TERMS AND CONDITIONS
1. Scope and Definition
1.1. These Terms and Conditions govern the business relationship between you and us.
1.2. The following definitions apply:
– “We” or “Monetum” refers to MONETUM GROUP AG, a private limited company withCompany No. CHE-495.348.219 and registered address at Bahnhofplatz, 6300 Zug, Switzerland, doing business as Monetum
– “You” or the “Customer”, means the natural person or the legal person that is the contracting party of Monetum and that has successfully completed the registration process.
– “Fiat currency” means a government-issued currency that is not pegged to the price of a commodity and that is made legal tender by a government decree or fiat.
– “Virtual currency” means any electronic representation of a virtual currency that is registered on a distributed ledger technology and that can be converted into a Fiat currency though our exchange platform.
– “Services” means the exchange services provided by Monetum that allow you to convert Fiat currencies into Virtual currencies and to convert Virtual currencies into Fiat currencies or into different Virtual currencies by utilising our exchange platform.
2. Representations and Warranties
2.1. By accepting these Terms and Conditions, you represent and warrant that:
a) if you are a natural person, you: (a) are at least 18 years old and capable of discernment; (b) have legal and contractual capacity to enter into a business relationship with Monetum; (c) are not bankrupt; (d) are, and will always be, the sole beneficial owner of the assets involved in the business relationship; (e) are not national, resident, operating or having a payment account in a country that falls outside our customer acceptance policy; and (f) are not a politically exposed or sanctioned person
b) if you are the legal representative of a company desiring to open an account for such company (the “Customer”): (a) you have legal and contractual capacity to enter into a business relationship with Monetum on behalf of the Customer; (b) the Customer’s status is active and not bankrupt; (c) the Customer is not incorporated, resident, operating or having a payment account in a country that falls outside our customer acceptance policy; and (d) neither the Customer nor any involved person is a politically exposed or sanctioned person
c) you are compliant with all applicable laws and regulations, including Tax, Data Protection and Anti-Money Laundering and Counter-Financing of Terrorism laws and regulations;
d) you desire to open the account for yourself (of for the applicant company, where Customer is a company) and will only act for yourself (or for such company). This means, inter alia, that you shall neither allow access to the account to any third party nor act as intermediary, trustee or broker of any kind for any third party.
e) you have adequate and appropriate technical and organisational safeguards to protect confidential data, information and documents as to prevent unauthorised third parties from accessing the Services;
f) any funds to be exchanged are of legitimate source and origin;
g) you (or, where the Customer is a company, the company’s) wealth has been, and will always be, accumulated in a legitimate manner;
h) you (or where the Customer is a company, the company) do not operate in any illegal sector or in any very high-risk industries, including but not limited to weapons, armament manufacturers, exotic animal trade or charities, religious, political or other non-profit organisations.
i) all information, data and documents provided are true and accurate.
3. Account Opening & Closure
3.1. Monetum will open an account only upon successful completion of the registration process, which is free of charge. As a result, you must: (a) provide us with true, accurate and updated information, data and/or documents (“KYC data”) that we need to obtain to comply with the applicable AML laws and regulations and to provide our Services to you. You understand and accept that we will not open any account for you – and, if already opened, we may close your account – if you do not provide us with KYC data or you provide us with KYC data that are incomplete, inaccurate, forged or suspicious; (b) immediately provide us with additional, relevant and/or updated KYC data, either spontaneously or upon our request, as soon as any relevant data or documentation has changed. Failure to perform this duty allows Monetum to not provide the Service as well as to seek damages against you; and (c) successfully prove the ownership of your crypto wallet address in accordance with our technical procedure.
3.2. Monetum shall neither be obliged to accept you as a Customer nor to disclose any reasons for our refusal decision
3.3. You can terminate your business relationship with us at any time by contacting our customer support team. You are prohibited to create and use multiple accounts.
3.4. The provision of our Service is intended for customers that are resident in Switzerland and not for customers that, because of their nationality, residency, business location or other reasons, cannot enter into a business relationship and/or use the products and services offered by a foreign financial service provider. It may happen that some countries may require us to have a permit to advertise our Service in their countries. If you are resident outside Switzerland, you confirm that it is your responsibility to seek legal advice as to your use of our Service as well as that you are visiting our platform only and exclusively on your own initiative, without any solicitation from us.
3.5. A prospective Customer that is national of, resident of, or operating in, Iran, North Korea and US cannot open an account. Monetum also reserves the right to deny the opening of an account to a prospective customer that is national of, resident of, or operating in, any other country that is deemed too risky at Monetum’s sole discretion.
