2. Your access and use of our Services
2.1. A description of the Services
Morgi operates a website www.morgi.org ("Website"), on which individuals and entities ("Friends") can receive gifts ("Gifts") from other individuals ("Leaders") for giving purposes (together, "Services"). These Terms apply to any person using our Services, including Friends and Leaders, as well as any person visiting our Website (collectively: "Users").
2.2. Eligibility and Registration
In order to use our Services, you must be at least 18 years old or above the minimum legal age of maturity in your country. By accessing, using or interacting with our Services, you certify to us that you are of the legal age required in your jurisdiction to accept these Terms. In addition, in order to use certain aspects of our Services, you may be required to set up an account and provide us with certain information, as described below.
To facilitate the Services, Morgi relies on a native currency, called "Morgi Coin" (and "Micro Morgi Coin", which represents a nickel of a Morgi Coin), and the services of third-party payment processors, which are responsible for processing Gifts ("Payment Processor(s)"). Leaders wishing to make Gifts over the Website will open an account and deposit money, say US Dollar, with a Payment Processor. Once they deposited their money with the Payment Processor and transfer it to the relevant Friend, that specific Friend’s account will be credited, on the Website, with the equivalent amount of Morgi Coins or Micro Morgi Coins. Leaders will be able to purchase various packages of Morgis and to be credited via their Micri Morgi balance. This balance can be used to give Morgi, at any time, while having a chat with a specific Friends. Thereafter, Leaders will review Friends' profiles and Campaigns (defined below) on the Website and allocate their Morgi Coins to those Friends. Once Friends receive Morgi coins from Leaders, they can cash them out.
2.3.1. Payment Processors
2.3.2. Morgi Coins
Upon the receipt of Leader’s fiat money by a Payment Processor, we will create Morgi Coins representing the received amount and place them on that Leader account. Morgi Coins can be bought solely in Euro, GBP or US Dollars. Morgi coins may only be used for the limited purpose of making Gifts to Friends through Recurring Online Agreement(s) (as defined below). Morgi Coins cannot be used outside the Website, nor can they be transferred to persons or entities with whom the Morgi does not have direct commercial agreements.
2.3.3. Morgi Coins
A Morgi Coin represents a nickel of a Morgi Coin and it can only be used to make one-time Gifts (as described in section 2.4.2 below).
Friends can receive Gifts from Leaders in three ways: first, they can describe their gift goals in their profile (i.e. create a profile showcasing their personal info and life path) and receive Gifts on a recurring basis ("Recurring Gifts"); second, they can receive one-time Gifts from Leaders within the communication channel that opens once Leaders sign a Recurring Online Agreement ("Campaign"); and third, they can open a fundraising campaign ("Goal") with the purpose of receiving Gifts for a specific ongoing purpose (for example, purchasing a violin).
2.4.1. Recurring Gifts
To make Gifts on a recurring basis, Leaders will need to fill a "Recurring Online Agreement", to be billed via one of our Payment Processor, which specify (i) the name of the Friend(s) to whom they wish to make a Gift; (ii) the amount of the periodical payment (for example, 50 Morgi Coins); (iii) the frequency of the payments (for example, a monthly basis); and (iv) the number of periodical payments they wish to make (for example, 5 monthly payments). After filling the Recurring Online Agreement, the Leader’s account will be billed in line with the specifics of the Recurring Online Agreement. The account will be billed until the Leader terminates the periodic payments or when all periodical payments were made. Leaders can change or terminate the Recurring Online Agreement at any time. Changes to or the termination of the Recurring Online Agreement will apply only to periodical payments that take place after we receive notice of such changes or termination. Recurring Gifts can be paid solely with Morgi Coins, as opposed to Morgi Coins. When entering into a Recurring Agreement, you, as a Leader, (i) authorize Morgi and the Payment Processors to bill your account, in advance of any periodical payment, and until the termination of the Recurring Online Agreement; (ii) agree to update your account with any changes in connection to your payment instrument.
2.4.2. One-time Gifts/Campaigns
Once a Leader signs a Recurring Online Agreement, an open communication channel will be open between that Leader and the Friend who receives the periodical Gifts. Within that communication channel, Leaders can make one-time Gifts in the form of Micro Morgi Coins. Those one-time Gifts can be made solely with Micro Morgi Coins.
2.5. Conditions and Restrictions
A few restrictions and conditions may apply to your use of our Services, as described below.
2.5.1. For Leaders
When making Gifts via our Website, you, as a Leader, acknowledge and agree that (i) a minimum Gift threshold may apply; and (ii) you cannot cash-out Morgi Coins from your account; you may only transfer those to Friends. Additional restriction and representations appear on sections 9 and 11 below. The minimum Gift threshold may change from time to time, at the Company’s sole discretion and shall be presented on site.
