- Eligibility And Agreement
- Anti-Money Laundering (AML) Regulations
- Registration Requirements
- The Moneta Services
- Your Responsibilities
- Availability Of Services
- Deposit, Buying/Selling Cryptocurrencies and Withdrawal
- Finality And Irrevocability
- No Refund For Purchased Digital Currencies
- Cancellation Of Transactions
- Risks And Price Volatility
- Prohibited Activities
- Force Majeure
- Limitation Of Liability
- Confidentiality And Data Protection
- Record Keeping
- Complaints And Disputes
- Dispute Resolution, Place Of Jurisdiction And Governing Law
- Statement Of Entire Agreement
- Changes To The Terms
- Communications And Written Notices
- Contact Us
1. Eligibility And Agreement
Participation in Moneta is open to all who want to trade in digital currencies listed with Moneta. You must ensure that you use and access Moneta only in your own name and for your own account.
In case that you are acting as a legal entity, you must ensure that you:
- use and access Moneta on behalf of the legal entity; and
- that you are authorized to enter into transactions on behalf of the legal entity.
If illegitimate use of the service is suspected, Moneta may at any time, without prior notice, suspend the login and / or password of any authorized Client, or take other measures to block actions in the Client's account. To use Moneta Services, you must comply with the following eligibility criteria.
2. Anti-Money Laundering (AML) Regulations
In order to be allowed to use the Moneta Services, you acknowledge and agree that the Company will perform all necessary checks in accordance to the AML Regulations, in particular, but not limited to Know Your Customer (KYC) checks. The procedures set out in our AML & KYC Policy will apply.
3. Registration Requirements
You agree that the information you provide to Moneta during the account opening and any subsequent identity verification processes is accurate and complete, and will be updated as necessary to keep it so.
Only the registered account holders shall use the services of Moneta.
Users under 18 years old are not authorised to use Moneta Services.
The approval of accounts opening is at the sole discretion of Moneta.
Additionally, Moneta reserves the right to suspend accounts either temporarily or permanently, including where required or recommended by applicable governmental, regulatory or law enforcement requirements or where you fail to provide sufficient information to verify your identity.
4. The Moneta Services
Moneta provides its Clients with the service of exchanging of digital currencies (cryptocurrencies). The сlient account can be accessed at https://moneta.trade or by the use of the Moneta mobile app. The purpose of the сlient account is buying/selling digital currencies at a spot rate. In the client account the user can buy or sell digital currencies by using a national currency or various digital currencies as the payment option for buying and selling.
The price for the Moneta Services is published on the Company’s website.
6. Your Responsibilities
You are responsible for ensuring that your personal information in your account profile is updated and correct, as well as the KYC data provided. You are also responsible for maintaining adequate security, control and confidentiality of your device access, your account information, including any personal identification numbers (PINs), passwords or other codes associated with your account and any activity occurring within that account. The loss or compromise of this information may result in unauthorized access to your account, which may result in loss or theft of any fiat funds or currencies in digital currencies held in your account.
Please contact us at firstname.lastname@example.org in case you have experienced problems with regards to the operation of your account, you need to report a security incident, or you believe your account has been compromised, or you need to report a security incident, or you have experienced any operational problems, or you have a security concern.
You must describe the issue including the date, type of problem and part of the Moneta site or Moneta Services where you experienced that problem. You are responsible for (i) immediately notifying us of any unauthorized use of your password or account or any other breach of security, and (ii) ensuring that you log out from your account at the end of each session when accessing the Moneta Services. We have no responsibility for any loss that you suffer as a result of failing to comply with this section or failure to follow or act on any notices or alerts that we may send to you.
