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International Merchant Bank Limited

Account Terms and Conditions

AGREEMENT TO TERMS

These Terms and Conditions (collectively the “Agreement”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “Account Holder”, “Customer”) and International Merchant Bank Limited, doing business as IMBL ("IMBL", “we”, “us”, “our”, “Bank”), concerning your account. Upon approval of the Account, the Applicant is referred to thereafter as the Account Holder and agrees that the terms and conditions of this 'Agreement' shall govern the relationship between the Account Holder and the Bank. You agree that by maintaining this account, you have read, understood, and agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM UTILIZING ANY SERVICES OFFERED BY IMBL AND MUST DISCONTINUE THEIR USE. THIS AGREEMENT WILL SUPERSEDE ANY OTHER AGREEMENTS PROVIDED BY THE BANK OR ANY OF ITS EMPLOYEES IN THE EVENT OF A CONFLICT.

Supplemental terms and conditions or documents that may be posted elsewhere from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued maintenance of the account and use of services offered after the date such revised Terms and Conditions are posted.

The information provided in this Agreement is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

IMBL is governed by the following Anti-Money Laundering/Countering the Financing of Terrorism (AML/CFT) Laws and Regulations of St. Kitts and Nevis:

Financial Services Regulatory Commission Act, Cap 21.10Anti-Money Laundering Regulations, No. 46 of2011 (as amended)Anti-Terrorism (Prevention of Terrorist Financing) Regulations, No. 47 of 2011 (as amended)Financial Services (Implementation of Industry Standards) Regulations, No. 51 of 2011Proceeds of Crime Act, Cap 21.09Anti-Terrorism Act, Cap 4.02Financial Intelligence Unit Act, Cap 21.09(Any other legislation relevant to the course of business)

ACCOUNT HOLDER

'Account Holder' shall mean the applicant person, corporation, partnership, trustee, custodian or other entity in whose name the Account is opened. The singular of Account Holder where appropriate shall include the plural. This Agreement is binding upon each Account Holder, and their respective heirs, executors, administrators, agents, successors and assigns.

OPENING A NEW ACCOUNT

i.

Forms
Any person or entity requesting a new account with the bank will be required to complete the relevant application form satisfactory to Bank. This will be in addition to various due diligence documents required by the bank in this regard. This clause will apply to all types of accounts offered by IMBL.

The Bank may rely upon any signature on the form as verification for the payment or receipt of funds and in all other transactions in connection with the Account. The Account Holder agrees to provide a new signature upon request from the Bank.

All individuals and legal entities globally may apply to open an account with the bank. All applications are subject to a full compliance review and approval. Opening or closing an account is at the sole discretion of the Bank.

ii.

Verification Checks
International Merchant Bank Limited may rely on the Applicant for the business services requested. As the Account Holder request services, their personal creditworthiness is a factor in the evaluation of the application or accommodation for services. By submitting the new account application, the Applicant authorizes International Merchant Bank Limited to investigate and verify the references provided or any other statements or data obtained from the Applicant, or any of the undersigned principals or from any other person pertaining to the Applicant or any of the undersigned principal’s credit or financial responsibility.

If the Application is approved and the International Merchant Bank Limited agrees to provide services to the Applicant, the Bank is authorized to periodically obtain additional consumer credit reports or to perform additional investigations on the Account Holder for evaluating the continuing creditworthiness of the customer. The Account Holder has a right, upon written request, to a complete and accurate disclosure of the nature and scope of the investigation being performed.

iii.

Corporate Accounts
You agree to open a corporate account with the bank for use as a corporate account only and not for any personal reasons whatsoever. A ‘corporation’ typically refers to a limited liability company, a limited company, a corporation or any other legal entity formed and governed by the laws of their jurisdiction. Government organizations and trusts may also fall under this definition. We may verify the existence and validity of the corporation using various documents provided to us as per our “Know Your Customer” (KYC) policy. In this regard we may request additional documentation.

iv.

Due Diligence
The Account Holder hereby authorizes and gives consent to the Bank:

a.

to request any and all reports pertaining to the Account Holder from any source that the Bank in its sole discretion deems necessary or advisable for due diligence purposes;

b.

to disclose any information relating to the affairs of the Account Holder to any such sources; and

c.

to transfer any relevant information or reports to the Bank for due diligence purposes in opening and maintaining of the Account with the Bank.

As per our Anti-Money Laundering/Counter-Financing of Terrorism policy, we will conduct due diligence on all ‘Applicants’ and “Authorized Signatories” prior to opening of the account. In some cases, additional documentation may be requested by the bank even after the new account is opened. In this instance, if we do not receive the requested documentation within a reasonable time frame we might prevent account access including all assets and funds. It is agreed by you that any payment not made as a result of this is not our responsibility and we will not be held liable. You will always be informed in writing if any such event occurs with your account.

ACCOUNT ACTIVITY

1) Deposits

i.

Incoming deposits
Although the bank does not issue checks or accept cash deposits, you may make electronic deposits into your account by any physical or electronic method offered by the Bank. This may be done through another financial institution as well. To obtain verification regarding the receipt of your deposit by the bank, you may contact the Bank directly or login to your online banking account if set up. If you decide to contact the bank directly you will be subject to an identity verification procedure. There may be instances where the Bank will have to refuse, limit or partially/fully return a deposit. In this case, the Bank shall not be responsible for any resultant loss, liability or expense to you. In the event of an erroneous transfer to your account, brought to the Bank’s attention by any related party, the Bank may immediately deduct this amount from your balance prior to conducting any investigation.

ii.

Right to Refusal of Deposits
The Bank does not accept cash deposits. There may be instances where the Bank will have to refuse, limit or partially/fully return a deposit. In this case, the Bank shall not be responsible for any resultant loss, liability, or expense to you. The bank is also not responsible for any deposits made by you that the Bank does not receive. All deposits are subject to verification including but not limited to a compliance review and adherence to the Bank’s policies and procedures.

