Monoova Pay Terms of Use
Acceptance
By using this website (“Site”), and further by registering to use our services (“Digital Asset Services”) and/or our Platform or Materials (each as defined below), you (“User, The User, You or Your”) are agreeing to accept and comply with the terms and conditions of use stated below (“Terms or Terms and Conditions”). Users should read the entire Terms and Conditions carefully before using this Site or any of the Digital Asset Services. As used herein, “We”, “Us”, “Ours”, “Monoova Pay” and “The Company” refers to the company Monoova Pay Pty Ltd (ABN 40 647 888 220) (trading as Bacce Fintech), including without limitation thereby, its owners, directors, investors, employees or other related parties or related bodies corporate. Depending upon context, “The Company” may also refer to the services, products, Site, content or other materials (collectively, “Materials”) provided by The Company. The Digital Asset Services operated by The Company allows buyers and sellers to buy, sell and transfer digital currency and cryptographic tokens (“Digital Asset(s)”)through its online platform (“Platform”). Digital Assets currently offered on the Platform include; Bitcoin (BTC), Ethereum (ETH), Litecoin (LTC), Bitcoin Cash (BCH), and Chainlink (LINK).
Eligibility for Use
Risks
- Unauthorised Access. We have, along with Our authorised third parties, put in place a set of policies, controls and procedures to protect and secure Users’ Digital Assets against unlawful and unauthorised attacks. However, We cannot guarantee Users that its Platform or systems (or that of relevant third parties) will not be accessed by unauthorised parties. Any loss or damage arising from such an event is borne by The User.
- System or Hardware failure. We cannot guarantee Users that its systems or hardware (or those of relevant third parties) might be subject to unexpected failure or service interruptions. Users accept this risk and any loss attached to such an event
- Liquidity risk. Unlike other assets that are backed and supported by central banks and government agencies, Digital Assets are decentralised in nature. There is a risk that liquidity in Digital Assets can vary and there is no guarantee that Users will be able to transact for value or transfer value to pay for goods and services at a specified price and time frame.
- Counterparty risk. We hold Digital Assets on The User’s behalf and only The User holds a beneficial interest in them. There is a risk that We become insolvent or subject to losses which may jeopardise Our ability to deliver to The User some or all of the value of The User’s Digital Assets or repay deposited currency to The User.
- Source code changes and flaws. We do not own or control the underlying software protocol which governs the operation of Digital Assets supported on the Platform. Generally, the underlying protocols are open source and anyone can use, copy, modify and distribute them. We assume no responsibility for the operation of the underlying protocols, and We are not able to guarantee their functionality, security or availability.
Acceptable rights of Use
Users are responsible for maintaining the confidentiality of their Account information, including their password, safeguarding Digital Assets, and for all activity including transactions that are posted to The User’s Account. If The Company reasonably believes there is suspicious activity related to The User’s Account, The Company may, but is not obligated to, request additional information from The User, including authenticating documents, and to freeze any transactions pending The Company’s review. The User is obligated to comply with these requests or accept termination of The User’s Account. The User is required to notify The Company as soon as practicable after it becomes aware of any unauthorised use of The User’s Account or password, or any other breach of security by email addressed to [email protected]. Any User who violates these rules may have their Account and access to the Platform terminated, and thereafter be held liable for losses incurred by The Company or any User of the Site or the Platform.
The User must not use this Site, the Platform or the Digital Asset Services in any way that causes, or may cause, damage to the Site, the Platform or the Digital Asset Services or the business of The Company, including undertaking any act or omission that causes, or may cause, disruption or impairment to the availability or accessibility of the Site, the Platform or the Digital Asset Services. If The User becomes aware, or should reasonably be aware, of any request or demand made of The User to engage in any act or conduct by which The User or a third party gains unfair or undue financial or other advantage, including but not limited to dishonest or corrupt conduct, or any conduct in breach of any anti-corruption law applicable to the Site, the Platform or the Digital Asset Services, then The User must promptly report any such circumstances, act or conduct to The Company in writing by email to [email protected]. The User must not use this Site, the Platform or the Digital Asset Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
Transactions on the Platform
User Acknowledgements
- it will only operate an Account and use the Platform to perform trades of Digital Assets in accordance with these Terms;
- it is duly authorised and has the capacity to provide each instruction and enter into each transaction on the Platform;
- it will comply with all applicable laws of Australia and any other jurisdiction in which or from which it seeks to operate its Account, give instructions or enter transactions;
- all amounts deposited into its Account, whether as Digital Assets or deposited currency, come from legal sources which The User owns or otherwise has full legal authority to deal with;
- its use of the Platform, provision of instructions or entering any transaction does not infringe the rights of any third party or any applicable law;
- it understands that their Account may be frozen at any time at the request of any government authority investigating a fraud or other suspicious activity; and
- it understands that loss of Digital Assets and/or deposited currency held on behalf of Users and data referring to or belonging to Users may occur.
- use the Platform to perform any illegal activity of any sort, including, but not limited to, money laundering, terrorism financing, paying of ransomware, illegal gambling or other criminal activities;
- give any instruction or enter any transaction, or do or undertake any other activity, whether through the Platform, which would or may negatively affect the performance of the Platform or the reputation of The Company.
