Terms & Conditions

MONYX TERMS & CONDITIONS

 

Monyx Terms and Conditions (“Monyx T&Cs”) apply to customers (the “Customers”) of Nayax Loyalty Scheme UAB, a company organised under the laws of the Republic of Lithuania with its principal office located at Antakalnio 17, Vilnius LT-10312, Lithuania, legal entity code [code], (“Monyx”), Customers and Monyx may be referred to herein individually as a “Party” and jointly as the “Parties”.

 

1. INTRODUCTION

 

1.1.      Services provided under Monyx T&Cs shall not be considered as regulated payment services, as Monyx T&Cs are construed under limited network exclusion established in Article 3(5)(11)(a) of the Law on Payments and Article 3(k)(i) of PSD2. The Customer acknowledges that Monyx does not hold any license for regulated financial services and that Services provided by Monyx are not supervised by the Bank of Lithuania or any other financial supervisory authority.

1.2.      In case Monyx enables marketing and/or provision of regulated financial services offered by third persons on Monyx App, Monyx shall ensure that such regulated financial services are clearly separated (e.g. by using separate interfaces and presenting proper disclaimers) from nonregulated services of Monyx that fall under limited network exclusion established in Article 3(5)(11)(a) of the Law on Payments and Article 3(k)(i) of PSD2.

 

2. DEFINITIONS

 

2.1.      The capitalized terms used in Monyx T&Cs shall have the following meaning:

2.1.1.    “Applicable Law” means all applicable provisions of all laws, treaties, regulations, orders of governmental authorities and all orders and decrees of all courts and arbitrators that are applicable to the Parties.

2.1.2.    “Balance” means combined value of Prepayments and any monetary Loyalty Bonuses that the Customer holds in his/her account on Monyx App.

2.1.3.    “Business Day” means a calendar day, except Saturdays, Sundays and official holidays and days off set by the legal acts of the Republic of Lithuania, when financial institutions are normally open for business in Lithuania.

2.1.4.    “Customer” means a natural person who enters into an agreement under these Monyx T&Cs for personal, household or family purposes (i. e. consumer). To become a Customer, a natural person has to download, install Monyx App on his/her mobile phone and register there accordingly.

2.1.5.    “Data Protection Law” means any applicable data protection or privacy laws and regulations including all European Union laws and regulations implemented in the Republic of Lithuania, in particular the European Union’s General Data Protection Regulation (EU) 2016/679 (“GDPR”), and other Applicable Law.

2.1.6.    “Force Majeure Event” means any event affecting the performance by a Party of its obligations under Monyx T&Cs arising directly from an act of God, war, fire, flood, earthquake, epidemics, or storm, disruptions in the power or communication infrastructure, disruptions in payment networks, acts of terrorism, explosion, civil commotion, or industrial dispute affecting an industry or industries as a whole.

2.1.7.    “Law on Payments” means the Law on Payments of the Republic of Lithuania (as amended).

2.1.8.    “Login Details” mean personalized features that Monyx provides or makes available to the Customer to access Monyx App and to verify the validity of its use.

2.1.9.    “Loyalty Program(s)” mean consumer engagement and loyalty Programs, offered to the Customer through Monyx App, which enable the Customer to receive and spend Loyalty Bonuses and/or Participation Bonuses for purchasing Merchant’s products/services in part or in full on the Machines through Monyx App.

2.1.10.  “Loyalty Bonus(es)” mean voluntary monetary, point-based and in-kind obligation, expressed as a financial liability (e.g. bonuses and discounts) given by Merchants / Nayax and/or Monyx to the Customer in exchange for the Customer participating in certain Loyalty Program (e.g. buying a certain set of products/services at a certain time and/or place from a certain Merchant, etc.) or making a marketing action (e.g. inviting a friend to register on Monyx App, etc.).

2.1.11.  “Machine(s)” mean unattended machines operated by Merchants, connected to Nayax Group payment processing system, and participating in Monyx Network.

2.1.12.  “Merchant(s)” mean third party operators of the Machines, which offer products/services, payable for via Monyx App.

2.1.13.  “Monyx” means Nayax Loyalty Scheme UAB, a company organized under the laws of the Republic of Lithuania with its principal office located at Antakalnio str. 17, Vilnius 10312, Lithuania, legal entity code [code].

2.1.14.  “Monyx App” means Monyx vending machine app used by Customers to make purchases at the Machines operated by Merchants of Monyx Network and participation in Loyalty Programs.

2.1.15.  “Monyx Network” means a limited network of Merchants under direct commercial agreements with Monyx, construed in accordance with Article 3(5)(11)(a) of the Law on Payments and Article 3(k)(i) of PSD2 (i. e. limited network exclusion).

2.1.16.  “Monyx T&Cs” mean these Monyx Terms & Conditions concluded between Monyx and the Customer and any annexes to these Monyx Terms & Conditions.

2.1.17.  “Nayax Group” means a group of companies, operating globally under Nayax brand name with a parent company, Nayax Ltd., providing smart payment processing solutions to the unattended industry and other related products and services. Monyx is a part of Nayax Group. Card acquiring, payment processing and settlement services provided by Nayax Group member companies and/or outsourced.

