Dated 1st of July 2019 – Effective immediately for new users.
Monese Ltd (“Monese”) is a business registered in the United Kingdom with company number 8720992 and head office at 85 Great Portland Street, London, W1W 7LT. Monese Ltd is a registered agent of PrePay Technologies Ltd (“PPS”) which is an electronic money institution authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (900010) for the issuing of electronic money and payment instruments. Your Monese Card and any e-money issued to you is issued by PPS pursuant to a licence granted by Mastercard International. This Agreement is between us and you, the Monese Account Holder. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. Your Monese Account and Monese Card may be distributed by a third party on our behalf.
Please read this Agreement carefully before using your Monese Account or activating your Monese Card or using any of our services. This information forms the Agreement for your Monese Account including any associated Monese Card and payment services that we may provide to you. By confirming that you accept the terms of this Agreement, or by using your Monese Account or activating your Monese Card and/or using our services, you accept this Agreement. If there is anything you do not understand, please don’t hesitate to contact Customer Services using the contact details in paragraph 21 of this Agreement.
Defined Terms
A list of all defined terms used in this Agreement can be found at paragraph 22 below.
For Monese UK Account:
Subject to any further risk assessment requirements, on opening a new account, Monese Account Limits are set out in the table below. Please note that it may be necessary for us to set lower Monese Account Limits than those set out below. We can also change limits at our discretion at any time to comply with our regulatory obligations and to reduce the risk of financial crime. In the event that we lower Monese Account Limits, if we are able to, we will notify you of the revised Monese Account Limits applicable to your Monese Account.
When applying for a Monese Account after July 1, 2019 or you've opened a Monese account before July 1, 2019 without selecting a price pricing plan before July 1, 2019 you can choose a like package between Simple, Classic and Premium in the Monese App and can change between your package, according to the conditions detailed below.
STARTER/SIMPLE | PLUS/CLASSIC | PREMIUM | |||||
---|---|---|---|---|---|---|---|
Monese Account Maximum Balance | £ 40,000 | £ 40,000 | £ 40,000 | ||||
Minimum | Maximum | Minimum | Maximum | Minimum | Maximum | ||
Cash top-up via Post Office | Per transaction | £5 | £500 | £5 | £500 | £5 | £500 |
Cash top-up via PayPoint | Per transaction | n/a | £249 | n/a | £249 | n/a | £249 |
Per day | n/a | £500 | n/a | £500 | n/a | £500 | |
Per week | n/a | £2,500 | n/a | £2,500 | n/a | £2,500 | |
Per month (30 days) | n/a | £5,000 | n/a | £5,000 | n/a | £5,000 | |
Top up via debit card | Daily | £10 | £300 (total of 2 top-ups) | £10 | £300 (total of 2 top-ups) | £10 | £300 (total of 2 top-ups) |
Monthly | £10 | £600 (total of 10 top-ups) | £10 | £600 (total of 10 top-ups) | £10 | £600 (total of 10 top-ups) | |
Incoming UK Faster Payment | Per transaction | n/a | £ 40,000 | n/a | £ 40,000 | n/a | £40,000 |
Per day | n/a | £ 40,000 | n/a | £ 40,000 | n/a | £40,000 | |
Incoming UK BACS payment | Per transaction | n/a | £ 40,000 | n/a | £ 40,000 | n/a | £40,000 |
Per day | n/a | £ 40,000 | n/a | £ 40,000 | n/a | £ 40,000 | |
Card purchases | Per transaction | £ 4,000 | £ 4,000 | £ 4,000 | |||
Per Day | £ 7,000 | £ 7,000 | £7,000 | ||||
Cash withdrawal via ATM | Per day | £300 | £300 | £300 | |||
Outgoing UK Faster Payment | Per day | £ 40,000 | £ 40,000 | £ 40,000 | |||
Outgoing UK Direct Debit payment | Per day | £ 40,000 | £ 40,000 | £ 40,000 |
For all customers holding a Monese Personal Eurozone Account:
When applying for a Monese Account after July 1, 2019 or when opened Monese account before July 1, 2019 but not selecting price plan before July 1, 2019), you can choose your package between Simple, Classic and Premium that is right for you in the Monese App and can change between your package, according to the conditions detailed below.
