Terms of Use

 

Terms of use 

About M-funding

M-funding holding Ltd, is a venture company whose mission is to facilitate access to finance for young social impact entrepreneurs in Africa and ensure their follow-up in the process of developing their business. In order to facilitate customers experience, M-funding holding Ltd provides them a online crowdfunding platform. To do that, M-funding was prepared also some roules to regulate the use of the platform so that the company presents to users, the terms and conditions that they will going to respect when they sign up on the platform.

This page tells to customer the terms on which he may use the platform www.m-funidng.com  and mobile application. By using this Site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using this platform.

Register on m-funding.com

The inscription on the site www.m-funding.com  is done by filling a form committed for this purpose. Thus, the user will be able to have his own account, and his identifiers which will enable him to accede to the services proposed by the site.

Users categories

Anyone can be a visitor of a normal user on the platform but only users with the capacity to contract (adult), can submit a project or invest in one of them. In the case of a project carried by a minor, the minor must be sponsored by an adult.

There is 3 type of users on M-funding:

  • Normal user : can create a social cause campaign and support others;
  • Entrepreneur: can create an equity campaign and raise fund from investors. He can also support social causes;
  • Investor: can invest in equity project and can also donate for social causes.

The representative of the User legal entity is obliged to hold all the rights necessary to the conclusion of the present on behalf of the legal person that it represents.

The Company shall accept the User's registration. In particular, the Company reserves the right to refuse registration to any User who does not fulfill the conditions of good morality, or which is appropriate to the values ​​and ethics that the Company endeavors to convey, without the latter shall be required to give reasons for such refusal.

The Company is the sole decision-maker of the registrations it retains, without any recourse or compensation of any kind whatsoever. Upon registration on the site, the user will be able to possess an identifier and a password of his choice. It is these identifiers that will allow him to access his personal account. He will also have the opportunity to add his photo and others informations required by the platform.

To submit a project on m-funding

Project owners who want to publish their Projects on m-funding.com in order to be funded are required to fill a form on the platform and submit the pitch of the project that will permit the m-funding team to analyze it.

In order to be accepted by m-funding for the fund raising campaign, the project must satisfy to 5 criteria :

  • Social Impact Project (Mission): A project which resolves a real socio-economic problem;
  • Complementary Team (Team): The different team members must have the required skills to implement the project and to ensure its growth;
  • Funding target: The Financial Objective must be clear, fair and realistic;
  • Real Existing Needs (Opportunity: the project team members have to demonstrate how the project meets the market needs and how it will be accepted;
  • Sustainability: The project solution must continue to be sustainable in the time, not a one time solution.

Responsibility

The project promoter is entirely responsible for the presentation of the Project published on the Site and must ensure that this presentation does not mislead Users.

The Bidder acknowledges that the fact of providing misleading, incomplete or erroneous information is liable to be liable to the Company and the Users and assumes full responsibility for the consequences resulting from any omission or negligence in this regard respect.

M-funding liability

The material displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results or the use of this Site, any websites linked to it and any materials posted on it, including, without limitation any liability for :
    • Loss of business;
    • Loss of income or revenue;
    • Loss of profits or contracts;
    • Loss of anticipated savings;
    • Loss of data;
    • Loss of goodwill;
    • Wasted management or office time;​

and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

The platform shall not be liable to the user for any errors, omissions, interruptions or delays in the operations carried out via the Site resulting from unauthorized access to the Site. The Issuer shall not be liable for theft, destruction or unauthorized disclosure of data resulting from unauthorized access to the Site.

In the case of dramatic event as death, incapacity, accident of the Bidder of Projects or any other event placing him in the inability to carry out his Project, the Company is authorized to suspend the collection in progress and refund all contributors.

The Company may discretionarily cancel a collection in progress and delete a Project if it is found that the Proponent contravenes this Agreement. In this case, all the registered contributions would be immediately canceled, the users concerned refunded and the Project promoter could not claim to recover the sums collected.

The Project Proponents acknowledge that they are firmly determined to use all means to realize their Projects if they succeed in collecting the necessary Contributions. They are invited to update their Projects on a regular basis and to share with other Users information concerning the news of their Projects and their implementation. They undertake to keep their users informed of the major advances of their Projects, even after the expiration of the Collection Period.

Promotion on and off Site

The project promoter hereby agrees that the contents and information provided are freely exploited by the Company for the purpose of promoting the Project.

As such, the Project owner grants to m-funding.com the right, in particular: to use, in the context of its communication and promotion of the Site, its name and the name and characteristics of the Project; the right to reproduce and reproduce the contents and information provided on the Site on any network, by any process, in any known or unknown form, in association or not with other works of any kind whatever these operations are carried out in connection with the promotion of the Project;

Commission fees

The company does not charge any commission on user contributions. The commissions are borne by the project bearer and only take effect at the end of a successful campaign. If the project has not reached his financial target, the project owner has no royalties towards the Platform.

In case of successful campaign, the platform charge only 6.7% (ATI) of the total money raised from your fully funded campaign. There is no others fees hidden.

Electronic money payment transaction

The amount of the payment transactions is deducted from the amount of electronic currency entered in the account dedicated to the project.

The currency accepted on the platform for international transactions is US Dollar, and local currencies are also acceptable according to an up-to-date exchange rate.

Report

The platform is required to maintain in its books the user account for a residual period of 13 (thirteen) months from the date of each payment transaction in order to allow the user to make any contestations, if necessary.

The user may at any time access, on-line on the Site, a detailed statement of the payment operations that he has made on the platform.

