Terms & Conditions

The following document outlines the terms of use of the Banky app.

Acceptance Of Terms

The Banky iOS app ("App"), web pages available at Ban.ky, all linked pages ("Site"), are owned and operated by Jadehopper Ltd. ("Jadehopper") a Cayman Islands company and is accessed by you under the Terms of Use described below ("Terms").

Please read these terms carefully before using the services. By using the App or accessing the Site you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the App and Site. If you disagree with any part of the terms then you may not use the App nor access the Site.

Description Of Service

The App is an iOS app which enables customers of Butterfield Bank (Cayman) Limited online banking users to check their bank balance and recent transactions.

Your access to and use of the App or Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the App or Site or any other reason within or outside the control of Jadehopper. Jadehopper reserves the right to suspend or discontinue the availability of the App and/or Site at any time at its sole discretion and without prior notice.

Release And Indemnity

You hereby expressly and irrevocably release and forever discharge Jadehopper, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the App and/or Site.

You hereby agree to indemnify and hold harmless Jadehopper, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) the use of the App, by you or any person using your mobile device, or (iii) any violation of any rights of a third party.

Limitation Of Liability

In no event shall Jadehopper be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the App or the Site (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) To provide substitute goods or services (however arising), or (iii) for any direct damages in Excess of (in the aggregate) $50.

Trademarks

Banky, ban.ky and other Banky graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Jadehopper. Jadehopper's trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Jadehopper.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Jadehopper in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Jadehopper shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Jadehopper's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Jadehopper may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of the Cayman Islands, as if made within the Cayman Islands between two residents thereof, and the parties submit to the exclusive jurisdiction of Cayman Islands courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.