Terms of Use
Introduction
The MoneyGo, Terms and Conditions is a legal agreement (this “Agreement”) between You and MoneyGo, (“MoneyGo”, "we," "our" or "us") governing Your use of an Account (as defined below) and payment processing services (“Services”) MoneyGo provides. Services also includes MoneyGo's payment processing services, as well as our website, any software, programs, documentation, tools, hardware, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto provided to You by MoneyGo, directly or indirectly.
MoneyGo has developed and operates a software platform (the "Software Platform"), through which provides API-solutions for its clients as an assistance technological partner supporting money transactions.
MoneyGo has an agreement with acquirers and financial organizations who provide payment processing to MoneyGo on behalf of its Merchants.
Merchant and MoneyGo have entered into the Agreement which sets forth, among other things, terms and conditions under which MoneyGo will provide Merchant with the Services that facilitate Merchant’s acceptance of credit and debit card payments for products and services provided to customers.
The Terms govern the use of the website www.money-go.com (the “Website”) and all other related websites and services available on or through any of the foregoing (collectively, the “Services”). These Terms do not govern Your access and use of any software, websites and services which may be made available to You under separate license terms from the third-party service provider. Please, check these Terms periodically for changes. Your continued use of the Services after such changes have been published on or through the Website shall constitute Your binding acceptance of such changes.
MoneyGo reserves the right, at our sole discretion, to amend, change or modify portions of this Agreement at any time. When MoneyGo does this, MoneyGo will post the revised Terms and Conditions on the Website (https://money-go.com/en/agreement) and will indicate the date of such revision. Your continued use of the Services after the date of any such changes constitutes Your acceptance of the new terms and conditions of the Agreement. By Clicking “I Agree”, You agree to be bound by all Terms and Conditions of this Agreement, including, without limitation, all documents, policies, and procedures incorporated herein by reference. You further agree that Your electronic signature has the same effect as Your manual, physical signature. Your electronic signature (via “click-through” or other method) has the same effect as if You signed them in ink.
1. Our services
1.1. MoneyGo provides the Services to facilitate payments who offer their products/goods or services for business purposes (hereinafter referred as “Merchants”) with simple and convenient way to receive the remuneration for such products/goods or services in cryptocurrency, at the same time MoneyGo provides persons that are intended to purchase Merchant’s products/goods or services (hereinafter referred as “Client(s)”, “You”, “Your”) with simple and convenient way to pay such remuneration in cryptocurrency.
1.2. All transactions are between Merchants and their Clients. The Services are intended to be used for business purposes and not for personal, family, or household use.
1.3. Use of the Services for Clients are possible only if the Clients coordinate with the Merchants and financial partners MoneyGo.
1.4. MoneyGo is not a bank or financial institution and does not provide investment or financial advice or consulting services to the Users. MoneyGo solely acts as the provider of the Services. No communication or information provided to the User by MoneyGo shall be considered as advice.
1.5. Your use of the Services must comply with these Terms, all applicable laws, regulations and ordinances.
1.6. You may not use the Services if You are a person barred from using the Services under the laws of Your country, including the country in which You are resident or from which You use the Services, or international laws or treaties.
1.7. The Services are accessible 24 hours per day, 7 days per week. However, MoneyGo reserves the right, without providing notice or compensation, to the User to temporarily suspend the Services in order to carry out works including, but not limited to: updates, maintenance operations and amendments to the servers, etc. You understand and acknowledge that any delays in the Services are possible.
1.8. The Services are evolving and You may be required to accept or install updates to the Services, or update third party software (i.e., browsers or OS) in order to keep using the Services or access their latest features. MoneyGo may update the Services at any time, without providing notice or without disclosing the reason. If You don’t accept or install any necessary updates, the Services may be unavailable to You and MoneyGo is not responsible for any loss or damages.
1.9. You must provide all equipment and software necessary to use the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that You incur when accessing or using the Services. In no case shall MoneyGo warrant that Services are interoperated with Your equipment and software.
1.10. MoneyGo has no control over, or liability for, the delivery, quality, safety, legality or any other aspects of any goods or services that You offer as a Merchant or that You may purchase as a client using the Service. MoneyGo shall not be responsible for ensuring that a party You transact with will complete the transaction. If You (as a client) have any problem with products/goods or services purchased with the use of Service, or if You (as a Merchant) have a dispute with Your clients, You should resolve the dispute directly, without the involvement of MoneyGo. MoneyGo does not accept any queries, letters, requests or complaints regarding the quality, legality, safety, delivery or any other aspects of any products/goods or services that You may purchase using the Service.
2. Registration and integration
2.1. To use the Services, You must agree to all the terms of this Agreement. Merchant may begin to sell its products and services and use the Services after approval of the Account (“Account”).
2.2. Our Services are not directed to children. Access to and use of our Services is only for those over the age of 18 and who has full legal capacity. If You are Younger than this or do not have full legal capacity, You shall not use our Services. Any person who acts as a Merchant or provides his/her personal information to us while using our Services represents and warrants that he/she is 18 years of age or older.
2.3. If You are entering into these Terms on behalf of an entity, such as Your employer or the company You work for, You represent that You have the legal authority to bind, and do hereby bind, that entity to these Terms.
2.4. When You register Your Account, You shall provide us with accurate and complete registration information and specify Your cryptocurrency wallet being used to receive remuneration for Your goods/products or services in cryptocurrency. In order to register and further use an Account, You must also generate an API key that will be used to identify Your registered Account.
2.5. You are responsible for the security of Your passwords and for any use of Your account on the Website. If You become aware of any unauthorized use of Your password or of Your Account, You agree to notify MoneyGo immediately. MoneyGo will not be responsible or liable for any damages, liability or losses caused by any unauthorized use of Your Account. You may not and may not allow any third party to engage in Account sharing. You may not and may not allow any third party to buy or sell Your Account.
2.6. During registration of Account and any other time at request You agree to provide us with the information for purposes of ongoing due diligence, identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep record of such information in accordance with our AML/KYC Policy. You agree and warrant that no information You provide at any time will be false, inaccurate or misleading.
2.7. If MoneyGo cannot verify that this information is complete and accurate, Your identity cannot be validated, determined unsatisfactory, MoneyGo may deny Your use of our Service, or close Your Account, if it was previously approved. These are not all the reasons an Account may be declined. Your Account could be declined for compliance reasons, as well. MoneyGo may close Your Account at any time, with or without cause, with or without notice. You agree that MoneyGo may share information about You and Your Account with its processor and/or the MoneyGo financial partner. After You submit Your application, MoneyGo or its processor and/or the MoneyGo financial partner may conclude that You will not be permitted to use the Services.
2.8. In order to use Service as a Client, You shall have Your wallet, accessible for You only. After determining the currency of payment and payable amount, MoneyGo shall generate the deposit address for such specific transaction. The transfer of funds from the wallet to the generated deposit shall be made solely by the Client, so that MoneyGo shall not be responsible for such transfer and shall not guarantee that the Client will complete such transaction.
2.9. You also agree that MoneyGo is permitted to share information about You and Your application (including whether You are approved or declined), and Your Account with the financial institution. This includes sharing information:
a) about Your transactions for regulatory or compliance purposes;
b) for use in connection with the management and maintenance of the Service;
c) to create and update their customer records about You and to assist them in better serving You;
d) to conduct MoneyGo's risk management process.2.10. You agree that MoneyGo may periodically obtain additional consumer reports to determine whether You continue to meet the requirements for an Account. Prohibited Activities By applying as a MoneyGo Merchant, You confirm that You will not accept payments or use the Service in any of the categories/businesses, or engage in any of the activities (as may be updated by MoneyGo financial partner and/or MoneyGo in their sole discretion from time to time).
2.11. If MoneyGo determines that You have received funds resulting from fraud or a prohibited activity, those funds may be held, voided, or returned. In addition, if MoneyGo reasonably suspects that Your Account has been used for an unauthorized, illegal, or criminal purpose, You give us express authorization to share information about You, Your Account, Your access to the Services, and any of Your transactions with law enforcement.
3. Pricing and fees
3.1. MoneyGo attempts to provide accurate price and exchange rate information, but this information is highly volatile and can change quickly without Users necessarily being aware of these changes. Our Service is available only in connection with those currencies that MoneyGo partners support and this may change from time to time.
3.2. The User shall remind that all conversion and change rates of the exchanges and any other fees (including network fee, which is charged even when currency exchange is not needed) shall be borne by the User.
3.3. The User also can contact the customer support (info@money-go.com) for more information on fees and remuneration rates.
3.4. MoneyGo may change the remuneration rates, range of such rates or payment procedure at any time. When applicable, MoneyGo may give the User advance notice of the remuneration rates or payment procedure changes (but it is MoneyGo's right, not obligation). If the User doesn't agree with the remuneration rates or payment procedure changes, the User shall not use our Services.
3.5. All fees and remuneration paid to MoneyGo for the use of the Services are non-refundable.
3.6. MoneyGo may refuse to process or cancel any pending transaction as required by law, regulation or any court or other authority to which MoneyGo is subject in any jurisdiction. MoneyGo may also reverse the right to delay any transaction if MoneyGo perceives a risk of fraud or illegal activity or refuse to process/cancel any transaction due to technological issues with applicable software or other technological reasons.
3.7. It is the User’s responsibility to determine what, if any, taxes apply to the User, and it is the User’s responsibility to report and remit the correct tax to the appropriate tax authority. The User agrees that MoneyGo is not responsible for determining whether taxes apply to the User or for collecting, reporting, withholding or remitting any taxes arising from any transactions.
4. Term and termination
4.1. This Agreement governs Your relationship with MoneyGo and becomes effective when You click “I Agree” (“Effective Date”) and is accepted by MoneyGo. It shall continue indefinitely unless and until terminated by either party.
4.2. If You close the Account, You will be responsible for all fees assessed in the month of closure. If either party terminates this Agreement during the first two years (24 months), a termination fee may be assessed and electronically debited from the merchant's Account.
4.3. When You close Your Account, any pending transactions may be canceled.
4.4. MoneyGo may terminate this Agreement and close Your Account for any reason or no reason at any time upon notice to You. MoneyGo may also suspend the Service and instruct the MoneyGo financial partner to suspend access to Your Account (including the funds in Your Account) if You:
a) have violated the terms of MoneyGo's policies or this Agreement;
b) pose an unacceptable any risk or fraud risk to us (including but not limited: using of the worms, bots, viruses etc..) ; or
c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.
If Your Account is terminated for any reason or no reason, You agree:
a) to continue to be bound by this Agreement;
b) to immediately stop using the Service and to remove all Card Organization logos from Your website and wherever else they are displayed;
c) that the license provided under this Agreement shall end;
d) that MoneyGo reserve the right (but have no obligation) to delete all of Your information and Account data stored on our servers; and
e) that MoneyGo shall not be liable to You or any third-party for termination of access to the Service, deletion of Your information or Account data, or export of Your information or Account data.5. Dormancy
5.1. If there is no activity in Your Account (including access or any transactions) for twelve (12) months or more, MoneyGo may close Your Account with or without notice. If there is no activity in Your Account (including access or payment transactions) for the period of time set forth in the applicable unclaimed property laws, and You have a balance, MoneyGo may notify You by sending an email to Your registered email address. MoneyGo may also notify You by post.
5.2. If You have not used the Merchants services and (or) You need to proceed to return funds from Your Account via another financial organization, our financial partner is entitled to request a fee for such a procedure. The amount for such a request depends on the rate of the financial partner, and You will be notified via our system before closing your Account.
6. Intellectual property rights
6.1. This Agreement does not grant You any rights to MoneyGo's trademarks or service marks, nor may You remove, obscure, or alter any of MoneyGo's trademarks or service marks included in the Service. You may choose to, or MoneyGo may invite You to, submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Feedback").
6.2. By submitting Feedback, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place MoneyGo under any fiduciary or other obligation, and that MoneyGo are free to use the Feedback without any additional compensation to You, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of Your submission, MoneyGo does not waive any rights to use similar or related ideas previously known to MoneyGo, or developed by its employees, or obtained from sources other than You.
7. Security and privacy
7.1. MoneyGo have implemented technical and organizational measures designed to secure Your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, MoneyGo cannot guarantee that unauthorized third parties will never be able to defeat those measures or use Your personal information for improper purposes. You acknowledge that You provide Your personal information at Your own risk. If You discover a security-related issue, You agree to inform us of the issue immediately by contacting MoneyGo. You also agree not to disclose the issue until MoneyGo has addressed it. Your privacy is very important to us. By accepting this Agreement, You confirm that You have read, understood, and accepted our Privacy Policy found at https://money-go.com/en/privacypolicy.
