Terms and Conditions

These Terms of Use are effective as of 1 May 2020

 

PLEASE READ THESE TERMS OF USE CAREFULLY. 

These Terms of Use cover important information about the Website.  In particular, they include information about future changes to the Terms of Use and Website (refer to Clause 5), and limitations of liability (refer to Clause 4.1).  The following additional terms may also apply to you:

These terms of use and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time (together, the "Terms of Use") apply to your use of the MonetaGo website.

These Terms of Use are entered into by and between you as a user (referred to as "User", "you" or "your") and MonetaGo. and its affiliates (referred to as "MonetaGo", "we", "us" or "our"), and  supersede and replace any terms and conditions of services that you may have previously agreed with MonetaGo in connection with the Website. 

Your access to and use of the Website constitutes your agreement to be bound by these Terms of Use.  The offering of the Website to you is conditional on your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Website. 

For more details about MonetaGo's privacy practices, please refer to our Privacy Policy available on our webstie 

1.              USE OF THE WEBSITE

1.1           By using the Website, you confirm that you will not use the Website for any of the following:

(a)            Unlawful Activity – any activity that: (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which MonetaGo or the User are bound in any jurisdiction applicable to the access and use of the Website ("Applicable Laws").

(b)           Unauthorised Use – any activity that: (i) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the Website; (ii) introduces to the Website any malware, virus, trojan horse, worms, logic bombs or any other programme that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorised access, whether through password mining or otherwise, to computing systems or networks connected to the Website; (iv) undermines the security or integrity of the computing systems or networks on which the Website is hosted; or (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Website or the computer programs used to deliver the Website.

(c)            Abusive Acts – any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; or (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person.

(d)           Fraud – any act that: (i) attempts to defraud MonetaGo or any other person; or (ii) provides false, inaccurate or misleading information to MonetaGo.

2.              AVAILABILITY OF SERVICES, SECURITY

2.1           MonetaGo shall make reasonable efforts to ensure that the Website is available to you. However, access to the Website may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of MonetaGo's control.  MonetaGo will use commercially reasonable efforts to avoid downtime of the Website, but assumes no liability if the Website or any part thereof is unavailable at any time or for any period.

2.2           You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.

 

2.3           You acknowledge and agree that MonetaGo shall not have any liability or be responsible in any way for: (a) your use of the internet to connect to the Website or any technical problems, system failures or security breaches; (b) the hardware that you use to access the Website (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Website that is stored on your own hardware; or (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the Website. 

2.4           You must immediately notify MonetaGo in the event that you become aware of any part of the Website malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Website.

3.              INTELLECTUAL PROPERTY, USE LICENCE

3.1           MonetaGo's ownership of the Website

All of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, "Intellectual Property Rights") in the Website and the material published on and through it are owned by MonetaGo or its licensors and are protected by Applicable Laws.  You may not engage in any activity on or through the Website that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights.

3.2           User's licence to use Website.

You are not granted any right to use, and may not use, any of MonetaGo's Intellectual Property Rights other than as set out in these Terms of Use and subject to the following conditions: 

(a)            you are granted a limited, personal, non-transferable, non-sublicensable and revocable license to access and use the Website (or any part of it or its contents) for your own personal use and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Website (or any part of it or its content) in any way for non-personal, public or commercial use without prior written consent from MonetaGo;

(b)           you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Website; and

(c)            you may not use any data mining, robots or similar data-gathering or extraction methods.

MonetaGo reserves the right to monitor your use of the Website and to alter or revoke your license or your access to the Website at any time and for any reason. 

4.              LIMITATIONS OF LIABILITY, DISCLAIMER, INDEMNITY

4.1           Limitation of Liability

(a)            Nothing in these Terms of Use shall exclude or restrict either party's liability for: (a) death or personal injury resulting from the negligence of MonetaGo or its Associated Parties (as defined in Clause 4.1(b)below); (b) fraud or fraudulent misrepresentation; (c) any other matter that cannot be excluded or limited under Applicable Laws; or (d) the indemnities set out in Clause 4.3.

(b)           Subject to the foregoing, to the maximum extent permitted by Applicable Laws:

(i)             in no event shall MonetaGo, its affiliates and its and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, "Associated Parties") be liable for any:

(A)          indirect or consequential loss; or 

(B)          loss of profit, business opportunity, anticipated savings, revenue or goodwill, 

in each case, whether arising from breach of contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with authorised or unauthorised use of the Website, or these Terms of Use; and 

(ii)           MonetaGo and the Associated Parties' aggregate liability in contract, tort, or otherwise (including any liability for any negligent act or omission) howsoever arising out of, or in connection with, the performance of its obligations under these Terms of Use in respect of any one or more incidents or occurrences shall be limited to the value of $[insert] SGD. 

4.2           Disclaimers

(a)            To the maximum extent permitted under Applicable Laws, the Website and any product, service or other item provided by or on behalf of MonetaGo are provided on an "as is" and "as available" basis and MonetaGo expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or warranties arising from course of performance, course of dealing or usage in trade.  Without limiting the foregoing, MonetaGo does not represent or warrant that the Website is accurate, complete, reliable, current or error-free, or free of viruses or other harmful components.

1.      To the maximum extent permitted under Applicable Laws, MonetaGo is not responsible or liable for any loss or damage of any sort incurred that result from your use of, or inability to use, the features of the Website. 

4.3           Indemnification

To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand MonetaGo and the Associated Parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable attorneys' fees, in any way arising out of, in relation to or in connection with directly or indirectly: 

(a)            your use of, or conduct in connection with, the Website; 

(b)           your breach of these Terms of Use or any other policy; 

(c)            your violation of any Applicable Laws or the rights of any other person or entity. 

You will provide MonetaGo and the Associated Parties with any assistance that MonetaGo and the Associated Parties reasonably requests in defending any such action or proceeding.

5.              CHANGES AND UPDATES TO THE WEBSITE, TERMS OF USE

MonetaGo may terminate or modify any feature or part of the Website at any time without notice.  MonetaGo may also revise and update these Terms of Use at any time in its sole discretion by posting an updated Terms of Use on the Website.  All such changes to the Terms of Use are effective immediately when posted to the Website and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of such revised Terms of Use constitutes your acceptance and agreement to the changes which are binding on you.

6.              COMPLAINTS, GOVERNING LAW AND DISPUTE RESOLUTION

6.1           If you have any questions, feedback or complaints, please contact MonetaGo at the following email address: hello@monetago.com

6.2           These Terms of Use and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of Singapore.

6.3           If you are a consumer for the purposes of the laws of the country of which you are resident, you may benefit from any mandatory provisions of such laws.  Nothing in these Terms of Use, including this Clause 6, affects your rights as a consumer to rely on such mandatory provisions of law. 

7.              GENERAL

7.1           FORCE MAJEURE EVENT

A "Force Majeure Event" means any event beyond MonetaGo's reasonable control, including flood, extraordinary weather conditions or earthquake, pandemic, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction.

If a Force Majeure Event occurs that affects MonetaGo's ability to perform its obligations under these Terms of Use, MonetaGo will contact you as soon as reasonably possible to notify you and MonetaGo's obligations under these Terms of Use will be suspended and the time of performance of our obligations will be extended for the duration of the Force Majeure Event.

7.2           Data Privacy

We will only use your personal information as set out in MonetaGo's Privacy Policy (as amended from time to time)

7.3           Transfers

MonetaGo may transfer its rights and obligations under these Terms of Use to another entity, but this will not affect your rights or MonetaGo's obligations under these Terms of Use.  You may not transfer your rights and obligations under these Terms of Use to another person.

7.4           Validity

If any provision of these Terms of Use is deemed unlawful, void or unenforceable, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.

7.5           Waiver

No waiver of any provision hereof shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

7.6           Relationship of the parties

Nothing in the Terms of Use: (a) is intended to, nor shall create or be deemed to create, any partnership, joint venture, agency, consultancy or trusteeship, or (b) shall give rise to any fiduciary or equitable duties owed by MonetaGo to you.

7.7           Third party rights

A person who is not a party to these Terms of Use has no right whether by applicable statute or otherwise to enforce any term of these Terms of Use.

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