STARTER/SIMPLE | PLUS/CLASSIC | PREMIUM | |||||
---|---|---|---|---|---|---|---|
Monese Account Maximum Balance | €10,000 | €50,000 (€10,000 in France) | €50,000 (€10,000 in France) | ||||
Minimum | Maximum | Minimum | Maximum | Minimum | Maximum | ||
Incoming SEPA transfer | Per transaction | n/a | €50,000 (€10,000 in France) | n/a | €50,000 (€10,000 in France) | n/a | €50,000 (€10,000 in France) |
Per day | n/a | €50,000 (€10,000 in France) | n/a | €50,000 (€10,000 in France) | n/a | €50,000 (€10,000 in France) | |
Card purchases | Per transaction | €4,000 (€3,000 in France) | €4,000 (€3,000 in France) | €4,000 (€3,000 in France) | |||
Per day | €7,000 | €7,000 | €7,000 | ||||
Cash withdrawal via ATM | Per day | €350 | €350 | €350 | |||
Per month | €1,000 in France only | €1,000 in France | €1,000 in France | ||||
Outgoing SEPA transfers | Per transaction | €3,000 in France | €3,000 in France | €3,000 in France | |||
Per day | €50,000 (€10,000 in France) | €50,000 (€10,000 in France) | €50,000 (€10,000 in France) | ||||
Top up via debit card | Daily | €10 | €300 (total of 2 top-ups) | €10 | €300 (total of 2 top-ups) | €10 | €300 (total of 2 top-ups) |
Monthly | €10 | €600 (total of 10 top-ups) | €10 | €600 (total of 10 top-ups) | €10 | €600 (total of 10 top-ups) | |
Top up via sofort | Daily | €10 | €300 | €10 | €300 | €10 | €300 |
Monthly | €10 | €600 | €10 | €600 | €10 | €600 |
Type of Transaction | Timescale |
---|---|
An outgoing transaction from pound sterling to euro or vice versa | If your payment order is received by us by 2pm on a Working Day the payment will be made by the end of the next Working Day |
Any other outgoing transaction | If your payment order is received by us by 2pm on a Working Day the payment will be made by the end of the fourth Working Day |
Incoming payment | Funds will be added to your Monese Account the same Working Day we receive the funds |
SIMPLE | CLASSIC | PREMIUM | |
Core fees | |||
Monese Account opening | Free | Free | Free |
First physical Monese Card with your Monese UK Account or Monese Eurozone Account | Free (free standard delivery) | Free (free standard delivery) | Free (free standard delivery) |
Second physical Monese Card with your Monese UK Account or Monese Eurozone Account | Free (free standard delivery) | Free (free standard delivery) | Free (free standard delivery) |
Card replacement (in case of being lost/stolen or expired) | Free (free standard delivery) | Free (free standard delivery) | Free (free standard delivery) |
Real time transfers between Monese Accounts | Free Free (no currency exchange fee applied) | Free (no currency exchange fee applied) | Free (no currency exchange fee applied) |
Outgoing domestic transfers | Free | Free | Free |
Outgoing International Payments from the Monese App | Your money is converted at the wholesale exchange rate plus the currency exchange fee displayed in the app before the payment is confirmed (currency exchange fees start from 2% of transaction value, minimum £2 / €2) | Your money is converted at the wholesale exchange rate plus the currency exchange fee displayed in the app before the payment is confirmed (currency exchange fees start from 0.5% of transaction value, minimum £2 / €2) | Your money is converted at the wholesale exchange rate |
Direct Debit (available for Monese UK Account only) | Free | Free | Free |
Apple/Android pay | Free | Free | Free |
Purchases with Monese Card currency | Free | Free | Free |
Incoming bank transfer | Free | Free | Free |
EEA Consumer Debit Card top-up | Free | Free | Free |
International Debit Card top-up | Free | Free | Free |
Foreign Currency Spend Limit (Monese Card only) | £2000 / €2000 | £8000 / €8000 | Unlimited allowance |
Monese Card purchases in foreign currency (i.e. non-pounds sterling / non-euro) including:
| Free within allowance Mastercard wholesale exchange rate | Free within allowance Mastercard wholesale exchange rate | Free within allowance Mastercard wholesale exchange rate |
Fee applicable once Foreign Currency Spend Limit detailed above is exceeded | 2% per Transaction | 2% per Transaction | n/a |
ATM & top-up Limit The allowance is shared between transaction types mentioned below The allowance is shared between Monese UK Account and Monese Eurozone account | £200 / €200 | £800 / €800 | n/a |
Top-up made via Sofort | Free within allowance | Free within allowance | Free |
ATM withdrawals worldwide | Free within allowance | Free within allowance | Free |
Cashback cash withdrawal in store (available for Monese UK Account only) | Free within allowance | Free within allowance | Free |
Post Office cash load (available for Monese UK Account only) | Free within allowance | Free within allowance | Free |
PayPoint cash load (available for Monese UK Account only) | Free within allowance | Free within allowance | Free |
Fee applicable once ATM & top-up Limit detailed above is exceeded | 2% per Transactions | 2% per Transactions | n/a |
Other fees | |||
Checking your balance and transactions in App | Free | Free | Free |
Locking and unlocking Monese Card | Free | Free | Free |
Money Management Features | Free | Free | Free |
E-mail alerts, mobile notifications, in-App and SMS messages | Free (standard operator SMS charges may apply) | Free (standard operator SMS charges may apply) | Free (standard operator SMS charges may apply) |
Monese Customer Service | Free | Free | Free Priority Service |
FEES (Before July 1, 2019)
STARTER | PLUS | PREMIUM | |
Core fees | |||
Monthly fee | Free | £4.95 / €4.95 for operating any number of Monese Accounts (for example if you hold a Monese Plus UK Account and Monese Plus Eurozone Account as well, you will only pay £4.95 / €4.95 in total). After paying your first monthly fee when joining Monese Plus UK there is no monthly fee payable if your account does not contain funds. | £14.95 / €14.95 for operating any number of Monese Accounts (for example if you hold a Monese Premium UK Account and Monese Premium Eurozone Account as well, you will only pay £14.95 / €14.95 in total). After paying your first monthly fee when joining Monese Premium UK there is no monthly fee payable if your account does not contain funds. |
Monese Account opening | Free | Free | Free |
First physical Monese Card with your Monese UK Account or Monese Eurozone Account | Free (£4.95 / €4.95 delivery fee applies) | Free (free standard delivery) | Free (free standard delivery) |
Real time transfers between Monese Accounts | Free (subject to 1% currency exchange fee applied on top of wholesale rate) | Free (no currency exchange fee applied) | Free (no currency exchange fee applied) |
Domestic and global transfers | Free (subject to currency exchange fee, please see below) | Free (subject to currency exchange fee, please see below) | Free |
Direct Debit (available for Monese UK Account only) | Free | Free | Free |
Apple/Android pay | Free | Free | Free |
Purchases with Monese Card | Free | Free | Free |
Incoming bank transfer | Free | Free | Free |
EEA Consumer Debit Card top-up | Free | Free | Free |
International Debit Card top-up | Free | Free | Free |
Top-up via Sofort | Free | Free | Free |
ATM withdrawals | £1 / €1 per ATM withdrawal (subject to currency exchange fees, please see below) | 6 free transactions in your monthly fee period from all your Monese Accounts combined (£1 / €1 per withdrawal from 7th transaction. Subject to currency exchange fees, please see below). | Free |
Cashback cash withdrawal in store (available for Monese UK Account only) | Free | Free | Free |
Checking your balance and transactions in App | Free | Free | Free |
E-mail alerts, mobile notifications, in-App and SMS messages | Free | Free | Free |
Closing your Monese Account | Free | Free | Free |
Locking and unlocking Monese Card | Free | Free | Free |
Monese customer service | Free | Free | Free Priority Service |
Post Office cash load (available for Monese UK Account only) | 2% (minimum £2) | £1 | Free |
PayPoint cash load (available for Monese UK Account only) | 3.50% (minimum £3) | 2.50% (minimum £1) | Free |
Other fees | |||
Additional/lost/family physical Monese card | Free ( £4.95 / €4.95 standard delivery fee applies) | Free ( £4.95 / €4.95 standard delivery fee applies) | Free |
Money Management Features | Free | Free | Free |
Currency exchange on using the Monese Card for ATM withdrawals and purchases in foreign currency (i.e. non-pounds sterling / non-euro) | Mastercard wholesale exchange rate plus 2% of the transaction value (minimum £2 / €2 on ATM withdrawals) | Mastercard wholesale exchange rate plus 0.5% of the transaction value | Mastercard wholesale exchange rate |
Currency exchange on outgoing International Payments from the Monese App | Your money is converted at the wholesale exchange rate plus the currency exchange fee displayed in the app before the payment is confirmed (currency exchange fees start from 2% of transaction value, minimum £2 / €2) | Your money is converted at the wholesale exchange rate plus the currency exchange fee displayed in the app before the payment is confirmed (currency exchange fees start from 0.5% of transaction value, minimum £2 / €2) | Your money is converted at the wholesale exchange rate |
For residents of Ireland please note an additional tax for cash withdrawals is incurred. We debit this amount retrospectively from your account for the preceding year.
We may block or stop your Monese card if: We believe this is necessary for security reasons,
Account Information Services – An online service which provides consolidated information on accounts held by you with one or more payment service providers such as banks.
Account Information Services Provider – A third party payment service provider which is authorised by its Regulator to provide Account Information Services to you with your explicit consent and under a separate agreement which you have signed with them.
Agreement - This agreement as varied from time to time.
ATM - Automated Teller Machine, otherwise known as a cash machine.
Authorised Third Party Provider – Includes Account Information Service Provider and/or Payment Initiation Service Provider.
Available Balance - The value of funds available on your Monese Account to use.
BACS Credit – Means UK BACS Direct Credit, a payment service applicable to Monese UK Accounts that enables a payment to be made into an account which normally takes 3 Working Days for the funds to be cleared.
Cardholder – A Monese Account Holder to whom a Monese Card is issued.
Card Number - The 16-digit number on the front of your Monese Card.
Contactless - A payment feature that enables Cardholders to pay by tapping the Monese Card on a point-of-sale terminal reader for transactions of up to £30 for Monese UK Card and up to €50 for Monese Eurozone Card (limit may vary from country to country and amended from time to time).
Customer Services - The team responsible for supporting queries relating to your Monese Account. Contact details for Customer Services can be found in paragraph 21. All Monese Premium Customers get priority customer support.
Direct Debit – A service allowing a third party to collect pre-authorised funds from your Monese UK Account electronically on agreed dates, for example to pay bills.
EEA - The European Economic Area, which currently includes all countries in the European Union together with Iceland, Norway and Liechtenstein.
e-money - The electronic money associated with your Monese Account.
Faster Payment – A service allowing you to make and receive electronic payments in the UK using your Monese UK Account which is received by the recipient bank within 2 hours provided that the receiving organisation or bank is part of the UK Faster Payments Scheme.
Full Deductible Amount - The full transaction amount, including the transaction itself along with any associated fees, charges and taxes.
Information – Means any personal information related to you.
International Payments – a) For Monese UK Account -outgoing payments from the Monese App in currencies other than pounds sterling, incoming payments from outside the UK and incoming payments from UK in currencies other than pounds sterling b) For Monese Eurozone Account - payments to outside the SEPA region, payments to SEPA region in currencies other than euros, incoming payments from outside the SEPA region, or incoming payments from SEPA region in currencies other than euros.
Mastercard Acceptance Mark - The Mastercard International Incorporated Brand Mark, indicating acceptance of the Monese Card.
Mastercard - Mastercard International Incorporated whose head office is at 2000 Purchase Street, Purchase, New York, 10577-2509, USA.
Merchant - A retailer, or any other person, firm or corporation that accepts cards which display the Mastercard Acceptance Mark.
Monese – Monese Limited, a company registered in England and Wales with number 08720992 who can be contacted at 85 Great Portland Street, First Floor, London, England, W1W 7LT. Monese Personal Account - The electronic account in pounds sterling (referred to as Monese UK Account) or the electronic account in euros (referred to as Monese Eurozone Account), which may have a Monese Card linked to it.
Monese Account Details – Any details related to a Monese Account, including but not limited to, Sort Code and Account Number for Monese UK Account and IBAN and BIC or SWIFT for Monese Eurozone Account.
Monese Account Holder – you, the individual entering into this Agreement with us.
Monese Account Limits – Maximum limits in relation to the Monese Account, such as Monese Account - Maximum Balance, and topping up limits as shown in paragraph 1.
Monese Account Maximum Balance – The maximum balance you can have on your Monese Account as referred to in paragraph 1.
Monese App – A smartphone App that allows you to have access to your Monese Account which is provided to you by Monese.
Monese Card – If you opt to have a card, this means any Monese Prepaid Mastercard Card associated with your Monese Account, including any additional cards.
Monese International Deposit Account – Monese account details for receiving International Payments such as Monese IBAN.
Monese Premium Customer - Customer holding a Premium tier account in any currency.
Monese Plus Customer- Customer holding a Plus tier account in any currency.
Monese Starter Customer- Customer holding a Starter tier account in any currency.
Payment Details – The details you provide to enable funds to be received into your Monese Account or the details that you provide in order to send funds from your Monese Account.
Payment Initiation Services – An online service which accesses your Account to initiate the transfer of funds on your behalf.
Payment Initiation Service Provider – An third party payment service provider which is authorised by its Regulator to provide Payment Initiation Services to you with your explicit consent and under a separate agreement which you have signed with them.
Payment Instruction – An instruction from you to make a payment from your Monese Account.
PIN - Your four digit personal identification number for use with the Monese Card.
PPS - PrePay Technologies Ltd, a company registered in England and Wales with number 04008083, with its head office at 6th floor, 3 Sheldon Square, London W26HY, which can be contacted at PO BOX 3883 Swindon SN3 9EA.
Quasi Cash – Means transactions that includes, but not limited to, purchasing travellers cheque, lottery tickets, casino gaming chips, money orders, deposits and wire transfer money orders.
SEPA Credit Transfer – is a non-urgent euro payment debiting a euro account and crediting another euro account in the SEPA zone.
Regulator – Means Financial Conduct Authority in the UK or another European financial services regulator. Unique Identifier-for UK Faster Payments the name, account number and sort code of the person you wish to pay, tor a SEPA Credit transfer a name, IBAN and BIC or SWIFT code of the recipient and for an International Payment the bank account number or IBAN and BIC or SWIFT code and name of the person you wish to pay.
we, us or our - means PPS or Monese acting on its behalf.
Website – www.monese.com.
Working Day – Monday to Friday but does not include bank or public holidays in England.
you, your - The Monese Account Holder.
Mastercard is a registered trademark and the circles design is a trademark of Mastercard International Incorporated.
MONESE HUB TERMS AND CONDITIONS
PLEASE READ THESE MONESE HUB TERMS AND CONDITIONS VERY CAREFULLY
IF YOU HAVE ANY QUESTIONS, PLEASE EMAIL US AT hub@monese.com
Introduction
Monese Limited (“Monese” or ”we”, “us”, “our”) is pleased to offer you (“Monese Customer”) access to, and use of, our Monese Hub platform which is linked to an interface operated by a third party called AWIN Limited (“AWIN”), a company incorporated in England and Wales, with company number 4010229.
AWIN is an Authorised Third Party Provider as defined under the Monese Personal Account Terms and Conditions (“Monese T&Cs”)
AWIN operates and runs a marketing network of publishers and advertisers to facilitate, amongst other things, affiliate and performance marketing (“Network”).
