Terms & Conditions
BY USING MOMONEY APPLICATION (THE “APP”) AND THE PAYMENTS PROCESSING SERVICE OFFERED BY IT (THE “SERVICE”), YOU (THE “USER”) ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER AGREEMENT.
1.1 This end user agreement may be changed on 30 days’ notice. Such notice shall be posted on the Site:www.momoney.com.mm. Your continued use of this Site after any such changes constitutes your acceptance of the new end user agreement and its terms and conditions.
1.2 This end user agreement applies exclusively to your access to, and use of, this Site and does not alter in any way, the terms or conditions of any other agreement you may have with MoMoney for products, services or otherwise.
1.3 The headings of the clauses in the conditions is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.
1.4 No failure or delay by MoMoney to exercise any of its rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part of this end user agreement or prejudice our right to take subsequent action against the User.
1.5 MoMoney cannot screen or edit all the content available from the MoMoney site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform MoMoney of any content that may be offensive or illegal.
2.1 All rights not expressly granted, are reserved. To obtain permission for the commercial use of any content on this site contact MoMoney at firstname.lastname@example.org
2.3 MoMoney will never provide personal information to a third party without the data subject and/or the responsible parties knowledge and agreement.
2.4 Where a User discloses personal information which they have collected from their customers and clients to MoMoney for the purpose of allowing MoMoney to process or further process such personal information on the Users behalf (eg. the processing of a credit card payment) such processing will be done subject to the terms of this End User Agreement (“EUA”) that the personal information will only be processed with the knowledge and/or authorisation of the User, will be treated as confidential and shall not be disclosed by MoMoney, unless required by law or during the proper performance of MoMoney’s duties.
This end user agreement applies exclusively to your access to, and use of, this App and does not alter in any way, the terms or conditions of any other agreement you may have with MoMoney for products, services or otherwise.
4. INTELLECTUAL PROPERTY RIGHTS
All the content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of, or are licensed to MoMoney and as such are protected from infringement by local and international legislation and treaties.
5. LICENSES AND SITE ACCESS
5. 1 MoMoney grants you a limited license to make use of the App. Such grant does not include, without limitation:
(a) any resale of the App or content therein;
(b) the collection and use of any listings or descriptions;
(c) making derivative uses of the App and its contents; or
(d) use of any data mining, robots or similar data gathering and extraction methods.
Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of MoMoney or any third party.
5.2You may not use, frame or utilize framing techniques to enclose any MoMoney trademark, logo or other proprietary information (including the images found in the App, the content of any text or the layout/design of any page or form contained on a page) without MoMoney‘s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a MoMoney name, trademark or product name without MoMoney‘s express written consent.
6. USER CONDUCT
6.1.1 In using the App, and any of the services it offers, you agree:
6.1.2 Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the App or affiliated or linked Web sites;
6.1.3 Not to violate or attempt to violate the security of MoMoney. Violations of system or network security may result in civil or criminal liability. MoMoney will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations
6.1.4 Not to disrupt or interfere with any other user’s enjoyment of the App or affiliated or linked Web sites
6.1.5 Not to upload, post or otherwise transmit through or on this App any viruses or other harmful, disruptive or destructive files;
6.2 In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account (if applicable), and that you will comply with all applicable local, national and international laws and regulations in this regard.
You shall remain solely liable for the content of any messages or other information you upload or transmit to MoMoney. You agree to indemnify and hold harmless MoMoney from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of this end user agreement, or your violation of any rights of a third party.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to MoMoney, or postings on this Site, are non-confidential and shall become the sole property of MoMoney. MoMoney shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to MoMoney irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.
9. IMPOSED LIMITS AND DELAYS
9.1 MoMoney reserves the right to impose an upper limit on the amount of a single transaction which will be accepted through the Service.
9.2 MoMoney reserves the right to impose certain limits with regards to the flow of funds in the system including, but not limited to: funds sent, funds received and funds withdrawn. Details of what these limits are will be available on the Site.
9.3 MoMoney reserves the right to delay the withdrawal of funds in the system based on when the funds were received by the User. This delay will informed via Email or SMS.
9.4 MoMoney reserves the right to freeze or suspend any account in the system for an indefinite period if there is suspicion of any illegal activity taking place or for any other reason whatsoever.
10. PROHIBITED TRANSACTIONS
10.1 You agree that you will only use the Service to accept payments for goods or services where payment is due and for which there exists an invoice which can be presented to MoMoney upon request.
10.2 You agree that you will not use the Service to accept payment for illegal products or services, including but not limited to materials that infringe the intellectual property rights of third parties.
10.3 You will not use the Service, MoMoney Application or any of the services offered therein for any unlawful or fraudulent activity. If MoMoney has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions of this Agreement, your access to the Service may be suspended or terminated.
10.5 You will cooperate fully with MoMoney to investigate any suspected unlawful, fraudulent or improper activity.
10.6 You agree not to impersonate a MoMoney User or a MoMoney representative, or to request that a MoMoney customer provide you with their password or other information to access their account.
11.1 MoMoney makes every effort to ensure the security and integrity of your account and we make use of sophisticated systems to accomplish this. You understand however, that there is a compromise made between the extent of these security systems and the inconvenience to you, the user.
11.2 As a possessor, processor, storer and transmitter of credit cardholder data MoMoney maintains all applicable Payment Card Industry Data Security Standards (hereinafter referred to as “PCI DSS”) requirements as it relates to the processing of such data on behalf of our merchants and customers. The applicable PCI DSS standards shall be those as published from time-to-time athttps://www.pcisecuritystandards.org/and MoMoney’s PCI DSS Attestation of Compliance shall be made available to registered MoMoney Users upon request.
11.3 Phishing is a form of fraud where criminals attempt to access your confidential information. This is done by an email request for information, by luring you to a fake website or some other such means. In any case of phishing, MoMoney will respond as quickly as possible to alert users to the threat or to mitigate the threat. No guarentee is given as to this action however, and MoMoney will not be held liable for any funds lost as a result of a User falling prey to a phishing attack. It is the responsibility of the User to be aware of such potential threats, to avoid them and to report them to MoMoney upon discovery.
11.4 MoMoney reserves the right to implement any security measures deemed appropriate to lower or negate fraudulent transactions, which may result in certain payments a User (as a receiver), or from a User (as a sender), being disallowed.
You understand that MoMoney will charge fees for the use of any of the services it provides. These fees are available on the Site and may change from time to time. Your acceptance of this agreement indicates your acceptance of these fees and any change to these fees which may occur now or in the future.
13. DISCLAIMER OF WARRANTIES
13.1 YOU UNDERSTAND AND AGREE THAT THIS APP AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
13.2 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOMONEY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY MOMONEY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
13.3 YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
13.4 YOU ACKNOWLEDGE THAT MOMONEY DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS APP, EXCEPT AS OTHERWISE AGREED IN WRITING, MOMONEY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
13.5 MoMoney shall not be liable for any fraud, deception or misrepresentations by Users of the Service in any capacity whatsoever.
13.6 In no event shall MoMoney be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or for any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
14.1 The terms “The User” and “You” are used interchangeably and refer to all individuals and/or entities accessing this website for any reason.
14.2 The terms “we” and “MoMoney” are used interchangeably and refer to MoMoney itself and all individuals and/or entities acting directly on behalf of MoMoney.