Terms of Use

Welcome to Merciful Group,

Last updated October 03, 2022

These Terms of Use (hereinafter referred to as the “Terms” or “Terms of Service” or “Terms & Conditions”) shall govern the relationship between Merciful Group Incorporated, a Sydney incorporation, bearing ABN – 72208016491, and having its principal office at 248 The Boulevarde, Punchbowl NSW 2196 (hereinafter referred to the “Company” or “Merciful Group” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user(s)”) and shall govern your use of our website – https://mercifulgroup.org/, and its related mobile application, namely, ‘Merciful Group’, as available on Apple App Store and Google Play Store (hereinafter referred to as the “Website” or “Site” or “App” or “Platform”).

ABOUT: Merciful Group Incorporated is a registered charity with the ACNC. Merciful Group was established to provide a bridge between humanity in need and those who can help. You can use our services to donate and provide assistance to refugees, orphans and the destitute, and also accept Zakat al-mal. Our notable features include: i) 0% admin fee, ii) 100% donations policy, and iii) Tax deduction benefit (*for Australian residents only) (hereinafter referred to as the “Service”).

Additionally, how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement and Cookie Policy. Please read these Terms carefully, as these, along with our Cookie Policy and Privacy Policy statement forms the entire agreement between you and Merciful Group. If you do not accept Terms in its entirety, then you cannot use our website or App or make a donation.

1. Acceptance of these terms

By downloading and installing our App, or by accessing or using or registering or availing services on our App or Site in any way, or by making a donation, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:

  1. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time on the Site and App.
  2. You are of sound mind and at least of such minimum legal age as per the jurisdiction in which you reside, in order to form a binding contract with us. In case you are not of the age of majority as per the laws of the State that you reside in, then you must have the permission of your lawful guardian to use and access the services on the Platform, and to make purchases. In case you are under the age of 13, you are not allowed to use our platform or our services. Additionally, if you are in the EEA, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have obtained verifiable consent from your parent or legal guardian.
  • We must not have previously disabled your account for violation of law or any of our policies.
  • You have read, understood and consented to our Cookie Policy and our Privacy Policy statement.
2. Accounts, passwords and security
  1. Account: To access various parts of the Platform, and to avail various services of Merciful Group, you are required to register and create an account with us. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
  2. Social Media Signup: Besides having an option to sign up using email, you also have an option of signing up using social media accounts, such as Google or Facebook or Apple. In case, you choose to sign up using any of the social media account, you will be re-directed to the website of such social media account, and therefore, in addition to these Terms and our Privacy Policy, you will also be subject to the terms and privacy policy of such social media platform. We are not liable for any loss causes to you due to any action of such third-party platforms.
  3. Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We ask that you should not share your account or password with any third party. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account or mobile phone.
  4. Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, or that you have created a duplicate account, in that case, we may terminate your account, and refuse current or future use of any or all of the services.
  5. No Selling: You cannot sell or transfer or gift any portion of your account to any third party without our prior written consent.
  6. Deleting your Account: You can delete your account from our Platform at any time. If you are unable to delete the account at your end for any reason, please write to us at support@mercifulgroup.org. Once you delete your account, this action is final and cannot be undone. To start using the Site/App again, you will then have to create a new account and start afresh.
3. How can you use the platform?

Allowed uses:

  • Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Platform.
  • Information: Whenever prompted, you must provide us with the correct, accurate and updated information. All the submitted information will be processed in accordance with our Privacy Policy
  • Legal Compliance: You must make all donations in strict compliance with the applicable law.
  • Feedback: Any feedback left by you on the Platform must not contain any defamatory, threatening, insensitive, harsh, rude, violent, racist, immoral, or unlawful content. We reserve the right to takedown any content that violates our Terms, or applicable law without any notice.
  • Material: For the purposes of these Terms, “material” shall mean any logos, trademark, text, image, video, graphics, sound material, published on the Platform, whether a copyright of Merciful Group, other members, our licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Platform. You must not reproduce any part of the Platform or the material or transmit it to or store it in any other website or application or disseminate any part of the material in any other form, unless we have indicated that you may do so.

Restricted uses:

  • You must not make donations from other person’s account, or from any unreported income.
  • You can’t impersonate others, create duplicate accounts, or provide inaccurate information about yourself.
  • You must not misuse or interfere with the Services or Site or App or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law and as per the directions provided by us.
  • You must not:
  • republish material from our Platform;
  • sell, rent or sub-license material from the Platform;
  • show any material from the Platform in public without our consent;
  • edit or otherwise modify any material on the Platform (other than editing your own content and information as per the method provided);
  • reproduce, duplicate, copy or otherwise exploit material on our Platform for a commercial purpose; or
  • redistribute material from the Platform, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
  • infringe or violate our Intellectual Property Rights or Intellectual Property Rights of any third party;
  • We reserve the right to restrict your access to any areas of our Platform, or indeed our whole Platform, at our discretion.
  • You must not use our Platform in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  • You must not use our Site or App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
  • You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform, without our express written consent.