2) Withdrawals

i.

General
Assets from your account can generally be withdrawn as soon as they are cleared. Cleared funds in no way represent that the payment was made by the paying financial institution. If any funds are recalled for any reason, whether such return is in compliance with the clearing regulations for the jurisdiction or not, the bank reserves the right to offset these amounts from your account. Any withdrawals made from your account will be limited to the available balance of your account. Any withdrawal made in excess of your available balance may be refused by the Bank. All withdrawal or transfer requests will require the presentation of a government issued ID (personal and corporate accounts) along with the relevant authorization to make said request (Corporate Accounts only). In the event of a remote request, you may be contacted electronically or by phone to verify your identity and authorization to conduct the withdrawal or transfer. Further information on funds availability and withdrawals may be found by contacting the Bank directly.

ii.

Refusal of Withdrawals
All withdrawal or transfer out requests will require the presentation of a government issued ID along with the relevant authorization to make said request (Corporate Accounts only). In the event of a remote request, you may be contacted electronically or by phone to verify your identity and authorization to conduct the withdrawal or transfer. Any refusal in complying with these requests will result in the Bank refusing to allow the withdrawal or transfer out request. The Bank will not be liable to you for any loss, liability, or expense incurred as a result of such refusal.

1)

Any liabilities owed to the Bank will be deducted

2)

Bank may exercise the “Right to Set-Off”. This allows the Bank to use any credit balances, securities and/or other property on any account the Client has with the Bank to reduce or repay any overdrawn balances or other sums the Client owes the Bank either in the Client’s own name or jointly with anyone else. You will be informed if the Bank exercises this right.

GENERAL TERMS FOR AUTHORIZED SIGNATORIES

i.

Modification of Account Information by an Authorized Signatory
Modifying account information, including adding/removing authorized signatories, may only be done by a resolution authorizing the signatory to do so.

ii.

Multiple Signature Requirements
In the event that two or more signatures are requested to conduct business in the Account, the Bank will enforce the request strictly.

iii.

Death, Dissolution or Incompetence of Account Owner/Signatory Authority
In case of death, dissolution or incompetence of the account holder or any authorized signatories on your account, the Bank must be notified as soon as possible. Upon notification, the Account will be frozen and all pending/new transactions may be refused. Prior to removing the freeze on the account, the Bank will require documentation in order to verify the Account Holder/Authorized Signatories death, dissolution or incompetence in addition to the relevant documentation from a court of competent jurisdiction stating the details of the representative appointed to manage the Account Holder’s/Authorized Signatories’ interests. Prior to any transfer out of funds and/or assets:

1)

Any liabilities owed to the Bank will be deducted

1)

Bank may exercise the “Right to Set-Off”. This allows the Bank to use any credit balances, securities and/or other property on any account the Client has with the Bank to reduce or repay any overdrawn balances or other sums the Client owes the Bank either in the Client’s own name or jointly with anyone else. You will be informed if the Bank exercises this right.

iv.

Power of Attorney
A power of attorney is a written authorization that allows a third party to act on your behalf. This third party may conduct all transactions you could normally conduct with your Account. The Bank may refuse requests from a person holding your Power of Attorney if they suspect fraud or other illegal activity. The Bank will not be liable to you for any loss, liability, or expense incurred as a result of this action.

v.

Conflicts Involving Account instructions
For accounts involving multiple authorized signatories, conflicting instructions will result in the account being frozen until a resolution is reached from all authorized parties involved and/or a court of competent jurisdiction. The Bank will not be liable to you for any loss, liability, or expense incurred as a result of this action.

USE OF AGENTS

The Bank, in its day-to-day operations, may use services from other banks, financial institutions, digital service providers, banking software providers or any funds transfer method or system collectively referred to as ‘Agents’. These ‘Agents’ are used to provide you with service and in doing so shall be deemed your ‘Agents’.

As such, the Bank will not be liable for:

i.

any loss, liability, or expense incurred to you as a result of an act or omission by an ‘Agent’ beyond the reasonable control of the Bank.

ii.

the failure, destruction or late delivery of any instrument, security, certificate, document, instruction or signal of any kind while in transit or while in the possession or control of an ‘Agent’ or person other than the Bank

iii.

any delay in completing or failure to complete any funds transfers while using any ‘Agents’

iv.

any delay in completing or failure to complete due to the handling of funds transfer requests in the order they were received

INTEREST CALCULATIONS

Any interest rate to be paid into your account with the Bank is subject to change based on market conditions and bank policy. There is no limit as to the number of times this interest rate and annual percentage yield (APY) may be changed by the Bank. The Bank calculates interest in all interest-bearing accounts as per the daily balance method. This involves applying the daily periodic rate each day to the available balance in your Account based on a 365-day year. This interest is paid by crediting it into the account. New deposits are eligible to earn interest on the first business day of being cleared and available in your account. An account closure prior to the interest being credited will relieve the Bank from this responsibility.

MINIMUM ACCOUNT BALANCE

Notwithstanding other agreements between the Bank and yourself, the minimum opening balance requirement is as follows:

1)

Personal Account: USD 25,000

2)

Corporate Account: USD 25,000

3)

Private Account: USD 100,000

Any deficiency in this regard may result in fees charged to your account by the Bank. The Bank at its discretion may decide to close the account if the deficiency is not corrected and fees not paid within a reasonable time frame. The Bank will not be liable to you for any loss, liability, or expense incurred as a result of such closure.

FEES

You agree to pay any fees, charges or other costs applied to the balance in your account from time to time. You also authorize the Bank to debit your account with the amount of any such fees, charges or other costs.

INTERNET BANKING

i.

Online Account Availability and Maintenance
Any online services offered by the Bank, including but not limited to account management services, will be available 24/7. However, during times of routine maintenance and/or upgrades the above-mentioned online services may not be available. Access to these services will be restored upon completion of required routine maintenance and/or upgrades. The Bank will not be liable to you for any loss, liability, or expense incurred as a result of these required maintenance and/or upgrades.

ii.

