This is a Customer Agreement (“Agreement”) between Moneta, a company incorporated in 2022 and organized under the laws of the Cayman Islands under company registration number BC-2289942, its successors and assigns, and the individual entity executing this Agreement (“Holder”). By completing the on-line Open Live Account Application (“Application”), the Holder agrees that the terms set out in this Agreement (as amended by Monetaforge from time to time) govern the terms of all of Holders’s dealings with Monetaforge and Monetaforge “Services”.
In consideration of Monetaforge agreeing to collect the KYC information of the Holder and providing services to Holder, Client agrees as follows:
1. Holder warrants to Monetaforge that: Client is of sound mind, legal age and legal competence; and no person other than Holder has or will have an interest in Client’s account(s); and, Client hereby warrants that regardless of any subsequent determination to the contrary. If the Client is a company, the person who has completed the Customer Account Application on the Client’s behalf is duly authorized to do so, and, all the information provided in the Application is true, correct and complete as of the date hereof and Client will promptly notify Moneta of any changes in such information; and, all information provided by Client to Moneta subsequent to completing the Application form will when given be true, correct and complete as of the date it is given and Client will promptly notify Moneta of any changes in such information; and, the individual entity who completed the Application is authorized to so complete the Application on behalf the Client and is entitled to and does bind Client; and, Client has read and understood all of the terms set out in this Agreement and irrevocably agrees to be bound by them. Client confirms that he/she has read and understood the existing Terms and Conditions (with Terms of Use), Privacy Policy and Risk Disclosure Statement. The Client is personally responsible to ensure that the agreement material is the latest updated.
Terms of Use, together with the full Customer Account Application, Risk Disclosure Statement, Privacy Policy and all applicable written Addenda thereto, embodies the entire agreement of the parties (“Operative Agreements”), superseding any and all prior written and oral agreements. By completing the on-line Open Live Account Application, registering as a client and using the Moneta Services, the user agrees to comply with the then valid Operative Agreements. Moneta may, from time to time, make changes to the Terms Of Use so the user should regularly acquaint themselves with these conditions. If you do not accept these terms, we encourage you not to use these Services.
If any term of the Operative Agreements (or any part of any term) shall be held by a court of competent jurisdiction to be unenforceable for any reason then such term shall, to that extent, be deemed severable, but the enforceability of the remainder of Operative Agreements shall not be affected.
2. Responsibility for the content of the Moneta Services
Moneta is responsible for the legality of the content and that it is provided in accordance with good practice, in addition to requirements related to copyrights and other intellectual property rights.
The general information, guidance or advice provided by the Moneta Services are not intended to be a legal, commercial, or similarly Moneta -binding source of information, guidance or advice, and should not be relied upon by the user. On this basis, demands cannot be presented to Moneta. Moneta accepts no responsibility for any damages caused to the user through the use of incorrect, incomplete or ambiguous data.
Moneta is responsible for the services and their accuracy, quality and the functioning of related data in accordance with the applied mandatory legislation.
3. Use of Website
Client acknowledges that whilst Moneta will use reasonable endeavors to ensure all information on its website is accurate, Moneta makes no warranties or representations that the website content is accurate or correct or up to date and any reliance on the information by Client is at Client’s own risk. Client acknowledges that Moneta recommends that Client obtains its own professional legal and financial representation. This website is operated by Moneta, Camana Bay, Grand Cayman, KY1-9006, Cayman Islands.
4. Email Marketing
Client consents to Moneta sending out emails with details of marketing material which Moneta believes may be of interest to Client. Client consents to receiving these emails. Client can unsubscribe from these emails at any time.
5. Transfer of Customership
Client agrees that Moneta may transfer Customership to a third party at its sole discretion. Unless otherwise notified, following transfer, Client shall be a client of the third party with the same contractual conditions as Client had with Moneta.