2.1.18.  “Participation Bonuses” mean voluntary obligation, expressed as a financial liability (e.g. cashback), provided by Merchants and/or Monyx to the Customer in exchange for the Customer making a certain amount of Prepayment or spending a certain amount of Prepayments in a certain geographic area or on certain Machines, buying certain products/services during a given time window or performing a certain promotional activity.

2.1.19.  “Party” or “Parties” mean (i) Monyx; (ii) the Customer; (iii) Monyx and the Customer as the context permits.

2.1.20.  “Prepayments” mean advance payments of the Customer to Monyx App for products/services sold by Merchants through Monyx App.

2.1.21.  “Privacy Policy” means Monyx policy governing the processing of personal data, which is placed on Monyx App. By accepting Monyx T&Cs, the Customer also accepts and agrees to the provisions of the Privacy Policy, as amended from time to time.

2.1.22.  “PSD2” means Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (as amended).

2.1.23.  “Services” mean the following services provided by Monyx to the Customer:

2.1.23.1.           enabling the use of Monyx App;

2.1.23.2.           enabling Prepayments to top-up Balance on Monyx App;

2.1.23.3.           enabling payments (spending of Prepayments) for purchases of products/services from Machines of the Merchants of Monyx Network;

2.1.23.4.           enabling the Customer to participate in Loyalty Programs;

2.1.23.5.           display of promotional materials, surveys and other feedback-gathering or getting-in-touch tools;

2.1.23.6.           additional services related to the services described above (e.g. currency conversion).

2.2.      In interpreting these Monyx T&Cs:

2.2.1.    all article, clause, schedule and paragraph headings in Monyx T&Cs are solely for convenience and shall not affect their interpretation;

2.2.2.    unless the context clearly indicates otherwise, words denoting one gender include all genders, words denoting individuals or persons include entities and vice versa, words used in the single include the plural and vice versa, and the words “including”, “included”, “in particular” and of any similar expression shall be construed as being by way of illustration only and not as limiting the generality of any words preceding them.

 

3. BINDING EFFECT

 

3.1.      Monyx T&Cs regulate provision of the Services by Monyx to the Customer.

3.2.      Monyx T&Cs shall constitute a legally binding agreement between Monyx and the Customer which enters into force on the date the Customer agrees to be bound under Monyx T&Cs (by checking the box online or in-app confirming such agreement or otherwise, e. g. by electronic means) and remain in force for an indefinite period of time unless terminated following the provisions set forth herein.

3.3.      Any additional terms and conditions which regulate relationship between Monyx and the Customer, that are not stated in Monyx T&Cs, as well as any additional services or products that Monyx and / or Merchants provide or make available to the Customer from time to time, not covered by Monyx T&Cs, may be subject to a separate agreement or annex executed in addition to Monyx T&Cs. In case of any conflict between Monyx T&Cs and separate agreement or annex, the terms of a separate agreement or annex shall prevail.

 

4. ABOUT THE SERVICES

 

4.1.      Services provided by Monyx enable the Customer to use Monyx App for purchasing products/services from Merchants that belong to Monyx Network and to participate in Loyalty Programs.

4.2.      Services provided under Monyx T&Cs shall not be considered as regulated payment services, as Monyx T&Cs are construed under limited network exclusion established in Article 3(5)(11)(a) of the Law on Payments and Article 3(k)(i) of PSD2. The Customer acknowledges that Monyx does not hold any license for regulated financial services and that Services provided by Monyx are not supervised by the Bank of Lithuania or any other financial supervisory authority.

4.3.      Monyx App may offer a Machine locator function which helps the Customer find Machines closest to Customer’s location. This function is dependent on Customer’s wireless service, mobile device’s GPS antenna coverage and the wireless coverage within the area in which the Customer is located at that time.

4.4.      Services are only available to participating Merchants and Machines that use Monyx designated devices and may be marked with the “Monyx” logo.

4.5.      Using the Services requires an online (Wi-Fi or cellular data) connection between the Customer’s mobile device and the Internet. The Customer is solely responsible for all costs and expenses of such connection, as specified in the Customer’s subscriber plan or contract with the relevant communication service provider (such as cellular network operator).

 

5. AGE RESTRICTION

 

5.1.      Provision of Services is intended and permitted only for Customers of 16 years of age or older. Customers under the age of 16 may not use the Services in any way.

5.2.      If the Customer is under the age of 18, then the Customer must obtain permission from Customer’s parent or legal guardian to use the Services and accept Monyx T&Cs.

5.3.      By using, accessing or registering with Monyx App, the Customer declares that he / she is 16 years of age or older. If the Customer is between the age of 16 and 18, then the Customer also declares that he / she has received parent’s or legal guardian’s permission to use the Services and accept Monyx T&Cs.

5.4.      Monyx reserves the right to terminate/close Customer’s account on Monyx App, if Monyx finds that the Customer is younger than the minimum age specified above. Monyx may request additional information to confirm the Customer’s age at any time.

 

6. REGISTRATION ON MONYX APP

 

6.1.      Use of the Services requires Customer to download and register on Monyx App. The Customer is prohibited from selling, assigning or transferring his/her Balance on Monyx App in any way, to any third party.

6.2.      When the Customer registers on Monyx App, Monyx will ask the Customer to provide Monyx with certain contact and personal details. Monyx will also ask the Customer to provide Monyx with the necessary information to enable the Customer to load Prepayments to Monyx Wallet (functionality supported by third parties). The Customer must submit only true, accurate and complete details. Provision of false, fraudulently acquired, incorrect or outdated information may prevent the Customer from registering and impair Monyx’s ability to provide the Customer with the Services, and/or contact the Customer.

6.3.      Monyx will explicitly indicate the fields for mandatory completion. If the Customer does not enter the requisite data in these fields, the Customer will not be able to register on Monyx App. Monyx will only use the Customer’s personal details in accordance with the Privacy Policy.

6.4.      The Customer must maintain the Login Details to Monyx App in absolute confidentiality and refrain from disclosing them to others. The Customer is recommended to change Monyx App password frequently, i. e. at least once every 3 (three) months, or enable additional security measures protecting his/her mobile device from unwarranted access (passphrase, fingerprint-/face-reader, etc.).

6.5.      The Customer is fully accountable for any outcome resulting from the failure to provide true, accurate and complete details in the course of the registration and for any use or misuse of Monyx App as a result of conveying Monyx App details to someone else.

6.6.      If the Customer has reason to believe that Monyx Wallet has been compromised (such as if the Customer’s mobile phone was lost, stolen, or misplaced), the Customer must notify Monyx immediately so that Monyx suspends Monyx Wallet to prevent unauthorized use of the Balance. In any event, the Customer will not be entitled to any refund for unauthorized purchases made through Monyx App.

6.7.      In case the Customer’s mobile device was stolen, lost or damaged, the Customer may transfer Monyx App, and its existing Balance, by downloading Monyx App to a new mobile device and entering the Login Details of Monyx App. The remaining Balance (if any) in Monyx App will be transferred to the Customer’s new mobile device.

6.8.      Monyx reserves the right to request additional information regarding Customer’s identity during the registration process, throughout the use of the Services, or when the Customer submits requests related to Monyx App. If the Customer fails to provide Monyx with the requested information, Monyx reserves the right to suspend or terminate/close Monyx Wallet, pursuant to Monyx T&Cs.

 

7. MAKING OF PREPAYMENTS

 

7.1.      Monyx App allows the Customer to make Prepayments to the Balance on Monyx App, for the future use at Machines, subject to Monyx T&Cs. The Customer may make Prepayments to Monyx App using one or more of Monyx’s supported payment methods (the “Payment Methods”), which presently include:

7.1.1.    electronic top-up from open-loop payment card or other payment instrument held by the Customer with an external issuer.

7.1.2.    other electronic wallets, such as PayPal, Apple Pay, AliPay, Google Pay, etc.

7.1.3.    Merchant-specific (closed-loop) payment cards (instruments), which Monyx may configure for a given geography or merchant.

7.2.      Monyx may, from time to time, and without specific notice to the Customer, add additional Payment Methods, or cease to use previously supported Payment Methods.

7.3.      Payment Methods are processed and handled through relevant third parties, such as credit or debit card service providers. Payment Methods are therefore subject to the terms and conditions of such third parties, pursuant to the Customer’s contractual relations with them. The Customer acknowledges that the third parties processing the Payment Method, may charge the Customer commission for making Prepayments on their end of the transaction. Monyx is not responsible for such commission, which is strictly within the contractual relations between the Customer and the relevant Payment Method provider.

7.4.      By associating one or more of the above Payment Methods with Monyx App, during registration to Monyx App, or thereafter, the Customer

7.4.1.    represents and warrants that the Customer is lawfully permitted to use the selected Payment Method in connection with the Services;

7.4.2.    consents to charging selected Payment Method using third party payment acquirer when Customer instructs to execute a Prepayment. As a result of this charge, the Monyx App balance would be increased by an equivalent amount, available for the Customer for later spending. This action is equivalent to the funding stage of a Digital Wallet Operator as defined by Visa and MasterCard payment card schemes;

7.4.3.    consents to reducing the Prepayment and/or Monyx App balance by the equivalent value of the purchase price of the product/service paid for using Monyx App and any foreign currency conversion or additional commission fees charged at a time. When the funds used in the payment transaction originated from earlier funding activity, this action is equivalent to the payment stage of a Digital Wallet Operator as defined by Visa and MasterCard payment card schemes;

7.4.4.    understands that Monyx depending on a geographical market, transaction size, payment instrument used and payment acquirers requirements may instead of separate funding and payment stages, as defined in ‎7.4.2 and ‎7.4.3 of these T&Cs, chose to re-transmit payment card information to Visa/MasterCard card scheme networks directly. In this case, the Monyx balance will remain unaffected and the Customer’s payment card will be charged with the specific price a given purchase the Customer initiated on the Machines. This is equivalent to a Pass-Through Digital Wallet activities, as defined by the Visa/MasterCard payment card schemes;

7.4.5.    if recurring payments or automatic top-up options are enabled by the Customer in the Monyx App, consents to automatic charging of selected Payment Method every time an earlier set minimum Monyx App balance is reached or subscription-based purchase is made by the Customer. Depending on technical factors, external acquiring partners’ and/or Payment Method issuer’s requirements, such consent may be given only once (“card-on-file”), once in a certain period of time or each time the Customer wants to charge the Payment Method. If the Customer gave a one-time consent to repeatedly charge his/her Payment Method upon his/her instruction without any additional authorization, s/he may withdraw his/her consent to charge the selected Payment Method, by removing the Payment Method details from Monyx Wallet on Monyx App.