Online access to Account Statements and Notices
The bank will not mail physical copies of your monthly account statement and other account notices, instead all such correspondence will be available in your online account. These items will be considered delivered as soon as they are available to you in your online account. Therefore, it is your responsibility to set up and maintain online access to your account. The responsibility to monitor your account is solely yours. The Bank will not be liable to you for any loss, liability, or expense incurred as a result of your inability to monitor your account. The Bank will also not be liable to you for any loss, liability, or expense incurred as a result of your inability to access your monthly statements and/or account notices.

iii.

Your Obligation to Review Online Account Statements
It is your responsibility to review all Account statements and notices via your online account for any errors. In the event of errors on your statement or notice you must notify the Bank within 5 business days. The Bank will not be liable to you for any loss, liability, or expense incurred as a result of your inability to access your monthly statements and/or account notices and report errors. It is your responsibility to set up and maintain online access to your account.

FOREIGN CURRENCY TRANSACTIONS

Any foreign currency transaction will be governed by its exchange rate and other ‘Costs’ associated with the transaction. The ‘Costs’ may be defined as commissions and other fees charged to the Bank by counterparties used to facilitate the transaction. The exchange rate used by the Bank is dependent on but not limited to the following factors:

1)

Type and value of transaction

2)

Type of foreign currency involved

3)

Timing of the transaction

4)

Interest rates, money supply and financial stability of the country

Due to these factors the exchange rate used by the Bank may not be the same as displayed by other services.

AUTHORITY TO CLOSE YOUR ACCOUNT

The Bank may at any time close any of your accounts by providing you with a 14 days’ notice in writing. Upon account closure, the Bank is not obligated to accept deposits or undertake any transactions on your behalf. There may be instances when your account may not be closed, including but not limited to unresolved transactions and ongoing legal process.

ACCOUNT HOLDER’S INFORMATION

i.

How we use your Information
We are committed to protecting your personal information and your right to privacy. We collect personal information that you voluntarily provide to us when you submit the new account application form. The personal information that we collect depends on the context of your interactions with us, the choices you make and the products and services you use. All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information. We may collect limited data from public databases, marketing partners, and other outside sources. We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent. We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations. We aim to protect your personal information through a system of organizational and technical security measures. If you would at any time like to review or change the information in your account or terminate your account, you can log in to your account settings and update your user account. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements. A detailed version of this privacy policy can be found at https://www.imbltd.com/support#privacy-policy.

ii.

Disclosure to third parties

1)

The Bank shall not disclose any information relating to the affairs of Account Holder which it has acquired in the performance of its duties or the exercise of its functions under the Nevis International Banking Ordinance 2014, except where such information:

a.

is lawfully required or permitted by any law or court of competent jurisdiction in St. Christopher and Nevis;

b.

is voluntarily given by the Account Holder in respect to the affairs of the Account;

c.

is ought to be disclosed in any legal or quasi-legal proceedings in which the Bank is a party whether as claimant, defendant, interested party or otherwise;

d.

is disclosed by the Financial Services Regulatory Commission in accordance with the Nevis International Banking Ordinance to a banking regulatory or supervisory authority outside of St. Christopher and Nevis where such information is considered necessary for that authority to exercise functions similar to those of the Financial Services Regulatory Commission pursuant to the Nevis International Banking Ordinance including any information which will assist that foreign authority in its consolidated supervision of a banking group which controls or is affiliated with the Bank.

2)

The Account Holder shall at all times be deemed to have agreed and voluntarily authorize the Bank to disclose such information:

a.

relating to the Account or the affairs of the Account Holder to the Bank’s correspondent banks upon request and to anyone who the Bank reasonably believes is conducting a legitimate credit inquiry, including, without limitation, inquiries to verify the existence or condition of the Account for a third party such as a lender, merchant or credit bureau, in response to any subpoena, summons, court or administrative order, or other legal process which the Bank believes requires its compliance;

b.

in connection with collection of indebtedness or to report losses incurred by the Bank;

c.

in compliance with any agreement between the Bank and a professional, regulatory authority or disciplinary body;

d.

in connection with the potential sale of the Bank and any of its affiliated businesses; and

e.

to carefully selected service providers or third parties who assist the Bank with meeting Account Holder’s needs, by providing or offering Bank’s services or their own products and services.

iii.

Confidentiality Of Information

The Bank appreciates the importance of confidentiality while ensuring compliance with applicable law. The Bank will act within the ambits of the Confidentiality Relationships Act Cap 21.02 of the revised laws of the Federation of St. Christopher and Nevis. All information collected by the Bank is subject to strict confidentiality protections and procedures, including procedural, physical, and electronic safeguards to secure your information from unauthorized use and accidental or unlawful alteration and destruction.

We hold our employees accountable for complying with the strictest confidentiality procedures. We will retain copies of information in paper or electronic form at our discretion, and as a general matter, only so long as is necessary to comply with applicable law or as necessary to exercise any legal rights with respect to your relationship with the Bank. You hereby authorize the Bank to use and divulge your information solely as may be necessary to provide services requested by You, conduct due diligence, pursuant to legal process or Court order or otherwise to maintain a high standard for the Bank’s internal legal, operating, and compliance processes (for example as part of the Bank’s ongoing Anti Money Laundering procedures), or as necessary to comply with the laws of the Federation of St. Christopher and Nevis.

USE OF ACCOUNT CERTIFICATION

You hereby declare that you are not involved in any criminal, money laundering or other illegal activities and neither this Account or any other Account or relationship with the Bank will be used for any criminal, money laundering or other illegal activities. You also declare that you will not be transferring in any assets to defeat the collection of any Government or any other Government backed obligation applicable to you.

RESTRICTING THE ACCOUNT

The bank reserves the right to refuse, reverse, freeze or delay any transaction, pending or requested, in your Account(s) in order to protect you and/or the Bank.