3.6 Monetum will close the account to an active Customer that is national of, resident of, or operating in, Iran, North Korea or any other country that is deemed too risky at Monetum’s sole discretion.
3.7. We are legally obliged to verify your KYC data: although we make commercially reasonable efforts to verify your KYC data as fast as possible, we cannot guarantee that delays may not occur, with the result that your account opening and/or the execution of your requested transactions may be delayed or even not carried out at all. In such cases, Monetum shall not be liable for any direct or indirect damages whatsoever resulting from a delayed, incorrect or cancelled execution of your requested transaction(s) and/or from the fact that your KYC has been not approved or has been approved with delay.
3.8. We are also legally required to keep records of transactions for 10 years starting from the day upon which your last transaction was executed.
3.9 Our KYC/AML Procedures may change from time to time depending on the regulatory and legal framework applicable to Monetum.
4. Authentication and Use of the Account
4.1. You are responsible for adopting and implementing the best technical, organisational and IT safeguards to protect your data, information and documents as to prevent unauthorised third parties from accessing the Service. This requires, inter alia, that you must keep your credentials and password strictly confidential, for example by not storing your user means of identification in your browser and by deleting all temporary files stored in your cache memory as well as your surfing history. You are solely responsible if such means of identification are communicated to, discovered or misused by a third party, and for any and all losses and damages resulting there from.
4.2. Systems, software, networks and devices on your end are outside our control and may be a vulnerability to be exploited by unauthorised third parties. You must immediately notify Monetum if you detect or suspect any irregularity on the access to the Service.
4.3. You further must immediately report any issue that you have created or that you are aware of as well as assist us to remedy such issues.
5. Transactions Requirements
5.1. You agree to carry out transactions through the Monetum exchange platform by using our adopted payment methods and our exchange procedures outlined in this Section. You can request us to exchange your funds only once we have approved your KYC and in accordance with the final displayed amount. If you transfer a different amount or if you transfer the amount before we have accepted your KYC, we will promptly refund you; however, all our administrative costs and all applicable fees charged by the involved payment service providers shall be borne by yourself. We may add, remove or amend payment methods at any time at our discretion.
5.2. It is only and exclusively your responsibility to provide us with your complete, correct and up-to-date fiat account and/or crypto wallet address.
5.3. Except for the case of fraud, we shall not be liable if a transaction is delayed or not successfully completed due to force majeure or due to fraud, negligence or any other factor relating to your sphere, such as you provide us with an incorrect or incomplete details of your fiat account or crypto wallet address, there is a technical failure of your service provider, etc. In such a case, we may charge a processing fee in addition to damage claims, if any. We shall not even be liable if a transaction is delayed or not successfully completed because your KYC is not approved or is approved but with delay.
5.4. Fiat currencies may be transferred from/to your Monetum account only to an account in your own name at a credit or financial institution that is domiciled in a reputable jurisdiction. You must disclose your data during the payment process, otherwise we cannot successfully match the payment data with your Monetum account data, thus leading Monetum to commence a manual tracking process and delaying the execution of your transaction or not executing it at all. Monetum may charge you a processing fee up to 100 CHF as well as claim damages if you engage us to remedy an alleged deficiency and it is proven that such deficiency does not exist or exists but it is not in our sphere of control.
5.5. When transferring Virtual currencies from the Monetum systems to an external blockchain, you understand and agree that as soon as the transaction appears on the external blockchain network, the transaction is completed and final and Monetum has no longer control or influence on the transaction and on the access to the involved Virtual currencies and, as a result, does not assume any liability whatsoever, including but not limited to the unsuccessful transfer, loss, deterioration or lack of access or disposal of such Virtual currencies.
5.6. When sending us your Virtual currencies from an external crypto wallet address, you understand and agree that: (a) Monetum has no control or influence on the transaction and on the access to the involved Virtual currencies and, as a result, does not assume any liability whatsoever, including but not limited to the unsuccessful transfer, loss, deterioration or lack of access or disposal of such Virtual currencies; (b) you must bear any and all transaction fees or miner-fees; (c) you must only use the addresses that are communicated by Monetum for this purpose, otherwise the Virtual currencies will not be attributed to you.