7. Availability Of Services
Moneta will provide its service on a mobile application, a web application, communication tools and an API interface. You will provide the requirements to use these instruments. Moneta is not liable for the functionality of any other systems than the ones which it provides. Subject to these Terms, Moneta shall use reasonable efforts to make available, operate and maintain the Moneta Services during the term of these Terms and to permit you to access and use the Moneta Services in accordance with these Terms. Moneta shall use all reasonable efforts to promptly notify you of any difficulties experienced by us or other participants with respect to their access to or the use of the Moneta Services, but only to the extent that Moneta is aware of such difficulties and reasonably determines that they are material to your access and use of the Moneta Services.
Similarly, you shall notify Moneta in case you become aware of any material technical failures of or difficulties with the Moneta Services or upon becoming aware of any material breach (or any event which, by giving notice and/ or the lapse of time, would constitute a material breach) of these Terms. Our Services may evolve over time. This means we may apply changes, replace, or discontinue (temporarily or permanently) our Services at any time for any reasonable cause with two days’ notice or without notice in case of a Force Majeure. In this case, you may be prevented from accessing or using our Services. If, in our sole discretion, we decide to permanently discontinue our Services, we will provide you with a notice via our website and via e-mail.
8. Deposit, Buying/Selling Cryptocurrencies and Withdrawal
In the event that you are accepted by Moneta as its participant, Moneta will open a Client Account for you, which will be activated upon completion of KYC procedures as set out in our AML & KYC Policy. You may deposit funds into your activated Client Account at any time during the duration of contractual relationship established by these Terms. Funds as means of payment for fiat and digital currencies will be accepted via bank transfer, debit/ credit card, digital currency transfer or any other method of electronic money transfer (where the originator is you) acceptable by Moneta from time to time.
If you make a payment by bank transfer, Moneta shall credit your Client Account with the relevant amount within one business day after the amount is credited to the bank account of Moneta. Payment by debit/ credit card is expected to be credited immediately if the transaction is successful.
Moneta will not accept third party or anonymous payments in favour of your account. To buy or sell digital currencies in the client's account interface of Moneta, simply click on the "Exchange" tab of our trading web interface or mobile app. You will be taken through a process that specifies and confirms the buy or sell order. Moneta's settlement process is based on public blockchains operated by a decentralized network of independent third parties. You acknowledge, agree and accept that a transaction on Moneta may not be completed, or may be substantially delayed, by the network.
Moneta will perform withdrawals of your funds, upon an application for withdrawal made in your client account in Moneta. Upon Moneta receiving an instruction from you to withdraw funds from your Account, Moneta shall pay the said amount within five Business Days, if the following requirements are met:
- The withdrawal instruction includes all necessary information;
- The instruction is to make a bank transfer to your bank card/ bank account or digital currency to your blockchain address; and
- At the moment of payment, your Client Account balance exceeds or is equal to the amount specified in the withdrawal instruction including all payment charges.
Withdrawals will only be executed by crediting your personal bank card/ bank account. Moneta will not effect withdrawals by transferring the funds to any other third party or to an anonymous account. Moneta reserves the right to decline a withdrawal request when you ask for a specific transfer method and Moneta has the right to suggest an alternative. All payment and transfer charges will be borne by you and Moneta is entitled to debit your Client Account for these charges.
9. Finality And Irrevocability
Any transaction is only final when settled on the blockchain. Trades can be revoked by either you or Moneta unless commitment transactions are signed and sent to the blockchain.
10. No Refund For Purchased Digital Currencies
After purchase of digital currencies and confirmation of the transaction on the blockchain network, the procedure of refund to a bank card / bank account is not possible because the sale of a digital currency is final and you hereby agree that you will not be entitled to request a refund in any case. Prior to buying a digital currency, you can withdraw available funds in fiat currency from your client account to your bank card or bank account using the standard withdrawal function.
