As of 16th of May 2023
Thank you for visiting www.moneyswitch.io, (hereafter referred to as the "Website"). The Website (including the Platform) is operated by MoneySwitch AG ("MoneySwitch"), with registered address at Giessenweg 10, 3084, Wabern, Switzerland.
The Platform is a Liquidity-as-a-Service (LaaS) platform, providing Money Service Businesses ("MSB") engaged in cross-border payment instant access to liquidity. The Platform will allow permitted users, who have been approved by MoneySwitch or their respective MoneySwitch Affiliate, to request instant liquidity, subject to the user’s individual agreement with MoneySwitch.
MoneySwitch affiliate means in relation to MoneySwitch any legal entity which is being controlled by or being under common control with MoneySwitch, with "control" meaning directly or indirectly holding at least fifty percent of the voting stock or possessing the power to direct or cause the direction of its management and policies ("MoneySwitch Affiliate").
The Website is a public domain accessible to a variety of users. The Platform, including its dashboard, will be accessible to registered users only. When performing transactions on the Platform, you hereby represent and warrant that the use of the Platform, and any transactions made on the Platform have been duly authorized by the MoneySwitch customer who you are representing (the "MSB Client") and that any transaction (if accepted by MoneySwitch in accordance with the Facilities Agreement) would be a valid and binding legal agreement between the MSB Client and MoneySwitch or, as the case may be, the relevant MoneySwitch Affiliate.
MoneySwitch reserves the right to refuse any registration for use of the Platform for any person, customer or user in its discretion without giving any reason. If MoneySwitch refuses the registration, or if registration is incomplete, all data of such potential user will be irrevocably deleted within five (5) business days.
We reserve the right, at our sole discretion, but shall not be obliged to:
This Website, the Platform and all materials, including but not limited to illustrations, data, text, images and information, coding, functionality and engineering (the "Contents") are protected by copyright, trademark and other forms of proprietary rights ("Intellectual Property") which are owned, licensed to or controlled by MoneySwitch and/or its affiliates
Except as otherwise provided and agreed to in writing by MoneySwitch, you are strictly prohibited from downloading, copying, reproducing, re- publishing, transmitting or distributed in any way, the Contents or any part thereof for whatever purpose.
MoneySwitch retains all rights, title and interests in all Intellectual Property in the Contents and all concepts, systems, written, graphic and other materials in this Website.
MoneySwitch reserves all rights to deny or restrict access to this Website to any person, or to block access from any internet source or address or country to this Website at any time in its sole discretion, and without providing any notice or reason.
Access to and use of password protected and/or secure areas of the Website are restricted to customers with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Website, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under applicable laws and will be reported by us to the relevant authorities.
You are prohibited to use the Website and the Platform:
You agree that you will not circumvent, disable or otherwise interfere with security-related features of the Website and the Platform or features that prevent or restrict use of any content or enforce limitations on use of the Website and the Platform or the content therein. You may not interfere with or disrupt the Website and the Platform, or servers or networks relevant for the Website and the Platform, or disobey any requirements, procedures, policies or regulations of networks relevant for the Website and the Platform.
You agree to access and use the Website and Platform only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Platform and liquidity services offered by MoneySwitch and/or the relevant MoneySwitch Affiliate in good faith. You shall ensure that any information or data you input on the Platform is accurate and does not violate any applicable law. You also agree to take sole responsibility for such information and data.
MoneySwitch attempts to make the Platform as accessible as possible to registered users, but does not guarantee this. If you experience difficulty in accessing or using the Platform, you shall notify MoneySwitch accordingly.
MoneySwitch may add, modify, edit, remove, re-design or delete any contents, information, or materials contained in the Platform at any time in its discretion and without prior notice. Such changes will not affect your rights and obligations under the Facilities Agreement.
MoneySwitch has applied and implemented internet security standards to the Platform and content is encrypted using latest standard security technology. While MoneySwitch will use its best endeavors to prevent any unauthorized entry to the Platform, MoneySwitch shall not be liable for any damages or losses whatsoever or howsoever caused if any third party gains unauthorized access to the Platform.
Despite MoneySwitch’s continued best efforts to keep the Website and the Platform free from any malware and other harmful code, MoneySwitch makes no representation and warranty that the Website and the Platform contains no viruses, malware, errors, or anything that is harmful to a device, network, system, or technology at all times. Viruses, malware, errors, and such harmful things will be removed and corrected at MoneySwitch’s best endeavors and as soon as possible.
During registration and opening of an account to access the Platform, you will be asked to provide personal data to allow content to be personalized and additional functionalities to be used. This personal data is stored by MoneySwitch. Further, the registered e-mail address may be used by MoneySwitch and/or MoneySwitch Affiliate to improve service quality and provide targeted content to users. MoneySwitch assumes that all parties concerned have given their consent to this data processing and you shall be responsible to ensure that such consents have been obtained.
During the use of the Platform, data is collected and processed from which usage profiles may be prepared in some cases.
You consent to receive communications from MoneySwitch and the relevant MoneySwitch Affiliate electronically, such as e-mails or notices on the Platform or via other means. MoneySwitch is permitted to retain copies of such communication for our records. You agree that all agreements, notices, disclosures, and other communications that MoneySwitch provides to you electronically satisfy any legal requirement that such communications have to be made in writing.
This Website (including the Platform) may contain links to other websites, pages and services which are not maintained by MoneySwitch. By clicking on or activating such links, you acknowledge that MoneySwitch does not exercise control over any data or any information which you give to any other entity after leaving this Website. You understand and agree that your access to, or use of, such linked websites or content is entirely at your own risk. MoneySwitch shall not be liable for any error, omission, defamation, obscenity, pornography or any other objectionable material contained in the contents, or the consequences of accessing, any linked website nor for any damages or loss arising from you accessing such other websites.
All hyperlinks to such other websites are provided as a convenience to you. MoneySwitch is not associated or affiliated, unless expressly stated to be so, in any manner with any trade or service marks, logos, insignia, other intellectual property rights or devices, which appear on such other websites, nor does MoneySwitch endorse or otherwise approve or recommend any content or information appearing on such other websites to which it has placed a hyperlink.
MoneySwitch may attach banners, java applets and/or such other materials to the Website and/or the Platform for the purposes of advertising certain products and/or services.
No data transmissions over the Internet or via wireless networks can be guaranteed to be 100% secure. Consequently, MoneySwitch does not ensure or warrant the security, authenticity, integrity or confidentiality of any information and/or communication you transmit to us and you do so at your own risk.
You hereby expressly acknowledge and agree that:
While MoneySwitch shall use its best endeavors to prevent any unauthorized entry to this Website, we shall not be liable for any damages or losses whatsoever or howsoever caused to you if any third party gains unauthorised access to this Website.
MoneySwitch shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Website and the Platform is entirely at your own risk and we shall not be liable therefor to the fullest extent permitted by applicable law.
You agree to indemnify and hold MoneySwitch, its directors, officers, employees and its agents, representatives, related and associated companies, harmless from any claim, demand or costs (including solicitors’ fees on a full indemnity basis) which MoneySwitch may suffer or incur due to or arising out of in connection with: