Mero Fund – Terms
Version – 15 April 2020
Subject to these Terms of Service, as amended from time to time (“Terms of Service”), MEROFUND Pty ltd (ACN 640 527 073) provides the Merofund platform to you through its website at www.Merofund.com and attendant mobile applications (the "Merofund Platform") and related services (collectively, the Merofund Platform, including any new features and applications, the "Merofund Services"), If you are a campaign organizer (as defined below), beneficiary to a campaign, comment contributor, or donor (collectively referred to herein as a “User”) located in the Australia or outside Australia but not in Nepal, you are contracting with Merofund, level 1, 483 Princess Highway, Rockdale NSW 2216. If you are a user located in Nepal, you are contracting Merofund, Samakhusi, Kathmandu, Nepal. Unless specifically indicated otherwise, for purposes of the following Terms of Service, “Merofund,” “we,” “us,” “our,” and other similar terms, shall refer to the party with whom you are contracting.
Each time you use our services you confirm your agreement to be bound by and acknowledge any changes to the Agreement (including the Policies). You also undertake to familiarise yourself with and comply with the Policies relevant to your use of our Site and the services provided under this Agreement (as may be amended from time to time). As you read this Agreement, you should also access and read the information contained in any other pages and websites referred to in this Agreement.
By accepting this Agreement (including the Policies) you agree to be bound by it and also any other relevant documents and posted terms and conditions on other websites operated by the Platform, by Merofund the provider and its related and affiliated companies, to the extent that you use those websites.
We may amend the terms and conditions of this Agreement from time to time. Amended terms will be posted on our Site. Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amended terms will automatically be effective immediately. Your continued use of the Service following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. If you do not agree with such changes to this Agreement (or any of our Policies), you must terminate your membership with the Platform. If, after any such changes to this Agreement or any of our Policies you continue to be a member of our Site, you will be considered by us to have accepted the varied terms as part of the Agreement.
In this Agreement where the context permits a reference to "you" includes anyone acting on your behalf or with your express or implied authority. A reference to this Agreement includes the Policies, unless stated otherwise.
These Terms and Conditions apply to all services provided by Merofund directly or by other service providers. Specific additional provisions are detailed below that apply to financial services and payment processing services.
ACCESS AND USE OF THE SERVICES
Merofund Services Description: The Merofund Services are offered as a platform to allow an individual, entity or non-profit organization (the "Campaign Organizer") to post a fundraising campaign ("Campaign") to the Merofund Platform to accept monetary donations ("Donations") from donors ("Donors").
Also, a Campaign Organizer can accept Donations from Donors for a charitable purpose to do that either the Campaign Organizer or Beneficiary must be a non-profit organization and established as such under the applicable laws of incorporation (“Charities”).) or other non-profit organization, raising funds for a charitable purpose.
Platform Fees: A platform fee is the cost to our world-class functionality and service. Merofund doesn’t charge any platform fee, its 100% free, however, the payment processor fees apply.
Payment Processor Fees: Although there are no fees to set up a Campaign, industry-standard payment processor fees apply 5% (hereinafter and on the website referred to as "Payment Processor Fees").
The Services are platforms; We are not a Broker, Financial Institution, Creditor or Charity: The Services are administrative platforms only. Merofund facilitates the Campaign of the Campaign Organizers and permits Donors to make donations to these Campaign Organizers. Merofund is not a broker, agent, financial institution, creditor or non-profit corporation.
All information and content provided by Merofund relating to the Services is for informational purposes only, and Merofund does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Campaigns, Charities, Donations, Donors, or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
Merofund has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all. We do not endorse any Campaign, User, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any User, Campaign, or event.
No Solicitation: The Merofund is offered to help Campaign Organizers raise money. Merofund merely provides the technology to allow fundraisers to connect with Donors. The existence of the Services is not a solicitation of donations by Merofund, and Merofund does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the Services, you understand and agree that Merofund shall not be responsible for the use of your donations or the amount of funds raised for the User, Campaign, or event.
Donors: All Donations are at your own risk. When you make a Donation through either of the Platforms, it is your responsibility to understand how your money will be used. Merofund is not responsible for any offers, promises, rewards or promotions made or offered by Users or Campaigns. We do not and cannot verify the information that Users or Campaigns supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Campaign or in accordance with applicable laws. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a User or Campaign is not raising or using the funds for their stated purpose, please use the "Report" button on the Campaign to alert our team of this potential issue and we will investigate.
Merofund Investor Terms
Notwithstanding anything else in these Terms and Conditions, the following terms and conditions apply to your use of the CSF Platform (the Merofund Investor Terms) and your participation in a CSF Offer represents your acknowledgement and acceptance of the Merofund Investor Terms.
