Terms of Service

© Copyright 2014

This Website is owned and operated by MONI Tech Inc ("MONI")

Terms of Service

By accessing and using this Website you acknowledge that you have read, understood and agree to be bound by these terms and conditions. By continued use of the Website you will be bound by revised or further terms and conditions as published on the Website from time to time. You should therefore check these terms and conditions every time you use the Website. Please note that if you do not accept these terms and conditions, you will not be able to use the services made available through the Website.

1. Overview of the Service

1.1 MONI was created to help our customers send money transfers to family and friends. We recommend that you use the Service only to send money to people you know personally. You should never use the Service to send money to strangers.

1.2 The Service allows people to send and receive money around the world. A "Sender" is someone who uses the Service to send money. A "Recipient" is someone who receives money from a Sender through the Service. The "Destination Country" is the country in which the Recipient receives money through the Service. A "Transaction" is a specific instruction to send money through the Service. The "Transaction Amount" is the amount that the Sender provides to MONI to send. The "Payout Amount" is the amount paid out to the Recipient, excluding any local taxes or charges that may be levied under the laws of the Destination.

2. Accessing the Website

2.1 You should not use the Website from any country where accessing or using the Website or any of the information, products or services on it is prohibited by law. This Website does not constitute any invitation or solicitation by MONI to any person to use any such information, products or services in countries where to do so is prohibited by law.

2.2 You must be at least eighteen (18) years old to access or use the Service as a Sender. You must be able to form legally binding contracts under applicable law. If you lack the legal capacity to enter into a contract you may not use this service and MONI shall not be responsible for any unauthorised use of this service by such persons. You further represent and warrant to us that you are an individual and that you are not acting on behalf of an undisclosed principal or a third party beneficiary.

2.3 Before being able to use the Service we have to perform mandatory customer verification. For that we may ask for photographic evidence of your identity such as a copy of your passport. It is possible to provide this evidence through a number of methods including fax and email. MONI reserves the right to access various government and private databases so as to verify your information. If the databases provide a match to the information you provide then we may not have to ask for photographic evidence of your identity.

2.4 The content of the Website and the services made available by MONI are intended for use by individuals seeking to send and receive money around the world for legitimate use, and should not be used for any type of speculation or investment.

2.5 MONI reserves the right to refuse to accept any new user or any transaction at its discretion. Furthermore, you continued use of the Services may be subject to account limits, including transaction volume limits, as set by MONI from time to time and at MONI's sole discretion.

2.6 Access to the Website/mobile application is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide without notice. We will not be liable if for any reason the Website/mobile application is unavailable at any time or for any period.

2.7 Where MONI declines any Transaction or the opening of an account, MONI shall not be obliged to provide reasons for taking such action.

2.8 Moni is designed for peer-to-peer transfers only and does not facilitate donations to charitable institutions.

From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

3. Duplicate accounts

3.1 Moni may refuse creating duplicate accounts for the same user due to security and client identification requirements. Moni reserves the right to refuse the creation of duplicate accounts for the same user due to security and client identification requirements. In a case where duplicate accounts are detected, Moni reserves the right to close or merge these duplicate accounts without notification.

4. Anti-Money Laundering procedures

4.1 MONI is regulated by the Financial Conduct Authority (FCA). The FCA and the Regulations requires Payment Institutions, amongst other things, to apply anti-money laundering and counter financing terrorism procedures aimed at detecting and preventing financial crime.

4.2 MONI may utilise the services of a third party in order to confirm your identity as part of the registration process.

4.3 MONI reserves the right to collect identification from you prior to the depositing funds and placement or matching of an order. In general, MONI collects identification in the form of a copy of a passport/drivers licence and a utility bill showing your current residential address dated within the last three months.

4.4 You should assume all information provided to MONI is available to regulatory authorities in both the country of origin of the funds, and the destination country of the funds.

4.5 You represent and warrant that the monies transferred to your account with MONI are not connected in any manner to any unlawful or illegal activity.