- do anything that will result in Your or Us breaching any law or regulation;
- use any automated systems or scripts besides those APIs and widgets which are provided as part of the Platform without explicit written approval from The Company;
- interfere with or compromise our Platforn’s integrity or decipher any server transmissions;
- impose an unreasonably large load on our infrastructure;
- upload viruses, worms, or invalid data on to the Platform;
- access the Platform by any means other than those authorised by these Terms, (which includes but is not limited to) virtual private networks (VPNs);
- use the Platform for the purpose of obtaining, processing, distributing, viewing, assessing, analysing, copying or replicating any information, methods or processes related to the Platform (including without limitation by way of data scraping, the use of collection or accumulation tools and robotic or scripted responses);
- reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Platform’s source code, formulas or processes; or
- The User is responsible for any tax liability arising from trading activities and will indemnify The Company where The Company is obliged to pay tax on behalf of The User in respect of The User’s Account or any Digital Asset held, bought or sold by The User.
The Company’s Authority
- process Digital Asset transactions in accordance with the instructions received from The User. The User should verify all transaction information prior to submitting instructions to The Company. The Company does not guarantee the identity of any User, receiver, requestee or other party;
- take any steps that The Company deems reasonably necessary to ensure that the economic value held by any User in their account is maintained or secure;
- hold Digital Assets on The User’s behalf;
- nominate a third party to receive a Digital Asset.
Limitations on the Use of the Platform
- restrict the number of open instructions a User may have on the Platform at any one time;
- restrict the ability of a User to change or cancel a posted instruction at any time;
- periodically define the incremental values for instructions on the Platform; and
- cancel in whole or in part instructions that do not adhere to these limitations.
The Company’s Obligations and Powers
- it will use all reasonable care and skill in facilitating the matching of instructions of The Users via the Platform to facilitate transactions; and
- it will comply with the laws and regulations of Australia.
- the Site or the Platform is free from errors, viruses, worms or other technical anomalies which may cause problems or damage to User’s own computer hardware or software;
- its security systems are without fault; or
- that the Platform will always be available.
Fees and Commissions
Transfers of Currency and Digital Assets
Termination
- attempts to gain unauthorised access to the Site, the Platform or another User’s Account or providing assistance to others’ attempting to do so;
- overcoming software security features limiting use of or protecting any content;
- usage of the Digital Asset Services to perform illegal activities such as money laundering, illegal gambling operations, terrorism financing, or other criminal activities;
- violations of these Terms, where The User has not taken all reasonable steps to remedy such breach within a reasonable timeframe;
- failure to pay or fraudulent payment for transactions;
- unexpected operational difficulties;
- upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by The Company, acting in its sole discretion; or
- abusive behaviour.
Identification & Document Verification Service (DVS)
The Company reserves the right to request identification information (such as driver’s licence, identity card, invoices, government issued photographic identification, utility bills, residential certificate, signed certification of cohabitation, or similar, banking information), in certain cases certified documents may be requested. Requests and instructions may be frozen until the identity check has been considered satisfactory by The Company in accordance with its obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and The Company’s AML/CTF program and policy. The Company’s AML/CTF Policy can be located on our Site at the following address: http://52.62.255.216/privacy-policy/
APIs and Widgets
Privacy
Any personal information of The User collected, used, stored or handled by The Company will be in accordance with Our privacy policy, which is available on our Site at the following address: http://52.62.255.216/privacy-policy/
No advice provided
Liability and Indemnity
- any breach by The User of these Terms or relevant laws or regulations;
- any breach by The User of intellectual property rights held by The Company;
- any information provided by The User not being correct, accurate or up-to-date;
- any damage caused by The User to the Site, Platform, Digital Asset Services or to any other User on the Platform;
- any failure by The User to maintain sufficient deposited currency or Digital Assets in its Account or otherwise for failing to meet its obligations under these Terms.
- the total amount in The User’s Account making a claim at the date the last of the transactions the subject of the claim occurred, less any amount of Commission that may be due and payable to The Company in respect of such Account; or
- 100% of the value of the transaction(s) that are subject of the claim, less any amount of Commission that may be due and payable to The Company in respect of such transaction(s).
Website and Social Media Commentary
Forked Blockchains
Miscellaneous
Modification of Terms
The Company may revise these Terms at any time by amending this Site. The Company will endeavour to (but does not guarantee that it will) notify The User in advance through The User’s Account and associated email address, and in any event any revised terms are effective on and from the date that is 30 days after the relevant revised terms are disclosed on the Site. It is The User’s responsibility to ensure it is always aware of the most recent up-to-date Terms. By continuing to access this Site, the Platform or the Digital Asset Services once the revised terms have become effective, The User agrees to be bound by the revised terms. In the event that The User does not agree to the revised terms, or reasonably believes the revised terms are, or are likely to be, materially detrimental to them, The User must not access this Site, the Platform or the Digital Asset Services and should contact The Company at the following email address to close their Account: [email protected]. Notwithstanding any of the foregoing, The Company may amend the Terms at any time with immediate effect by publishing the same to the Site if required to do so in order to comply with any applicable law or regulatory requirement.
Intellectual Property
Correction of errors
Force Majeure
Complaints and disputes
If you have any complaints about Digital Services or our Platform, or any dealings you have with The Company, please contact The Company using the following details: [email protected]. The Company will consider your complaint without prejudice based on the information you have provided, and any information provided by relevant third parties.