1. Introduction
These Terms of Use (the “Terms”) and all policies posted on our website set out the terms on which Monnfts.com offers you access to and use of our websites, Smart Contracts, mobile applications, web applications, decentralized applications, API or any other service which Monnfts.com operates (collectively ‘Services’). All policies are incorporated into these Terms. You agree to comply with all of the above and all the matters as set out in these Terms when accessing or using our Services. For information regarding the processing of personal data, please see our Privacy Policy.
Please read these terms carefully. They set out your rights and responsibilities when you use the Services, and other important information.
You are entering into a contract with MONNFTS (“Monnfts.com”, “we, “our” or “us”).
2. How you accept these Terms
You accept these Terms in the following ways:
- by clicking or tapping any button or box marked “accept” or “agree” (or a similar term) in connection with the Terms;
- by accessing any of our Services; or
- by accessing our websites and Smart Contracts (as defined in Section 2) (collectively, the “App”).
When you accept these Terms, that means that you agree to be legally bound by them.
Please note that we can change these Terms in our sole discretion and at any time. We do this in accordance with Section 6 below.
If you are a business/company are you are using our Services or the App, by accepting these Terms you are confirming to us that you have the legal authority to accept these Terms on that business/company’s behalf. If you do not have that authority, you must not use our Services or the App.
If you do not agree to these Terms, you must not access or use the Services or the App.
3. Acceptable use
In connection with using or accessing the Services or the App, you will not:
- breach or circumvent any laws, third-party rights or our systems or policies;
- sell any items that infringe the copyright, trademark or other rights of third parties;
- use our Services if you are not able to form legally binding contracts (for example if you are under 18);
- manipulate the price of any item or interfere with any other user’s listings;
- post false, inaccurate, misleading, defamatory, or libellous content;
- transfer your account to another party without our consent;
- use the contact information of other users for any purpose other than in relation to a specific transaction on the website (which includes using this information to send marketing materials directly to Monnfts.com users unless the user has given explicit consent to receiving these materials);
- distribute viruses or any other technologies that may harm Monnfts.com, or the interests or property of Monnfts.com users;
- use any robot, spider, scraper or other automated means to access our Services for any purpose;
- bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- commercialise any Monnfts.com application or any information or software associated with such application;
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures we use to provide the Services.
You agree that we will commence supplying our Services to you as soon as you accept these Terms. You can cancel these Terms under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Business users can cancel these Terms by contacting us. We may recoup the cost of any Services provided up to the point of cancellation.
Please note that if you choose to cancel these Terms, this will not affect any sales contract that you may have as a buyer or seller.
Additionally, we reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.
4. Content
When providing Content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such Content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the Content (including, without limitation, creating and using derivative works), and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the Content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the Content and promise not to assert such rights or any other intellectual property rights you have in the Content against us, our sublicensees or our assignees.
You agree that we are not responsible for examining or warranting the listings or Content provided by third parties through the Services, and that you will not hold or attempt to hold us liable for inaccuracies.
5. Third Party Sites
We neither own nor control any third party browsers, wallets, wallet connectors or blockchain networks , or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the App (the “Third Party Sites”). You understand and agree that your use of any Third Party Site is subject to any terms of use and/or privacy policy provided by such Third Party Site. We are not a party to any such agreement. You should review any terms of use and privacy policy provided by such Third Party Site and should make whatever investigation you feel necessary or appropriate with any transaction with any third party.
Monnfts.com provides these Third Party Sites only as a convenience and we do not review, approve, monitor, endorse, warrant or make any representations with respect to Third Party Sites, or their products or services. All Third Party Sites are used by you at your own risk.
We will not be liable for the acts or omissions of any Third Party Sites, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any Third Party Sites.
Where our site contains links to other sites and resources provided by any third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
6. Changes to these Terms
We may amend these Terms at any time. The most current version of these Terms will be posted on the Site with the “Last Revised” date at the top. Any changes or modifications will be effective immediately upon posting the revisions to the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. You waive any right you may have to receive specific notice of such changes or modifications. Use of the App by you after any modification to the Terms constitutes your acceptance of the Terms as modified. If you do not agree to the Terms in effect when you access or use the App, you must not use the App. We may, at any time and without liability or prior notice, modify or discontinue all or part of the App (including access to the App via any third-party links).
These Terms may not be otherwise amended except through mutual agreement by you and a Monnfts.com representative authorised to do so.
7. Privacy
Monnfts.com is the data controller for your information and we have specific obligations to you under data protection law. You can find out more about what information we use, what we use it for and who we share it with in our Privacy Policy. Our Privacy Policy also contains details about your legal rights in relation to your information (but your legal rights will vary depending on where you are located).
8. Indemnity
You agree to indemnify, defend and hold harmless Monnfts.com and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and lawyers’ fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the Service or the App, (iii) your violation of applicable laws, rules, regulations or the rights of any third party and (iv) any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy in connection with your access to or use of the App. Monnfts.com reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Monnfts.com in the defence of such matter.
9. Liability
We try to keep the Services and the App safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.
We (Monnfts.com) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
- your use of or your inability to use our Services;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing, or linking to, our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any Service;
- the content, actions, or inactions of third parties, including items listed using our Services;
- a suspension or other action taken with respect to your account; or
- your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to these Terms or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. We cannot and do not confirm, and are not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our sites.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or © £100.
Nothing in these Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.
10. Compensation
You will compensate us in full for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of these Terms, your improper use of the Services or your breach of any law or the rights of a third party.
11. General
If any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
We may assign our rights and obligations under these Terms (but without your prior express consent), provided that we assign these Terms on the same terms or terms that are no less advantageous to you.
If you have a dispute with one or more users, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms but this does not affect any right or remedy of a third party specified in these Terms or which exists or is available apart from that Act.
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section 11 shall not affect the validity and enforceability of the rest of these Terms.
12. Feedback and contact details
You may choose to submit comments, bug reports, ideas or other feedback about the App, including without limitation about how to improve the App (collectively, “Feedback”) by emailing us. We are free to use such Feedback at our discretion and without additional compensation to you, and may disclose such Feedback to third parties.
Users with questions, complaints or claims with respect to the website, the Services or the App can be made by contacting us at contact@Monnfts.com.