com, the Ibanera app or by contacting us here. All crypto received will initially be transferred to an account at one of Ibanera’s or its affiliates’ institutional custodians.
In order to open your account, we will first verify your identity and require you to provide acceptable forms of identification. To help the governments fight the funding of terrorism and money laundering activities, laws and regulations requires us to obtain, verify, and record information that identifies each person or entity that opens an account. We may also ask for your driver’s license or other identifying documents. For business accounts, we may require identification information related to a controlling manager and/or equity owners of your business. You represent and warrant that all information provided to us pursuant to these Wallet Terms or otherwise is true, accurate and not misleading in any respect. If any such information changes, it is your obligation to update such information as soon as possible. Note that we may use credit reports or other information from third parties to help us determine if we should open or maintain your account.
Ibanera Wallet is not available in Cuba, Iran, North Korea, Sudan, Syria, or any other country to which the United States embargoes goods or imposes similar sanctions. Ibanera Wallet is not available in the State of New York, or any other jurisdiction which we determine we would not be able to offer or chose not to offer a Ibanera Wallet. Due to the dynamic nature of regulatory requirements and interpretations in the cryptocurrency market, we reserve the right to update the list of prohibited jurisdictions and reject applications to open accounts that we determine we would be unable to accept for regulatory or policy reasons in our sole and absolute discretion.
Your account is not deemed to be opened, and we have no responsibility to you unless and until you have received written (which may be electronic) confirmation from us that your account has been opened. We are not obligated to accept an application from any applicant, and we reserve the right not to open an account for any applicant in our sole and absolute discretion.
Funding your Ibanera Wallet
- You can open your account by transferring eligible cryptocurrency to the wallet address provided in your Ibanera account.
- The transfer of such eligible cryptocurrency to your Ibanera Wallet may not be deemed settled and completed until the transaction has met the specific protocol for a relevant cryptocurrency that Ibanera has defined.
- In addition, you can open your account or add additional assets to your Ibanera Wallet by sending a wire transfer or ACH from a bank account to Ibanera LLC (Wyoming) to purchase certain cryptocurrencies as published on our website from time to time. Trading activity is governed by Ibanera LLC’s Trading Terms. If you have a Ibanera Wallet, all assets purchased through Ibanera LLC, shall be immediately debited and credited to your Ibanera Wallet held by Ibanera, and Ibanera LLC will have no further liability or obligation to you in connection with such assets.
- As of the date of these Wallet Terms, there is no minimum amount required to open a Ibanera Wallet. We may, in our sole discretion, institute a minimum balance in the future, and such minimum balance will apply to your Ibanera Wallet. Once your account has been opened and funded, Ibanera requires seven calendar days’ notice prior to your complete or partial withdrawal of the eligible crypto in your Ibanera Wallet.
How Accounts Can Be Owned
Ibanera Wallet can be held in the types of ownership described below. Each individual or business entity shall only be permitted to maintain a single Ibanera Wallet at any given time.
- Individual Account. This account is owned by only one person or entity who can transfer or withdraw cryptocurrency held in the account. There is a 1 (one) individual Ibanera Wallet maximum per individual.
- Business Account. This account is owned by a corporation, unincorporated association, limited liability company, limited liability partnership, fiduciary, partnership, sole proprietorship or other entity holding an account in any capacity other than an individual capacity. Each person or entity completing any account opening requirements represents and agrees that he or she (i) is fully authorized to execute all documents or otherwise complete our requirements in his or her stated capacity, (ii) has furnished all documents or other information necessary to demonstrate that authority, and (iii) will furnish other documents and complete other requirements as we may request from time to time. We may refuse to recognize any resolution affecting your business account that appears to us to be incomplete or improperly executed.
You may make a complete or partial withdrawal of cryptocurrency from your Ibanera Wallet at any time with appropriate time notice as stated above. Additionally, before a withdrawal is processed, you may be required to provide certain personally identifiable information so Ibanera can verify your identity. Ibanera initiates the withdrawal process instantly when possible, and we may require up to seven (7) days after you submit your withdrawal request to process the withdrawal.
Withdrawal limits based on frequency and amount may apply from time-to-time and will be described in your Ibanera Wallet interface and on our Website.