LIMITATION OF LIABILITY, INDEMNIFICATION AND ACCOUNT INSTRUCTIONS

The Account Holder shall indemnify, hold harmless and defend International Merchant Bank Limited and each of its respective officers, directors, employees, representatives and agents from and against all claims, demands, actions, suits, petitions, proceedings, judgments, orders and decrees brought, made or rendered against the Bank or any or all of them and all damages, losses and expenses (including reasonable attorneys’ fees) that the Bank or any or all of them may suffer, incur or sustain by reason of the Bank having accepted such instructions.

The Bank shall not be responsible for liability, loss or damage which may be caused by it acting in accordance with applicable laws, regulations, or rules (including, without limitation, rules and regulations of the various payment systems), or with the terms of the Bank’s agreement with other banks or financial institutions regarding any transaction of business with those banks or institutions notwithstanding that the Account Holder may have given instructions to the contrary.

i.

The Bank shall not be liable to the Account Holder for any action taken or not taken whether directly caused by the Bank’s gross negligence or willful misconduct by it under the terms of this document;

ii.

The Account Holder shall indemnify defend and hold harmless the Bank and its officers, directors, shareholders, related companies, employees, agents and attorneys (hereinafter called “the affected parties”) from and against any and all liability, damage, fine, penalty, loss or expense (including attorneys’ fees and costs and all fees and costs associated with enforcing this indemnification) suffered or incurred by the Bank or any of the affected parties (including any seizure or forfeiture of the assets or property of the Bank or the affected parties) resulting from any claim, action or proceeding whether criminal or civil against the Account Holder;

iii.

The Account Holder shall indemnify defend and hold harmless the Bank and its officers, directors, shareholders, related companies, employees, agents and attorneys (hereinafter called “the affected parties”) from and against any and all liability, damage, fine, penalty, loss or expense (including attorneys’ fees and costs and all fees and costs associated with enforcing this indemnification) which may be brought against the Bank by yourself, your correspondents, agent or officers and which may emanate from the Bank accepting and acting on instructions purporting or appearing on their face to have been received by you.

iv.

The Account Holder agrees that in no event will they claim damages against the Bank in excess of the Account Holder’s direct loss of funds.

v.

The bank will not be liable for following any instructions received from you and/or any authorized signatories including any errors, omissions, misunderstandings, or instructions from unauthorized parties. These are risks assumed by you the Account Holder.

v.

In addition to any rights of set-off and any similar express or implied rights, the Bank may at any time, as a continuous right, without notice or demand and at its sole and absolute discretion, freeze, retain for and indemnify itself and appropriate in or towards satisfaction of any liability, damages or loss suffered or incurred by the Bank or the affected parties.

For any instructions issued but not received, you agree that said instructions will be deemed to be issued only upon receipt by the Bank. For any instructions issued electronically, you accept the risk of equipment malfunction including paper shortage, transmission errors, omissions and distortion. You agree that for any discrepancy between your instructions and Banks’s interpretation of your instructions, the Bank’s interpretation will hold. You acknowledge and certify that you, your correspondents, agent or officers shall bear the full responsibility for any electronic instructions received that may be tampered with or altered in any way by an unauthorized party. The Bank reserves the right to refuse to execute your instruction at any time and you agree that the Bank will not be liable to you for any loss, liability, or expense incurred as a result of this action.

DATA PROTECTION AND UNAUTHORIZED TRANSACTIONS

The Bank shall implement systems and software, that they deem fit and proper, to protect the Account Holder’s information from theft or breaches. This includes data protection and privacy software to safeguard the client’s information including but not limited to your Passport, Driver’s License, Social Security Number or Taxpayer Identification Number, and any other information that by itself or together with information on your Account. Any breaches of such systems, the Bank agrees to notify the Account Holder without undue delay by written notice with the relevant details of the breach. The Bank shall have no liability for any loss, claim, or damage the Account Holder sustains as a result of the use of their personal information described above whether such transactions were authorized or not.

The Account Holder must report any unauthorized transaction on their Account and agrees to cooperate with the Bank fully in their investigation. If the Account Holder fails to comply, they agree to waive any claims against the Bank.

WAIVER OF RIGHTS

These terms and conditions and any policies or operating rules governing the existence of your Account constitute the entire agreement and understanding between you and the Bank. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement will operate to the fullest extent permissible by the laws of the Federation of Saint Christopher and Nevis.

CHANGES TO THE AGREEMENT

The Bank may update this Agreement from time to time. The updated version will be effective as soon as it is accessible on the Bank website www.imbltd.com. If we make material changes to this Agreement, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification through your online account access. We encourage you to review this Agreement frequently to stay informed of all the terms and conditions governing your account. You accept any changes to this Agreement by continuing to maintain your account after the publication of said changes.

The Account Holder can request in writing that The Bank directly mail or email to them the most recent version of this Agreement. If an Agreement is sent via mail, courier, email, or facsimile, notice is said to be given to the Account Holder:

i.

48 hours after the Bank places it in the mail, postage-paid, for delivery to the address as shown on Bank's records;

ii.

Upon transmission if the notice is sent via facsimile or electronically; and

iii.

Upon delivery if the notice is given by personal delivery.

If a specific notice period or type of notice is required by applicable law, the revised terms will be binding on the Account Holder in accordance with such law.

AGREEMENT TO ARBITRATE

To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (each a "Dispute" and collectively, the “Disputes”) brought by either you or the Bank (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

i.

Binding Arbitration
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be 1. The seat, or legal place, of arbitration shall be Charlestown, Saint Kitts and Nevis. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of Saint Kitts and Nevis.

ii.

Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

iii.

Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

ASSIGNMENT AND SUCCESSORS

This is a binding agreement on you and your successors and assigns including your correspondents, agents and officers. In the event of a transfer, assignment or hypothecation of this agreement, the Bank’s written consent will be required. The transfer, assignment or hypothecation of this Agreement is only considered valid once you are provided with a notice of approval in your online account.