5.7. You understand and accept that the execution of transactions involving Fiat and Virtual currencies by Monetum may be subject to delay since: (a) unforeseen force majeure events and/or technical disruptions may arise; and (b) not only Monetum but also third parties (e.g., your bank) are involved in the payment chain and are subject to AML obligations requiring transaction monitoring. Except for fraud, Monetum shall not liable for such delays or non-execution of the transaction, including but not limited to direct or indirect damages or losses arising out of any changes of prices, valuations or other conditions with respect to any listed currencies.
5.8. Without any liability and in our mere discretion, we may refuse to execute or delay executing an order where: (a) the order is not made in compliance with this Section, it is not within our acceptable risk scope, or it may be linked to fraud, money laundering, terrorist financing or other criminal activities; (b) you do not cooperate with us on all compliance, KYC and operational related matters; (c) we are enforced to do so to comply with an order of courts, tax authorities or other competent bodies. In case of refusal or delay, we shall inform you as soon as reasonably practicable.
5.9. Exchange Procedures – Purchase of Virtual currencies with fiat currencies:
i. As soon as your KYC has been approved, place a purchase order on our exchange platform by inserting the desired amount and currency. Note: you must place the order before making the bank transfer to Monetum, otherwise we will have to return your funds and you may be charged all related fees (such as bank fees and our additional administrative fees, if applicable).
ii. Transfer the desired fiat currencies to Monetum from a payment account that is in your name and that is issued by a bank domiciled in a reputable jurisdiction. Make sure to include: (a) the amount equivalent to the price displayed on our exchange platform (which is already inclusive of our Service fee and the Swiss VAT, if applicable); and (b) the reason of payment. If the reason of payment is missing or incorrect, or if you send us funds from a payment account that is neither in your name nor issued by a bank that is domiciled in a reputable jurisdiction, then we will return your funds and you’ll be charged all related fees (bank fees and additional administrative fees, if applicable). If your bank deducts any fee from the amount you transfer to us, we will send you the amount of Virtual currencies that are equivalent to the amount we actually receive from your bank. If we are charged any fee for the receipt of your payment order, we will deduct such fee (including our Service fees) from amount to be paid to you in Virtual currencies.
iii. Upon receipt of funds by Monetum, we will promptly verify that: (a) the received amount matches with the amount indicated in the purchase order (Note: if the amount does not match, we will automatically adjust the equivalent in cryptocurrency within the limit of your order); (b) you sent us funds from a payment account that is in your name and issued by a bank domiciled in a reputable country; and (c) transfer – within 3 business days – the amount of Virtual currencies at the5.10. 6. 6.1. exchange rate set at the time we receive your payment to a crypto wallet address that is valid and belongs to you.
Note: unfortunately, it may take more than a business day before your bank transfers your funds to us and therefore the exchange rate may vary significantly. Since we have no control over your bank’s operations, we cannot be liable for any depreciation of your purchased Virtual currencies that arises out of your bank’s delay. In the event that you provide us with an address that is not valid or that you do not own (e.g., an ICO address) then your funds may be lost. Monetum may – at its sole discretion and without any obligation to do so – perform searches to try recover the lost Virtual currencies and you shall bear all related costs. Please notify us immediately if you have not received your Virtual currencies within 3 business days.
iv. Order cancellation. You can always cancel any purchase order, free of charge provided that we have not received any payment from your end. If you have placed the order and made the transfer, you can ask us to cancel the order by contacting our customer services team immediately and we will return your funds (you will be charged all related bank and administrative fees, if applicable). We assume no liability if the order has been processed before you have contacted us to cancel your order.
5.10 Exchange Procedures – Purchase of fiat currencies with Virtual currencies:
i. As soon as your KYC has been approved, place a purchase order on our exchange platform by inserting amount and currency.
ii. Transfer the desired amount and type of Virtual currencies, as displayed on our exchange platform (which is already inclusive of our Service fee and the Swiss VAT, if applicable), to Monetum.
iii. Upon receipt of funds by Monetum, we will: (a) promptly verify that the received amount matches with the amount indicated in the purchase order (Note: if the amount does not match, we will automatically adjust the equivalent in fiat currencies within the limit of your order); and (b) transfer – within 3 business days – the amount of fiat currencies at the exchange rate set at the time we receive your payment to a payment account that is in your name and that is issued by a bank which is domiciled in reputable jurisdiction. Note: unfortunately, it may take more than a business day before your bank receives the agreed funds from us. Since we have no control over your bank’s operations, we cannot be liable for any delay or failed transfer of your purchased fiat currencies that arises out of your bank’s delay.
iv. Order cancellation. You can always cancel any purchase order, free of charge provided that we have not received any payment from your end. If you have placed the order and made the transfer, you can ask us to cancel the order by contacting our customer services team immediately and we will return your funds (you will be charged all related bank and administrative fees, if applicable). We assume no liability if the order has been processed before you have contacted us to cancel your order.