6. Data security and Confidentiality
Client agrees and acknowledges that Client is the exclusive owner and solely responsible, joint and severally if applicable, for the confidentiality and protection of Client’s account number(s) and password(s). Client further agrees that Client will be fully responsible for all activities that arise from the use of Client’s account number(s) and password(s). Client agrees to indemnify and hold Moneta harmless from: if any other person utilizing Client’s confidential information provides instructions to Moneta that may be contrary to Client’s instructions. Client will immediately notify Moneta in writing or by e-mail of any loss, theft or unauthorized use of Client’s account number(s) and/or password(s). Client accepts that the data networks and the services which are provided through them are not completely safe, and that the user is responsible for the proper handling of the information and security of their own information systems. The user is also responsible for the equipment required to use the Services, the acquisition and operational condition of the links and software and to ensure that they do not cause damage or disruption to Moneta or a third party.
7. No guarantees
The Services of Moneta are provided “as is” and Moneta disclaims any express or implied guarantees. All utilization of the Services takes place at the sole risk of the user.
The user is solely responsible for damages arising from the information system or loss of data resulting from downloading the content (including viruses and malware) of the service. No advice or information, written or verbal, which the user may receive from Moneta or through the service shall create any legally binding counsel or guarantee unless otherwise expressly stated in these Terms of Use.
Moneta does not guarantee that:
- the Services or the material received through the Services corresponds to the user’s expectations,
- the Services are available uninterrupted or timely, reliably or flawlessly,
- the accuracy and quality of the information which the user has received through the Services, is error-free, or otherwise meets the expectations of the user.
8. Limitation of liability
Moneta (including its possible service providers) is not responsible for any incidental or consequential damages, including delays, damages caused by unused service possibilities, loss of income, goodwill, user rights, or data or other economic losses, resulting from: use of the services or because these could not be used, costs arising from acquiring a substitute service, data or information received through the services or a message which has been received through the services, unlawful data transmissions or unlawful alterations to these, or other conditions connected to the services. Further, Moneta will not be liable for any loss or expense incurred by the client in connection with, or directly or indirectly arising from any failure by the company to perform any of its obligations as a result of a cause beyond its control; or the acts, commissions or negligence of any third party.
9. Force majeure
A force majeure releases Moneta from any such obligations connected to its services, in so far as events prevent the functioning of its service or parts thereof or causes undue harm to it. Such events considered to be a force majeure are fires, earthquakes, floods, explosions, strikes and other cessations of work, the orders of officials, disturbances concerning the supply of energy, shortages of raw materials or equipment, war, civil unrest, externally caused by external sources resultant cable or data communication disturbances or other such reasons which were not previously known and for which prior preparation was not possible.
Moneta will inform users through written notification of the onset, estimated duration and cessation of the above-mentioned circumstances as soon as possible after the event has occurred, in so far as an announcement is possible. Written notification shall be understood as e-mail, mail or announcement on Moneta’s website.
10. Governing Law and Jurisdiction
This Agreement, the rights and obligations of the parties hereto, and any judicial or administrative action or proceeding arising directly or indirectly hereunder or in connection with the transactions contemplated hereby, whether brought by Client or Moneta, shall be governed by, construed and enforced in all respects by the laws of the Cayman Islands and the parties submit to the exclusive jurisdiction of the Cayman Islands courts.
11. Termination
The Client may terminate and close the Account(s) with immediate effect by giving Written Notice to Moneta. Accordingly, Moneta may terminate and close the Account(s) with immediate effect by giving Written Notice to the Client.
12. The validity and changes to the Terms and Conditions and Terms of Use
Moneta may change these Terms of use at any time and without prior notice. Moneta will attempt to inform users of changes to these Terms Of Use in connection with the Services. Changes to the Terms Of Use will take effect at a time indicated by Moneta. By using the Services or by express recognition, the user accepts any and all changes as binding. If the user does not accept any change to the Terms Of Use then they must cease use of the Services immediately.
If you have any questions, feel free to contact us at info@moneta.ky