CHANGES TO ACCOUNT HOLDER

The Account Holder is under an obligation to inform the Bank in writing of any changes which may affect this Agreement, or any Agreement or the Account. Written instructions once given by the Account Holder hereunder, may only be reversed, amended or revoked by the Account Holder with the consent of the Bank. The Bank’s consent shall not be withheld unless the Bank reasonably determines that it would not be possible to give effect to any reversal, amendment or revocation of such instructions.

CLAIMS AND DISPUTES

In the event the Bank is served with summons, subpoenas, court orders or other legal process which name any Account Holder on the Account as debtor or otherwise:

i.

The Bank shall be entitled to rely upon the representations, warranties and statements made in such legal process whether instituted in St. Christopher and Nevis or in another jurisdiction;

ii.

The Account Holder agrees that the Bank may respond to any such legal process in its own discretion without regard to jurisdiction.

iii.

The Account Holders on the Account agree jointly and severally to hold harmless and indemnify the Bank for any losses, expenses and costs, including attorneys' fees, incurred by the Bank as a result of complying with such legal process.

In the event the Bank receives written notice from a personal representative, executor or administrator purporting to represent the Account Holder's estate, the Bank shall be entitled to rely on all representations made in such written notice if the Bank is provided with Probate, Letters of Administration or Resealing of a Grant bearing a duly recognized court seal of the jurisdiction of St. Christopher and Nevis.

SEVERABILITY

Any term(s) contained in this Agreement which is or becomes invalid or unenforceable under applicable law or regulation, shall not affect the validity or enforceability of the remaining terms.

ASSIGNMENT

The Bank may assign or delegate any of the Bank’s rights or obligations under this Agreement to an independent contractor or other third-party organizations without affecting the enforceability hereof. The Account Holder’s rights may not be assigned or transferred without the Bank’s written consent.

NOTICES

Any notice, statement, demand or other communication by or from the Bank shall be deemed validly given or served:

i.

if the Account Holder has requested the Bank to hold the same, when they are placed in Account Holder’s file; or

ii.

if sent by courier, post, email or facsimile to the Account Holder as stated in any account mandate to the current address as the Account Holder may have expressly notified or the principal place of business of the Account Holder. The Bank has the right to destroy any notice, statement or other communication held for more than seven years.

Any notice, instructions or other communication given by the Account Holder to the Bank shall be given in writing and shall be deemed validly given or served when received by the appropriate officer.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed exclusively by the laws of St. Christopher and Nevis in force on the date the Account Holder submits the new account application with the Bank. The Account Holder agrees that all disputes arising under or relating to this Agreement shall be brought in, decided by, and subject to the exclusive jurisdiction of the Courts of St. Christopher and Nevis and the Account Holder expressly waives all defenses and claims based on lack of personal or subject matter jurisdiction of the Courts of St. Christopher and Nevis. The Account Holder expressly submits to the personal jurisdiction of the Courts of St. Christopher and Nevis with respect to all matters arising from or pertaining to this Agreement.

International Merchant Bank Limited
JHT Executive Suites
Suite 3, Stoney Grove Commercial Development
St. John’s Parish, Nevis, St. Kitts and Nevis

Give us a call:

Tel: +1-869-469-4626‍

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Terms and Conditions

Accepting the Terms and Condition

All authorized signatories must review, accept and sign off on these terms and conditions before the wire transfer is processed by the bank. If you do not agree with these terms and conditions, International Merchant Bank Limited ("bank") reserves the right to refuse to execute your instruction at any time and you agree that the Bank will not be liable to you for any loss, liability, or expense incurred as a result of this action. The bank will contact you via telephone or email on the same day and communicate the reason(s) for the rejection.

Authorization

The bank will act on wire transfer payment orders delivered via walk-in, mail, courier, email or other electronic means only and that are made on the bank’s wire transfer request form. All transfer requests will require the presentation of a government issued ID (personal and corporate accounts) along with the relevant authorization to make said request (Corporate Accounts only). In the event of a remote request, you may be contacted electronically or by phone to verify your identity and authorization to conduct the transfer and will be asked to complete the bank’s wire transfer request form. The wire transfer would only be deducted from the account stated on the wire transfer application form. There must be sufficient funds available in the account to cover the wire transfer and all other bank related charges and fees. The Bank will not be liable for its inability to effect a transaction due to insufficient funds or any other irregularity.

Security Procedures

In the event of a remote request, you may be contacted electronically or by phone to verify your identity and authorization to conduct the transfer and will be asked to complete the bank’s wire transfer request form. Any refusal in complying with these requests will result in the Bank refusing to allow the transfer out request. The Bank will not be liable to you for any loss, liability, or expense incurred as a result of such refusal.

The bank may use any means or routes that the bank, at its sole discretion considers suitable for executing a wire transfer request.  An intermediary bank may be used to perform the wire transfer and due diligence may be conducted again if they deem it necessary.

The bank may change these security procedures from time to time. The updated terms would be displayed on the bank’s website at www.imbltd.com and the bank may send written communications to your email.

Cancellation and Amendment

Once the wire transfer order has been accepted, it cannot be cancelled or amended except by mutual agreement. The bank will not be liable for following any instructions received from you and/or any authorized signatories including any errors, omissions, misunderstandings, or instructions from unauthorized parties. These are risks assumed by you the Account Holder. In the event of any error the bank may on the bank’s own initiative, amend the errors or request that the wire transfer be cancelled, and funds be returned to the bank. However, the bank is in no way obligated to do so.

Refund

In the event that the beneficiary does not receive the payment, the ordering client is entitled to a refund. This refund would be issued upon receipt of the returned funds from the corresponding, intermediary and/or beneficiary bank less any expenses associated with the recovery of the funds. The bank would not be responsible for the fluctuation of the exchange rates.