In the case of any withdrawal, you will be required to provide the details for the account to which you wish to transfer your cryptocurrency. Assets subject to a withdrawal request cannot be traded.
If the details you provide are inaccurate or incomplete, your cryptocurrency may be permanently lost. When you withdraw all or any of your cryptocurrency, we will not be liable for any loss that results from inaccurate, incomplete or misleading details that you may provide for such transfer. If the account you specify is one to which we are unable to process transfers, we will have no liability for any failure or delay in processing your requested withdrawal.
Ibanera and our third-party partners may experience cyber-attacks, extreme market conditions, or other operational or technical difficulties which could result in the immediate halt of transfers and withdrawals of cryptocurrency either temporarily or permanently. Ibanera is not and will not be responsible or liable for any loss or damage of any sort incurred by you as a result of such cyber-attacks, operational or technical difficulties or suspensions of transfers or withdrawals.
You will be able to see a record of the transactions related to your Ibanera Wallet which you may wish to use for the purposes of making any required tax filings or payments. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and to collect, report, and remit the correct tax to the appropriate tax authority.
We will make any tax withholdings or filings that we are required by law to make, but we are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction. You are responsible for complying with all applicable law, whether federal, state, local, or non-U.S. You agree that Ibanera is not responsible for determining whether or which laws may apply to your transactions, including tax law. You are solely responsible for reporting and paying any taxes arising from your Ibanera Wallet.
Consent to Utilize Assets
Except where prohibited or limited by applicable law, in consideration for Digital Pledge Guarantee Product, you grant Ibanera the right, without further notice to you, to hold the cryptocurrency held in your account in Ibanera’s name or in another name, and to pledge, repledge, hypothecate, rehypothecate, sell, lend, or otherwise transfer, invest or use any amount of such cryptocurrency, separately or together with other property, with all attendant rights of ownership, and for any period of time and without retaining in Ibanera’s possession and/or control a like amount of cryptocurrency, and to use or invest such cryptocurrency at its own risk.
You acknowledge that, with respect to assets used by Ibanera pursuant to this paragraph: (i) you may not be able to exercise certain rights of ownership, (ii) Ibanera may receive compensation in connection with lending or otherwise using or investing cryptocurrency in its business to which you will have no entitlement, and (iii) cryptocurrency that is subject to such lending transactions, investment or otherwise being used in these transactions will not be held by Ibanera’s third party custodians.
Ownership of Cryptocurrency
General Rules Governing Ibanera Wallet
All our actions relating to your account, including these Wallet Terms, will be governed by the laws and regulations of Singapore and, to the extent not preempted, the laws and regulations of Singapore. Any lawsuit regarding your account must be brought in a proper court in the State of California. If any part of these Wallet Terms is determined to be invalid or unenforceable, such determination will not affect the remainder of these Wallet Terms.
We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
All transfers to your Ibanera Wallet must consist of eligible cryptocurrency and must be transferred to the wallet address provided in your Ibanera account application, unless we notify you otherwise. We have the right to reject any transfer and the right to return cryptocurrency already transferred into your Ibanera Wallet. Any contribution meeting the confirmation guidelines in Section B.2 on any day at or before 11:59 p.m. UTC-4 will be treated by us as being received on such day. If you attempt to transfer assets to an unsupported wallet or using an unsupported network, or if you attempt to transfer assets other than eligible cryptocurrency (including any unsupported digital assets) to your Ibanera Wallet, such assets may be permanently lost, and we will have no liability for any such loss.
These Wallet Terms and the relationship created hereby do not create a fiduciary relationship between us.
We may follow instructions regarding your Ibanera Wallet if we reasonably believe that you have authorized the instructions.
We will make statements for your Ibanera Wallet available to you by email and/or online at Ibanera. om. All your accounts and (in our discretion) those of any of your affiliates may be combined into one statement.
We will make available to you a periodic statement showing the activity on your account and containing information sufficient to allow you to reasonably identify transactions. You must examine the statement and notify us of any unauthorized use or any error or irregularity on the statement within 30 calendar days after the statement is sent or made available to you. If notice is not received within the 30-calendar day period, then we will have no liability to you and any losses will be entirely yours.
Ibanera Wallet are not transferable or assignable to another person in whole or in part.