In case of your violation or non-compliance of any of the terms mentioned in Terms, we reserve the right to suspend or terminate your account or your access to the Site or App or our services, at our sole discretion.

4. Donations

You can use our platform to send an amount of your choice as donation to the cause that you care about. These donations, including their amounts, shall be at your own accord and will, and you hereby represent that you are not making these donations a result of any force, coercion, undue influence, under the influence of alcohol, pressure, or in respect of any illegal or unlawful activity. You acknowledge and understand that you will not use our platform for making payments for any other purpose, and consequently you shall not receive any goods or services (including digital goods or services) or any other form of consideration or favour in exchange of your donations, either from Merciful Group, or from its affiliates or any third party. Merciful Group levies 0% admin fee, and donates 100% of your donations towards the cause. By making a donation on Merciful Group, an Australian resident may be able to claim tax deduction benefits. However, we advise that you consult your financial counsel before making any donations for claiming a tax deduction. Tax deduction benefit is not available to any other person (who is not an Australian resident). Depending on the payment method that you choose, you may be charged a transaction cost by the third-party payment service provider(s) that you choose to make the payment with. You shall be solely responsible for such fee and charge (where applicable).

5. Payments, subscriptions and taxes
  • Payments: All donation payments made on Merciful Group are processed by Stripe or Apple Pay or Google Pay, as our third-party payment service providers. Please refer to our Privacy Policy for more details.
  • Subscriptions: You can choose to donate on a regular and frequent basis with our subscription feature. Please note, when you choose to donate using a subscription, the donation amount selected by you will be automatically deducted on a frequent basis (daily, weekly, monthly or yearly – as chosen by you). You can cancel the subscription at any time before your next donation is deducted.
  • Fees and Charges: Merciful Group does not charge any fee or commission on donations made by you. However, depending on the payment method that you choose, you may be charged a transaction cost by the third-party payment service provider that you choose to make the payment with. You shall be solely responsible for such fee and charge (where applicable).
  • Taxes: Merciful Group does not withhold taxes on the donations made by you. You are solely responsible for your individual tax responsibilities. Please consult with your tax advisor for any tax-related advice. Merciful Group shall not be liable in this regard in any manner whatsoever.
6. No refunds

You hereby understand and acknowledge that donations made by you on Merciful Group platform are strictly non-refundable in any circumstances whatsoever. Moreover, since these donations, therefore, you shall not be entitled to receive any goods or services or any other form of consideration, either from Merciful Group, or from its members or affiliates, in any manner whatsoever.

7. Our content and rights

This website, domain name, App, its logos, its content, posts, designs, trademarks, trade dress, trade name, software, all of our features, functionalities and services, shall remain the sole property of the Merciful Group, and/or its licensors, as the case may be. Your use of or access to this Site or App or availing of our services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Site/App, our services, any content (except your own content), designs, published by us or our licensors or third parties. This Site/App and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names, domain name and designs appearing on this Site/App are the exclusive property of, or are licensed to the Merciful Group and are protected. No use of a trademark, trade dress, trade name, domain name, or design appearing on this Site/App may be made without the prior written permission of the Merciful Group.

8. Your feedback and rights
  1. Your information is yours: The feedback that you post may be protected by intellectual property laws. You own the intellectual property rights in any such content that you share on the Platform. Nothing in Terms takes away the rights you have to your own content. You are free to share your content (except defamatory one) with anyone else, wherever you want.
  2. License: However, to provide our Services we need you to give us some legal permissions (known as a ‘license’) to use this content of yours. This is solely for the purposes of providing and improving our Services.
  3. Description of License: Specifically, when you share content that is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, publish, distribute, modify, copy, publicly perform or display, and translate your content. However, we do not have any responsibility to use or display any part of your content on any part of the Platform. We retain the right to display the same at our own discretion. For example, if we find it rude, defamatory, misleading, or false, we might not display the same or take it down. Please read our Privacy Policy for more details.
9. Privacy

In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our website and app.

10. Links to third party websites

The Site and App might contain links to third-party websites, products and services. Such third-party links are not under the control of Merciful Group, and Merciful Group is not responsible for any third-party links. Merciful Group provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such a third-party website, and you get out of the jurisdiction of our Site/App. Therefore, you shall be governed by the terms, privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links, Merciful Group shall not be responsible.