Monese has applied to participate in the Network and market Advertisers and their Products as defined in the standard terms and conditions provided by AWIN (“AWIN T&Cs”) under which AWIN provides Monese the access to its interface, being an intranet and software platform operated by AWIN (“Interface”), which is linked to Monese Hub.
Monese Hub contains links to and information about products and services ( “the Products”) made available by third parties (“Advertisers”), who have agreed with AWIN or a AWIN group company to join the Network to run an ongoing affiliate marketing programme on the Network for the promotion of their Products in accordance with their agreement with AWIN.
Under the AWIN T&Cs, AWIN will pay Monese commissions and bonuses in respect of each approved sale, and approved lead resulting from your visit to Monese Hub and any purchase of any Products on Monese Hub, any clicks or any display of advertisements by Monese of the Advertisers reported by their tracking codes.
These Monese Hub Terms and Conditions (”Monese Hub T&CS”) (together with other documents referred to on it) (“the Monese Hub Agreement”) set out the basis on which you access, use and otherwise interact with the Monese Hub, Products and information made available via the Monese Hub (“the content”).
By accessing the Monese Hub, you are accepting and consenting to the terms contained in this Monese Hub Agreement and if you wish not to be bound by these, you should NOTaccess the Monese Hub.
From time to time we may change the terms of this Monese Hub Agreement and we shall notify you of such
changes and by continuing to access the Monese Hub you are accepting these changes to this Monese Hub
Agreement.
PLEASE SEE THE VERY IMPORTANT PROVISIONS UNDER THE FOLLOWING HEADERS:
• RESPONSIBILITY FOR THE PRODUCTS;
• THINGS YOU MUST NOT DO;
• NO WARRANTIES;
• LIABILITY.
1. Responsibility for the Products
1.1. You understand and accept that:
1.1.1. Advertisers are independent of and not in any way connected with us;
1.1.2. Advertisers are solely responsible for their respective Products and may have separate terms which apply to your use of such Products (and it is your responsibility to check these to ensure that you are comfortable with them);
1.1.3. your use of any Products is at YOUR OWN RISK and that we limit our liability to you in this Monese Hub Agreement in respect to your use of such Products.
1.2. The content, and the availability of Products on the Monese Hub, should NOT be construed as any form of:
1.2.1. advice, recommendation, endorsement or solicitation; or
1.2.2. representation, warranty or guarantee that the Products are appropriate or suitable for you.
1.3. You should obtain independent professional advice in respect to any Products you wish to use, download or otherwise interact with.
2. Things you must not do
2.1. You agree that you will not:
2.1.1. access or use the Monese Hub, Products or content for any commercial or business purposes;
2.1.2. do anything that affects the integrity or security of the Monese Hub or causes(or may cause) harm, damage or unreasonable inconvenience to other users of the Monese Hub or us;
2.1.3. gather, extract, download, reproduce, display and/or advertise on any website, other online or off-line service or otherwise, any content;
2.1.4. copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any part of the Monese Hub or content other than permitted by your Licence (as defined below);
2.1.5. reverse compile, disassemble, reverse engineer or otherwise reduce to human perceivable form all or any part of the Monese Hub;
2.1.6. access the Monese Hub or use the content in order to build a product or service which competes with our products, services, any of the Products or the Monese Hub without our prior written consent;
2.1.7. licence, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit the Monese Hub or content, or otherwise make the Monese Hub or content available to any third party; or
2.1.8. provide any feedback, software code, documentation or other material to us that is not yours or that you do not have permission to provide for us to use or publish.
3. No Warranties
3.1. We give no representations, warranties or guarantees, whether express or implied,
that:
3.1.1. the Monese Hub, Products or content will be free from errors or omissions. These
are provided “as is” and “as available” and your use of these is at YOUR OWN RISK;
3.1.2. the content is accurate, complete or up-to-date; or
3.1.3. the Monese Hub, Products or content will be secure or free from bugs or viruses.