Ibanera is required by law to turn over the assets in abandoned or unclaimed customer accounts to the state of your last known residence. You must promptly notify us of any change in your residential mailing or email address. Failure to notify us may result in delay or non-receipt of Ibanera correspondence.
We may record and monitor our telephone conversations with you and your electronic communications with us (chat, e-mail and other forms of electronic exchange). Unless the law requires otherwise, you consent in advance to such recording and monitoring, and we do not need to remind you of these activities
For purposes of these Wallet Terms, our business days are Monday through Friday. Saturdays, Sundays and all federal and California State holidays are not included.
We reserve the right to limit access to your accounts, which can include temporarily or permanently removing your online access, restricting your account and/or closing your accounts without prior notice to you unless prior notice is required by law. We do not bear liability for such actions. In addition, Ibanera reserves the right to withhold or delay the withdrawal of funds or assets belonging to you if you fail to comply with these Wallet Terms.
Indemnification and Limitation of Liability; Attorney’s Fees and Costs for Lawsuits
You will indemnify and hold us and our affiliates harmless from any losses, damages, suits and expenses, of whatever kind, including reasonable attorneys’ fees, which we may incur in connection with or arising out of your use of your Ibanera Wallet or our activities in connection with such account, your violation of any law, regulation, order or other legal mandate, or the rights of a third party, or any act or omission by your agent, representative or third-party service provider while using your Ibanera Wallet, regardless of whether the specific use was expressly authorized by you.
We are not liable to you for claims, costs, losses or damages caused by an event that is beyond our reasonable control (e.g., the acts or omissions of third parties, natural disaster, emergency conditions, disease epidemics/pandemics such as Covid-19, government action, equipment or communications malfunction).
We are not liable for special, incidental, exemplary, punitive or consequential losses or damages of any kind.
Our liability to you for a claim is limited to the face value of the item or transaction, or the actual value of any assets not properly credited or debited.
Your Ibanera Wallet is not a checking or savings account, and it is not covered by insurance against losses. We will pledge, repledge, hypothecate, rehypothecate, sell, lend, or otherwise transfer or use funds and cryptocurrency assets to counterparties, and such cryptocurrency assets will be exposed to various risks as a result of such transactions in certain jurisdictions, cryptocurrency is not legal tender, and is not backed by the government. Accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of cryptocurrency.
Transactions in cryptocurrency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. If you attempt to transfer assets to an unsupported wallet or using an unsupported network, or if you attempt to transfer assets other than eligible cryptocurrency (including any unsupported digital assets) to your Ibanera Wallet, such assets may be permanently lost. We assume no liability, obligation or responsibility whatsoever with respect to any unsupported digital asset or any asset that is transferred using an unsupported network or to an unsupported wallet. Some cryptocurrency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction. The value of cryptocurrency may be derived from the continued willingness of market participants to exchange government-issued currency for cryptocurrency, which may result in the potential for permanent and total loss of value of a particular cryptocurrency should the market for that cryptocurrency disappear.
There is no assurance that a person who accepts a cryptocurrency as payment today will continue to do so in the future. The volatility and unpredictability of the price of cryptocurrency relative to government-issued currency may result in significant loss over a short period of time. The nature of cryptocurrency may lead to an increased risk of fraud or cyber-attack, including rollback attacks or blockchain reorganizations. The nature of cryptocurrency means that any technological difficulties experienced by Ibanera may prevent the access or use of a customer’s cryptocurrency. Any bond or trust account maintained by Ibanera for the benefit of its customers may not be sufficient to cover all losses incurred by customers. Considering these risks, you should carefully consider whether holding cryptocurrency in a Ibanera account is suitable.
Conflict/Disputes Involving Your Account
We are not liable to you for errors that do not result in financial loss to you. We may take any action authorized or permitted by these Wallet Terms without being liable to you, even if such action causes you to incur fees, expenses or damages.
If third parties make claims on your account, or if we receive conflicting instructions from authorized signers, or if we become involved in or concerned about a dispute between you and an authorized signer, we have discretion to act in ways we believe to be appropriate, including by closing your Ibanera Wallet and returning the cryptocurrency in such account. You are liable for all expenses and fees we incur for such conflicts or disputes, including internal costs and attorneys’ fees, and we may charge them to your Ibanera Wallet.