11. Cancellation Of Transactions
Moneta shall, in its discretion, elect to avoid any transaction, rendering the transaction void ab initio, where:
- your admission as a participant has been suspended by Moneta;
- the listing of the currencies in respect of which a transaction is instructed has been suspended;
- Moneta determines at its discretion that incomplete, or conflicting details have been submitted by you, or any third parties in relation to a transaction;
- the transaction results or appears to result from a communication or information technology error or problem;
- the transaction is or appears in the sole discretion of Moneta to be tainted by or connected with fraud, illegality, insider dealing, market abuse, money laundering or any other breach of applicable laws and regulations or contractual arrangements;
- the transaction is or appears to be a result of an event of Force Majeure;
- the transaction is one which any governmental authority, requires or requests that Moneta treat as void and Moneta considers, in its discretion, that compliance with such a request would be appropriate;
- Moneta shall not incur any liability as a result of losses sustained by you by reason of such cancellation.
12. Risks And Price Volatility
You understand and accept the risks in connection with trading digital currencies on Moneta and using the Services as set forth above and hereinafter. In particular, but not limited to, you understand the inherent risks listed hereinafter:
- Risk of software weaknesses: You understand and accept that the underlying public blockchain software application and software platform is still in an early development stage and unproven, why there is no warranty that the Services will be uninterrupted or error-free and why there is an inherent risk that the software could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of funds.
- Regulatory risk: You understand and accept that the blockchain technology allows new forms of interaction and that it is possible that certain jurisdictions will apply existing regulations on, or introduce new regulations addressing, blockchain technology-based applications, which may be contrary to the current setup of Moneta and which may, inter alia, result in substantial modifications of the Moneta Services, including their termination.
- Risk of theft: You understand and accept that the underlying software application and software platform (i.e. the Bitcoin and Ethereum blockchain) may be exposed to attacks by hackers or other individuals that could result in theft or loss of funds.
- Risk of mining attacks: You understand and accept that the blockchain used for the digital currencies traded at Moneta is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, "selfish-mining" attacks, and race condition attacks. Any successful attacks may result in sudden changes of exchange rates at Moneta and present a risk of loss to you. Moneta cannot and does not guarantee that your trading transactions will be profitable. You acknowledge and agree that the transactions may be highly volatile (i.e., high volatility may occur during important news events, economic surprises, etc) and that buying and selling digital currencies involves the risk of acquiring rights against an issuer who might not be creditworthy.
13. Prohibited Activities
You agree that you will not use the Moneta Services to perform any type or sort of illegal activity or to take any action that negatively affects the performances of the Moneta Services.
You may not engage via the Services in any of the following activities, nor help a third party in any such activity to:
- attempt to gain unauthorized access to our Services or another user’s account,
- make any attempt to bypass or circumvent any security features,
- violate any law, statute, ordinance, or regulation,
- reproduce, duplicate, copy, sell or resell our Services for any purpose,
- engage in any activity that is abusive or interferes with or disrupts our Services.
If you are blocked by Moneta from accessing the Moneta Services, you agree not to implement any measures to circumvent such blocking. Use of our Services in connection with any transaction involving illegal products or services is prohibited. Moneta compliance service implements regular checks on the traces of transactions to discourage the use of funds of dubious origin, including Ponzi schemes, etc. Moneta reserves the right to temporarily or permanently suspend your account or otherwise restrict your use of the Moneta Services if any violation of this section occurs. Additionally, in case of a participant’s violation, Moneta reserves its legal rights.
Each of the following constitutes an “Event of Default”:
- Your failure to perform any obligation due to Moneta;
- Where any representation or warranty made by you is or becomes untrue;
- You are unable to pay your debts (if any arise) when they fall due;
- Your death (if the participant is an individual) or you are declared absent or become of unsound mind;
- Any other circumstance where Moneta reasonably believes that it is necessary or desirable to take any action set out in the below paragraph;
- You are performing a prohibited activity, you involve Moneta in any type of fraud or illegality and if Moneta suspects that you are engaged into money laundering activities or terrorist financing or other criminal activities;
- Commencement of proceedings or investigations against you by a governmental authority, including but not limited to the request for an action set out in the below paragraph by a competent governmental authority or body or court;
- In cases of material violation by you of the requirements established by any applicable laws, such materiality determined in good faith by Moneta;
- Any other situation where it would not be in the best interest of Moneta that you continue to be a participant;
If an Event of Default occurs, Moneta may at its absolute discretion, at any time and without prior notice, take one or more of the following actions:
- Terminate these Terms without notice;
- Debit your account(s) for the amounts which are due to Moneta (if any);
- Close any or all of your accounts held with Moneta;
- Combine your accounts, consolidate the balances in such participant accounts and to set off those balances;
- Refuse to open new accounts for you.