11. Disclaimer

THE SITE, APP AND ALL INFORMATION, SERVICES, LINKS, OR CONTENT PROVIDED THROUGH THE SITE/APP ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR, ALL RISKS ASSOCIATED WITH THE USE OF THE SITE/APP, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR APP ON OR THROUGH ANY LINK ON THE SITE/APP. MERCIFUL GROUP DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE/APP; PROJECTS, FUNDRAISERS, REGISTRIES OR OTHER OPPORTUNITIES DESCRIBED, FEATURED, AND/OR AVAILABLE ON OR THROUGH THE SITE/APP; THE USE OF DONATION FUNDS PROMISED OR PLEDGED; AND ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE/APP OR ON OR THROUGH ANY LINK OR LISTING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

WE CANNOT GUARANTEE THAT YOU WILL OBTAIN A TAX BENEFIT BY MAKING A DONATION ON MERCIFUL GROUP. WE DO NOT GUARANTEE THAT THE SITE OR APP WILL BE OR REMAIN SECURE, COMPLETE OR CORRECT, THAT THE SITE OR APP, THE SERVER THAT MAKES THE SITE AVAILABLE, OR THE SERVICES ARE FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THAT ACCESS TO THE SITE/APP WILL BE UNINTERRUPTED. THE SITE/APP MAY INCLUDE INACCURACIES, ERRORS AND MATERIALS THAT VIOLATE OR CONFLICT WITH THESE TERMS. ADDITIONALLY, IT IS POSSIBLE THAT THIRD PARTIES MIGHT MAKE UNAUTHORISED ALTERATIONS TO THE SITE/APP.

12. Limitation of Liability

To the maximum extent permitted by law, in no event shall Merciful Group (or our licensors or affiliates) be liable to you or any third party for any financial loss, tax loss, emotional loss, lost data, breach of privacy, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use the Site or App or our Services, even if Merciful Group has been advised of the possibility of such damages. Access to, and use of, the Site and App is at your own discretion and risk, and you will be solely responsible for any damage to your person or property or finances or data resulting therefrom.

13. Indemnity

You acknowledge to defend, indemnify and hold Merciful Group, its affiliates, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable legal counsel’s fees, made by a third party, relating to, or arising from:

  1. Your violation of ours or any third-party rights;
  2. Your wrongful or improper use of our services, Site or App;
  3. Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our services;
  4. Your violation of Terms, or any other policy of Merciful Group as associated with our services;
  5. The indemnifications set forth above will survive the termination or expiration of Terms and/or your use of our services.
14. Legal Action

If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of Merciful Group by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.

15. Governing law and dispute resolution
  1. Governing Law: Terms and any dispute arising from the same will be governed by applicable laws of the New South Wales (Australia).
  2. Exclusive Jurisdiction: All disputes must first be attempted to be resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate courts situated in Sydney, Australia.
  • Waiver of Jury Trial: YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY. YOU AND MERCIFUL GROUP ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR IN RELATION TO THESE TERMS BETWEEN YOU AND US, SHALL BE RESOLVED BY A JUDGE.
  1. Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ADJUDICATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USERS.
16. Notices

When you use the Site or App or send emails to Merciful Group, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Site/App. Merciful Group will communicate with you by email or by posting notices on this Site/App. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to support@mercifulgroup.org.

17. Miscellaneous
  1. Independent Legal or Tax or Financial Advice: It is your obligation to obtain independent legal, tax, and financial advice at your own expense to ensure you understand the provisions of these Terms, and the implications of your donations.
  2. Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.
  3. Availability of Service: We are always trying to improve our Services. That means we may expand, add, or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.
  4. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
  5. Waiver: Our failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Merciful Group and you or any other party be deemed to modify any provision of these Terms.
  6. Survival: Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms, for any reason whatsoever.
  7. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
  8. No Assignment: You may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Merciful Group, which may be withheld at Merciful Group’s sole discretion. Any attempted assignment that does not comply with these Terms shall be null and void.
  9. Entire Terms: The Terms of Use, Cookie Policy and our Privacy Policy statement, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between Merciful Group and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Site/App.
  10. Force Majeure: Merciful Group and its members and affiliates will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lock downs or similar restrictions.
  11. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site/App after any amendments to these Terms shall constitute your acceptance to such amendments.
18. Grievance office / Designated representative

In the event you have any grievance regarding anything related to these Terms of Use or Privacy Policy or Cookie Policy, or with any content or service of Merciful Group, in that case you may freely write your concerns to the Grievance Officer/Designated Officer appointed below:

  • Name: Rabih Chamma
  • Designation: Admin Support
  • Email: info@mercifulgroup.org
  • Address: 248 The Boulevarde, Punchbowl, NSW – 2196
19. Feedback and information

We welcome your questions or comments regarding these Terms. You can write to us via email: support@mercifulgroup.org.

Last updated October 03, 2022

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