Fraudulent activity, including any attempt to withdraw assets that you do not own, did not transfer into your Ibanera Wallet, or did not purchase, is strictly prohibited and may result in the closure of your Ibanera Wallet. Fraudulent activity includes any attempt to take advantage of errors on the Ibanera Website, systems, applications, or technology platforms. Any errors identified should be flagged to Support@Ibanera.com for appropriate compensation, where applicable.
Legal Process Affecting Accounts
If legal action such as an attachment, garnishment, seizure, liquidation, levy or other state or federal legal process (“legal process”) is brought against your Ibanera Wallet, we may refuse to permit (or may limit) withdrawals or transfers from your account until the legal process is satisfied or dismissed. We may also be required to transfer the assets in your Ibanera Wallet at the behest of governmental authorities pursuant to legal and regulatory actions. Regardless of the terms of such attachment, garnishment, levy or other state or federal process, we have first claim to all assets in your account.
We will not contest on your behalf any such legal process and may take action to comply with such legal process as we determine to be appropriate in the circumstances without liability to you. If we incur any expenses, including without limitation, reasonable attorney fees, in connection with any such legal process, we may charge any expenses and fees to your account or any other account you may have with us without prior notice to you, or we may bill you directly for such expenses and fees. Any garnishment, seizure, liquidation, or other levy against your account is subject to our right of setoff.
Setoff and Security Interest Rights
You grant us a security interest in any and all of your Ibanera account(s) with us for obligations owing to us or any of our affiliates by any owner of any of your accounts. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else, including debts and obligations under other transactions or agreements between you and us or any of our affiliates.
We may take or set off assets in your Ibanera Wallet, or transfer assets between any or all of your Ibanera Wallet, with us or any of our affiliates for direct, indirect and acquired obligations that you owe us or our affiliates, including any balances as a result of not having sufficient assets available or as a result of an erroneous transfer of assets to an address under your control, or a return or other negative balance, regardless of the source of assets in an account.
These rights are in addition to other rights we have to take, transfer or charge assets in your account for obligations you owe us or our affiliates. We may consider these Wallet Terms as your consent to Ibanera’s asserting its security interest or exercising its right of setoff should any laws governing your account require your consent.
If the law restricts our ability to take, transfer or setoff against assets in your account, or if some contributions are protected from attachment, levy or legal process to the extent that you may do so by contract, you waive those conditions and limits and authorize us to apply assets in any or all of your accounts with us to obligations you owe us. Exercising these rights may result in early withdrawal penalties.
We hereby agree that, to the extent permitted by applicable law, you may take or set off assets in your account, or any amounts we owe you with respect thereto, against the Obligations. If the law restricts your ability to take, transfer or setoff assets in your account, or if some contributions are protected from attachment, levy or legal process to the extent that we may do so by contract, we waive those conditions and limits and authorize you to apply assets in any or all of your accounts with us to the Obligations.
Digital Images and E-Signatures
Closing an Account
Liability for Failure to Make Transfers
Disclosure of Account Information
Account Errors or Questions
Our platform allows you to review your Ibanera Wallet and conduct certain other transactions online. You must maintain adequate security and control of all IDs, passwords, hints, or any other codes that you use to access your Ibanera Wallet through our online platform. Any loss or compromise of the foregoing information or your personal information may result in unauthorized access to your Ibanera Wallet. We assume no responsibility for any loss that you may sustain due to compromise of your sensitive information. You accept all risks of unauthorized access and use of your Ibanera Wallet.
Tell us promptly if you believe that an electronic transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the assets in your Ibanera Wallet (plus any other Ibanera account you own). If your statement shows transfers that you did not make, tell us immediately by contacting us here.
Please contact our support, as soon as you can, if you think your statement is wrong or if you need more information about an item listed on the statement. We must hear from you no later than thirty (30) days after we send you or make available to you the first statement on which the problem or error appeared.
If you tell us orally or via electronic means, we may require that you send us your complaint or question in writing, and we may request additional information within ten (10) business days. We will endeavor to determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. For errors involving new accounts, we may take up to ninety (90) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount of the error, so that you will have the use of the assets during the time it takes us to complete our investigation. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.
If we ask you to put your complaint or question in writing, or request additional information, and do not receive it within ten (10) business days, we may not credit your account. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.