3.2. You are responsible for configuring your information technology, computer programmes and platform in order to access the Monese Hub, Products and content.
4. Liability
4.1. We accept liability for the following:
4.1.1. if we don’t comply with our obligations under this Monese Hub Agreement to the extent and amount as determined by us;
4.1.2. in other circumstances where our liability is not able to be limited under any applicable law and nothing in this Monese Hub Agreement is intended to exclude or limit our liability in relation to this and the extent of the liability and amount as determined by us; and
4.2. Nothing in this Monese Hub Agreement shall be read as an attempt by us to limit our liability for death or personal injury as a result of our negligence or that of our employees.
4.3. We are NOT liable for any matter as far as the law allows except those above where we have accepted liability. Matters for which we are NOT liable include the following:
4.3.1. business losses (as the Monese Hub is only for domestic and private use and therefore there can be no loss of profit, loss of business, business interruption, or loss of business opportunity);
4.3.2. losses if you are unable to access the Monese Hub, Products and/or content;
4.3.3. if the device you use to access the Monese Hub, Products and/or content doesn’t work properly;
4.3.4. any loss or damage arising out of your use of, or inability to use, the Monese Hub, Products and/or content;
4.3.5. any loss or damage arising out of material, web-links, opinions or any other information made available by third parties, including Advertisers, to you via the Monese Hub;
4.3.6. losses or costs caused by abnormal and unforeseeable circumstances outside our reasonable control and our efforts to the contrary (e.g. failures caused by industrial action, problems with another system or network, third party viruses or malware);
4.3.7. where you have been fraudulent or careless or where you have breached this Monese Hub Agreement;
4.3.8. any consequential or similar types of losses from timing delays where we must comply with the law.
4.4. The Monese Hub, Products and/or content may contain links to other sites or resources provided by third parties (“Third Party Providers”). These links are provided for your information only. We have no control over the contents of those sites or resources. We assume no responsibility or liability for the content of websites linked on the Monese Hub. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
5. Intellectual Property
5.1. We grant you (to the extent we are able, it being acknowledged there may be open source or third party software in such) a non-exclusive, non-sublicensable and revocable licence, for the term of this Monese Hub Agreement, to access the Monese Hub and view the Products and content via the Monese app (we call this “your Licence”).
5.2. You accept that the Monese Hub, Products and content are protected by copyright, trademarks and other intellectual property rights owned by us or licensed to us. Except as allowed under your Licence, you may not use, copy or distribute any of the Monese Hub, Products or content for any purpose without our written permission and no other rights, title or interest in them are granted to you.
5.3. You agree that you will automatically grant us a non-exclusive, perpetual, irrevocable, royalty-free and sub-licensable licence to all intellectual property rights in:
5.3.1. any of your feedback on, or in connection with, the Monese Hub, Products, Advertisers and/or content; and
5.3.2. improvements (including ideas for improvements and software code, documentation or other material documenting improvements) to the Monese Hub, that you make publicly available to us, including through our websites, the Monese Hub or on any other application, platform or open source repository.
6. Data Protection, Privacy and Cookie including Third Party Cookie Information
6.1 You agree, acknowledge and confirm that you have read carefully, understood and consent to our Privacy Notice, which is found here: https://monese.com/privacy and our Cookie Policy, which is found here https://monese.com/cookies.
6.2 You further agree, acknowledge and confirm that you have read, understood, agree with and provide your free consent to AWIN Fair Processing Notice/ AWIN Privacy Policy, which can be found here: https://www.awin.com/gb/legal/privacy-policy-gb
6.3. You further acknowledge and confirm, that you have read, understood, and provide your free consent to any cookies which may be served upon you by AWIN (“AWIN Cookies” or “Third Party Cookies”) as a result of your Click (“voluntary and intentional following of a link by you inside of the Monese Hub app”).
6.4. You further acknowledge and confirm that you have read, understood and by accepting this Monese Hub Agreement, you also provide your free consent to AWIN and other Third Party Providers to access your Monese Account (“Third Party Access”) to provide their services to you and to market their products and services to you. You should know that we have no control over how AWIN or any Authorised Third Party Provider or any Third Party Provider will use your information nor will we be liable for any loss of information after such Third Party Access.
6.5 In contrast to “normal” cookies (so-called first party cookies), which are mostly used by Monese website or Monese app itself, third party cookies are cookies from a third party such as AWIM that place their cookies on the website of another website operator. Our website and app have normal cookies as well as Third Party Cookies including those placed by AWIM. This obligation to provide information also includes information on the purpose of the cookie and how the user may prevent cookies being placed on his/her device. Please see herehttps://support.google.com/analytics/answer/6004245 for a list and description of cookies used for tracking purposes by AWIN (“AWIN COOKIE TRACKING SERVICES”). Further information on how AWIN use the cookies for their tracking services can be found on the AWIM Privacy Policy in Section 2.3.1 here: https://www.awin.com/gb/legal/privacy-policy-gb(Information on how AWIM website make use of cookies to improve visitor experience on their website).
6.6. You may alter the security settings of your browser in order to limit the use of cookies on your device. You may choose to stop your device receiving and storing cookies at all, to allow receiving and storing cookies from selected websites only, or to be notified before receiving cookies. Please note, however, that these settings may have negative effects on the usability and user guidance of websites and other online services. You may delete cookies stored to your browser at any time. Information stored in such cookies will be removed from your device.
6.7. You further agree and confirm that you understand that if you wish to revoke your free consent, at any time after accepting these terms in this Monese HubAgreement in the future, to any cookies being served upon you by AWIN as a result of your Click, you can do so by writing to the DPO (Data Protection Officer) at 85 Great Portland Street, First Floor, London, England W1W 7LT or by email at privacy@monese.com. You may also write attention of the Data Protection Officer of AWIN AG via email: global-privacy@awin.com, fax: +49(0)30 50 96 91-99 or mail: AWIN AG, Eichhornstr. 3, 10785 Berlin, Germany.
7. Access
7.1. We may, from time to time, amend the Monese Hub, Products and/or content, as well as your access to the Monese Hub, Products and/or content, at our sole discretion and without giving notice to you.
7.2. We may also suspend, withdraw, discontinue or change all or any part of the Monese Hub, Products and/or content for any reason and without notice to you.
7.3. You can decide to stop using the Monese Hub, Products or content at any time.
7.4. If you stop using the Monese Hub this Agreement will no longer apply, except for the provisions under the headings Responsibility for Products, No Warranties, Intellectual Property, Liability and General.
8. General
8.1. If we agree in writing, you can assign your rights under this Agreement or delegate your obligations under this Agreement to any person. Otherwise, you cannot do this for any reason. We may assign our rights and/or delegate our obligations under this Agreement at any time and without notice to you.
8.2. If we don’t insist that you perform your obligations under this Agreement, it doesn’t mean you don’t have to. Similarly, if we don’t enforce our rights under this Agreement, or we delay in doing so, it doesn’t mean we’ve given up those rights.
8.3. Each term of this Agreement operates separately. If any court of competent authority decides that any of them are unlawful or unenforceable, the other terms will remain in full force and effect.
8.4. This Agreement constitutes the entire agreement between you and us in relation to its subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, in relation to that subject matter.
8.5. You acknowledge that in agreeing to the terms contained in this Agreement, you have not relied upon any oral or written statements, promises, collateral or other warranties, assurances, undertakings, misrepresentations or representations that were made by or on behalf of us in relation to the subject matter of this Agreement at any time before your acceptance of this Agreement (“Pre-Contractual Statements”), other than those that are set out expressly in this Agreement. You hereby waive all rights and remedies which might otherwise be available to you in relation to such Pre-Contractual Statements (although nothing in this clause shall exclude or restrict liability of you or us arising out of pre-contract fraudulent misrepresentation or fraudulent concealment).
8.6. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) is governed exclusively by and are construed exclusively in accordance with the law of England and Wales. You and we agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
8.7. References to the word “include” or “including” (or any similar term) in this Agreement