7.2. You consent to receive communications from MoneyGo in electronic form, including communications made via the Website or Services or sent via email.
7.3. You agree and consent to receive electronically (including e-mail, SMS) and view through the Services the advertisement and promotional, service and information notifications.
7.4. E-Sign Disclosure and Consent Electronic Delivery By accepting this Agreement, You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, "Communications") that MoneyGo provide in connection with Your Account and Your use of the Service by posting it on our website, uploading it to Your specific MoneyGo portal, text messaging or emailing it to the address listed in Your Account.
7.5. You also agree that electronic disclosures and notices have the same meaning and effect as if MoneyGo had provided You with paper copies, whether or not You choose to view or print or download the disclosure or other notification. Such disclosures and notices are considered received by You within 24 hours of the time posted to our website, or within 24 hours of the time emailed to You unless MoneyGo received notice that the email was not delivered.
7.6. MoneyGo is permitted to share information about You and Your application (including whether You are approved or declined), and Your Account with Your Merchant or other financial institution.
7.7. This applies to sharing the following information:
a) information about Your transactions for regulatory or compliance purposes;
b) for use in connection with managing and maintaining the Service;
c) to create and update records about You as a Customer and to help such financial institution better serve You;
d) to perform MoneyGo's risk management procedures.7.8. In addition, MoneyGo may share some or all of the information about You and Your transactions with our processor, the Networks, and our other partners (and their respective affiliates, agents, subcontractors, and employees), who may use this information to perform their obligations under their agreements with MoneyGo, to operate and promote the respective financial partners, to perform analytics and create reports, to prevent fraud, and for any other lawful purpose.
7.9. Third-party Partnerships You may be offered services, products and promotions provided by third parties. If You decide to use these third-party services, You will be responsible for reviewing and understanding the terms and conditions associated with them.
7.10. You agree that MoneyGo is not responsible for the performance of these services. The website may contain links to third-party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by MoneyGo.
7.11. You agree that You access any such website at Your own risk, and that the site is not governed by the terms and conditions contained in this Agreement. MoneyGo expressly disclaims any liability for these websites. When You use a link to go from our website to another website, our Privacy Policy is no longer in effect.
7.12. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website's own rules and policies.
7.13. Merchant, You understand that MoneyGo financial partners may require a direct agreement with You the terms of which will be independently enforceable by MoneyGo financial partners.
7.14. By agreeing to this Agreement (by "click through" or otherwise), You also agree to the terms and conditions of the Merchant Services Agreement for Merchant, which constitutes a legal binding contract between You and the financial partner, whichever one applies and it’s designated.
8. Indemnification
8.1. You will indemnify, defend and hold us and our processors and partners harmless (and our and their respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a third-party person or entity that arises out of or relates to:
a) any actual or alleged breach of Your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our policies or the Rules;
b) Your wrongful or improper use of the Service;
c) any transaction submitted by You through the Service (including without limitation the accuracy of any product information that You provide or any claim or dispute arising out of products or services offered or sold by You);
d) Your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights;
e) Your violation of any Applicable Law, rule or regulation of the United States or any other country;
f) any other party's access and/or use of the Service with Your unique username, password or other appropriate security code.9. Exclusion of warranties
9.1. The service is provided on an "as is" and "as available" basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
9.2. No advice or information, whether oral or written, obtained by you from MoneyGo or through the service will create any warranty not expressly stated herein.
9.3. Without limiting the foregoing, MoneyGo, its processors, its providers, its licensors, and its financial partners (and their respective subsidiaries, affiliates, agents, directors, and employees) do not warrant that the content is accurate, reliable, or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components.
9.4. MoneyGo does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the service or any hyperlinked website or service, or featured in any banner or other advertising, and MoneyGo will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
9.5. All third-party hardware and other products included or sold with the service are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product.
9.6. For service, support, or warranty assistance, you should contact the manufacturer or distributor directly. MoneyGo makes no warranties, express or implied, with respect to such third-party products, and expressly disclaims any warranty or condition of merchantability, non-infringement, or fitness for a particular purpose.