6. Prohibited use of the Account
6.1 You must never make, or attempt to make, any activity or transaction, whether involving Fiat currencies and/or Virtual currencies, with a view to: (a) breach these Terms and Conditions; (b) commit any criminal activity including but not limited to money laundering, terrorist financing, fraud, tax fraud, market manipulation, cross-trade, short selling, illegal gambling operations, intellectual property or proprietary rights infringement, counterfeit6.2. or unauthorised goods, malicious hacking, using or distributing drugs or substances to mimic illegal drugs, or any other criminal or illegal activity in any country of the world; (c) manipulate our Services, including through the use of automated systems that contradict the typical trading behaviour of a natural person; (d) breach any regulations applicable to the involved card companies and credit or financial institutions; and/or (e) use our Services in a manner that causes damages to us and/or impairs our Services. All scenarios listed under (a), (b), (c), (d) and (e) are hereafter referred to as “Illegal Activity”.
6.2 If you have performed, or attempted to perform, any Illegal Activity, we reserve the right – immediately and without notice – to: (a) block, freeze and/or close your Account; (b) block, reverse and/or report a transaction to the competent authorities; (c) terminate the business relationship with you; (d) claim damages; and/or (e) report it to competent authorities.
7. Fees and exchange rates
7.1. Monetum will charge fees for the provision of the Service. Given that the exact fee cannot be determined in advance due to external factors (such as, the blockchain network fees), the fees displayed on our exchange platform are an estimate and may differ from the final actual fee to be borne by yourself. The final fee will be determined at the moment upon which your funds are credited to us by your payment service provider and the exchange order is actually performed.
7.2. All exchange rates, figures, fees, numbers or other publications by Monetum, wherever posted, must be considered as invitations to the Customer to provide offers for exchange and shall not be deemed to be final, binding offers or guarantees for an exchange.
7.3. We will transfer the requested Virtual currencies and Fiat currencies to you only and exclusively when the full purchase price, including all fees, expenses, outstanding amounts and/or claims are fully paid.
8. Risks
8.1. You understand and accept that there are financial and non-financial risks when using our Services and Virtual currencies in general. Some risks are identified below, however these are not exhaustive and are described only for illustrative purposes. You hereby agree to carefully assess whether your financial situation and risk tolerance is suitable for buying, selling or holding Virtual currencies. You further accept the risk that your investment through Monetum may result in a total loss and shall bear such loss or damages. It is your responsibility to seek professional advice to fully understand all risks.
8.2. Financial risks include market risk (the risk of an asset losing its value due to market changes) and liquidity risk (the risk of not finding a buyer/seller when desiring to sell/buy a Virtual currency). More precisely, the Customer should be aware that the market value of Virtual currencies is: (a) often volatile, due to small market capitalisation or the market performance for traditional investments; (b) still in an emerging phase and therefore investments in this market are often considered riskier than in more mature markets; (c) subject to a varying or non-existing regulation; and (d) undercapitalised and with fewer buyers if compared to traditional markets.
8.3. Non-financial risks include technical and operational risks (i.e. risks that are associated with inappropriate systems, technology or procedures) as well as legal and regulatory risks (i.e. risk of uncertain legal treatment or sudden change in the current regulations that may affect the Virtual currency’s holder). More precisely, the Customer should be aware that: (a) there may be a significant price fluctuations resulting in a temporary trading suspension in the event of a fork; (b) Virtual currencies highly rely on technology, and8.4. 8.5. innovations in the technology field may make existing technology old, thus affecting a Virtual currency’s market value; (c) theft, loss, destruction, hacking of private keys may result in not being able to access the Virtual currencies; (d) transactions on the blockchain are sent to an address which is determined by the public key. If the public key is wrong, it is impossible to identify the recipient and to reverse the transaction; (e) access to Virtual currencies requires a private key, which may be subject to a hacker’s attack finalised to gain access to the wallet; (f) government authorities may change existing classifications of Virtual currencies, resulting in a Virtual currency being delisted from an exchanged or not being tradable by a Customer; (g) a Virtual currency may be classified differently by different governments (e.g. payment token by Country A; and security token by country B), due to the lack of internationally recognised classification schemes, thus leading to further legal and regulatory uncertainty; (h) Monetum is neither managing nor responsible of the cryptocurrency associated blockchain. All Virtual currencies you may access are not under management or responsibility of Monetum which also does not endorse any Virtual currency in any way whatsoever.