Donors or investor will receive a electronic receipt after every transaction on the platform and the transaction will be visible on his delivery on the platform.

Site maintenance

The platform reserves the right to temporarily suspend access to the online account for technical or maintenance reasons without these operations being entitled to any compensation. It undertakes to limit this type of interruptions to the strictly necessary.

User Commitment

The User guarantees that no element of his profile on the Site infringes the rights of third parties or is contrary to law, public order and good morals. Otherwise, the platform will be obliged to delete the account of this user.

Inactive accounts

The company reserves the right to close inactive accounts for more than 24 months.

Applicable taxes on collected funds

It is the responsibility of each user to pay any applicable tax or associated tax, whether on the contributions collected through the intermediary of the Site as Project Bearer, or on the Contributions contributed by the users of the site, as support for the Project. The platform can not in any case replace them for this purpose nor even advise them on the nature and the detail of their obligations.

Right to retract

The User has a period of 7 (seven) days in order to exercise his right of retract, without having to justify reason or bear a penalty. This retracting period begins to run from the date of the operation.

The User must notify his / her request for retract within the time allowed to the customer service by telephone or by email and send a confirmation letter to the address of the customer service.

Withdrawal

A the end of the campaign, the entrepreneur has obligations to carry out all legal formalities related to the entry of new investors into the company. As a result, the money raised during the campaign will not be paid to the entrepreneur until he has submitted all these required documents.

The transfer of money to the account of the entrepreneur is done within a period not exceeding 8 days after receipt of the legal documents of the company already modified.

In order to secure the investors and avoid all possible fraud, a right to retract of 7 days is accepted by the platform.

Exceeded this period and if there are no claims, the money is transferred to the account of the contractor. an acknowledgment of receipt will be sent by the contractor to the platform.

Anti-Money Laundering and the Financing of Terrorism Rules

The platform is subject to all the regulations of each country in which the company is operational, relating to the fight against money laundering and the financing of terrorism.

Pursuant to the regulations on the participation of financial institutions in the fight against money laundering and terrorist financing, the platform is required to inform any user of any transaction or business relationship of the origin, the object and the destination of the operation.

It must also perform all the necessary steps to identify the User and, if applicable, the beneficial owner of the account and / or the operations related to it.

The User undertakes to facilitate m-funding to exercise due diligence to enable the platform to carry out a thorough review of the transaction, to inform it of any exceptional operation in relation to the transactions normally recorded herein and to provide it any document or information required.

The User acknowledges that the platform may terminate or postpone at any time the use of an identifier, access to an account or the execution of a Transaction or a refund in the absence of an account or sufficient element on its object or its nature.

The User may, in accordance with the regulations, access all the information thus communicated, provided that this right of access does not call into question the purpose of the fight against money laundering and the financing of terrorism when these data relate to the applicant.

No action or civil liability may be instituted or any professional penalty imposed on the platform, its officers or agents who have made representations of suspicion in good faith to their national authority.

Personal data and professional secrecy

M-funding holding Ltd guarantees in good faith to all its users the protection of their personal data which can not be sold or transmitted to third parties or to state services, except in the case of a judicial injunction. However, before undertaking this transfer, the company is required to inform the person concerned in advance.

The team of M-funding Ltd is bound by professional secrecy, and can not disclose any information concerning a user or a promoter. Violating this commitment is a serious breach and those responsible will have to respond.

Evidence Convention

All data that are unalterably, reliably and securely retained in the platform's data base relating to payment orders and confirmations received from the User, notifications sent, access, withdrawal, refund, party until evidence to the contrary.

Payment by check or wire transfer

The Company reserves the right to accept or not the payment by check or transfer for each of Projects if the transaction was not passed in his system. In this case, the Contributions will be managed by the Project promoter himself who will directly collect the contributions and he will be the only responsible of that.

The platform can be in any case responsible for transactions that have not passed through its system.

Payment Gateways

The user accepts to use the electronic payment gateway provides by the platform. The platform proposes to his customers 3 payments gateways:

  • Payment by Paypal or Credit card;
  • Payment by Mobile money;
  • Payment by Bank transfer;

By choosing one of the 3 payment gateways proposed by the platform, the user accepts to terms and conditions of each partner.  

The platform with his partner have also responsibility to ensure the security of any financial electronic transaction realized by user.  

Discharge of responibility

The User acknowledges that, in general and in the current state of the art, whenever it provides personal information online, this information may be collected and used by third parties. Consequently, the User discharges the Company from any liability or harmful consequence of the use by third parties of the information exchanged through the communication tools offered by the Site.

Availability of the Site

The Company has an obligation of means for the provision of the Services. It therefore disclaims any responsibility for any unavailability, suspension or interruption of the Site or Services that may occur in the course of maintenance, hardware or software upgrades, emergency repairs to the Site or as a result of circumstances beyond its control (for example, but without limitation, in case of technical breakdown or failure of the telecommunication links and equipment).

The Company shall endeavor to take appropriate measures to limit such disturbances to the extent that they are attributable to it.

Intellectual property

The projects posted on the M-funding site remain the intellectual property of their promoters and the company can not in any case own it. We are not responsible for content posted by third parties on our website (including content posted by investees and investors), including the content of pitches, pitch videos, images and content in the discussions.

Trade mark

M-funding is a trademark of the M-funding holding Ltd company.

Final provision

By registering on the site, the user adheres to the general conditions of use of the site at the same time and undertakes to respect them. These different provisions are not an end in themselves but can be updated over time.

If you have any preoccupation, please to contact us on info@m-funding.com

We are pleased to serve you and to count you among our users. Thanks