7.5.      Monyx may require additional information from the Customer before making of Prepayments to Monyx App.

7.6.      Once the Prepayment is completed, the funds on Monyx App belong to Monyx in exchange for Monyx offering the Customer a financial obligation of equal value for products/services sold by Merchants on the Machines via Monyx Network.

7.7.      Prepayments cannot be reversed by the Customer, transferred to another Customer or third party, meaning that the Customer can only spend them for products/services sold by Merchants on the Machines via Monyx Network.

7.8.      If Prepayments were charged/consumed due to technical error on Monyx part, it will reimburse the Customer by reverting the charge and/or increasing Monyx App balance with an equivalent amount.

7.9.      If applicable rules relating to the Customer’s chosen Payment Method gives the Customer the right to cancel the charge debited to the Payment Method, and the Customer wishes to exercise that right, the Customer must contact the relevant Payment Method provider in order to do so. The Payment Method provider, and not Monyx is responsible for processing the Customer’s cancellation and refunding the Customer.

7.10.     The Customer acknowledges that the funds held on Monyx App shall not be regarded as a deposit or electronic money and Monyx does not, in any circumstances, pay any interest on the Balance held on Monyx App and does not provide any other benefits to the Customer that are typically provided for deposits or electronic money.

7.11.     Upon request, the Customer will be entitled to receive the refund or reimbursement for any Balance available in Monyx App in the event of its closure, even if the remaining Balance is insufficient to cover the price of any purchasable product on any Machine. Monyx may charge redemption or fund transfer fees, applicable at the time.

7.12.     Prepayments loaded to the Balance on Monyx App will be available for the Customer’s use for a period of 5 (five) years from the last date of any use of Monyx App. Upon the lapse of this period, the Customer irrevocably relinquishes and waives any rights in and to such Prepayments, and will not be able to use them for any purchase or obtain a refund for them, Monyx App balance will be nullified.

7.13.     Upon uninstallation of Monyx app and receipt of an explicit Customer’s request, a given Prepayment operation may be reimbursed (reverted) not later than 6 months after its successful execution.

 

8. LOYALTY PROGRAMS

 

8.1.      Loyalty Programs are joint Programs that may be offered to Customers by specific Merchants and/or Monyx through Monyx App.

8.2.      The Customer may check the available Loyalty Programs and the detailed and up-to-date list of Merchants and Machines, where specific Loyalty Programs apply, on Monyx App.

8.3.      Participation in a specific Loyalty Program shall be subject to the rules provided on Monyx App. Monyx and/or Merchants may, from time to time, without specific notice to the Customer, change the existing rules of Loyalty Programs.

8.4.      The Customer acknowledges that Monyx and/or the Merchants may choose at any time, without specific notice to the Customer, to discontinue existing Loyalty Programs in full or in part.

8.5.      As a result of participating in Loyalty Programs through Monyx App, Customers may receive Loyalty Bonuses, Participation Bonuses offered by Merchants and/or Monyx:

8.5.1.    Loyalty Bonuses may be expressed in the form of financial, point-based or in-kind obligations of Merchants and/or Monyx with respect to the Customer (e.g. bonuses or discounts);

8.5.2.    Participation Bonuses may be expressed in monetary form as a percentage fraction of the value spent by the Customer on a certain purchase / Prepayment, which would be returned to the Customer (e.g. cashback) after the purchase.

8.6.      Monetary Loyalty Bonuses and Participation Bonuses associated with Loyalty Programs may be redeemable for cash through Monyx App.

8.7.      The Customer acknowledges that the monetary value of Prepayments, Loyalty Bonuses and Participation Bonuses may be summed up and shown as a single value in Monyx App. In-kind and/or point-based Loyalty Bonuses (e.g. “buy 2 and get 1 free” offers, etc.) shall not be summed and can only be utilized on specific Machines operated by specific Merchant(-s).

 

9. PAYMENTS AT THE MACHINES

 

9.1.      The Customer may use Balance, Loyalty Bonuses and Participation Bonuses for purchases only at participating Machines of the Merchants of Monyx Network.

9.2.      The Customer is solely responsible for the choice of products/services that the Customer wishes to purchase and the Machine that the Customer wishes to purchase at. The Customer must accurately follow the instructions provided to the Customer by the Merchant, Monyx App, on or by the Machine.

9.3.      By selecting a product/service on a Machine, the Customer agrees to pay the price indicated on the Machine for that product/service. Payment is made using Monyx App. When the Customer initiates a purchase using Monyx App, the total sum of Loyalty Bonuses, Participation Bonuses and/or Prepayments is reduced by the equivalent price of the product/service purchased at the Machine of the relevant Merchant of Monyx Network. Similarly, when the Customer initiates an in-kind purchase (e.g. uses an in kind coupon), the in-kind obligation (coupon) is used-up (terminated) by Monyx upon release of the purchased product/service at the Machine.

9.4.      Loyalty Bonuses and Participation Bonuses have a precedence over Prepayments made by the Customer. When the Customer pays for any products at the Machines of Merchants on Monyx Network, first any available Loyalty Bonuses and Participation Bonuses are used (spent) and when used up fully, valid earlier made Prepayments are used (spent).

9.5.      In case the Customer does not have sufficient funds in Monyx App to purchase a desired product, an alert will appear on Monyx App and/or in Monyx’s designated device on the Machine. The Customer will not be allowed to purchase a product if the Customer does not have sufficient Balance in Monyx App. The Customer is not entitled to be extended a credit and may not spend funds in excess of the Balance in Monyx App.

9.6.      Some Merchants may charge the Customer a commission or surcharge that may increase the price of the purchased product. Indication of such commission or surcharge will appear on the Machine’s screen prior to the transaction.

9.7.      If applicable consumer protection laws give the Customer the right to cancel the purchase and receive a refund, and if the Customer wishes to exercise that right, the Customer must contact the Merchant in order to do so. The Merchant is responsible for processing the Customer’s cancellation and refunding the Customer. The Customer is not entitled to receive a refund from Monyx for successful purchases made through Monyx App.

9.8.      The Customer acknowledges that the Services provided by Monyx in connection with the Merchants and the Machines do not constitute a recommendation by Monyx of any Merchant, Machine or product/service offered by them, or encouragement to purchase any product/service offered by any Merchant or on any Machine, and that Monyx is not responsible for the suitability of any particular product to the Customer, or to the quality, merchantability, or fitness for a particular purpose of any product provided by merchants.

9.9.      In an event of a damaged product being dispensed or no product dispensed by the Machine after the completion of the purchase process, the Customer must contact the Merchant directly. Monyx is not responsible for the quality of the products vended or improperly vended through the Machine, and the Customer is not entitled to any refund from Monyx in connection with any damaged product vended or improperly vended through a Machine.

9.10.     The Merchants bear full and sole responsibility with respect to the Machines and their respective products, including without limitation in respect of product liability or consumer protection claims. Any communications, dealings or purchase transactions that the Customer makes through the Machines, or with Merchants, are made strictly between the Customer and such Merchants. Monyx is not a party and does not assume any responsibility or liability with respect to such communications, dealings or purchase transactions. The Customer hereby releases and agrees to hold Monyx harmless from any and all causes of action and claims of any nature resulting from the Customer’s activities and communications with the Merchants.

9.11.     In case of any malfunction of Monyx App or Monyx designated device on the Machines (if any) within Monyx Network, the Customer must contact Monyx directly. In the even the Customer were charged as a result of such malfunction, upon completion of an investigation regarding such malfunction, Monyx shall refund the Customer (if Monyx satisfies the Customer’s claim for refund) by increasing the total Balance in Monyx App on Monyx App and/or providing or restoring the relevant Loyalty Bonuses or Participation Bonuses.

 

10. PREPAYMENT AND SPENDING LIMITS

 

10.1.     The Customer, residing in European Economic Area, acknowledges that the total sum of Prepayments, Loyalty Bonuses and Participation Bonuses at any point in time, nor the turnover (total spending amount) of said amounts must not exceed EUR 150 per month or equivalent amount in another currency.

10.2.     Monyx shall also have the right to apply minimum and maximum limits for transactions to be made via Monyx App, i.e. set minimum/maximum Prepayment amounts and/or minimum/maximum spending amounts per each transaction.

10.3.     The Customer may check applicable limits on Monyx App upon logging into Monyx App. Monyx may, from time to time, without specific notice to the Customer, change the existing limits.

 

11. CURRENCY EXCHANGE

 

11.1.     The Prepayments, monetary Loyalty Bonuses and Participation Bonuses shall always be denominated and shown on Monyx App in a local currency of a country, where Customer resides, provided such currency is supported by Nayax. If local currency is not supported, when making Prepayments, Customer’s payment instrument shall be credited in United States Dollars (USD) and immediately converted to local currency at the exchange rate as defined in ‎11.4 of this Agreement. Consequently, the Monyx app balance would be shown and spend in local currency. Customer’s default Monyx balance currency shall be further be referred as Customer’s “Base Currency”.

11.2.     When a Customer shall make a payment in a country operating a different local currency than Customer’s Base Currency, any such payment shall encompass an automatic currency exchange from the Base Currency to the local currency, in the amount of the purchased product/service price in local currency at the exchange rate as per clause 11.5 of this Agreement.

11.3.     Monyx presently does not charge any commission, currency exchange fee nor additional currency spread for the currency exchange. However, Monyx reserves the right to introduce currency exchange fees as it deems fit in future.

11.4.     When effecting payments (or Prepayments where relevant) involving currency exchange, Monyx shall utilize the current exchange rate of a given currency available at: [URL of forex API]. Monyx reserves the right to change / update the currency exchange rate source at any time, as per clause 21.1 of this Agreement.

11.5.     Monyx is not responsible or accountable in any way for any change in value or purchasing power of Monyx App balance, arising from the change in the exchange rate of any local currency and Customer’s Base Currency or inflation of Customer’s Base Currency.

 

12. FEES

 

12.1.     Monyx shall not charge the Customer any fees for making payments through Monyx App at the Machines to purchase products/services from the Merchants of Monyx Network and/or for participation in the Loyalty Programs.

12.2.     Monyx may charge the Customers fees for offering specific Payment Methods for making Prepayments. The Customer may check applicable fees on Monyx App upon logging into Monyx App.

 

13. LICENSE

 

13.1.     Subject to Monyx T&Cs, Monyx grants the Customer a limited, revocable, non exclusive, personal, non-sub-licensable, non-transferable, non-assignable right, until the termination or expiration of Monyx T&Cs, to download and install Monyx App on a mobile device owned or controlled by the Customer, and use the Services through Monyx App in accordance with Monyx T&Cs.

13.2.     Subject to any fees or commissions that Monyx may charge the Customer for the use of the Services and to the other provisions of Monyx T&Cs, the right to download and install Monyx App, and use the Services, is granted for the Customer free-of-charge. Monyx may, however, at any time, start charging a fee for downloading, installing Monyx App, or using the Services or any of its features. In such a case, Monyx will notify the Customer beforehand and seek the Customer’s consent to those charges. If the Customer does not consent to such fees and charges, Monyx may block the Customer’s access to the Services, delete/close Monyx App, and terminate Monyx T&Cs.

 

14. ACCEPTABLE USE OF THE SERVICES

 

14.1.     The following clauses define the acceptable use of the Services. Subject to Monyx T&Cs, the Customer may use the Services, for own personal and non-commercial purposes only.

14.2.     The Customer agrees to abide by the Applicable Law and any usage guidelines that Monyx may convey from time to time. The Customer further agrees that he/she is solely responsible for all acts or omissions associated with accessing and using of the Services and the access and use of the Services by anyone on the Customer’s behalf.

14.3.     When using the Services, the Customer agrees to refrain from wilfully, or negligently:

14.3.1.  breaching Monyx T&Cs or any other applicable rules and instructions that Monyx may convey with respect to the use of Monyx T&Cs and any part thereof;

14.3.2.  interfering with, burdening or disrupting the functionality of the Services;

14.3.3.  breaching the security of Monyx App or identifying (and attempting to identify) any security vulnerabilities in it;

14.3.4.  circumventing or manipulating the operation or functionality of the Services, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in Monyx App;

14.3.5.  sending automated or machine generated queries to Monyx systems or Machines;

14.3.6.  using robots, crawlers and similar applications to collect and compile content or information from Monyx App or send data to Monyx App including for the purposes of competing with the Services, or in such ways that may impair or disrupt functionality of the Services;

14.3.7.  impersonating any person or entity, or making any false statement pertaining to the Customer’s identity or other personal information;

14.3.8.  collecting or processing personal information regarding other users of the Services;

14.3.9.  violating any Applicable Laws or any usage guidelines that Monyx may convey from time to time;

14.3.10.            using illegally acquired Payment Methods or not own Payment Methods for making Prepayments.

14.4.     The Customer may not use the Services for purchases, transactions, or for the commission of activities, that may be considered, may constitute, or may encourage conduct that would constitute, a criminal offense, give rise to civil liability or otherwise violate any Applicable Law.

14.5.     Monyx may employ technological measures to detect and prevent fraudulent or abusive use of the Services. Monyx may suspend or terminate/close Monyx App, or block Customer’s access to and use of the Services, without prior notice at Monyx’s sole discretion, if Monyx believes that the Customer is using the Services fraudulently or abusively.

 

15. MONYX APP SUSPENSION AND TERMINATION

 

15.1.     The Customer may terminate Monyx T&Cs and Monyx App at any time, by uninstalling Monyx App from all mobile devices in the Customer’s possession or control. The Customer agrees and acknowledges that upon termination/closure of Monyx App and Monyx T&Cs, the Customer irrevocably waives any and all rights in and to all prepaid and unused Balance, Loyalty Bonuses or Participation Bonuses remaining in Monyx App after inactivity period as defined in ‎7.11. In such event, the Customer will not be entitled to any refund or reimbursement of such remaining Balance, Loyalty Bonuses or Participation Bonuses.

15.2.     In addition to any remedies that may be available to Monyx under any Applicable Law, Monyx may temporarily or permanently deny, limit, suspend, or terminate Monyx T&Cs and Monyx App, prohibit the Customer from accessing the Services and Monyx App, as well as take technical and legal measures to limit and/or prevent the Customer from using the Services and Monyx App, if Monyx in its sole discretion determines that:

15.2.1.  the Customer has abused his/her rights to use the Services;

15.2.2.  the Customer has breached Monyx T&Cs or has failed to comply with Monyx’s reasonable requests for information;

15.2.3.  the Customer performed any act or omission that violates any Applicable Law;

15.2.4.  the Customer performed any act or omission which is harmful or likely to be harmful to Monyx, or any other third party;

15.2.5.  the Customer performed any illegal act, or any act or omission for the purpose of enabling, facilitating, assisting or inducing the performance of such an act;

15.2.6.  the Customer has not made any purchase, Prepayment or any other action to increase or reduce his/her Monyx App Balance, for more than 5 (five) years;

15.2.7.  the Customer deliberately submitted false information;

15.2.8.  the Customer conveyed the Login Details of Monyx App to another person or entity; or

15.2.9.  the Customer is in debt to Monyx for more than 1 (one) month.

15.3.     Upon termination of Monyx T&Cs or Monyx App, for any reason:

15.3.1.  Customer’s right to use the Services terminates and the Customer must immediately cease using the Services and uninstall Monyx App from all mobile devices in the Customer’s possession or control;

15.3.2.  Monyx reserves the right to delete all of Customer’s information and Monyx App data; and

15.3.3.  Monyx will not be liable to the Customer or any third party for termination of access to the Services or for deletion of Customer’s information or Monyx App data.

15.4.     The end of Monyx T&Cs will not affect the validity of the terms of Monyx T&Cs if according to their nature these terms are to be in force even after the end of Monyx T&Cs.

 

16. LINKS AND COMMERCIAL INFORMATION ON MONYX APP

 

16.1.     Monyx may incorporate advertisements and/or information of commercial nature on Monyx App. The source of such information may originate from Monyx, the Merchants or other third parties. If such information originates from the Merchants or other third parties, Monyx cannot guarantee its reliability or accuracy. The Customer acknowledges that the advertising of commercial content by Monyx does not constitute a recommendation or encouragement by Monyx to procure the products/services advertised. Monyx may allow advertisers to use Monyx App to conduct surveys and/or approach Customers with questions of commercial nature.

16.2.     Monyx App may contain links to content published on other websites, applications or external sources, provided by third parties. Monyx does not operate, or monitor these websites and content. The Customer may find them or the information and content posted therein to be annoying, improper, unlawful or immoral. By linking to a certain website or content, Monyx does not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. Monyx assumes no responsibility or liability for such third party websites or content, or their availability.

 

17. DATA PROTECTION

 

17.1.     For more details regarding data protection and processing, please refer to the Privacy Policy.

 

18. INTELLECTUAL PROPERTY

 

18.1.     The Customer acknowledges and agrees that any and all titles, interests and Intellectual Property Rights that exist now, and all such titles, interests and rights subsequently acquired by Monyx to Monyx App in its entirety, including without limitation to all information, content and material contained therein, are owned or licenced by Monyx and are protected by intellectual property laws and / or international treaty provisions.

18.2.     Nothing in Monyx T&Cs grants the Customer any legal rights to Monyx App in its entirety other than as necessary to enable the Customer to obtain the Services.

18.3.     The Customer acknowledges that, under no circumstances, the Customer will acquire any title or interest to any part of Monyx App or its contents. The Customer may not reproduce, store, share, distribute or use any of the information, content and material contained on Monyx App, either in whole or in part, without Monyx’s or the respective owner’s prior written consent.

18.4.     Monyx name and logos are trademarks of Monyx and / or its affiliates. Other marks, graphics, icons, names and logos used or displayed on or through Monyx App and the described or offered products or services are trademarks, trade dress and / or service marks of the Merchants, Monyx, its affiliates or otherwise are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Monyx.

18.5.     The Customer must not copy or use any of the abovementioned trademarks, trade dress and / or service marks, in whole or in part, without Monyx’s and the respective owner’s prior written consent.

 

19. CHANGES IN MONYX APP

 

19.1.     Monyx may, but is not obligated to, maintain Monyx App with periodic releases of bug fixes, code updates or upgrades. Monyx will determine, at its own discretion, the frequency and scope of such releases and the Customer will have no claim or demand against Monyx, for any of these releases or the lack thereof.

19.2.     The Customer grants Monyx his/her express consent to remotely send and automatically install on the Customer’s mobile device, without any prior or additional notice, updates, upgrades, code modifications, enhancements, bug fixes, improvements and any other form of code or settings changes in or to Monyx App, which, among other things, may change Monyx App’s settings, layout, design or display.

19.3.     Monyx may also, at any time and without prior notice, change the layout, design, scope, features or availability of Monyx App.

19.4.     Such changes, by their nature, may cause inconvenience or even malfunctions. The Customer agrees and acknowledges that Monyx does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.

19.5.     Monyx may, at any time, at its own sole discretion, discontinue or terminate the operation of Monyx App, or any part thereof, temporarily or permanently, for all users, or for certain users, and without any liability to the Customer. Monyx may also suspend the provision of the Services, in whole, or in part, for all users, or for certain users, for periodic maintenance or similar purposes, without any liability to the Customer. The Customer’s only resource, in each of these events, is to terminate Monyx T&Cs.

19.6.     The Customer acknowledges that Monyx App code may contain bugs and/or security vulnerabilities, unknown to or not fixed at the time by Monyx, which may render the Monyx App functioning improperly or presenting a way for a maleficent third party to illegally access (hack into) Customer’s mobile phone, gain access, retrieve, encrypt, change, damage or misuse his/her personal data as well as cause direct and indirect damage to Customer. The Customer hereby agrees to not hold Monyx accountable for any damage caused by third parties.

 

20. SERVICE SUPPORT, AVAILABILITY AND QUALITY

 

20.1.     Monyx may, but is not obligated to, offer technical support in connection with the Customer’s use of Services, in the format, frequency, scope and scheme that Monyx, at its sole discretion, determines from time to time. The Customer will have no claim or demand against Monyx in any matter related to provision of technical support, or for the lack thereof.

20.2.     The availability, quality and functionality of the Services depends on various factors, including software, hardware, communication networks and quality of cellular network connectivity, which are provided by third parties, at their responsibility. These factors are not fault-free and do not necessarily provide the best possible throughput or quality of service. Monyx does not warrant that the Services will operate without disruptions, errors or interruptions and/or that Services will accessible or available at all times.