15. Force Majeure
A Force Majeure Event includes without limitation each of the following:
- Government actions, the outbreak of war or hostilities, the threat of war, acts of terrorism, national emergency, riot, civil disturbance, sabotage, requisition, or any other international calamity, economic or political crisis;
- Act of God, earthquake, tsunami, hurricane, typhoon, accident, storm, flood, fire, epidemic or other natural disasters;
- Labour disputes and lock-out;
- Breakdown, failure or malfunction of any electronic, network and communication lines (not due to the fault of Moneta);
- Any event, act or circumstances not reasonably within Moneta’s control and the effect of that event(s) is such that Moneta is not in a position to take any reasonable action to cure the default.
You agree to indemnify, defend and hold Moneta, its employees, agents, consultants, subsidiaries, partners, affiliates, and licensors, harmless against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals) arising from or in any way related to your use of our Services, your violation of these Terms, or your violation of any rights of any other person or entity.
17. Limitation Of Liability
18. Confidentiality And Data Protection
Each of Moneta and you herein acknowledge and agree that the other party will receive or have access to Confidential Information. You and Moneta undertake in respect of Confidential Information of which they are the recipient:
- to treat such information as confidential;
- not, without the Disclosing Party’s prior written consent, which is not to be unreasonably withheld, to communicate or disclose any part of such information to any person except to:
- those of its Representatives, on a need to know basis who are directly involved in using or providing or facilitating the provision or use of the Services; or
- the recipient's auditors, professional advisors and any other persons or bodies having a legal right or duty to have access to, or knowledge of the Confidential Information in connection with the business of the recipient;
- to ensure that all recipients mentioned in paragraph (b) above are made aware, prior to disclosure, of the confidential nature of the Confidential Information and that they owe a duty of confidence to the disclosing party and to ensure that such recipients comply with this paragraph (Confidentiality); and
- not to use or circulate such information within its own organization except to the extent necessary for the purposes of, and in compliance with the restrictions in this paragraph.
The obligations in this Paragraph will not apply to any Confidential Information which is:
- in the recipient’s possession (with full right to disclose) before receiving it; or
- becomes public knowledge other than by breach of this paragraph; or
- independently developed by the recipient without access to or use of the Confidential Information; or
- lawfully received from a third party (with full right to disclose); or
- trade data and which has to be disclosed to governmental authorities according to applicable laws; or
- it is considered as publicly available market data.
19. Record Keeping
Moneta will keep records containing your personal data, trading information, account opening documents, communications and anything else which relates to you in accordance with applicable laws, at least for five years after termination of these Terms.
21. Complaints And Disputes
In the event that an alleged breach, controversy, claim, dispute or difference arises between you and Moneta out of or in connection with these Terms (including but not limited to the validity, performance, breach or termination thereof), the Parties shall seek to resolve the matter by negotiation by referring the matter first to:
- any member of your executive management in case of legal persons, or you personally if you are acting as a natural person
- in the case of Moneta, to the Moneta Customer Support Department
- if you wish to report an error or a Dispute, you must send an email to Moneta’s Customer Support Department at email@example.com
The Following information will need to be included:
- your name and surname;
- Client Account number;
- detailed inquiry description;
- the date and time that the issue arose.
