> LEGAL

Terms & Conditions

These Terms govern:

The use of this Application, and,
Any other related Agreement or legal relationship with the IBEX in a legally binding way.

Capitalized words are defined in the relevant dedicated section of this document. The User must read this document carefully. This Application is provided by: IBEX BITCOIN INVESTMENT CORP (“IBEX”)IBEX contact email: legal@ibexmercado.com

"This Application" refers to:

This website, including its subdomains and any other website through which IBEX makes its Service available;
Applications for mobile, tablet and other smart device systems; the Service;
Any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

The following documents are incorporated by reference into these Terms:

Privacy Policy
Other documents to the discretion of IBEX

What the User Should Know at a Glance

Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
This Application uses automatic renewal for Product subscriptions. Information about the a) renewal period, b) termination details and c) termination notice can be found in the relevant section of these Terms.
Usage of this Application and the Service is restricted to the clients (Users) of IBEX, as detailed in the relevant section of this document.

Terms of Use

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application. Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Application, Users confirm to meet the following requirements:

There are no restrictions for Users in terms of being Consumers or Business Users;
Users must be older than 18;

The Application

IBEX Pay is a custodial payment processing system through the Bitcoin Lightning Network (LNP/BP). The services provided by IBEX allow you to send and receive Bitcoin (“BTC”) payments on behalf of the customer. IBEX hereby grants you a non-exclusive, limited, revocable, and non-transferable right to use its web application, exclusively for the following purposes.

Access the Application to make all purchases and sales of Bitcoin on behalf of the client.
Only on a commercial basis.
The delivery of the BTC is made to the Wallet indicated when registering with the user and by the person legally authorized by the legal staff.
Make a payment of commissions in accordance with what is established herein.
Make decisions on the final receiving currency (BTC, US dollars or a combination of both).
Change the structure, as the client wishes, on users, accounts and payment terminals (BPTs).
To be able to access from several user accounts, from the master account and from user accounts with restricted permissions.

Transactions processed through the Application shall be subject to the BTC exchange rate and other terms determined by IBEX in its sole discretion. By entering a transaction, in addition to the terms of this Agreement, you agree to be bound by the exchange rate and terms applicable to that transaction. The terms determined by IBEX shall apply in all cases, except where they contradict or violate this Agreement, violate applicable law, or if both parties to the transaction consent to alter the terms and conditions of the transaction. You enter into all transactions through the Application solely at your own risk. For each transaction, you are solely responsible for confirming: (a) the data provided, amounts, digital addresses, and payment information, (b) the receipt of the completed payment and (c) that the payment was made in accordance with the instructions given through the Application; (d) the management of the user account is entirely his/her responsibility, IBEX assumes that the user account is managed by the legal representative and/or the person duly authorized by the entity.

You represent and warrant that you will not make, provide, receive, or attempt to make, provide or receive payments to or from any person or entity that is a third party, and/or is currently subject to any bar under IBEX Policies. Once you have approved a transaction, it is not possible to cancel, reverse, dispute, or recover or return your assets. Once a transaction has been initiated, IBEX has no control over the transaction and the transaction can only be accepted by confirmation through the IBEX PAY Application. You assume sole responsibility for such confirmation and acknowledge that IBEX assumes no liability in this regard.

Account Registration

To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application. By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform IBEX via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, has been violated, unduly disclosed, or stolen.

'Personal Data' means any details about you, from which your identity is apparent or can be uncovered. To establish an account and access our Services, we'll ask you to provide us with some important information about yourself. This information is either required by law (e.g. to verify your identity), necessary to provide the requested services, or is relevant for certain specified purposes, described in greater detail below. As we add new features and Services, you may be asked to provide additional information. If you choose not to share certain information with us, we may not be able to serve you as effectively or offer you, our Services. Any information you provide to us that is not required is voluntary.
We may request the following types Personal Data from you:
Personal Identification Information: Full name, date of birth, nationality, gender, signature, utility bills, phone number, home address, and/or email.
Formal Identification Information: Government-issued identity document such as Passport, Driver's License, National Identity Card, State ID Card, Tax ID number, passport number, driver's license details, national identity card details, visa information, and/or any other information deemed necessary to comply with our legal obligations under financial or anti-money laundering laws.
Institutional Information: Employer Identification Number (or comparable number issued by a government), proof of legal formation (e.g. Articles of Incorporation), personal identification information for all material beneficial owners.
Financial Information: Bank account information, payment card primary account number (PAN), transaction history, trading data, and/or tax identification.
Transaction Information: Information about the transactions you make on our Services, such as the name of the recipient, your name, the amount, and/or timestamp.

Generally, we will not collect sensitive information about you unless we are required to do so by law or unless you provide consent. Sensitive information includes information about your race or ethnicity, political opinions, religious beliefs, criminal record, sexual information, and health or biometric information.
Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact IBEX.
Any use of Cookies – or of other tracking tools – by this Application or by IBEX´s of third-party services used by this Application serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available. Cookies are small pieces of information that are sent to your browser and stored on your computer's hard drive. Sometimes they identify users where the website requires information to be retained from one page to the next. This is purely to increase the functionality of the site. Cookies by themselves cannot be used to discover the identity of the user. Cookies do not damage your computer and you can set your browser to not accept cookies or notify you when you receive a cookie so that you can decide if you want to accept it. They allow the website to recognize your computer when you return in the future.
Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to IBEX´s.

2. HOW YOUR PERSONAL DATA IS USED

‍Our primary purpose in requesting Personal Data is to provide you with a secure, smooth, efficient, and customized experience. We generally use Personal Data to create, develop, operate, deliver, and improve our Services, content, and advertising, and for loss prevention and anti-fraud purposes. We may use your Personal Data in the following ways: