Legal notice and Conditions of Use of the Website and Applications MONEI Digital Payments S.L.
These Terms of Use regulate the free access and use of the Website called monei.com (hereinafter the "Website") and digital applications (hereinafter the "App" or "Applications") owned by MONEI DIGITAL PAYMENTS, S.L., with address at Calle Palestina 1, Entreplanta, 29007- Málaga and with VAT number B02660926, registered in the Mercantile Registry of Malaga in Volume 5998, L. 4905, F. 54, S. 8, H. MA158775, and with Payment Entity Registration granted by the Banco de España Nº6911 (hereinafter "MONEI"). Access and/or use of the MONEI Website and/or Applications implies the User's acceptance of these Terms of Use.
1. Creating an Account or Profile
To use the Services you must be at least 18 years old and register an account with MONEI (“Profile” or “Account”).
You can register one or more Accounts if you have several online merchants with different websites or business premises in different locations.
The registration of Authorized Users will be subject to the rates described in this link (“control panel users” section). If you register other Authorized Users they may access your Account and use/manage the Services contracted on your behalf or on behalf of the legal entity you represent (hereinafter the “Merchant”). Authorized Users where appropriate will also be bound by these Terms of Use. We reserve the right to limit the number of Authorized Users and to deny the registration of your Authorized Users.
Authorized Users may have different permissions to access the Account:
- Administration permission
- Read/Write Permission
- Permission to read
In any case it will be your sole responsibility to determine the Users who will have access to the Merchant account and with what permissions and it will also be your responsibility to manage permissions and passwords and to unsubscribe where appropriate Authorized Users from whom you decide to withdraw the permissions granted with respect to the Account.
In connection with the registration and use of your Account you will be asked to provide your name email address and other information as well as the identification data of the Merchant you represent (if any). We will use the information for a variety of purposes including to verify your identity and to comply with our legal and regulatory obligations. You can learn more about how we use your data in our Privacy Policy. You must provide MONEI with complete and accurate information and keep the information in your Account up to date when requested. You can inform us of any changes by contacting Customer Service at the following email address: support@monei.com. We reserve the right to suspend or cancel your Account as well as to limit access to any of the Services if you do not provide complete and accurate information (including additional information that may be required to create the Profile) or if you do not meet the registration or verification requirements for the Account.
2. Use of the Website and Applications: Responsibilities
The User is responsible for the access and correct use of the Website and/or the MONEI Applications subject to the laws in force in Spain, as well as to the principles of good faith, morals and public order, and with the commitment to diligently observe any instructions that, in relation to such use and access, may be provided by MONEI in accordance with the provisions of these Terms of Use.
The User is obliged to make reasonable use of the Website and/or the Applications and their contents, according to the possibilities and purposes for which it is intended.
The User is solely responsible for the information, opinions, allusions or content of any kind that they may communicate through the Website and/or the MONEI Applications.
The MONEI Website and Applications, as well as the products and services of that entity, are under no circumstances intended for minors. MONEI will not knowingly collect information or data from minors. However, due to the free access to the Website and/or the MONEI Applications electronically, it is noted that it is the responsibility of parents, representatives or legal guardians to take the necessary precautions and measures regarding the access of minors to websites and/or to the Applications and their contents that could be accessible while browsing by minors.
3. Uses not allowed
As a User of the MONEI Website and/or Applications, we inform you that it is PROHIBITED and, therefore, its consequences will be your sole responsibility to access or use it for illegal or unauthorized purposes, with or without economic purpose. Specifically, by way of example and without the following list being absolute, it is prohibited:
- Make illegal use of the Website and/or the Applications, or in any other way that could damage, overload or harm the Website itself and/or the Applications.
- Introduce computer viruses, faulty files, or host, store, distribute or share any other material or computer program that may cause damage or alteration to the contents, programs or systems of the Website and/or Applications.
- Use or resell for unauthorized commercial purposes the contents included in the Website and/or Applications without prior authorization from the owner.
MONEI shall be entitled to adopt the necessary measures in the event of non-compliance with the provisions of this clause, at its sole discretion, or at the request of an affected third party or competent authority. The adoption of such measures will not entitle you to any compensation.
4. Protection of personal data
The collection and processing of personal data provided by the User, as well as the exercise of the User's rights over such data, will be governed by the Privacy Policy of the Website.
5. Acquisition of products and services: General conditions of contract
The products and services offered through the Website and/or the Applications will be subject to the corresponding General Contracting Conditions contained in the Framework Agreement for Payment Services, together, where appropriate, with the Special Conditions that may be established and any other conditions that are necessary for the effective contracting of the products and services.
6. Opening of a basic profile for contracting technological platform services associated with payment services provided by third parties (MONEI PLUS, Merchants in Andorra and acquisition services provided by Comercia Global Payments)
In the event that the Merchant:
- Is interested in contracting the MONEI Plus Plan which will allow use of a virtual POS in the name of the Merchant provided by a third party
- Is interested in contracting acquisition services with Comercia Global Payments SL Payment Entity through the MONEI technological platform or
- Is an Andorran merchant
MONEI makes its services available as a technological payment platform for the purpose of managing payment services provided by third parties. It is clarified that in these cases MONEI will not provide any payment service but only the technological platform that will make it possible to manage all the payment options required by the Merchant on a single platform (multiple processors purchasers and payment methods).
In all these cases the Merchant must only create a basic Profile for which purpose their personal data will be required (full name identity document number email address contact details and where appropriate the basic data of the Merchant legal entity (company name or denomination tax identification number and address). In these cases and since MONEI will act only as a provider of technological platform services the Merchant will not sign nor will it be applicable to it under any circumstances the MONEI Payment Services Framework Agreement.
Merchants wishing to contract payment services in Andorra will not have to pay any payment to MONEI. In any case they must expressly authorize MONEI to transfer the data from their Basic Profile to the Andorran entity that will evaluate and where appropriate approve and provide payment services to the Merchant in that jurisdiction. Consequently after the creation of the Basic Profile MONEI and the Andorran Merchant will not have any type of contractual or other relationship.
For the technological platform services provided by MONEI to Merchants that contract the MONEI Plus Plan MONEI will apply the following rates (“MONEI Plus” section). Billing will be weekly and the corresponding amounts will be collected through direct debits from a bank account owned by the Merchant whose details must be reported to MONEI.
On the other hand the technological platform services provided by MONEI to Merchants that contract the acquisition services directly with Comercia Global Payments SL Payment Entity MONEI will apply the following fees (section “MONEI X: MONEI's dynamic pricing for using the platform”). Billing will be weekly and the corresponding amounts will be collected through direct debits from a bank account owned by the Merchant whose details must be reported to MONEI.
The Merchant declares to accept and understand that third parties other than MONEI that provide them with purchasing services under the MONEI Plus Plan through Comercia Global Payments SL Payment Entity or in Andorra will be solely responsible for these services. MONEI only assumes responsibility for the technological platform services provided by this entity to Merchants that contract the MONEI Plus Plan or to those that access the payment services of Comercia Global Payments SL Payment Entity through the MONEI technological platform and will not deal with complaints or claims of any kind that are related to payment services or other third-party services.
7. Customer Service for complaints and claims
The User is informed that MONEI has a Customer Service, as established in Order ECO/734/2004, of March 11, on customer service departments and services and the customer advocate of financial institutions. You can contact MONEI Customer Service by writing to the following address: support@monei.com
In case of problems we recommend that you first seek a solution by writing to the email support@monei.com. If you are unable to resolve the issue or if you are not satisfied with the response obtained you can submit a written complaint or complaint to MONEI Customer Service as detailed in this link.
8. Exemption from liability
8.1. For the content provided by Users
MONEI is not responsible for the contents, files, information, advertising, opinions, concepts and images hosted by the User on the Website and/or in the Applications that are contrary to law, morals, good faith and public order or contain any type of computer virus or similar software routine.
MONEI is not responsible for the contents, files, information, advertising, opinions, concepts and images that do not depend on the Website and/or the Applications, nor are they managed by MONEI.
MONEI will not assume any responsibility, whether direct or indirect, for the misuse of the Website and/or the Applications or their contents by the User, who assumes, in any case, under his sole responsibility, the consequences, damages or actions that may result from his access or use of the Website and/or the Applications or the contents hosted therein, as well as from their reproduction or communication.
8.2. For the operation of the Website and/or Applications
MONEI provides its services and contents on an ongoing basis, using all the technical means at its disposal to carry out this service satisfactorily.
MONEI may, when it deems it appropriate, make corrections, improvements or modifications to the information contained in the Website and/or in the Applications, in the services, or in the contents without giving rise to, or the right to any claim or compensation, or implying recognition of any liability.
MONEI is not responsible for damages of any kind that may arise from the availability and technical continuity dependent on third parties in the operation of the Website and/or the Applications. In any case, MONEI will carry out all necessary actions to restore its services in the event of a technical failure.
The User is solely and exclusively responsible for identifying and accessing the contents or services of the Website and/or Applications.
MONEI is not responsible for the misuse of the identification and access of users to access the contents or services of the Website and/or the Applications that require them and for the consequences derived from any nature, as well as for the misuse by users, their loss or oblivion, and their misuse by unauthorized third parties.
9. Intellectual and industrial property
MONEI, as the author of the collective work that consists of the Website and/or the Applications, is the owner of all industrial and intellectual property rights over them.
Any form of reproduction, distribution, public communication, transformation, making available and, in general, any act of exploitation of all or part of the contents (images, texts, designs, indexes, forms, etc.) that make up the Website and/or in the Applications, as well as of the databases (sui generis right) and the software necessary for the visualization or operation of them (including source codes), which does not have the express and prior written authorization of MONEI, is prohibited.
Under no circumstances may the User directly or indirectly exploit or be used commercially, in whole or in part, of any of the contents (images, texts, designs, indexes, forms, etc.) that make up the Website and/or the Applications without the prior written authorization of MONEI.
All the contents, without exception and in a non-limiting way, that are part of the Website and/or the Applications, that is, information, articles, data, texts, logos, brands, badges, icons, images, design and image of the Website and/or the Applications (external appearance or "look and feel"), video files, audio files, databases, computer applications, are the property of MONEI or are exploited under license from third parties who own the intellectual and/or industrial property rights of the said contents. These are protected by current intellectual and industrial property laws.
10. Changes and modifications to the terms of use
MONEI may, at any time, modify these conditions or introduce new terms of use, simply communicating it through the Website and/or the Applications.
In the event that a regulatory action, legal or regulatory measure occurs that, in MONEI's reasonable judgment, prohibits, substantially restricts or makes the provision of the service commercially unfeasible, MONEI will be entitled to: (i) modify the service or the terms and clauses of these Terms of Use in order to adapt to the new situation, (ii) resolve the relationship with the User.
11. Average payment period to suppliers
In accordance with the provisions of Law 31/2014, of December 3, amending the Capital Companies Act for the improvement of corporate governance; as well as Law 15/2010, of July 5, amending Law 3/2004, of December 29, which establishes measures to combat late payments in commercial transactions, it is reported that the average payment period to MONEI suppliers is 35 days.
12. Applicable Law and Jurisdiction
Current regulations will determine the laws that should govern and the jurisdiction that should be known about the relations between MONEI and the User of the Website and/or Applications.