8.4 Investing in Virtual currencies listed on our exchange is highly speculative with a risk of loss of the entire capital invested. Such investment is only suitable for you if you can bear a loss of the entire invested capital.
8.5 You use our Services completely at your own risk.
9. No Financial Advice. No Payment Agent
9.1. Monetum is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades, transactions or other activities made by you on the Monetum exchange platform.
9.2. No communication or information provided to you by Monetum is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. Monetum does not recommend that any Virtual currency should be bought, sold, or held by yourself and you should therefore conduct your own due diligence and consult your own financial advisors before making the decision to buy, sell or hold any Virtual currency. Monetum shall in no event be held responsible for your decision to buy, sell, or hold Virtual currency based on the information provided by Monetum.
9.3. Monetum has no business relationship whatsoever with any third party to act as its payment agent or processor. The fact that you have been directed to Monetum by a third party shall not mean that a business relationship is in place between Monetum and such third party. If you have been directed to Monetum from a third-party website claiming that Monetum is its payment processor, you must immediately inform Monetum in writing and NOT send any payment if intended for such third party. Since Monetum has no control over any third party’s website content or activities, Monetum shall not be liable for any damages or loss arising out of the use of such third party’s website content or activities.
10. Copyrights and Other Intellectual Property Rights
10.1. Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with our Services, including but not limited to the Monetum logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Monetum Materials”) are the proprietary property of Monetum or of our licensors or suppliers and are protected by intellectual property rights laws.
10.2. We hereby grant you a limited, non-exclusive and non-sublicensable license to access anduse the Monetum Materials for your personal or internal business use. Such license is subject to these Terms and does not permit (a) any resale of the Monetum Materials; (b) the distribution, public performance or public display of any Monetum Materials; (c) modifying or otherwise making any derivative uses of the Monetum Materials, or any portion thereof; or (d) any use of the Monetum Materials other than for their intended purposes. The license granted under this Section will automatically terminate if your access to the Service is suspended or terminated.
11. Communication
11.1. You must adopt and implement the best security measures when communicating with Monetum, including but not limited to the protection of your devices, systems, software and network on your end against unauthorised use and electronic attacks. In particular, you are solely responsible for acquiring and maintaining such electronic devices and equipment that can handle and allow to access and use the Service and for taking adequate and appropriate data security measures in accordance with good industry practice to prevent fraud or cyber-attacks on a continuous basis (e.g., by using the most recent browser versions, installing recommended security patches and up-to-date anti-virus programs and firewalls, etc.).
11.2. Monetum may adopt any communication method to communicate with you, provided that commercially reasonable care is applied to prevent fraudulent activities. Despite the adoption of commercially reasonable care by Monetum, certain risks inherent to the communication methods cannot be fully eliminated and may lead to loss or damages. You understand and accepts the risks associated with the use of communication methods. Communications by Monetum are considered to be validly effected upon dispatch by Monetum to the contact details provided by you. Monetum may record, store and process all communications without notice.
12. Confidentiality
12.1. Monetum collects and process your personal data in accordance with our Privacy Policy. You hereby release Monetum, its associated companies, employees, directors and officers from the applicable duty of confidentiality when disclosing personal data is required: (a) to perform the Service; (b) to achieve a legitimate interest; (c) to comply with a court order; and (d) to comply with the applicable laws and regulations.
12.2. We will never sell your personal and/or contact data.
13. Compliance with laws
13.1. Throughout the duration of the business relationship with Monetum, you shall: (a) never make an exchange order that is finalised – subject to our discretion – to commit any criminal activity including but not limited to terrorist financing, fraud, money laundering or any other criminal or illegal activity; and (b) promptly cooperate with us on allcompliance and operational related matters as well as provide us with required information and/or documentation as soon as possible from the receipt of our requests.
14. Liability
14.1. Monetum applies the appropriate standard of care and diligence customary in the business. Any liability of Monetum for losses or damages is excluded to the maximum extent legally permissible. Monetum shall only be liable for any direct and foreseeable losses that are caused by Monetum: (a) with intent, where the Customer is a legal person; or (b) with intent or gross negligence, where the Customer is a natural person. Such exclusion of liability includes, but is not limited to, any loss or damages incurred as a result of errors, technical or otherwise, transmission failures, system overloads, usage problems, interruptions in services (including but not limited to system maintenance services), any delay in the transmission of information, incompatibility between the website and your files and/or software (in particular your browser) and/or computer, malfunction, interference, the transmission of a virus onto your computer, unauthorized access (as a result of hacking or piracy activities, for example), the wilful blocking of telecommunications tools or networks (as a result of mail-bombing, denial of services attacks, for example) or any other failure or inadequacy on the part of telecommunication or network service providers.
14.2. To the maximum extent permitted by applicable law, in no event shall the aggregate liability of Monetum (including its directors, shareholders, officers and employees), whether in contract, warranty, tort or other theory, arising out of or relating to the use of, or inability to use, the Service or to these Terms exceed the fees that you paid to Monetum during the 12 months immediately preceding the date of any claim giving rise to such liability.
14.3. Except as expressly provided to the contrary in a writing by Monetum, our Services are provided on an “as is” and “as available” basis. Monetum expressly disclaims, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non- infringement as to the Service, including the information, content and materials contained therein.
14.4. You shall compensate, defend, indemnify and hold harmless Monetum (and each of its directors, shareholders and employees) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to your: (a) use of, or conduct in connection with, our Services; (b) breach violation of these Terms and Conditions or of any applicable laws, regulations or standards of self- regulations; or (c) violation of any rights of any other person or entity.
14.5. Without prejudice to the above, Monetum shall in particular not be liable for any losses and/or damages arising out of, or in connection with: (a) your non-compliance with these Terms and Conditions and in particular, although not limitedly, to the “Transaction Requirements”, “Prohibited use of the Account” and “Compliance with laws” sections; (b) loss of users’ data (e.g. due to cyberattacks) that are beyond our sphere of control; (c) interruptions of our systems that are required for maintenance work or to avoid network disturbances; (d) transactions into or out of Monetum systems; (e) the use of websites, applications or services that are provided by third parties or suppliers; (f) loss of credentials or misuse of credentials by third parties; (g) an event of “force majeure”, i.e., an event or circumstance that is beyond the control and without fault or negligence of the party affected and that by exercise of reasonable diligence the party affected was unable to prevent, such as pandemics, governmental measures to address the pandemics; energy network disturbances; regulatory authority interference or on-site visits; strikes, riots, environmental causes like earthquakes, storms, flooding, etc; wars or national or international conflicts with and without arms; international or national sanctions against certain products, services, persons, countries; legal limitations to cryptographic blockchain-based digital information units at any time or place worldwide; network interference, computer failures or criminal activities through third parties (for example hacking); (h) the typical risks of the high volatility of Virtual Currencies.
14.6. In no event shall Monetum be liable for any indirect or consequential damages or losses.
15. Termination
15.1. Our business relationship is entered into for an indefinite period and may be terminated in written form at any time with immediate effects by both parties. Any outstanding fees, costs and expenses in favour of Monetum shall become due and payable immediately. The provisions about Representations and Warranties, Confidentiality, Liability and payment obligations shall survive the termination.
16. Miscellaneous
16.1. Monetum may revise these Terms and Conditions at any time. Any amendment shall be made in written form and shall be deemed to be accepted if you do not object in written form within fourteen (14) calendar days of the date of the amendment.
16.2. To the extent that any provision of these Terms and Conditions is found by any competent court or authority to be invalid, unlawful, or unenforceable in any jurisdiction, that provision shall be deemed to be severed from these Terms and Conditions , but such finding shall not affect the validity, lawfulness or enforceability of the remainder of these Terms and Conditions in that jurisdiction, nor shall it affect the validity, lawfulness or enforceability of these Terms and Conditions in any other jurisdiction.
16.3. These Terms and Conditions govern your relationship with us and supersede any prior statements or agreements.
16.4. The failure of Monetum to enforce or to exercise, at any time or for any period of time any term of or any right or remedy arising pursuant to or under these Terms and Conditions shall not constitute, and shall not be construed as, a waiver of such term or right or remedy and shall in no way affect our right to enforce or exercise it later, provided that such right is not time barred, expired or precluded. Any waiver to this effect must be explicitly made in writing.
16.5. English language is the language chosen with respect to our communication. Thus, every communication or notice shall be made in English language. Any other language may be used only for purposes of convenience.
17. Governing Law and Jurisdiction
17.1. These Terms and Conditions are governed by the laws of Switzerland.
17.2. You hereby agree that any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, your relationship with Monetum, including any non- contractual obligations, will be exclusively subject to the jurisdiction of Zug, Switzerland.