Cut off times

The cut-off time is the latest time each day that the bank can make payment or transfer from an account. Wire transfer requests received after the cut-off time would be processed the next business day. Requests sent on weekends (Saturday & Sunday) and public holidays shall be deemed received on the next banking day.  The bank will process requests within 48 hours after completion of all security procedures. The bank may, at its discretion and its option, extend its cut-off hour.

Indemnification

The Account Holder shall indemnify, hold harmless and defend International Merchant Bank Limited and each of its respective officers, directors, employees, representatives and agents from and against all claims, demands, actions, suits, petitions, proceedings, judgments, orders and decrees brought, made or rendered against the Bank or any or all of them and all damages, losses and expenses (including reasonable attorneys’ fees) that the Bank or any or all of them may suffer, incur or sustain by reason of the Bank having accepted instructions pertaining to your account.

The Bank shall not be responsible for liability, loss or damage which may be caused by it acting in accordance with applicable laws, regulations, or rules (including, without limitation, rules and regulations of the various payment systems), or with the terms of the Bank’s agreement with other banks or financial institutions regarding any transaction of business with those banks or institutions notwithstanding that the Account Holder may have given instructions to the contrary.

The following clauses will apply in addition to the aforementioned:

i.

The Bank shall not be liable to the Account Holder for any action taken or not taken whether directly caused by the Bank’s gross negligence or willful misconduct by it under the terms of this document;

ii.

The Account Holder shall indemnify defend and hold harmless the Bank and its officers, directors, shareholders, related companies, employees, agents and attorneys (hereinafter called “the affected parties”) from and against any and all liability, damage, fine, penalty, loss or expense (including attorneys’ fees and costs and all fees and costs associated with enforcing this indemnification) suffered or incurred by the Bank or any of the affected parties (including any seizure or forfeiture of the assets or property of the Bank or the affected parties) resulting from any claim, action or proceeding whether criminal or civil against the Account Holder;

iii.

The Account Holder shall indemnify defend and hold harmless the Bank and its officers, directors, shareholders, related companies, employees, agents and attorneys (hereinafter called “the affected parties”) from and against any and all liability, damage, fine, penalty, loss or expense (including attorneys’ fees and costs and all fees and costs associated with enforcing this indemnification) which may be brought against the Bank by yourself, your correspondents, agent or officers and which may emanate from the Bank accepting and acting on instructions purporting or appearing on their face to have been received by you.

iv.

The Account Holder agrees that in no event will they claim damages against the Bank in excess of the Account Holder’s direct loss of funds.

v.

The bank will not be liable for following any instructions received from you and/or any authorized signatories including any errors, omissions, misunderstandings, or instructions from unauthorized parties. These are risks assumed by you the Account Holder.

vi.

In addition to any rights of set-off and any similar express or implied rights, the Bank may at any time, as a continuous right, without notice or demand and at its sole and absolute discretion, freeze, retain for and indemnify itself and appropriate in or towards satisfaction of any liability, damages or loss suffered or incurred by the Bank or the affected parties. For any instructions issued but not received, you agree that said instructions will be deemed to be issued only upon receipt by the Bank. For any instructions issued electronically, you accept the risk of equipment malfunction including paper shortage, transmission errors, omissions and distortion. You agree that for any discrepancy between your instructions and Banks’s interpretation of your instructions, the Bank’s interpretation will hold. You acknowledge and certify that you, your correspondents, agent or officers shall bear the full responsibility for any electronic instructions received that may be tampered with or altered in any way by an unauthorized party. The Bank reserves the right to refuse to execute your instruction at any time and you agree that the Bank will not be liable to you for any loss, liability, or expense incurred as a result of this action.

GET HELP WITH YOUR ACCOUNT

Visit Our Branch Location:

International Merchant Bank Limited
JHT Executive Suites
Suite 3, Stoney Grove Commercial Development
St. John’s Parish, Nevis, St. Kitts and Nevis

Give us a call:

Tel: +1-869-469-4626

SEND AN INQURIY VIA FORM

SCHEDULE A MEETING

We’re scheduling meetings by phone and in person, based on your preference. We are following guidance to help keep everyone safe in our branch.

Visit Our Branch Location:

International Merchant Bank Limited
JHT Executive Suites
Suite 3, Stoney Grove Commercial Development
St. John’s Parish, Nevis, St. Kitts and Nevis

Give us a call:

Tel: +1-869-469-4626‍

SEND AN INQURIY VIA FORM

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TERMS OF USE

‍AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and International Merchant Bank Limited , doing business as IMBL ("IMBL", “we”, “us”, or “our”), concerning your access to and use of the http://www.imbltd.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

IMBL is governed by the following Anti-Money Laundering/Countering the Financing of Terrorism (AML/CFT) Laws and Regulations of St. Kitts and Nevis:

  • Financial Services Regulatory Commission Act, Cap 21.10
  • Anti-Money Laundering Regulations, No. 46 of2011 (as amended)
  • Anti-Terrorism (Prevention of Terrorist Financing) Regulations, No. 47 of 2011 (as amended)
  • Financial Services (Implementation of Industry Standards) Regulations, No. 51 of 2011
  • Proceeds of Crime Act, Cap 21.09
  • Anti-Terrorism Act, Cap 4.02
  • Financial Intelligence Unit Act, Cap 21.09
  • (Any other legislation relevant to the course of business)

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.


USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).


USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.


PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

5. Use any information obtained from the Site in order to harass, abuse, or harm another person.

6. Make improper use of our support services or submit false reports of abuse or misconduct.

7. Use the Site in a manner inconsistent with any applicable laws or regulations.

8. Use the Site to advertise or offer to sell goods and services.

9. Engage in unauthorized framing of or linking to the Site.

10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

12. Delete the copyright or other proprietary rights notice from any Content.

13. Attempt to impersonate another user or person or use the username of another user.

14. Sell or otherwise transfer your profile.

15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

16. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

18. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

20. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

22. Use a buying agent or purchasing agent to make purchases on the Site.

23. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

24. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.


USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.


CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.


MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to the U.S. and/or any government embargo, or that has been designated by the U.S. and/or any government as a “terrorist supporting” country and (ii) you are not listed on the U.S. and/or any government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.


SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.


SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.


PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: __________. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in Switzerland. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Switzerland, then through your continued use of the Site, you are transferring your data to Switzerland, and you agree to have your data transferred to and processed in Switzerland.


TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms shall be governed by and defined following the laws of Saint Kitts and Nevis. International Merchant Bank Limited and yourself irrevocably consent that the courts of Saint Kitts and Nevis shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be 1. The seat, or legal place, of arbitration shall be Charlestown, Saint Kitts and Nevis. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of Saint Kitts and Nevis.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

International Merchant Bank Limited

JHT Executive Suites, Suite 3

Stoney Grove Commercial Development

St. John's Parish, St. Kitts and Nevis

Saint Kitts and Nevis

Phone: 1-869-469-4626

info@imbltd.com

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PRIVACY POLICY

Thank you for choosing to be part of our community at International Merchant Bank Limited, doing business as IMBL ("IMBL", "we", "us", "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at info@imbltd.com.

When you visit our website http://www.imbltd.com (the "Website"), and more generally, use any of our services (the "Services", which include the Website), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.

This privacy notice applies to all information collected through our Services (which, as described above, includes our Website), as well as, any related services, sales, marketing or events.‍

Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.

1. WHAT INFORMATION DO WE COLLECT?


Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the Website, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use. The personal information we collect may include the following:

Personal Information Provided by You. We collect names; phone numbers; email addresses; mailing addresses; usernames; passwords; job titles; contact preferences; contact or authentication data; billing addresses; debit/credit card numbers; and other similar information.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

‍
Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Website.

We automatically collect certain information when you visit, use or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Website and other technical information. This information is primarily needed to maintain the security and operation of our Website, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:

  • Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps') and hardware settings).
  • Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.
  • Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.


Information collected from other sources

In Short: We may collect limited data from public databases, marketing partners, and other outside sources.

In order to enhance our ability to provide relevant marketing, offers and services to you and update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, as well as from other third parties. This information includes mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), Internet Protocol (IP) addresses, social media profiles, social media URLs and custom profiles, for purposes of targeted advertising and event promotion.

2. HOW DO WE USE YOUR INFORMATION?

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Website for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

  • To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
  • To post testimonials. We post testimonials on our Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at info@imbltd.com and be sure to include your name, testimonial location, and contact information.
  • Request feedback. We may use your information to request feedback and to contact you about your use of our Website.
  • To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.
  • To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
  • To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
  • To protect our Services. We may use your information as part of our efforts to keep our Website safe and secure (for example, for fraud monitoring and prevention).
  • To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
  • To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
  • Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Website.
  • Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.
  • To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.
  • To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
  • To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS?" below).
  • Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share your data that we hold based on the following legal basis:

  • Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
  • Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
  • Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
  • Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than eighty four (84) months past the termination of the user's account.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment.

7. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Website. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at info@imbltd.com.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: In some regions, such as the European Economic Area (EEA) and United Kingdom (UK), you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like the EEA and UK), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

If you are a resident in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

If you have questions or comments about your privacy rights, you may email us at info@imbltd.com.

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Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

  • Log in to your account settings and update your user account.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website. To opt-out of interest-based advertising by advertisers on our Website visit http://www.aboutads.info/choices/.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:

  • Access your account settings and update your preferences.

9. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.


CCPA Privacy Notice

The California Code of Regulations defines a "resident" as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as "non-residents."

If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.

What categories of personal information do we collect?

We have collected the following categories of personal information in the past twelve (12) months:

Category
Examples
Collected
A. Identifiers
Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name
NO
B. Personal information categories listed in the California Customer Records statute
Name, contact information, education, employment, employment history and financial information
YES
C. Protected classification characteristics under California or federal law
Gender and date of birth
NO
D. Commercial information
Transaction information, purchase history, financial details and payment information
NO
E. Biometric information
Fingerprints and voiceprints
NO
F. Internet or other similar network activity
Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements
NO
G. Geolocation data
Device location
NO
H. Audio, electronic, visual, thermal, olfactory, or similar information
Images and audio, video or call recordings created in connection with our business activities
NO
I. Professional or employment-related information
Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us
NO
J. Education Information
Student records and directory information
NO
K. Inferences drawn from other personal information
Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics
YES

We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:

  • Receiving help through our customer support channels;
  • Participation in customer surveys or contests; and
  • Facilitation in the delivery of our Services and to respond to your inquiries.

How do we use and share your personal information?

More information about our data collection and sharing practices can be found in this privacy notice.

You may contact us by email at info@imbltd.com, or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal data.

International Merchant Bank Limited has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. International Merchant Bank Limited will not sell personal information in the future belonging to website visitors, users and other consumers.

Your rights with respect to your personal data

Right to request deletion of the data - Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.

Right to be informed - Request to know

Depending on the circumstances, you have a right to know:

  • whether we collect and use your personal information;
  • the categories of personal information that we collect;
  • the purposes for which the collected personal information is used;
  • whether we sell your personal information to third parties;
  • the categories of personal information that we sold or disclosed for a business purpose;
  • the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
  • the business or commercial purpose for collecting or selling personal information.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights

  • you may object to the processing of your personal data
  • you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data
  • you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
  • you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.

To exercise these rights, you can contact us by email at info@imbltd.com, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.

11. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

12. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at info@imbltd.com or by post to:

International Merchant Bank Limited

JHT Executive Suites, Suite 3

Stoney Grove Commercial Development

St. John's Parish

Saint Kitts and Nevis


13. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please visit: http://www.imbltd.com.


The FAQ's

FREQUENTLY ASKED QUESTIONS

Everything you need to know about available banking solutions, wire transfers and more.