If you receive a response from the Customer Support Department but deems that the matter needs to be addressed further, you may ask the Customer Department to forward it to the Compliance Department. Both the Customer Support Department and the Compliance Department shall:
- send an initial email confirming the receipt of your complaint,
- send an official response to you within 14 Business Days respectively;
- try to resolve the matter as soon as reasonably possible;
- inform you of the outcome.
Additionally, you must inform Moneta about any trading error within 24 hours from the error time. Otherwise, Moneta will not be able to investigate the error. Any trading error coming from Moneta will be amended where possible. If a situation arises which is not expressly covered by these Terms, the parties agree to try to resolve the matter on the basis of good faith and fairness and by taking such action as is consistent with market practice.
22. Dispute Resolution, Place Of Jurisdiction And Governing Law
These Terms and the contractual documents shall exclusively be governed by and construed in accordance with the substantive laws of The United Kingdom. In the event that the Parties are unable to resolve a Dispute then the Parties hereby irrevocably submit such Dispute to the exclusive jurisdiction of the courts of The United Kingdom.
You bear the sole responsibility to determine if your use of the Services, and/ or any other action or transaction related to your digital currencies on Moneta have tax implications for you. By using the Services, and to the extent permitted by law, you agree not to hold any third party (including Moneta) liable for any tax liability associated with or arising from the operation of the Services or any other action or transaction related to Moneta.
24. Statement Of Entire Agreement
These Terms, together with any other agreements that apply to you constitute the entire and exclusive agreement between us and you regarding its subject matter, and supersede and replace any previous or contemporaneous written or oral contract, warranty, representation or understanding regarding its subject matter.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable or illegal or contravening any rule, regulation or law of any Market or regulator, that part will be deemed to have been excluded from these Terms from the beginning, and these Terms will be interpreted and enforced as though the provision had never been included and the legality or enforceability of the remaining provisions of the Terms or the legality, validity or enforceability of this provision in accordance with the law and/ or regulation of any other jurisdiction, shall not be affected but should remain in full force and effect.
26. Changes To The Terms
The Terms of the present User Agreement may change from time to time, including but not limited to cases of changes in our Services, in technology, in regulation and for any other case that the Company deems as appropriate to take measures. In case of a change, we will provide you notice of such change by e-mail and by posting the updated Terms on our website and changing the "Last Updated" date above. Any amended Terms shall become effective not earlier than 14 days after they are posted and shall apply prospectively to the use of the Services upon the effectiveness of such changes. However, in case the changes address new functions of Moneta Services or they are made for any legal reasons, they shall be of immediate effect. Upon effectiveness of the change as described above, the change of Terms shall be considered as accepted by you in case you continue using the Services. Therefore, in case you do not agree to any amended Term, you must immediately cease using the Services.
27. Communications And Written Notices
Unless the contrary is specifically provided in these Terms, any notice, instruction, request or other communication to be given to Moneta by the participant under these Terms shall be in writing and shall be sent to Moneta’s address below (or to any other address which Moneta may from time to time specify to the participant for this purpose), by email, post if posted in, or airmail if posted outside, or commercial courier service and shall be deemed delivered only when actually received by Moneta Trade UK Ltd at: 11, Blackheath Village, London, SE3 9LA, United Kingdom.
Any communications sent are deemed received:
- If sent by email, within one hour after emailing it;
- If sent by Moneta’s online system internal mail or support chat, immediately after sending it, if posted on Moneta's Web page, within one hour after it has been posted;
- If sent by telephone, once the telephone conversation has been finished;
- If sent by post, seven calendar days after posting it;
- If sent via commercial courier service, at the date of signing of the document on receipt of such notice;
- If sent by airmail, eight Business Days after the date of their dispatch;
In order to communicate with the client, Moneta will use the contact details provided by the client whilst opening the Client Account or as updated later on. Hence, the client has an obligation to notify Moneta immediately of any change in the client’s contact details.
28. Contact Us
If you have any questions about this policy, or Moneta collection and use of information, please contact us at firstname.lastname@example.org