Effective From: January 01, 2021
This document, together with any documents referred to in it (the Terms and Conditions / Conditions ) constitutes terms and conditions upon which we provide the money remittance services (the Service / Services / Payment Services), as described on the website (the Website) or mobile applications. The website and the mobile applications together constitute a platform intended for the provision of Services in accordance with these Conditions (the Platform or Platforms).
Please note, in the Terms and Conditions our use of the terms: “Service”, “Services” or “Payment Services”, includes, money remittance services provided in accordance with Polish Act of 19 August 2011 of on Payment Services (the Act).
Before placing and confirming your order please:
If applicable, these Terms and Conditions supersede and replace any terms and conditions we have previously issued in relation to our provision of services to you.
2.1. Payment services are provided on the Platform by Monsas spółka z ograniczoną odpowiedzialnością (Service Provider / Monsas or we / us / our), a company registered in Poland under company number: 0000703382 having registered office at ul. Puławska 2, 02-566 Warsaw, Poland, e-mail address: firstname.lastname@example.org
2.2. Monsas is regulated by the Polish Financial Services Authority (PFSA), a regulatory professional body for the purposes of regulating our Payment Services in accordance with the Act. We can be identified on the PFSA Register by our registration number: IP49/2020. The professional conduct rules and regulations can be found at http:// https://www.knf.gov.pl/.
3.1. You agree that e-mail address and other electronic communications, available through Platforms, can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
3.2. We will contact you by e-mail address or provide you with information by posting notices on Platforms, unless the Condition provide otherwise.
4.1. The Platforms are intended to provide Services for customers within the territory of the Republic of Poland, and in the territory of another EEA member state, through in the course of a cross-border business activity, under prior notification to the PFSA.
4.2. We are domestic payment institution entitled to provide Services for customers within the territory of the Republic of Poland, and in the territory of another EEA member state, through in the course of a cross-border business activity, under prior notification to the PFSA.
4.3. We may accept your order if you are resident in the Republic of Poland or in the European Economic Area (EEA), subject to reserving a right to amend the specifications or standards of the Services offered on the Platforms and/or these Conditions or to refuse to accept an order for our Services from you, if it will put an excessive strain on our business or if we have an objective reason for doing so. If we accept your order, you will be liable to pay for all and any additional costs that we incur in order to facilitate your order. You will have an opportunity to cancel your order in case the additional costs are not acceptable.
4.4. If we agree to supply any Services ordered from the Platforms, they may be subject to fees, duties and/or taxes or expenses incurred due to complying with local and foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price. Please note that we have no control over these charges and cannot always predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
4.5. You must comply with all applicable laws and regulations of the country for which the orders are destined. We will not be liable for any breach by you of any such laws, as we provide Services within the territory of the Republic of Poland exclusively.
4.6. Regardless of your place of residence, we provide Services exclusively on the territory of the Republic of Poland.
By registering on the Platforms you undertake:
We reserve the right to terminate the Contract concluded with you pursuant to clause 25 below and to suspend or terminate your access to the Platforms immediately and without notice to you if:
6.1. To be eligible to use the Services through Platforms and lawfully enter into and form contracts with us, you must:
6.2. If you are under 18, you may only use the Platforms in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Platforms.
6.3. Identification requirements for online orders:
6.4. Monsas is authorised to verify your documents for identification purpose with independent online source to confirm the validity/authenticity.
7.1. The prices of the Services are quoted on the Platforms.
7.2. Prices quoted are for performance of the Services within the territory of the Republic of Poland unless otherwise specified.
7.3. Unless otherwise stated, the prices quoted exclude VAT.
7.4. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Services to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in any other costs of third party services). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before we have commenced providing the Services.
8.1. Payment can be made by any major personal (not commercial) prepay, credit or debit card or through an electronic payment account as explained on the order form.
8.2. By placing an order, you consent to payment being charged to prepay/debit/credit card account or electronic payment account as provided on the order form.
8.3. Payment will be debited and cleared from your account before the provision of the Service to you.
8.4. When you pay for your order by card or from your bank account, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
8.5. By accepting these Conditions you:
9.1. The time of receipt of an order is the time at which an order has been received by us through Platforms. All orders are subject to our acceptance and availability. If Service is not available, you will be notified by e-mail or other means of communications including but not limited to calls, in-app notification or messages and you will have the option either to wait until it is available or to cancel your order. It is your responsibility to provide us with a valid e-mail address and other contact details so that we can contact you if necessary.
9.2. Any order placed by you constitutes a demand to provide the Services by us. All such demands received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, providing an explanation.
9.3. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
9.4. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your demand to provide the Services ordered by you from the Platforms.
9.5. A contract between you and us (the Contract) incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we shall be providing the requested Service or made it available to be downloaded. We will send you an e-mail or otherwise notify you to confirm this (a Confirmation Notice). The Confirmation Notice will amount to an acceptance of your demand to provide the Services by us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).
9.6. Where we agree to provide Services to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time (the Minimum Duration). The length of the Minimum Duration will depend on which package or product you have selected to purchase and is provided on the Platforms.
9.7. The Contract will relate only to the Services stated in the Confirmation Notice. We will not be obliged to provide any other Services which may have been part of your order until we have sent you a separate Confirmation Notice relating to it. The territory of the Republic of Poland is considered as the place of performance of the Contract.
9.8. You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
9.9. You will be subject to the version of our policies and Conditions in force at the time that you order the Services from us, unless:
10.1. The Services will be provided to you and funds delivered to the beneficiary or recipient at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders. We may where appropriate and at our option, deliver all or part of the remittance, to the account number, or account name, or telephone number or e-mail address you supplied on registration or such other account name or account number or telephone number, e-mail address that we agree to use for the purposes of remitting the funds to the beneficiary or to communicate with you or the beneficiary.
10.2. Any dates quoted for completing performance of the Service are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.
10.3. We shall not be liable for any delay in completing performance of the Service by us, except in circumstances for which we are responsible.
10.4. The money remittance may be sent in instalments.
11.1. Cancelling before receiving a Confirmation Notice – you may cancel your order for the Services at any time prior to receiving a Confirmation Notice from us so long as you contact us in writing via email or through mediums provided or notified for this purpose within Platforms. Your cancellation notice must quote your name, address, the name or a description of the Services and your order reference number. Relevant email addresses are provided in Platforms for sending such notices.
11.2. Cancellation after receiving a Confirmation Notice:
12.1. You shall be entitled to file a complaint concerning Payment Services provided by us or concerning our activity (“Complaint”). A Complaint may be filed:
12.1.1 in writing, in person, at our registered office or by post to the following address: Monsas sp. z o.o., ul. Puławska 2, 02-566 Warsaw, Poland;
12.1.2 verbally, by phone, at the telephone number: +441613936999 or in person for the record at our address of the registered office as indicated above;
12.1.3 electronically, by an e-mail message sent to the address: email@example.com.
12.2. A Complaint may be filed also by your attorney-in-fact. Your signature granting the power of attorney should be officially certified or certified by a notary public, an attorney or a legal counsel. The power of attorney should include a clause authorising the attorney-in-fact to obtain information covered by professional secrecy within the meaning of the Act on behalf of the grantor.
12.3. A Complaint should include at least:
12.3.1 identification data of the complainant;
12.3.2 description of the event which is the basis for filing the Complaint, including, if applicable:
12.3.3 identification of entities involved in the transaction;
12.3.4 date, title and amount of the transaction;
12.3.5 identification of the payee;
12.3.6 identification of the customer’s demands in connection with the Complaint.
12.4. A Complaint may be filed also by a natural person, a legal person and an organisational unit with no legal personality to whom legal capacity is granted under a statutory act, to whom Payment Services have been refused.
12.5. We shall reply to Complaints within a period not longer than fifteen (15) business days from the date the Complaint is filed in accordance with the Conditions.
12.6. In particularly complex cases where the Complaint cannot be processed and the reply cannot be submitted within the period referred to in clause 5 above, we shall immediately notify you of the expected date when the Complaint should be processed and the reply should be submitted, with reasons and explanations as to the delay, stating the circumstances that must be determined in order for the Complaint to be processed.
12.7. The expected extended time for processing the Complaint and submitting the reply as provided for in clause 6 above may not be longer than thirty-five (35) business days after the date of receiving the Complaint.
12.8. In order to comply with the time limits referred to in clauses 5 and 7 above, it shall be sufficient to send a reply before the expiry of the said time limits, and if the reply is submitted in writing by mail, it shall be sufficient to post the reply at a post office of the operator designated by the Polish Postal Law of 23 November 2012.
12.9. Our reply to the Complaint shall be in paper form and it shall be sent to your address for correspondence or, upon your request, by e-mail to your e-mail address or fax or other means of communications including but not limited to calls, in-app notification or messages.
12.10. The reply to the Complaint shall include, in particular:
12.3.1 date when the Complaint was filed;
12.3.2 resolution on the Complaint;
12.3.3 identification data of the authorised employee representing us, including forename, surname and position of the employee;
12.3.4 specification of the time limit by which the claim raised in the Complaint will be executed, if the Complaint has been resolved as requested by you, with the stipulation that the said time limit may not exceed thirty (30) days from the date of preparing the reply.
12.11. If the Complaint has been filed by you in reply to a Complaint, thorough information on the reported problem shall be provided, stating the relevant provisions of the Conditions and the applicable legal provisions, and if possible, quoting the provisions referred to, unless this is not required by the nature of the allegations raised.
12.12. In the event of refusal to recognise the Complaint as justified in whole or in part, the reply to the Complaint shall additionally include:
12.12.1 factual and legal reasons, unless this is not required by the nature of the allegations raised by the Complaint;
12.12.2 instructions as to the possibility of and procedure for initiating an out-of-court dispute resolution process, requesting the Financial Ombudsman to hear the case or bringing an action before a common court, together with identification of the entity to be sued and the court which is locally competent to hear the case.
12.13. If any data or information indicated in the Complaint need to be supplemented, we shall request that the said data or information be supplemented, to the extent indicated, before processing the Complaint.
12.14. The Complainant shall be obliged to provide us with explanations and assistance in matters related to the Complaint filed, except when the provision of such explanations and assistance contradicts the applicable law.
12.15. We shall not process any Complaints that do not give data allowing for identification of the Complainant.
12.16. You have the right to appeal against our position expressed in the reply to the Complaint within thirty (30) days from the date of receiving the reply. The Conditions applicable to the Complaint shall apply accordingly to the appeal to the Complaint.
12.17. You may bring an action before a competent common court. The court competent to settle disputes relating to the performance of the Contract shall be determined in accordance with the applicable regulations on court competence, including the Polish Code of Civil Procedure of 17 November 1964.
12.18. If you are a natural person you have the right to request that the Financial Ombudsman hear the case or request an out-of-court resolution of the dispute before the Financial Ombudsman (address of the website of the Financial Ombudsman: www.rf.gov.pl), pursuant to the Polish Act of 5 August 2015 on complaints handling procedure by financial service providers and the Financial Ombudsman.
12.19. If you are a consumer you have the right to use mediation provided by the Banking Ombudsman operating at the Polish Bank Association subject to the Banking Consumer Arbitration Rules (address of the website of the Banking Ombudsman: https://zbp.pl/dla-konsumentow/arbiter-bankowy/dzialalnosc).
12.20. We are supervised by the Polish Financial Supervision Authority. You may file a complaint to the Polish Financial Supervision Authority against us if Services violates the provisions of the law.
12.21. You may use the ODR platform (the European Online Dispute Resolution platform, serving the purpose of resolving disputes between consumers and entrepreneurs, available at http://ec.europa.eu/consumers/odr) to resolve disputes in connection with the Contract. The ODR platform allows for transferring your complaint to an authorised entity (responsible for out-of-court dispute resolution).
13.1. The content of the Platforms is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to ACE Money Transfer/AFTAB CURRENCY EXCHANGE LTD (ACE), a private limited company registered in England and Wales under company number: 04502952 having registered office at Piccadilly House, 49 Piccadilly, Manchester, M1 2AP, United Kingdom, moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Platforms shall remain with ACE or licensors.
13.2. You may download or copy the content and other downloadable items displayed on the Platforms subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Platforms for other than personal use is expressly prohibited.
13.3. You may retrieve and display the content of the Platforms on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Platforms.
13.4. You acknowledge that any other use of the material and content of Platforms is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
13.5. No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
13.6. Services provided by us and Platforms content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
15.1. Upon the conclusion of the Contract, you shall be obliged to comply with the security principles to protect the data used to authenticate you in connection with your use of Payment Services provided by us, including to:
15.1.1. use and store data in accordance with their intended purposes;
15.1.2. protect data from unauthorised access;
15.1.3. inform us without delay whenever:
data is lost, stolen or disclosed or used in an unauthorised manner;
your account has been accessed or used in an unauthorised manner;
any order or transaction has been unauthorised, not executed or unduly executed;
data has been subject to a change.
15.2. The circumstances referred to in clause 1 point 3) above shall be communicated to us without delay by one of the following means:
15.2.1. by electronic means to the e-mail address: firstname.lastname@example.org;
15.2.2. by phone at: +441613936999.
15.3. The information is provided as described in clause 2 above free of charge. The confirmation of the reception of the notification by us shall be sent to you at your e-mail address automatically after the receipt is confirmed.
15.4. If we identify or suspect any occurrence of fraud in respect to you or any occurrence of risks for your security, we shall use a secure procedure to notify you of such circumstances via the e-mail address.
15.5. If, after identifying the occurrence or suspicion of fraud in respect to you or the occurrence of risks for your security, we find that you have not lost control over the e-mail address, we shall send the notification referred to in clause 4 above using the e-mail address.
15.6. If there are any doubts or uncertainty as to the possible loss of control over the e-mail address by you, we shall take measures to establish other direct contact with you, including by correspondence via regular mail or by courier.
15.7. We shall be entitled to temporarily block access to the use of Payment Services, if:
15.7.1. you use Payment Services, in any manner violating the Conditions, the law or the principles of fair trading;
15.7.2. we suspect that Payment Services, are used by unauthorised persons;
15.8. We shall notify you via the e-mail address that the access to Payment Services has been blocked, without delay after the access has been blocked, unless the notification about the blockage is not justified due to security reasons or prohibited by the application of separate provisions of the law or the Conditions.
15.9. We shall unlock the access to Payment Services, if the grounds for the blockage have ceased to exist.
15.10. If there are three (3) consecutive failed attempts by you to enter password, we shall block your access to Payment Services. As long as the blockage continues, you shall not be able to use Payment Services.
15.11. We shall unlock the access to Payment Services, if the grounds for the blockage have ceased to exist.
15.12. You shall be notified of the blockage without delay.
16.1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
16.1.1. death or personal injury resulting from our negligence;
16.1.2. fraud or fraudulent misrepresentation;
16.1.3. actions violating Polish law, including consumer law;
16.1.4. any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
16.2. The Platforms are provided on an as is and as available basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Platforms for any particular purpose or any transaction that may be conducted on or through the Platforms including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
16.3. We will not be liable if the Platforms are unavailable at any time.
16.4. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Platforms or that it will be timely or error-free, that defects will be corrected, or that the Platforms or the server that makes it available are free of viruses or bugs.
16.5. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Platforms and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Platforms.
16.6. We cannot guarantee and cannot be responsible for the security or privacy of the Platforms and any information provided by you. You must bear the risk associated with the use of the Internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Platforms or you downloading any material posted or sold on the Platforms or from any website linked to it.
16.7. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
16.8. 8. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
16.8.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
16.8.2. any loss of goodwill or reputation; or
16.8.3. any special or indirect losses; or
16.8.4. any loss of data; or
16.8.5. wasted management or office time; or
16.8.6. any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of these Platforms or any aspect related to your purchase of the Services even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 1) to 5) above, is strictly limited to the purchase price of the Services you purchased.
16.9. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of Platforms or any other person accessing the Platforms using your personal information with your authority.
16.10. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
16.11. You shall notify us without delay of any found unauthorised, not executed or unduly executed transactions by sending the notification via e-mail to the address: email@example.com. Should you fail to notify us in the manner provided for above within thirteen (13) months of debiting your account or after the date when the transaction should have been executed, your claims towards us for any unauthorised, not executed or unduly executed transactions shall expire.
