1.1. These terms and conditions are issued by Moni Talks Limited (“Moni Talks”, “we”, “us”), a company incorporated in the Isle of Man with registration number 134306C and registered office at 5th Floor, Victory House, Prospect Hill, Douglas, IM1 1EQ, and constitute a contract between you and Moni Talks.
1.3. Moni Talks is a provider of the following services:
- 1.3.1. “Learn Moni”, which offers a range of blockchain learning facilities through which users can progress at their own pace;
- 1.3.2. “Talk Moni”, which includes a social network through which users can interact with other users to exchange information on their blockchain learning and trading experiences; and
- 1.3.3. “Trade Moni”, which is a digital asset trading platform,
- (together the “Services”). The Services are provided through its website application (located at www.monitalks.io) and its mobile applications (the “Platform”).
2. Registration and Access
2.1. Subject to clause 3 below, you may be required to complete an account opening registration form in order to access the Services. The information you agree to provide may include, but is not limited to:
- a valid current residential address and proof of address relating to that address;
- a valid email address which can be verified;
- a mobile phone-number;
- your nationality and country of residence;
- your date of birth; and
- proof of identity.
2.2. We operate a three tier system with regards to your access to the Platform and the information we will require:
- 2.2.1. Level 0 – “Guest” – no registration is required, and you will not be required to provide any information. Guests do not use any of the Services, and are only able to view outward facing marketing as well as limited access to trading and social information.
- 2.2.2. Level 1 – “Social User” – basic registration will be required, whereby you will be required to provide basic contact details. Social Users will be granted access to the Learn Moni and Talk Moni services, together with the access granted to a Guest. The minimum age restriction for Talk Moni is 13+.
- 2.2.3. Level 2 – “Trader” – full registration will be required, and will involve a full due diligence process to the satisfaction of Moni Talks. To use Trade Moni you must at least 18 years of age. Traders may use all the Services.
- (together the “Users”).
2.3. Moni Talks reserves the right to change the application process, the Access Levels, and the information required in respect thereof at its sole discretion.
2.4. Moni Talks reserve the right to refuse any application without the need to provide a reason.
2.5. Any information provided by you in the course of registration as either a Social User or a Trader, including verification documents provided in the course of the account verification process set out in clause 5 below, will be retained by Moni Talks for a period of 5 years after your relationship with us is formally ended, pursuant to paragraph 34 of the Isle of Man Anti-Money Laundering and Countering the Financing of Terrorism Code 2019. If you require further information on this point, please contact us before you commence the account opening process. This information will be retained even if your registration is refused.
2.6. Any information provided by you which is subsequently found to be false or misleading will result in your account being terminated.
2.7. You agree to only create one account with Moni Talks. Any attempt to circumvent this by creating a second or duplicate account may result in the termination of your account(s).
2.8. If you are successful in registering for an account, Moni Talks reserves the right to limit your use of the Services until you comply with the account verification process as set out in clause 5 below.
3. Platform Access
3.1. Access to the Platform is available to all Users free of charge. All Services are provided without warranty of any kind, either express or implied. We make no guarantees, warranties or representations whatsoever that our Platform or any content on it will always be available or be uninterrupted, timely, secure or error free. We make no guarantees, warranties or representations whatsoever that defects will be corrected, or that the Platform or the Service that makes it available are free of viruses and bugs or represent the full functionality of the Platform, or as to the accuracy of any information obtained by you through the Platform.
3.2. Access to our Platform is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our Platform without notice. We will not be liable to you if for any reason our Platform is unavailable at any time or for any period.
3.4. We will endeavour to provide you with the Services as soon as possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information.
4.1. You agree to only register and use the Trade Moni Services if you are at least 18 years old. Any attempt by a person under the age of 18 to use the trading platform services shall result in refusal of application or termination of account. You must be 13+ years old to be able to utilise our Talk Moni social platform.
4.2. You may only register as a Trader and use Trade Moni if you are resident in an Accessible Country. Any country which is not on the list of Accessible Countries is a “Restricted Country”. Citizens and residents of Restricted Countries (including the United States of America) are not eligible to register as a Trader and to use Trade Moni whilst resident in that Restricted Country. Any citizen of a Restricted Country may not be eligible to register as a Trader to use Trade Moni even where that citizen is temporarily or permanently resident in an Accessible Country.
4.3. The availability of the Platform does not constitute an offer, solicitation or invitation by us for you to use the Services in any Restricted Country. Under no circumstances will we be liable for any breach of state or sovereign law that may occur as a result of your use of, or attempted use of, the Platform or the Services.
4.4. By accessing the Platform and/or opening an account to use the Services, you expressly represent and warrant that you:
- 4.4.2. are not using the Platform or the Services on behalf of any third party;
- 4.4.3. will not transfer any digital asset to or from your Moni Talks account to or from any individual or entity subject to financial sanctions in the Consolidated List of Financial Sanctions Targets in the UK, as issued from time to time by the Office of Financial Sanctions Implementation, HM Treasury.
5. Account Verification
5.1. Upon successful registration as a Social User, Moni Talks will ask you to complete the basic account verification process. This will involve confirmation of email address, through an email account verification process set out by Moni Talks.
5.2. Upon successful registration as a Trader, Moni Talks will ask you to complete the enhanced account verification process. This will involve confirmation of email address, together with providing documentation sufficient to comply with local Anti-Money Laundering and Countering the Financing of Terrorism legislation, Proceeds of Crime legislation and any other such regulations, guidelines and internal policies which are enforced from time to time or which we at our sole discretion deem to be necessary. Until you have complied with this account verification process, you will be a “Non-Verified Trader”. The provision of additional documentation allows Moni Talks satisfy our regulatory obligations to fulfil a risk based approach to our users.
5.3. Any Non-Verified Trader who fails or refuses to comply with the account verification process, or fails to provide requested documentation without acceptable reason, shall have their account frozen until the account verification process is completed. Any Non-Verified Trader who continues to fail or refuse to comply with the enhanced account verification process following reasonable notice shall have their account terminated.
5.4. Non-Verified Users may be asked to provide the following documentation, without limitation:
- 5.4.1. government issued identification;
- 5.4.2. proof of current residential address;
- 5.4.3. source of wealth and source of funds evidence; and
- 5.4.4. any other documents which Moni Talks at its sole discretion considers necessary in order to comply with its anti-money laundering or countering the financing of terrorism obligations,
- (together the “User Due Diligence documents”).
5.5. Following successful verification as a Trader, you agree to update any User Due Diligence Documents and provide any such other User Due Diligence Documents as may be requested by Moni Talks from time to time. You agree to provide such information in a timely manner following receipt of a written request from Moni Talks.
5.6. Any false information provided by you will result in your use or access to the Platform being terminated.
5.8. You hereby agree that your personal information may be disclosed to credit reference agencies and fraud prevention or financial crime agencies as may be necessary for us to complete the account verification process to our satisfaction.
5.9. In the event that Moni Talks deems that a User has engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using either the Service or any of the other services, products or facilities of Moni Talks or subsidiary brands, including without limitation, engaging in any of the activities set forth in our Prohibited Use policy/internal policies, or the making of any fraudulent payment, including without limitation, use of a stolen account or card details or fraudulent chargeback or money laundering, Moni Talks shall be entitled to take such action as it sees fit, including, but not limited to:
- 5.9.1. immediately blocking a User's access to the Service;
- 5.9.2. terminating a User's account with Moni Talks;
- 5.9.3. disclosing such information (including the identity of the User) to financial institutions, relevant authorities and/or any person or entity that has the legal right to such information; and/or
- 5.9.4. taking legal action against a User.
- 5.10. The company will not discuss our processes and procedure relating to our obligations under the criminal law with users or third parties unless authorised to do so by the relevant regulatory or law enforcement authority.
6. Account Security
6.1. Your password must at all times remain confidential, and must not be disclosed to any third party. You agree not to disclose your password, account information, or any other piece of confidential information regarding your account to any third party.
6.2. Where a third party in possession of your security details accesses your account through no fault of Moni Talks, you agree that any action taken on your account by a third party shall be your sole responsibility, whether or not you knew about access, authorised the access or authorised any transaction undertaken by that third party.
6.3. You agree to at all times fully and effectively indemnify and hold harmless Moni Talks and its officers, employees and assignees against all losses, claims, expenses and damages arising in connection with the use or access to your account by or with any third party.
6.4. Moni Talks assumes no responsibility for any loss that you may sustain as a result of a breach of your account login credentials due to no fault on the part of Moni Talks and/or failure to follow or act on any notices or alerts that we may send to you.
6.5. You agree to notify us as soon as possible if you suspect that your username or password has fallen into the hands of a third party.
7. MPC Wallet
7.1. Through the Trade Moni platform, Moni Talks may provide you with access to a multi-party computation wallet (“MPC Wallet”) operated and controlled by our wallet partner. Your MPC Wallet will permit you to store and transfer digital currency and balances will be credited to your account.
7.2. You agree that you will only trade digital currencies which are expressly listed on the Platform as being tradeable or part of a tradeable pair (“Tradeable Currencies”). Any digital currency which is not a Tradeable Currency will be a “Untradeable Currency”.
7.3. You agree that you will not attempt to send, store or receive any Untradeable Currency to your MPC Wallet, and agree that Moni Talks shall not be held responsible for any losses suffered as a result of Untradeable Currency being sent to a MPC Wallet or as a result of any digital asset being sent to any wallet which does not support that asset.
8.1. Through your use of Trade Moni and the Platform, you may enter into trades of Tradeable Currencies with other Traders (“Trades”). Trades include the following formats, but may be subject to change in availability from time to time:
- 8.1.1. “Market Orders”, which are taker only trades placed as either ‘buy’ or ‘sell’ orders. In order to enter into a Market Order, Traders will set quantities to be bought or sold, and the order will be fulfilled at the prevailing market price (or as close as possible to that market price).
- 8.1.2. “Limit/Stop Limit Orders”, which are maker trades placed as either buy or sell orders with predetermined quantities and price values. Limit/Stop Limit Orders will only be fulfilled once the relevant exchange price reaches the order price.
- 8.1.3. “Buy Now Orders”, which are taker orders placed through a simplified interface. In order to enter into a Buy Now Order, Traders will specify the digital assets to be exchanged and the quantity of those required. The Trader will then be provided with a quote specifying price and quantity, and the Trader will be required to accept the same prior to that Trade being entered into.
8.2. You are solely responsible for ensuring that the details and information you enter and are provided in order to process Trades on the Trade Moni platform is correct. Moni Talks does not have any direct control over Trades, does not accept instruction in respect of Trades and does not act on behalf of users when facilitating a Trade.
8.3. You will not be able to enter into any Trade where you hold insufficient balance in your MPC Wallet in order to effect the Trade.
8.4. Moni Talks does not guarantee the identity of any user, recipient, or other party capable of being party to Trades. You alone are solely responsible for the correctness and verification of all transactional details prior to entering into a Trade.
8.5. Once you enter and approve the relevant detail required to enter into a Trade and that transaction is entered onto a relevant blockchain network, Moni Talks has no control and does not assume any liability or responsibility in connection with direct and or indirect consequences and consequential losses caused by any such delay on a blockchain network.
8.6. Moni Talks may charge fees to facilitate Trades through the Platform (“Trade Fee”). Moni Talks will calculate the Trade Fees at its sole discretion, although we will always notify users of the applicable Trade Fee prior to the execution of any Trade.
8.7. Trade Fees exclude network fees and any fees imposed by any banking institution, and you agree that you will be responsible for payment of these fees.
8.8. We reserve the right to refuse or cancel any Trade as a result of:
- 8.8.1. legal obligations imposed upon Moni Talks;
- 8.8.2. trade limits imposed by Moni Talks; or
- 8.8.3. activity which we deem to be suspicious.
8.9. We are not obliged to give you any reason for refusing or cancelling any Trade and you agree to hold us harmless against any losses you may suffer as a result of a refused or cancelled Trade.
8.10. Moni Talks expressly retains absolutely no control, responsibility or liability regarding the legality, safety, delivery and other such guarantee in connection with any third-party payments.
8.11. Any conflicts, problems and associated Trade disputes must be directly resolved between the aggrieved parties.
8.12. In the event of any suspected unlawful, inappropriate, dishonest or malicious behaviour, you should promptly inform us so that we may consider the best course of action, if any action at all.
8.13. All Trades shall be subject to minimum and maximum Trade limits as imposed by Moni Talks from time to time.
9.1. You represent and warrant that as of the date of each Trade and throughout your use of the Platform and the Services:
- 9.1.1. you have full power and authority to enter into each Trade and are the beneficial owner of all fiat currencies and digital assets deposited into your MPC Wallet or paid by bank transfer and credited to your Trade Moni account;
- 9.1.2. any information provided by you in relation to your account, each Trade, and all user due diligence is complete, accurate, current and not misleading;
- 9.1.3. you have not relied on any representation or warranty given by any other person (including without limitation- Moni Talks) in entering into any Trade.
10. Delay and Availability
10.1. Moni Talks will always endeavour to maintain the availability of the Platform and the Services, however, do not guarantee the availability of the Platform or the Services.
10.2. The Services may be subject to delays, interruptions, errors or other problems resulting from use of the internet, third party integrations, or public electronic communications networks used by the parties or third parties. You acknowledge that such risks are inherent in internet services and that Moni Talks and its partners shall have no liability for any such delays, interruptions, errors or other problems.
10.3. Moni Talks expressly makes no representations, warranties or guarantees regarding the time scale required to process any Trades which are dependent upon external processors such as banks and other such variables on a digital network that are outside of our control. We expressly retain absolutely no responsibility or liability for any such operational defect and failure, including, but not limited to extensive delays and the complete failure of any such Trade which is a result of events outside of our exact control.
11. Reversals and Cancellations
11.1. You are not permitted to cancel, change or reverse any transaction once you have confirmed a Trade.
11.2. Moni Talks reserves the right to refuse to process, cancel any Trades if we in our sole discretion suspect the transaction involves or could be involved in criminal activity, is a violation of our Prohibited Use policy/internal policies or in response to binding legal, governmental or regulatory orders.
11.3. If Moni Talks cancels a Trade, we are not required to reprocess your Trade on the same terms as the cancelled Trade.
13. Deposits, Withdrawals and Refunds
13.1. Prior to entering into any Trade, you must have deposited the relevant amount of Tradeable Currency to your MPC Wallet or made a bank transfer of the relevant fiat currency to be credited to your Trade Moni account. You may not enter into any Trade until such cleared funds are in your MPC Wallet or have been received by us, and we do not have any responsibility for any delay in onward payment as a result of late arrival of such funds.
13.2. All payments or deposits made to Moni Talks are to be made in full without any set-off, counterclaim or deduction whatsoever. You will be responsible for any and all transaction fees.
13.4. Deposits via Bank Transfer may be subject to the standard associated external delays, typically one (1) to five (5) working days. We will credit your MPC Wallet within twenty-four (24) hours of our receipt of the payment.
13.5. Deposits may be subject to minimum and maximum deposit limits. Any limits will be clearly stated prior to any deposit order.
13.6. You shall be permitted to withdraw funds credited to your account on the Platform by making a withdrawal instruction via the Platform.
13.7. Where a withdrawal instruction is received by Moni Talks in respect of any fiat currency, we shall pay such funds to the bank account nominated on registration. You cannot receive funds into another bank account without our agreement.
13.8. Where a withdrawal instruction is received in respect of digital assets, we shall credit such digital asset to your external digital asset wallet nominated on registration or subsequently agreed with Moni Talks.
13.10. You warrant that you own and are fully responsible for any digital asset wallet you have notified to Moni Talks for the purposes of receiving digital assets withdrawn from your account.
13.12. Withdrawals must not exceed the limits specified in our Limits Table. We will immediately debit your Trade Moni account when you authorise a fiat withdrawal. Once processed, funds will typically settle to you within five (5) working days.
14. Financial Advice
14.1. Moni Talks, through its Learn Moni portal, may from time to time provide information to you on practical aspects of dealing between fiat currencies and digital assets.
14.2. Notwithstanding any such information provided by us, you acknowledge and agree that you enter into each Trade of your own free will without reliance on any information provided by Moni Talks and that such Trade is at your own risk. You shall not be entitled to rely on Moni Talks for any advice, including the timing or terms of any Trade, market trends, or potential pricing positions.
15. Limited Licence
15.2. Moni Talks are the owners or the licencees of all intellectual property rights in our Platform and the material published on it. These intellectual property rights include, without limitation, copyright, trademarks, the underlying software, the design, graphics, layout, look, feel and structure of our Platform, database rights, design rights, domain names and rights to goodwill and/or to sue for passing off. Those works are protected by copyright laws and treaties around the world. As such, rights are reserved.
15.3. You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal use and you may draw the attention of others within your organisation to content on our Platform.
15.4. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video sequences, audio sequences or graphics separately from any accompanying text.
15.5. Our status (and that of any identified contributors) as the authors of content on our Platform, must always be acknowledged.
15.6. You must not use any part of the content of our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
15.8. Any trademarks used on this Platform are the property of Moni Talks and its licensors. The trademarks should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated. The use of any trademarks without our express consent in writing is strictly prohibited and you may not copy, imitate or use them without Moni Talks’ prior written consent.
15.10. Moni Talks reserves the right to assign our rights without restriction or limitation to Moni Talks associates or partners or to any successor. Any attempted transfer or assignment in violation hereof shall be null and void.
16. Prohibited Activity
16.1. As a condition of your use of Moni Talks content, Services and any such activity facilitated by Moni Talks, you agree and represent you will not engage in any prohibited activities as set out in our Prohibited Activity policy.
16.2. Moni Talks expressly reserves the right to monitor, review, retain and to disclose any such information and data as is required or we deem necessary to satisfy any relevant law, regulatory system, governmental order or our internal policies.
16.3. We reserve the right to immediately and without notice, freeze funds, block all transactions and to cancel or suspend your account and any such other restrictive action we in our sole discretion deem to be reasonably necessary, if we conclude, in our sole discretion, that your account is associated with any Prohibited Activity.
17. Account Suspension and Cancellation
17.1. We may suspend, deactivate and/or cancel your account, a trade, and/or access to the Platform and the Services, or take any other action we deem necessary if:
- 17.1.3. any circumstance set out in these terms and conditions occur, where it is stated that recourse may be the suspension, deactivation or cancellation of your account;
- 17.1.4. we are compelled by law (e.g. legislation, court order or any other binding regulatory or governmental order);
- 17.1.5. we suspect that your account is being used to facilitate a prohibited activity; or
- 17.1.6. at our sole discretion.
17.3. Unless prohibited by law or a binding order, you will be allowed to transfer funds associated with your Moni Talks account for ninety (90) days after account deactivation or cancellation. We may take reasonable measures to notify you of any before the end of the ninety (90) day period.
17.4. We reserve the right to charge a monthly administration fee on suspended and closed account which hold funds.
17.5. You may cancel your Moni Talks account at any time by withdrawing all balances and following the instructions on the Settings Page, or by contacting us.
17.6. In the event that your account has been inactive for three (3) years and Moni Talks has attempted to contact you via the email address you provided or other contact information, we reserve the right to initiate a monthly administration fee ninety (90) days after the delivery our first notification of your inactive account.
18.1. Moni Talks provides the Services without any warranty or condition, whether express, implied or statutory.
18.2. Moni Talks assumes no liability or responsibility for any errors or omissions on the Platform; any failures, delays or interruptions on the Platform or in delivery of the Services; any losses or damages arising from the use of the Platform or the Services.
18.3. Moni Talks reserves the right to deliver the Services, to process transactions and to appoint any third party as its agent or otherwise in order to deliver the Services and to process any transaction in its sole and absolute discretion.
18.4. In no event shall Moni Talks, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Platform or the Services.
18.5. Moni Talks does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of Moni Talks.
18.6. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
18.7. Moni Talks specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Platform.
20. Sales, Mergers and Restructuring
20.1. In the event that Moni Talks is acquired by or initiates a merger with a third party, we expressly reserve the right to assign all or parts of the relevant information we have collected from you as part of any such change of control.
21.1. This Agreement will be governed by the laws of the Isle of Man.
21.4. Moni Talks reserves the right to charge interest on any late payments at the maximum rate permitted by law. Interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.
21.5. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.