4.6 MONI reserves the right at all times to refuse to process any proposed or matched order which it believes in its sole discretion, is connected in any manner to any unlawful or illegal purpose. We have a legal obligation to report any such suspicious transactions.

4.7 There is a statutory obligation on all MONI employees and their agents to report suspicious transactions. Where any such report is made, MONI accepts no liability for any delay in transmission of or confiscation of the funds.

5. Changes to the website

5.1 MONI may, in its absolute discretion, make such changes to the Website content or the products and services offered by MONI through the Website as MONI considers appropriate from time to time.

6. Intellectual Property

6.1 All intellectual property and all materials comprising or contained in the Website including but not limited to all text/articles, logos, software and images, are owned, or as the case may be licensed, except as otherwise expressly stated, by MONI. The materials contained on or comprising the Website may not be copied or redistributed for commercial or private purposes of any kind without prior written permission from MONI. MONI grants you a non-exclusive, non-transferable and limited personal licence to access and use the Website. This licence is conditional on your continued compliance with these Terms & Conditions. You agree not to "deep-link" to the Website, resell or permit access to the Website to others and you agree not to copy any materials appearing on the Website for resale of for any other purpose to others without the prior written consent of MONI. For the avoidance of doubt, you will be responsible and bound by any unauthorised use of the Website made in breach of this section.

6.2 The images displayed on the website are © copyright 1999-2014 Getty Images and should not be, downloaded, republished, retransmitted or used for any other purposes.

7. Accuracy of content

7.1 All content shown on the Website (and all services and products provided by it) are provided and made available without any warranties, conditions or guarantees given by MONI. All such warranties, conditions or guarantees which would otherwise be implied by law are excluded to the fullest extent permitted by law. In particular, MONI does not warrant the accuracy, suitability, reliability, completeness, performance and/or fitness for purpose of the content of any services or products available through this Website.

7.2 MONI shall use its reasonable endeavours to ensure that any dated information contained or reproduced on the Website is obtained from sources believed to be reliable and has been prepared in good faith and with all reasonable care. MONI does not accept any responsibility to update or amend any information and makes no warranty concerning the completeness and exactness of such information. MONI will not have any liability for the use or interpretation of such information. None of the information constitutes financial or investment advice. Daily data is not readily available for some exchange rates and therefore may be out of date.

8. Contract between you and MONI.

8.1 You are required to follow the steps on the screen in order to send a money transfer. MONI reserves the right to ask for further information before executing a Transaction.

8.2 MONI will use various procedures to authenticate each order for the purposes of law and regulations including anti-money laundering regulations. MONI reserves the right to decline to continue to process any part of your proposed order at any time and accepts no liability as a result thereof. Furthermore, MONI shall not be obliged to provide you with the reasons for its decision not to process an such order.

8.3 You will be able to correct the details of your Transaction any time up until you press the Accept button. After that point you will no longer be able to correct details of your Transaction.

8.4 MONI will send you an email acknowledgement of your proposed Transaction once it has received it and this constitute acceptance of your proposed Transaction by MONI.

8.5 MONI is entitled to refuse, withdraw or cancel your proposed Transaction at anytime, for any reason.

8.6 In the event a proposed or matched order is cancelled on the instructions of any law enforcement agency or regulatory body MONI may retain all or any of your money if it is required to do so by law and then deal with it as ordered by a court or other body of competent jurisdiction.

8.7 You are responsible for any additional costs incurred by MONI in the event you have provided incorrect payment instructions for the purpose of transferring funds from your MONI account.

8.8 Al l payments in relation to the Services provided by MONI must originate from a UK bank account.

9. Communications with MONI

9.1 Any communications or materials of any kind that you e-mail, physical mail, telephone or otherwise transmit through the Website, including information, data, questions, comments or suggestions ("your communication") will be treated as non-proprietary and non-confidential and MONI may use your communication in any way it thinks fit, either on the website or elsewhere with no liability or obligation to you. MONI may monitor your communications for the security of the website and such monitoring will not entitle you to any cause of action or give you any right to the manner in which communications are monitored. MONI will not be liable for any costs, damages, expenses or any other liabilities incurred as a result of MONI's monitoring activities.