16.12. If you are not a consumer the time limit for reporting any found unauthorised, not executed or unduly executed transactions shall be fourteen (14) days from the date of receiving the order by us under the pain of expiry of claims in respect of such transactions.
16.13. Subject to clause 11 above, in the event of an unauthorised transaction, the we shall, without delay, but not later than until the end of the business day following the day of finding that an unauthorised transaction has occurred and that your account has been debited with it, or after the date of receiving the your notification, return the amount of the unauthorised transaction, save for events when we have reasonable and properly documented grounds to suspect fraud and notifies in writing the bodies appointed to prosecute crimes. Unless the competent bodies are notified as aforementioned, we shall reinstate the debited account to the condition that would exist if there were no unauthorised transaction.
16.14. You shall be liable for unauthorised transactions up to the PLN amount equivalent to EUR fifty (50), determined on the basis of an average exchange rate announced by the National Bank of Poland, applicable at the day of executing the transaction, if the unauthorised transaction results from:
16.14.1. your access data to the Platforms has been lost by or stolen from you; or
16.14.2. the use of the Platforms was misappropriated.
16.15. The provisions of clause 14 above shall not apply if:
16.15.1. you were unable to find that the access data to the Platforms had been lost, stolen or misappropriated before the execution of the transaction, unless you acted intentionally; or
16.15.2. the access data to the Platforms was lost before the execution of the transaction as a result of an act or omission of our employee.
16.16. You shall be liable for any unauthorised transactions to the full amount if you have caused the unauthorised transactions to occur intentionally or if the unauthorised transactions have occurred as a result of your intent or gross negligence in respect of at least one of the following duties:
16.16.1. you have used the access data to the Platforms in a manner that is inconsistent either with the Conditions;
16.16.2. you have failed to notify us without delay of found loss, theft, misappropriation or unauthorised use of the access data to the Platforms or unauthorised usage of the access data;
16.16.3. you have failed to take the necessary measures to prevent misuse of the access data, in particular, failed to store them with due care and to comply with the obligation to not disclose the said to unauthorised persons.
16.17. If you have not caused the unauthorised transactions to occur intentionally, you shall not be liable for the unauthorised transactions, if:
16.17.1. you have notified us of the loss, theft, misappropriation or unauthorised use of the access data;
16.17.2. we have not made it possible for you to submit the notification referred to in point 1) above.
16.18. When an order is given directly by you being a payer, we shall be liable to you for failure to execute or improper execution of the transaction, unless:
16.18.1. the failure to execute or the improper execution of the transaction results from Force Majeure, or the failure to execute or the improper execution of the order results from other legal provisions;
16.18.2. we prove that the account of the payee’s service provider has been credited in accordance with the provisions of the Act;
16.18.3. your claims have expired due to the expiry of the time limit referred to in clause 11 above.
16.19. If we, as your service provider (as you acting as a payer) are liable for the failure to execute or the improper execution of the transaction referred to in clause 18 above, we shall reinstate the account to the condition that would exist if the failure to execute or the improper execution of the transaction did not occur.
16.20. In the event of failure to execute or improper execution of the transaction, when the order related to that transaction is given by you as a payer to a payment initiation provider who then gives it to us, we shall return to you the amount of the non-executed or improperly executed transaction, and if necessary, reinstate the debited account to the condition that would exist if the improper execution of the transaction did not occur.
16.21. Our liability for any failure to execute or improper execution of the transaction shall also include fees and interest charged to you as a result of the failure to execute or the improper execution of the transaction.
16.22. If the payment account of the payee’s service provider has been credited in accordance with the provisions of the Act, then the payee’s service provider shall be liable to you for the failure to execute or the improper execution of the transaction.
16.23. In the event of failure to execute or improper execution of the transaction initiated by you being a payer, we shall, at your request, take measures, without delay and free of charge, to track the transaction and shall notify you of the outcome of such tracking.
16.24. We shall not be liable for any transactions not executed withheld or blocked if such measures are taken to comply with the provisions of the Polish Act of 1 March 2018 on counteracting money laundering and terrorist financing (the AML Act) or to comply with a decision of the General Inspector of Financial Information.
16.25. We shall not be liable for any temporary blockage of your access to use Service if such blockage is substantiated by the Conditions, as well as for the failure to execute or the improper execution of the transaction, resulting form such blockage.
17.1. We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (Force Majeure), which, without limitation, include:
17.1.1 strikes, lock-outs or other industrial action;
17.1.2 shortages of labour, services, power, supplies/resources;
17.1.3 late, defective performance or non-performance by suppliers/subcontractors;
17.1.4 private or public telecommunication, computer network failures or breakdown of equipment;
17.1.5 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.1.6 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions;
17.1.7 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport for the delivery of services/product;
17.1.8 acts, decrees, legislation, regulations or restrictions of any government;
17.1.9 other causes, beyond our reasonable control.
17.2. Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
17.3. Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or we may, by written notice to the other, terminate the Contract with immediate effect upon service.
18.1. In order to monitor and improve customer service, we may record telephone calls.
19.1. Not to use our Services to commit fraud, money laundering, financial crime, financing terrorism or any similar activities. You expressly agree that we have an immediate right to immediately cancel any Services or account provided to you, without notice to you, and to report it to the appropriate policing or regulatory authority, where we suspect or detect that any crime is being committed by you, the payee or beneficiary or any third party on your behalf.
20.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
20.1.1. the privacy practices of such websites;
20.1.2. the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources;
20.1.3. the use which others make of these websites; or
20.1.4. any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.
21.1. You must not create a link to the Platforms from another website, document or any other source without first obtaining our prior written consent.
21.2. Any agreed link must be:
21.2.1. to the Website's homepage only;
21.2.2. established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the Republic of Poland and the law in any country from which they are hosted;
21.2.3. provided in such a way that is fair and legal and does not damage our reputation or take advantage of it;
21.2.4. established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists.
21.3. We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
21.4. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
22.1. All notices given by you to us must be given to us at: Monsas sp. z o.o., ul. Puławska 2, 02-566 Warsaw, Poland or by using e-mail, at: firstname.lastname@example.org. We may give notice as described in 3 of the Conditions.
22.2. Notice will be deemed received and properly served immediately when posted on Platforms, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
23.1. The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
23.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
23.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Conditions.
24.1. If you are a consumer you shall be entitled to rescind the Contract without giving reasons within fourteen (14) days of the day of its conclusion as provided for in the Conditions, by giving a rescission notice.
24.2. You may rescind the Contract at any time if it has been concluded in violation of Article 26(1) to (3) or (4) of the Act, but not later than within thirty (30) days from the date of receiving the information referred to in Article 27 of the Act, in the manner referred to in Article 27(1) of the Act.
24.3. To comply with the time limit referred to in clause 2 above, it shall be sufficient to send your statement to our address of registered office or to the e-mail address: email@example.com before the expiry of the time limit referred to in the preceding sentence.
24.4. If the provision of Payment Services has been started with your consent as a consumer before the expiry of the time limit for the rescission, we shall be entitled to demand payment for the Payment Services actually performed.
25.1. You may terminate the Contract at any time, without incurring additional costs. The Contract shall be terminated upon the reception by us of a notice of termination of the Contract.
25.2. You may terminate the Contract by sending a statement on termination in writing, to:
25.2.1. our address of the registered office: Monsas sp. z o.o., ul. Puławska 2, 02-566 Warsaw, Poland;
25.2.2. our e-mail address: firstname.lastname@example.org.
25.3. We may terminate the Contract by giving two (2) months’ notice in writing or on any other durable medium.
25.4. We may terminate the Agreement without observance of the notice period in the event that:
25.4.1. it is determined that you use Payment Services in a manner violating the Conditions, the law or the principles of fair trading;
25.4.2. despite the previous notice to do so, you have not supplemented the data required by the law and has not submitted the relevant documents to confirm the data provided at the request of us;
25.4.3. it is determined that at the conclusion of the Contract, you provided false, and in particular used any false, counterfeit, reworked or invalid documents and/or information;
25.4.4. it is determined that you are an entity who organises illegal games of chance via the Internet;
25.4.5. it is determined that the payee is an entity who organises illegal games of chance via the Internet;
25.4.6. you attempt to gain unauthorised access to Platforms our IT system or IT system of Monsas, in particular by overcoming the security measures;
25.4.7. you have been given a negative assessment in terms of the money laundering and terrorist financing risk within the meaning of the AML Act;
25.4.8. you have violated the legal provisions relating to the AML Act or has exploited our activity to commit criminal acts or any acts associated with a criminal activity;
25.4.9. an order has been given that involves a payee who is listed on the lists of persons, groups and entities to which specific sanctions to restrict financial turnover apply, pursuant to the European Union laws, the generally applicable national laws and the regulations of OFAC (the Office of Foreign Assets Control of the US Department of the Treasury), the United Nations and FATF (the Financial Action Task Force on Money Laundering);
25.4.10. you have been entered on one of the lists referred to in point 9) above;
25.4.11. you have used funds from a person, group or entity listed on the lists of persons, groups and entities to which specific sanctions to restrict financial turnover apply under the laws or regulations indicated in point 9) above.
25.5. Should the Contract be terminated pursuant to clause 4 above, you shall not start using Payment Services provided by us again without our prior consent.
25.6. The Contract may be terminated at any time by mutual consent between parties, without observance of the notice period.
25.7. Any termination of the Contract shall not affect the validity of any acts, including orders and transactions, performed before the Contract is terminated, by notice or otherwise, with the stipulation that we shall execute orders and transactions with the execution date preceding the date of expiry or termination of the Contract. Any remaining orders whose date of execution falls after the date of termination of the Contract shall not be executed by us.
26.1. We may introduce new provisions to the Conditions regarding any additional services offered by us, which shall apply to you provided that you have consented to such services and has decided to use them.
26.2. Any amendments to the provisions of the Conditions may be introduced in the event of:
26.2.1. change in the scope, form, functionality or operation of the offered Payment Services;
26.2.2. introduction of Payment Services to the offer or withdrawing Payment Services from the offer;
26.2.3. change in any legal regulations affecting the provision of Payment Services;
26.2.4. publication of guidelines, recommendations or decisions affecting the mutual rights and obligations of the parties to the Contract;
26.2.5. the need to improve safety or the availability of Payment Services;
26.2.6. the need to clarify the provisions of the Conditions;
26.2.7. any changes due to technological progress.
26.3. Any amendments to the fees and commissions, may be introduced in the event of:
26.3.1. change in the minimum wage and the level of indicators published by the Polish Central Statistical Office: inflation, average monthly wage in the enterprise sector;
26.3.2. changes in energy prices, telecommunications connections, postal services, interbank settlements and interest rates set by the National Bank of Poland;
26.3.3. changes in the prices of services used by us in the providing of Payment Services;
26.3.4. other circumstances specified in point 2 above.
26.4. The notification concerning the scope of the proposed amendments shall be served on you by us not later than two (2) months before the proposed effective date of the changes, on a durable medium, as an electronic message sent to your e-mail address, stating the effective date of the proposed amendments.
26.5. You may terminate the Contract without incurring any fees with effect from the date when you are informed about the change, by submitting a statement on termination before the effective date of the proposed amendments.
26.6. You shall be entitled to voice objections to the proposed amendments to us not later than before the effective date of the amendments. If you do not voice to us any objections to the changes before the proposed effective date of the amendments, it shall be assumed that you have accepted them. If you voice an objection without giving notice of termination of the Contract, the Contract shall expire on the day preceding the effective date of the proposed amendments to the Conditions, if the concerns expressed by you in the objection have not been resolved by the us before the day preceding the effective date of the proposed amendments to the Conditions.
26.7. To orders given by you prior to the effective date of the proposed amendments the provisions of the previous version of the Conditions shall apply, which shall be available on the Website.
26.8. To any amendment of the Contract, the provisions on amendments to the Conditions shall apply accordingly.
27.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
27.2. All prices and descriptions supersede all previous publications. All product descriptions are approximate.
27.3. Every effort is made to keep information regarding services/product availability on the Website up to date. However, we do not guarantee that this is the case, or that services/product will always be available.
27.4. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
27.5. All Contracts are concluded and available in English only.
27.6. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
27.7. A waiver by us of any default shall not constitute a waiver of any subsequent default.
27.8. No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with 3 of the Conditions.
27.9. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
27.10. Any notifications, information, communications and other obligations to inform shall be exchanged or complied with between you and us in English. Under your requests, we may send notifications, information and communications in additional other language version, agreed between you and us. In case of any discrepancies between the other language version and the English language version, the English language version shall prevail.
27.11. You shall be obliged to immediately notify us of any change in your data provided to the us, in particular of any change in the e-mail address, telephone number and address for correspondence.
27.12. During the Contract, you have the right to require to be delivered the provisions of the Conditions and Contract and the information specified in Article 27 of the Act, included in the Conditions, on paper or on another durable information medium. We place above information on the Website, which makes it possible to access the information for a period that is appropriate for the purposes of provision of the information and allows reproducing the information stored there in an unaltered form, for which you hereby consent.
27.13. During the term of the Contract, we, at any time that it is requested to do so by you, shall provide it in a mutually agreed manner with the information about the payment transactions executed.
28.1. The Services are provided within the territory of the Republic of Poland. The law applicable to the Contract is the law of Republic of Poland.
28.2. Every order you make shall be deemed performed within the territory of the Republic of Poland.
28.3. The Conditions and any Contract brought into being as a result of usage of Platforms will be governed by the laws of the Republic of Poland.
29.1. The Airtime Top Up service will only be provided to you in respect of the mobile phone operators available on Platforms. These operators are subject to change and availability.
29.2. You must input the mobile phone number to which any Airtime Top Up is to be credited into the appropriate space in the Portal. It is your responsibility to ensure that you have correctly inputted the mobile phone number. if you enter the wrong number, the transfer will go ahead and there is no way to reclaim or redirect the Airtime Top Up once the payment instruction has been processed by us.
29.3. You will then be asked to select the amount of Airtime Top-Up that you wish to credit that mobile phone number with.
29.4. The cost of Airtime Top Up will vary depending on the amount of Airtime Top Up that you wish to send and according to the denominations displayed on Platforms.
29.5. The total amount (the Transaction Amount and our Service Fee) that you must pay will be displayed clearly in the Portal before you are asked to confirm your Transaction.
29.6. A number of countries around the world have chosen to apply taxes to incoming Airtime Top Ups. When sending to a payee in these countries, the corresponding deduction will be made from the Transaction Amount, meaning the payee will get a lower amount of Airtime Top Up.
29.7. The Airtime Top Up is typically sent within a few seconds to the mobile phone number you provide upon successful payment by you. Occasionally, there may be a short delay before the relevant mobile operator applies the Airtime Top Up to the mobile phone number e.g., due to congestion on the local mobile network.
29.8. Our obligation in relation to Airtime Top Up is simply to send Airtime Top Up in accordance with your instruction. The relevant mobile operator will be solely liable to you and the payee of the Airtime Top Up for the provision of mobile services related to the Airtime Top Up. Once the Airtime Top Up is sent to a mobile phone number, it cannot be refunded or removed from the phone. To stop this mistake from happening, we ask you to ensure that the number you have entered is correct.
29.9. You will not be able to cancel the Airtime Top Up once we receive your instruction.
29.10. We may be obliged (for example, due to local laws or mobile operator restrictions) to limit the number of Airtime Top Ups that can be performed or the maximum value of Airtime Top Ups (the latter typically due to mobile operator restrictions) over a given period of time e.g., daily, weekly, monthly.
29.11. The prices of the Services are quoted on the Platforms. Unless otherwise stated, the prices quoted exclude VAT. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Services to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in any other costs of third-party services). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before we have commenced providing the Services.
29.12. Abuse or fraud (including unlawful use of a payment method, theft, fraud, embezzlement or otherwise) is actively tracked by us. All purchases on Platforms, may be checked for abuse or fraud and for this purpose we work together with third parties. As soon as we suspect or discover abuse or fraud, we will refuse an order of credit and we do not issue a digital code to you.
29.13. In case of suspicion of unlawful use, we can ask you for a copy of a valid proof of identity and a copy of a bank statement and/or other documents. After this extra check we can decide to provide you with a digital code for credit, but we are not obliged to do so. We take these measures in order to keep the process of buying credit through Platforms safe for you.