Monetha (“Monetha”) operates different products under its name:
The “Platform” is an online affiliate marketplace that enables individuals (“Individuals”) to build an online profile, earn points based on online purchases done via the Platform and exchange those points for benefits (e.g: gift cards, donations to charity or crypto)..
The “Plugin” is an online loyalty tool that enables online shops (“Shops”) to improve their sales and retention by distributing points to their clients.
The “Users” of Platform can also be recognized specifically as:
“Individuals” are users of the Platform, mostly via the mobile application
“Affiliates” are online shops listed in the Platform via their affiliate network
“Shops” are online shops using the Plugin on their website
Users (Affiliates or Shops) who sell goods or services are “Sellers”;
Users (Individuals) who are buying goods or services are “Buyers”;
Goods or Services Sellers are selling, and Goods or Services Buyers are buying are “Goods”;
Deal between Buyer and Seller (“Deal”) – agreement on terms and conditions between Seller and Buyer for selling Goods from Seller to Buyer.
These Terms of Services (“Terms”, or “Terms of Services”) constitute a framework agreement which sets out the terms effective between you (User) and us (Monetha) entering into Platform and the use of Monetha App and other services provided by Monetha. Before using Monetha Services, Monetha requires you to carefully:
read these Terms;
read Monetha Privacy Policy;
provide accurate, correct and valid input information during the process of creating a Monetha account;
fill (or tick) the box or otherwise confirm that you understood information provided and you agree with these Terms of Services;
fill (or tick) the box or otherwise confirm that you understood information provided and you agree with Monetha Privacy Policy.
Platform Terms incorporate the other terms released by Monetha and any supplements by this reference. By accepting these Terms, you are deemed to have accepted the terms and conditions of our service providers (third parties).
After you complete the registration procedures we shall make the Platform functionality available to you. Monetha informs you that Platform is not responsible for any losses that occur due and takes no responsibility for the submission of invalid, incorrect or inaccurate Personal information.
SCOPE OF MONETHA SERVICES
Platform enables Buyers to earn points for online purchases done through Monetha and within the Sellers’ network. Points are calculated from one or several of the following factors:
amount spent by the Buyers with Seller;
level of the Buyers profile completion and activity within the platform;
Affiliate commission collected by Monetha from the Sellers;
Reward levels associated to a product as defined in the Plugin by the respective Shops
Platform enables Buyers to exchange their digital profile information with Sellers against benefits defined by the Seller such as direct discounts, vouchers, free shipping, free samples, etc. The exchange of information is done securely via Platform and with active action from the Buyer.
Points earned have a validity period of 1 (one) year.
Platform is not a payment gateway, does not own, create, sell, resell, provide, manage, offer, deliver, or supply any Goods by itself. Sellers are responsible for the Goods quality, delivery and other issues related with the Goods.
Platform is an independent, third-party contractor and is not a Seller, Buyer, distributor, agent or partner. Users are working on their own behalf, for their own benefit and at their own risk and liability.
Buyers who are buying Goods from Sellers are entering into a direct contract between themselves, as respective parties to the deal. Platform does not become a party to a deal and is only providing services to facilitate the deal initiation and execution.
User description is not an endorsement, certification, insurance or guarantee by Platform, including, the User’s identity or background or whether the Member is trustworthy, safe or suitable. Monetha does not endorse and does not accept any liability or any risk for any Deals, Goods, Sellers or Buyers.
All the characteristics, images or other details of Goods are presented by Sellers (or third parties) and are not endorsed, guaranteed or verified by Monetha.
Shops that install the Plugin will be provided with tools such as campaign creation and management, Points to be distributed to Buyers, and other features as detailed in their chosen plan package.
Monetha reserves the right to promote Platform.
Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Monetha is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Monetha of such Third-Party Goods or Services.
SERVICE FEE
Any applicable Service Fees (including any applicable Taxes) will be displayed to Users prior to using Monetha services. Monetha reserves the right to change the Service Fees and conditions at any time, and we will provide Users adequate notice of any fee changes before they become effective.
ACCOUNT REGISTRATION AND VERIFICATION
ACCOUNT REGISTRATION
Users must register, activate and verify their personal user account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to register and open an Account.
Platform Accounts can be registered by using User’s e-mail address. By creating an Account, User agrees that the Services may send you emails, push notifications or text (SMS) messages as part of the normal business operation of your use of the Services.
User must provide accurate, complete, valid, and up-to-date information. If User fails to fulfill accurate, valid and complete information it shall result in inability to use Platform, inability to reach high points level or in some cases – termination of Account.
Plugin Accounts are created via their e-commerce platform through the Plugin installation process. All relevant information will be shared between the e-commerce platform and Monetha.
ACCOUNT SECURITY
User maintains the security, confidentiality and secrecy of their Account and login information. User is responsible for their Account credentials and for non-disclosure of their credentials to third parties. If a user chose to login with password, Monetha can help with the resetting of the Account credentials.
User is the only one who is responsible for all activities that occur on their Account.
User shall not authorize third parties to use their Account. The assignment or transfer of User Account to the third parties is strictly forbidden and shall result in permanent ban of User and Account.
ACCOUNT DEACTIVATION. RE-REGISTRATION
Users shall have the right to deactivate and close their Account at any time of their choice.
At any time after deactivation Users will be free to re-register with the platform and open the Account. In such a case the User will have to undergo Account registration process as described in Clause 4 above.
DISCLAIMERS
Users who use Monetha acts at their own risk. Monetha services are provided on AS IS basis without any representation, guarantee or warranty, whether express, implied or statutory.
User agrees that he/she has investigated and understood these Terms of Services, rules and other related documents and terms.
User agrees that he/she has investigated tax and other laws which can be applicable to Goods, Deal or services in his/her or other User jurisdiction and understands that Monetha is only the third party, which is not responsible for User Taxes or tax issues.
Monetha is not a payment solution and cannot ensure that Buyer or Seller will complete the Deal.
User assumes full responsibility for the choices they make. User makes Deals on their own risk.
Buyer assumes full liability for any personal details or personal information he divulges to the other Seller.
User agrees to release Monetha from any legal liabilities and (or) claims that arises from User to User connection and is related among other matters with:
quality of Goods;
description and other information which the Users provide on the Platform regarding Goods, Deal or a purchase;
quality of services;
delivery of Goods or services.
LIABILITY
Unless applicable laws specify otherwise, Monetha or any third party which is involved is not liable for any losses related to any business of Users including (without limitation) User damages, lost profits, opportunities, revenues, data, direct or indirect financial losses.
Monetha or any third party which is involved is not liable for a Deal made by other Users and is not liable for any incidental loss of reputation or loss of goodwill.
Limitations of Monetha’s liability:
Monetha shall not be liable for any claims or losses in connection with or arising from Deals that Users negotiate, communicate and/or enter into;
Monetha shall not be liable for any claims, losses or damages in connection with or arising from infringements of copyrights, trademark laws, intellectual property or other applicable laws that were made by Users while using Monetha;
Monetha shall not be liable for any damages or losses resulting directly or indirectly from Users’ use of or your inability to use Monetha, delays or disruptions, glitches, bugs, errors, or inaccuracies of any kind in the Monetha.
In any event, in case the Monetha is to be found liable, our liability against the User or to any third-party is limited to the greater of (a) up to the price the Goods sold / offered through Platform (including any applicable sales tax), (b) the amount of fees in dispute not to exceed the total fees, which User paid while using the Platform in the three (3) months prior to the action giving rise to the liability, or (c) 100 EUR.
Users will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim, request or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Services, your improper use of the Platform or your breach of any law or the rights of any User or a third party. Specifically, the User guarantees that all claims for damages and other costs, including reasonable legal fees, related to intellectual property right infringements that are submitted to the Platform because of User’s activity will be fully covered by the User.
APPLICABLE LAW AND JURISDICTION
This Agreement shall be governed by the substantive law of Switzerland. Notwithstanding this provision, if the User is treated as a consumer in accordance with the laws applicable to his capacity, the User can rely on the mandatory laws of consumer protection of the country where the User has his habitual residence.
Monetha prefers an amicable dispute resolution process. In case of any misunderstanding or controversy, Monetha offers to contact Monetha directly and resolve such a conflict in a friendly manner. If it cannot be resolved in a friendly way within three months after the conflict has arisen, any further dispute shall be settled with respect to the following rules:
In case the User is not treated as a consumer in accordance with the laws applicable to his capacity, any dispute, controversy or claim arising our or in connection with this Agreement where the disputed amount exceeds EUR 1,000,000 shall be finally resolved by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The number of arbitrators shall be 3 (three). The venue of arbitration shall be Zug, Switzerland. The language of arbitration shall be English.
If the criterion of EUR 1,000,000 foreseen in Clause 11.2.1 of this Agreement is not met, any dispute between the Parties shall be settled before the competent courts of Zug, Switzerland.
User can bring the lawsuit either before the courts of Monetha’s place of business or before the courts of his/her own domicile.
RESTRICTED ACTIVITIES
In connection with User’s use of Platform, Account, the Platform services, or in the course of your interactions with Monetha, other Monetha customers, or third parties, you will not:
Post, list or upload inappropriate content, information or items.
Violate these Terms of Services or any other agreement between User and Platform.
Violate any law, statute, ordinance, or regulation.
Infringe Monetha’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
Act in a manner that is defamatory, trade libelous, threatening or harassing.
Provide false, inaccurate or misleading information.
Send or receive what we reasonably believe to be potentially fraudulent funds.
Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to Monetha or Third-parties related with Monetha.
Harass Monetha employees, Monetha related parties or other Platform Users.