10. Links to other websites

10.1 MONI may provide links to other websites that are controlled or operated by third parties. Links to other websites are solely provided for your convenience and are not an endorsement, authorisation, sponsorship or affiliation by MONI with respect to such site, its owners or its providers and you shall not hold MONI liable for any loss or damage caused by use of or reliance on any content, goods or services available on these linked sites.

11. Terminations of use

11.1 MONI may terminate your use of the Website at any time and for any reason, including, but not limited to, any breach of these terms or conditions or for any breach of law or regulation or for any reason MONI considers appropriate in order to comply with anti-money laundering and other financial regulations. MONI reserves the right to decline any part of your order at any time.

11.2 You may terminate your relationship with MONI by contacting our customer services at help@monitechnologies.com notifying us of your intention to no longer use the Website or our Services. Please note that MONI will retain certain personal information, as may reasonably be required by law and as may be prudent to record any transactions entered into by you.

12. Deposits and Transfers of Funds

12.1 You represent and warrant that you are the lawful owner of the bank account attached to any payment method notified by you.

12.2 You shall not be entitled to any interest on funds held in your MONI account.

12.3 MONI may deduct from any deposits or transfers such amounts as may be required by law or as may be charged by MONI in respect of transfer or other charges owed to MONI.

12.4 You agree and represent that all funds deposited by you in respect of any order will be legally and beneficially owned by you in full and will not be subject to any charge or lien or other encumbrance of any kind.

12.5 All funds deposited by you under these Terms may be used by MONI in the performance of its own obligations to any counterparty of MONI or otherwise in relation to your Transaction.

13. Recipient terms

13.1 By registering for the service, you confirm that you are the intended recipient of the money which our customer is paying to you. If, using this service, you receive any payments by mistake, you must tell us as soon as possible and return the payment to us.

13.2 You hereby authorise the bank holding your account to debit that account and return the amount of the payment to us. If the bank is unable to do this, you agree that we can disclose your details to the payer so that they can take action to recover the mistaken payment.

13.3 Once you have registered, we will send the payment to your nominated account. In doing this we are acting as payment service provider for the payer and are not providing any service directly to you.

14. Transaction processing hours

14.1 We are processing our payments within UK bank working hours (09:30 – 17:00 – Mon-Fri). All the transactions made after working hours or during the weekend will be processed the next working day.

15. Transaction cancellation

15.1 You can request for cancellation of the transaction through the app before we process the funds. We cannot cancel a transaction if the funds have already been processed.

15.2 For self serve – The transaction will get automatically cancelled in 48 hours if the recipient does not complete the registration process in order to receive money. We may cancel the transaction in certain cases where we need additional details to verify your identity.

16. Liability

16.1 You agree to use the Website at your own risk.

16.2 MONI uses reasonable skill and care in providing its products and services to you. However (to the maximum extent permitted by law) MONI is not liable to you for any loss, damage, claim or compensation (including loss of profit or loss of use) incurred by you from your use of, or your inability to use, the Website or the products or services offered through or by the Website however caused notwithstanding any error or omission including negligence.

16.3 MONI shall not be liable to you or any third party for any loss, damage, claim or compensation (including loss of profit or loss of use) incurred by you resulting from the failure of MONI to execute any transfer in accordance with the instructions from you.

16.4 Time shall not be of the essence for the processing of any transfer. In particular, MONI accepts no responsibility for any delay in onward payment attributable to the late arrival of your instruction for transfer relative to the cut off times of our bank.

16.5 MONI shall not be liable for any fees or commissions charged by any intermediary bank or other entity when funds are deposited in your MONI account or transferred to your personal or beneficiary account.

16.6 MONI's maximum aggregate liability to you in respect of all foreign currency transactions undertaken by you shall be limited to a refund equivalent to any monies you have paid to MONI to acquire foreign currency for the Transaction(s) in question, less any expenses incurred by Moni as a direct result of the relevant Transaction(s).

16.7 You agree that MONI will not be responsible in any way to you or any other person in the event of force majeure or for the act of any Government or legal authority.

16.8 For your protection and that of other users you should not share your registration information (password, User Name, security questions etc) with any other person or entity for any purpose. You alone are responsible for all acts or omissions that occur within the Website through the use of your registration information.

16.9 You hereby indemnify and hold blameless MONI, its directors, officers, employees and agents form and in respect of any loss, damage, liability, cost or expense that it may suffer or incur by reason of you failing to discharge your obligations under or acting in breach of any of these T&Cs or any breach of any applicable law or regulation.

16.10 You shall be responsible for providing and maintaining the means by which you access the Website which may include but is not limited to a mobile phone or computer. You shall be responsible for all access, service and ongoing fees necessary to connect to the Website and you shall assume all risks associated with the use and storage of information on your computer or on any other computer through which you will gain access to Website and our services. You agree that MONI will not be liable in any way to you in the event of failure of or damage or destruction to your computer system, data or records or any part thereof or for any delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software. You will not expose the website to any viruses, trojans or other similarly harmful or inappropriate material or device. In the event that any such viruses etc. are deemed to have been transmitted to the website from your account MONI reserves the right to terminate your account and you shall be liable for the cost to MONI of removing such viruses etc. and MONI shall have the right to set-off the cost against any balance held to the credit of your MONI account.

16.11 When making a payment, you must ensure the Payee information (including the mobile number or the payee, payment reference and amount) is current and correct, otherwise the payment may be returned or made to the wrong payee. We will not be liable to you if the payment is sent to the wrong person as a result but will try to recover the payment in accordance with the General Terms.

16.12 Once payment instructions have been executed by MONI, transactions cannot be reversed and MONI accepts no liability in any way for any loss you suffer (whether direct, indirect or otherwise, including, but not limited to, loss of profits or business opportunity) as a result of a Transaction being carried out in accordance with your instructions.

16.13 MONI is not liable for any viruses for other technologically harmful material that may affect your computer equipment, computer programs or other material resulting from your use of the Website.

16.14 The limitations set out above to not affect our liability for death or personal injury arising directly from our negligence, nor our liability for our fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

17. General

17.1 If any provisions of these terms and conditions including these disclaimers and limitations shall be unlawful or unenforceable then such provisions shall fall away and shall not affect the validity and enforceability of the remaining terms. Your statutory rights remain unaffected.

18. Privacy and Data Protection

18.1 MONI processes information about you in accordance with its privacy policy. By using the Website you consent to such processing and you confirm that all data you provide is accurate.
18.2 Moni enables you to sync the app with the contacts in your address book. By using this functionality you consent to us accessing your contacts and storing the phone numbers on our servers solely for this feature. We will not collect or store any names, emails, addresses or other contact information from your address book.

19. Entire Agreement

19.1 This Agreement and any document expressly referred to in it constitutes the entire agreement between you and MONI and supersedes any previous discussions, correspondence, arrangements or understandings, whether written or otherwise.

20. Governing Law

20.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, the use of the Website.

20.2 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

21. Variations

21.1 We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site.

22. Complaints policy

22.1 Moni aims to provide the highest level of customer service possible. If you experience a problem, Moni will always seek to resolve this as quickly and efficiently as possible.

22.2 In the unlikely event, that you are dissatisfied with our Service, in the first instance, in accordance with our complaint procedures, Moni requires you to inform us of the complaint as soon as practicable in writing by email to [complaints@monitechnologies.com]. Where the initial complaint is verbal it must be followed up immediately with a written complaint.

22.3 We will acknowledge receipt of your complaint within 2 business days. We will investigate your complaint and come back to you with the initial results of our investigation no later than 2 weeks of receipt of your complaint. If you are not satisfied with the manner in which we have dealt with your complaint, or the outcome, then you may have a right to refer your complaint to the Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR, Tel No 0800 0234 567, Email: complaint.info@financial-ombudsman.org.uk

23. Your concerns
23.1 If you have any concerns about material which appears on the Website, please contact us at help@monitechnologies.com.

Dated [24/04/2014]

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