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Getting Started
Wire Transfers
Products & Services
Trade Finance Facilities
Deposit Account
Online Banking
FX Q&A
Others
Filter by Category
Wire Transfers

Can I request a Wire Transfer if I do not maintain an account with IMBL?

This service is available to IMBL clients only. You can contact an IMBL banker to apply to open a new account.

Deposit Account

Are there any minimum balance requirements pertaining to Deposit Accounts?

Yes, there are minimum balance requirements pertaining to Deposits Accounts. Please contact us via our website at www.IMBLTD.com for additional information.

Deposit Account

Can copies of the original documents be used instead of the originals?

IMBL accepts copies of the supporting documents. However, certain copies may need to be notarized. Please refer to the Account Opening Application Form for more information.

Wire Transfers

Are there any limitations on Wire Transfers?

All wire transfers are subject to the “Wire Transfer Terms and Conditions”

All Wire Transfers are subject to satisfactory compliance and approval by the Bank.

Wire Transfers

How do I initiate a Wire Transfer?

By registering for Online Banking, you can remit Wire Transfers from anywhere at any time. You can also visit our Branch in Nevis, St. Kitts & Nevis for this service, subject to Bank hours.‍

Online Banking

Does IMBL offer any Online Banking services?

Yes, your account can be accessed online at ibank.imbltd.com

Products & Services

What are the account currencies offered?

IMBL is offering Single and Multiple Currency Accounts in main currencies including US Dollar (USD), Great Britain Pound (GBP), EURO (EUR), Emirati Dirham (AED), Canadian Dollar (CAD), Swiss Franc (CHF), Norwegian Krone (NOK), Swedish Krona (SEK) and Australian Dollar (AUD).

Wire Transfers

What are the available currencies for Wire Transfers with IMBL?

You can remit funds in US Dollar (USD), Great Britain Pound (GBP), EURO(EUR), Emirati Dirham (AED), Canadian Dollar (CAD), Swiss Franc (CHF), Norwegian Krone (NOK), Swedish Krona (SEK), and Australian Dollar (AUD).

Trade Finance Facilities

What are the charges/fees for the Trade Finance facilities offered?

IMBL is offering a competitive pricing structure while ensuring exceptional services to clients. Terms and Conditions will be provided upon review of the completed application.

Others

Do you offer Referral Program?

Referrals are considered on a case-by-case basis. Contact your IMBL banker for further information!

Wire Transfers

How long does it take for a Wire Transfer Request to process?

Wire transfer requests are processed immediately provided the application is received before the cut-off time (2:00pm EST) and compliance approval obtained.

Getting Started

Does IMBL accept scanned copies of documents?

Yes, scanned copies are acceptable. However, certain copies will require notarization as mentioned in your application packet.

Deposit Account

How does the Monthly Account Maintenance Fee apply?

The Monthly Account Maintenance Fees is based on the Account Type – Personal Account, Private Account or Corporate Account. If you maintain more than one “Corporate Account”, in different currencies, there will be only one monthly account maintenance fee charged to your main account.

Wire Transfers

What are the charges/fees for Wire Transfers?

IMBL charges a fixed fee for both Incoming Wire Transfers and Outgoing Wire Transfers regardless of amount transferred. Please contact us via our website at www.IMBLTD.com for the Fee Schedule.

Products & Services

What are the products and services available?

IMBL currently offers:

  • Deposit Accounts (Single and Multiple Currency)
  • Trade Finance Facilities
  • Wire Transfers
  • Online Banking
  • IMBL is constantly bringing innovative new solutions to the industry. Please visit again soon for updates.
Online Banking

How can I access the IMBL online banking platform?

You can access IMBL Online Banking Services with a laptop or a computer at www.imbltd.com

Trade Finance Facilities

What are the Trade Finance facilities offered by IMBL?

IMBL offers a variety of trade finance products such as Documentary Letter of Credit (DLC/LC), Standby Letter of Credit (SBLC)/Bank Guarantee (BG), Performing Bond (PB) and many others. Meanwhile, our services include Issuing, Advising, Relaying, Confirming and Settlement.

Deposit Account

Who is eligible for an IMBL account?

Individuals and legal entities are eligible.

Deposit Account

What Deposit Accounts are available?

There are three types of Deposit Accounts being offered. These are Personal Account, Private Account, and Corporate Account.

Deposit Account

How can I apply for a Deposit Account?

The Application for Account Opening can be submitted Electronically or Physically at the Bank.

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FX Q&A

Do I need an account with IMBL to execute a forex trade?

Yes, only account holders can access this service.

Deposit Account

How many Deposit Accounts can I open with IMBL?

There are no restrictions on the number of Deposit Accounts per customer. However, every application for a Deposit Account is subject to the Bank’s approval.

FX Q&A

How long does it take to execute a currency transaction? / When is my currency transaction executed?

FX transactions are usually completed within 1-3 business days.

Deposit Account

How can I make a deposit into my account?

Clients can make deposits by Wire Transfer from other banks or financial institutions.

FX Q&A

Can I fix an exchange rate for a future payment?

No, the exchange rates fluctuate daily.

FX Q&A

What are the FX fees?

FX fees are quoted based on the best rates we have access to.

Online Banking

How can I register for IMBL Online Banking?

You can opt-in for IMBL Online Banking at the time of the account application process by checking the desired option on the Account Opening Application Form.

FX Q&A

Are there any limitations for transactions?

There are no limits assigned to each currency purchase.  However, the amounts you are allowed to purchase is dependent on your account available balance.

FX Q&A

How much can I transfer through the platform?

There are no limits on platform transfers. You may purchase any amounts up to your available account balance.

FX Q&A

What are the exchange rates?

The exchange rate, which fluctuates daily, is linked to the rates offered by our Partner Banks.

FX Q&A

What are the available currencies for exchange?

IMBL can process 22 currencies including all of the major currencies.  These include: - USD, GBP, CAD, EUR, AED, CHF, NOK,CHF, CNY, AUD & PHP

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