 

21. AMENDMENTS TO THE TERMS

 

21.1.     Without prejudice to other provisions of Monyx T&Cs, Monyx reserves the right to unilaterally change Monyx T&Cs at any time. Changes to Monyx T&Cs are subject to at least 10 (ten) Business Days’ notice before their proposed date of application. If the Customer does not terminate his/her account and uninstall the Monyx App before the proposed date of their entry in force, the Customer will be deemed to have accepted such changes and be bound by the updated or amended Monyx T&Cs. Such changed Monyx T&Cs notice may be delivered (shown) to the Customer in the Monyx App and/or published on Monyx website.

21.2.     In the event that the Customer disagrees with the proposed changes to Monyx T&Cs, the Customer has the right to terminate Monyx T&Cs free of charge and with effect at any time until the date of their proposed date of entry into force by uninstalling Monyx App.

21.3.     The Customer is not entitled to unilaterally change, amend or alter provisions of Monyx T&Cs.

 

22. LIABILITY

 

22.1.     Without prejudice to other provisions of Monyx T&Cs that exclude or limit Monyx’s liability, Monyx shall not be liable:

22.1.1.  for any indirect damages;

22.1.2.  for the products/services that the Merchant sells, supplies, provides or receives, including without limitation for the quality, performance, safety and legality of such products/services, as well as for their actual delivery;

22.1.3.  for damages occurred due to unauthorised access to Monyx App, in case Monyx has evidence that such unauthorised access was caused by dishonesty, or gross negligence, or fraud of the Customer;

22.1.4.  for any viruses or other malware suffered by the computer or other system, software or equipment therefrom the Customer accesses and uses Monyx App;

22.1.5.  damages the Customer incurs due Monyx App malfunction or failure to operate;

22.1.6.  for damages the Customer incurs due to his/her failure to comply with the Applicable Law;

22.1.7.  for damages caused to the Customer as a result of hacking or any illegal misuse of the Monyx App by third parties.

22.2.     To the extent permitted by Applicable Law, Monyx shall be liable only due to its wilful misconduct.

22.3.     The Party shall be exempted from liability for non-performance of obligations under Monyx T&Cs if it can prove that non-performance of obligations is caused by Force Majeure Event. The Parties shall give notice to each other as soon as reasonably practicable after becoming aware of the Force Majeure Event and of its failure or likely failure to perform any of its obligations under Monyx T&Cs.

 

23. LANGUAGE

 

23.1.     The formal language of Monyx T&Cs, information and documents to be provided by the Customer under Monyx T&Cs, as well as communication between the Parties shall be English. The provisions of Monyx T&Cs in English shall prevail over any other language that may be used in the communication with the Customer (where so required). Using in communication with the Customer of any other language is exclusively for informal purposes and in no way shall alter, change or modify Monyx T&Cs.

 

24. GOVERNING LAW AND JURISDICTION

 

24.1.     Monyx T&Cs are governed by and shall be construed in accordance with the laws of the Republic of Lithuania without regard to any choice or conflict of laws rules.

24.2.     Any dispute or claim, whether contractual or non-contractual, arising out of or in connection with Monyx T&Cs, or the breach, termination or invalidity thereof, or any other issue which shall arise in relation of Monyx T&Cs, shall be referred to and finally settled by the courts of the Republic of Lithuania.

 

25. NO WAIVER

 

25.1.     Failure or delay by Monyx to exercise any right, power or remedy under Monyx T&Cs or to require or enforce strict performance by the Customer of any provision of Monyx T&Cs and any supplemental or incorporated documents or policies shall not be regarded as a waiver or relinquishment of any such right, power or remedy.

 

26. NO ASSIGNMENT

 

26.1.     The Customer may not novate, assign, transfer, sub-contract or otherwise grant any rights, obligations, claims or legal interest under Monyx T&Cs.

26.2.     Monyx reserves the right to assign the rights and obligations under Monyx T&Cs to any subsidiaries, affiliates or any third parties at any time without the Customer’s consent, provided that such an assignment will be in compliance with the requirements of Applicable Law.

 

27. SEVERABILITY

 

27.1.     The invalidity of one or more provisions of Monyx T&Cs does not affect the validity of the remainder of Monyx T&Cs. The Parties shall endeavor to replace the invalid provision with one that most closely approximates the economic purpose of the invalid provision.

 

28. CONTACT DETAILS

 

28.1.     Notifications, statements, reports and any other communications related to the Services shall be transmitted to the Customer by posting on Monyx App and/or by e-mail or phone at the Customer’s verified e-mail address or phone number.

28.2.     Customer may contact Monyx through:

28.2.1.  E-mail:  support@monyx.com

28.2.2.  Chat Support and other contact methods available in Monyx App.

28.3.     Monyx will notify the Customer about changes in the contact details of Monyx and contact tools available to the Customer.

28.4.     The Customer is required to check Monyx App and the Customer’s verified e-mail address and/or phone number regularly in order to timely be acquainted with any notifications and other communications provided to the Customer. The Customer accepts that the Customer’s failure to comply with this requirement may result in loss of notifications that may impact the Customer’s rights and obligations under Monyx T&Cs. Monyx shall not be liable for any losses or damages arising out of the Customer’s failure to comply with the above requirement.

28.5.     All communications sent by electronic means (via the Internet) and/or phone number will be done in English language and shall be deemed to be made in writing.