9.7. To the maximum extent permitted by applicable law, in no event shall MoneyGo, its processors, suppliers, licensors, associations, or MoneyGo financial partners (or their respective affiliates, agents, directors, and employees) be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of the service. Under no circumstances will MoneyGo be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the service or your MoneyGo account or the information contained therein.
9.8. In no event will MoneyGo be liable for any incidental, consequential, or cover damages arising out of your use of or inability to use third-party products or any amount in excess of the amount paid by you for the product that gives rise to any claim.
9.9. To the maximum extent permitted by applicable law, MoneyGo, its processors, and MoneyGo financial partners (and their respective affiliates, agents, directors, and employees) assume no liability or responsibility for any: a) Errors, mistakes, or inaccuracies of content; b) Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the service; c) Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; d) Any interruption or cessation of transmission to or from the service, or any delay in performing our obligations under this agreement, regardless of whether the failure or delay is caused by an event or condition beyond our control; e) Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the service by any third-party; f) Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or g) User content or the defamatory, offensive, or illegal conduct of any third-party.
9.10. In no event shall MoneyGo, its processors, agents, suppliers, licensors, card organizations, or MoneyGo financial partners (or their respective affiliates, agents, directors, and employees) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount of fees earned by us in connection with your use of the service during the three (3) month period immediately preceding the event giving rise to the claim for liability.
9.11. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if MoneyGo has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
10. Force majeure
10.1. MoneyGo shall not be responsible for delays, non-performance, damages, lost profits, or other losses caused directly or indirectly by any Act of God, including without limitation fires, earthquakes, tornadoes, hurricanes, wars, pandemic, labor disputes, communication failures, legal constraints, power outages, data transmission loss or failure, incorrect data transmission or any other event outside the direct control of MoneyGo.
11. Governing law and dispute resolution
11.1. This Agreement and any Dispute (defined below) will be governed by Nevis law, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction.
11.2. If a Dispute of any kind arises, MoneyGo wants to understand and address Your concerns quickly and to Your satisfaction, please contact MoneyGo with any Dispute. Unless otherwise required by law, an action or proceeding by You relating to any Dispute must commence within one year after the cause of action accrues. For more information on the complaints process, please visit: info@money-go.com.
11.3. If MoneyGo cannot resolve Your concerns, MoneyGo agrees to an informal Dispute resolution process required with the CEDRAC Arbitration Rules. You and MoneyGo further agree that:
a) The appointing authority shall be the CEDRAC Court;
b) The number of arbitrators shall be one;
c) The place of arbitration shall be Nicosia, Cyprus;
d) The language to be used in the arbitral proceedings shall be English.11.4. In this regard, You and MoneyGo agree to arbitrate all "Disputes," defined as any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory or any other legal theory) between You and MoneyGo, including but not limited to any claims relating in any way to this Agreement (including its breach, termination and interpretation), any other aspect of our relationship, MoneyGo advertising, and any use of MoneyGo software or Services.
11.5. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
12. Miscellaneous
12.1. In the event of a conflict between this Agreement and any other MoneyGo agreement, the signed partnership agreement shall prevail.
12.2. If any of the provisions of these Terms is invalidated, it does not affect the validity or applicability of the remaining provisions of these Terms, headings and summaries are included for convenience only and shall not be considered in interpreting this Agreement.
12.3. The Agreement does not limit any rights that MoneyGo may have under trade secret, copyright, patent, or other laws. MoneyGo's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
12.4. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement shall survive and remain in effect in accordance with its terms upon the termination of this Agreement.
12.5. Nothing in these Terms shall be construed as creating a joint venture, an agency relationship or a legal partnership between MoneyGo and the User.
12.6. Appeals, proposals and claims of individuals and legal entities to MoneyGo related to the operation of the Services, violations of the rights and interests of third parties, requirements of the legislation, as well as for requests of persons authorized by the legislation may be sent to the email address: info@money-go.com.
12.7. MoneyGo may assign its rights and obligations under these Terms to third parties without consent of the User.
12.8. MoneyGo has the right to involve third parties for the fulfillment of its obligations.
12.9. Your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by You without MoneyGo's prior written consent.
12.10. These Terms are the final, complete and exclusive agreement of the User and MoneyGo with respect to the subject matter hereof and supersedes and merges all prior discussions between the User and MoneyGo with respect to such subject matter.