If you reside or access, receive or accept a CSF Offer through the Platform outside Australia or Nepal, you represent and warrant that you are able to do so without contravening any applicable legal restriction in that other jurisdiction. If this applies to you, we or the Issuer may require further information from you and/or may refuse your investment.
By using the CSF Platform, you acknowledge and agree that:
- prior to participating in any CSF Offer, you will read the general CSF risk warning (available at merofund.com ) and the relevant CSF Offer Document (if and when it is available);
- if you are an individual, you are over 18 years old;
- the Platform does not accept joint applications;
- you may only sign up with us once. You must not create, or attempt to create, more than one sign up for yourself by using different email addresses or other identifying information;
- you will provide us with any information we request that may be necessary for us to provide services to you, and for you to use the Platform, including: your full legal name and, in the case of a company, your company number or business number; your residential address (for individuals) or your registered office and address for service (for companies); if you are using the Platform as trustee of a trust, the full legal name, residential address and email address of each trustee of that trust; and any other information requested by us;
- for a company, the application must be made by a director of the company. By entering into this agreement, the person confirms that he or she is authorised to make the application and enter into this Agreement on behalf of the company and that the company is bound by the terms of this Agreement;
- as trustee(s) of a trust, each trustee who makes this application confirms that he or she is authorised to make the application and enter into this Agreement in his or her capacity as a trustee of the trust under the terms of the trust.
- all information you disclose to Merofund investment Platform users via the application facility and/or the communication facility is true, accurate, not misleading and does not infringe any laws, regulations or the rights of any third party, including intellectual property rights and is provided in good faith;
- your use of the communication facility for a CSF Offer is solely for the purpose of seeing and making posts relating to the CSF Offer, and asking questions of the Issuer and/or Merofund related to the relevant CSF Offer. Any abusive, misleading or irrelevant comments or questions may be removed, and your use of the communications facility may be restricted by Merofund(acting in its absolute discretion);
- any application for shares under a CSF Offer is subject to the relevant subscription agreement between you and the Issuer making the CSF Offer. Neither Merofund or Merofund pty ltd are a party to the subscription agreement and are not liable for a claim for failure to perform any obligations under the subscription agreement;
- Merofund entire liability in relation to a CSF Offer is limited to the amount of fees received in relation to the CSF Offer. In no circumstances will Merofund or Merofund pty ltd be liable in contract, tort (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any economic losses (including loss of revenues, profits, contracts, business or anticipated savings); or any special, indirect or consequential losses, whether or not such losses were known; nothing in these Investor Terms limit Merofund liability for fraud or for any loss which it would be unlawful to exclude.
- We may also, and in our sole discretion, and at any time (including after a CSF Offer has gone live on our Platform), consider that an Issuer is not suitable for raising funds through our Platform, and refuse to permit that Issuer to use our Platform and our services to raise funds or withdraw any CSF Offer at any time.
- The fact that any company is permitted to use the Platform and our services does not provide any guidance as to the performance of any Issuer or the results of any investment in that Issuer and you should not rely on them when making any decision to invest or taking any action of any kind. We do not verify the content of any CSF Offer Document or associated marketing and advertisements and make no warranties or representations (whether express or implied) related to the accuracy, completeness, or reliability of the content of any CSF Offer Document.
- No transfer of shares
We do not facilitate the trading or transfer of shares issued through our Platform. We provide no advice on whether shares issued through a CSF Offer may be legally transferred. We are not liable to the Investor or the Issuer for the consequences of a transfer of shares issued through a CSF Offer, whether or not issued through our Platform, that could cause a financial services law to be breached or otherwise require notification to ASIC or a CSF Offer to be closed or suspended. The Issuer and Investor indemnify us against all losses, costs and liabilities in connection with a transfer of shares. You should seek professional advice in relation to any transfer of shares issued through a CSF Offer.
- Before investing in any offers please consider reading our Risk Warning & Disclosure available at merofund.com
The Platform may provide access to a protected forum for the users and members to send any questions and/or comments regarding the Software or Service. The Platform does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to support postings.
Improper Usage of the Platform
We reserve the right to reduce, liquidate, deactivate, suspend or terminate your Site membership or access thereto if we terminate the Service or if we suspect, after investigation, that you have misused the Merofund service, violated the terms of this Agreement, or have otherwise used the Merfund service to conduct any fraudulent or illegal activity.
Contact us on email@example.com if you have any questions.
Disputes between you and the Platform regarding the Site services, complaints or suggestions should be reported to technical support through email firstname.lastname@example.org