Terms & Conditions
Please read these terms of service
(“terms” or The “agreement”) carefully. By clicking to accept, or by accessing or using our
Services, you agree to be bound by these terms of use and all terms incorporated by
Reference.
These Terms incorporate Monadon
Privacy Policy, as well as any other policies published on the Website, so by
accepting these Terms, you agree with and accept all the policies published on the
Website.
Parties to the Agreement
References in these Terms to “your” or “you” are to
the person/entity who accepts these Terms and agrees to create accounts and use the services as set
out in and under these Terms. You and Monadon shall together be referred to as the “Parties” and
references to a “Party” shall be to the relevant one of them as the context requires.
In these Terms unless otherwise specified: -
- references to clauses are to clauses of these Terms;
- a reference to a sub-clause is to a sub-clause of the clause in which such reference appears, to a paragraph is to a paragraph of the sub-clause in which such reference appears and to a sub- paragraph is to a sub-paragraph of the paragraph in which such reference appears;
- a reference to any statute or statutory provision shall be construed as a reference to the same as it may have been, or may from time to time be, amended, modified, or re-enacted after the date of these Terms;
- references to writing shall include any models of reproducing words in a legible and non-transitory form;
- references to the plural or singular shall be interchangeable as circumstances require; and
- headings are for convenience only and do not affect the interpretation of these Terms
Disclaimers
Monadon may from time to time carry out
routine and emergency maintenance of the Website and/or Platform.
Taxation
You are solely responsible for determining
whether any action or transaction contemplated by these Terms or related to the Services
will give rise to any tax implications on your part.
You are also solely responsible for
withholding, collecting, reporting, paying, settling and/or remitting any/or all other taxes
to which you may become liable to the appropriate tax authorities in such jurisdiction(s) in
which you may be liable to pay tax howsoever arising. Monadon shall not be responsible for
withholding, collecting, reporting, paying, settling and/or remitting any taxes (including,
but not limited to, any income, capital gains, sales, value added or similar tax) which may
arise from any action or transaction contemplated by these Terms or related to the
Services.
Force Majeure
Neither Monadon nor any member of the
Monadon Companies shall be liable or responsible to you, or be deemed to have breached
these Terms, for any failure or delay in fulfilling or performing its obligations under
these Terms, if and to the extent such failure or delay is caused by, results from or is
otherwise connected to acts beyond its reasonable control, including, without limitation:
(a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities
(whether war is declared or not), terrorist, hacking or cyber threats, attacks or acts, or
other civil unrest; (d) any laws, statutes, ordinances, rules, regulations, judgments,
injunctions, orders and decrees; or (e) action by any nation or government, state or other
political subdivision thereof, any entity exercising legislative, regulatory, judicial or
administrative functions of or pertaining to government, including, without limitation, any
government authority, agency, department, board, commission or council.
Miscellaneous
We may amend these Terms from time to time,
including where there are changes to the Services or as may be otherwise required by any
laws or regulatory requirements to which we are subject. The changes will become effective
and shall be deemed accepted by the Account Holder, the first time the Account Holder uses
the Services after the publishing of the revised Terms and shall apply on a going-forward
basis with respect to any activity initiated after publishing. In the event that an Account
Holder does not agree with any such modifications, the Account Holder’s sole and exclusive
remedy is to terminate the use of the Services and close the Account.
If any term, clause or provision of these
Terms is found to be illegal, void or unenforceable (in whole or in part), then such term,
clause or provision shall be severable from these Terms without affecting the validity or
enforceability of any remaining part of that term, clause or provision, or any other term,
clause or provision of these Terms, which shall remain in full force and effect.
These Terms constitute the entire agreement
between the Parties in relation to its subject matter. These Terms replace and extinguish
any and all prior agreements, draft agreements, arrangements, warranties, statements,
assurances, representations and undertakings of any nature made by, or on behalf of the
Parties, whether oral or written, public or private, in relation to that subject
matter.
You acknowledge that by accepting these
Terms, you have not relied on any oral or written statements, warranties, assurances,
representations or undertakings which were or may have been made by or on behalf of
Monadon in relation to the subject matter of these Terms at any time before your
acceptance of them (“Pre-Contractual Statements”), other than those set out in these Terms.
You hereby waive any and all rights and remedies which might otherwise be available in
relation to such Pre-Contractual Statements.
Nothing in these Terms shall be deemed to
create any form of partnership, joint venture or any other similar relationship between you
and Monadon and/or other individuals or entities involved with the development and
deployment of the Services.
These Terms and any dispute or claim arising
out of or in connection with their subject matter or formation (including non-contractual
disputes and claims) shall be governed by and construed in accordance with Slovenia Law.
The Parties irrevocably agree that the
Slovenia courts shall have exclusive jurisdiction to settle any dispute or
claim that arises out of or in connection with these Terms or their subject matter or
formation (including non-contractual disputes and claims).