2.6. Limitations of our Services
2.6.1. We do not process Gifts
Morgi is not a payment processor and does not, at any time, enter into control or possession over Friends’, Leaders’, or any other User’s funds. Instead, as described above, it uses the services of Payment Processors. Any transfer of Morgi Coins from Leaders to Friends is directed solely by Leaders.
2.6.2. We only provide administrative and technical services
Morgi merely provides the underlying platform enabling the facilitation of Morgi Coins from Leaders to Friends. Morgi is also not a broker, payment institution, financial institution, or creditor. No content on this Website is intended to provide financial, legal, tax or other professional advice. Before making any decisions in connection to the Services or any information on the Website, you should consult your financial, legal, tax or other professional advisor.
2.6.3. We do not engage in solicitation activities
The existence of the Services is not a solicitation of Gifts by Morgi, or consult on the solicitation of Gifts from the public.
When making Gifts on the Website, the following fees will apply: For every transaction involving Morgi and\or Micro Morgi Coins (that is, recurring Gifts and Gifts to Campaigns and Goals), (i) 10% will be deducted for billing costs; (ii) from the remaining amount, 25% will be deducted, meaning that Friends will receive 75% of the remaining amount. In addition, Payment Processors’ fees may apply when withdrawing the Morgi Coins.
All Gifts are final. If you seek to request a refund for your Gifts, you should contact our Customer Service and explain us why you would like a refund. If the Friend agrees to issue a refund. In any case, Morgi is not liable to you or any third party for any claims, damages, costs, losses, or other consequences in this regard. Additional restriction and representations appear on section 11
5. Intellectual Property
5.1. Trademarks and copyrights
The brand names relating to the Website and any other trademarks, service marks, and trade names used by the Company or on its own behalf from time to time ("Trademarks") are the trademarks, service marks and trade names of the Company or one of its group companies or its licensors and these entities reserve all rights to such Trademarks. In addition, the Company, including its affiliates and subsidiaries, owns the rights in all the available via the Website, including but not limited to the information, images, pictures, graphics, photographs, animations, videos, music, audio, and text. This content is protected by copyright.
5.2. Ownership of your content
When using our Services, you may upload the Website information – for example, about your Campaigns – which may include texts, photos, videos, images, trademarks, logos, brands or other materials. We do not claim ownership of the content you post, upload, or share on the Website. However, when you do so, you grant us a worldwide, royalty-free, on-going, and transferable right and license to use, copy, reproduce, process, adapt, modify, translate, publish, transmit, display and distribute such content. You acknowledge herein that you have all applicable and required authorizations and permits to the content you upload to the Website.
5.3. Copyright claims
If you believe that any material on the Website infringes upon any copyright which you own or control, you may send a written notification of such infringement to DMCA@Morgi.org To be effective, and to meet the requirements of the Digital Millennium Copyright Act, the notification must be in writing and contain the following information:
If a content you uploaded to the Website was removed, pursuant to this Section 5.3., but you believe that this content is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content, you may send us a written counter-notice, to the aforementioned address, containing the following information:
5.4. Repeat infringers
In accordance with the DMCA and other applicable law, we may terminate, in appropriate circumstances and at our sole discretion, the provision of our Services to Users who are deemed to be repeat infringers. We may also, at our sole discretion, limit or terminate the access to our Website or Services for Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. Third party websites and content
6.1. Third party websites
The Website may contain links to other websites ("Third Party Website(s)"). Such Third Party are not investigated, monitored, or checked for accuracy or appropriateness by us. We are not responsible for any Third Party Website accessed through the Website. If you decide to leave the Website and access Third Party Websites, you do so at your own risk. When you visit Third Party Websites, these Terms no longer govern and your use and access to those Third Party Websites is governed by their terms and policies.
6.2. Third party content
The Website contains information such as text, photos, videos, and other materials uploaded by third parties, such as Leaders and Friends ("Third Party Content"). Such Third Party Content is not investigated, monitored, or checked for accuracy, appropriateness, completeness or reliability by us. We have no control over Third Party Content posted or uploaded to our Website and hereby disclaim any and all liability in this regard.
7. Content removal and suspension or termination of the provision of the Services
You acknowledge and agree that Morgi can remove any content or information you share on the Website, as well as suspend or terminate your account or access to our Services, at any time, without notification, if we believe, in our sole discretion, that (i) you have breached these Terms or any other policy, including our Community Guidelines; (ii) we are permitted or required to do so by any applicable law; (iii) it is necessary to protect ourselves, users of our Services, or any third party. We expressly disclaim any liability or responsibility for you or any other third party that may arise due to the removal of your content or any restriction, suspension, or termination of your account or access to our Services. By way of illustration, examples of cases where we might suspend or terminate your access to our Services include cases where we believe, in our sole discretion (i) that information provided by you is incorrect or misleading; (ii) your fundraising cause is prohibited by these Terms; or (iii) you, as a Friend, collude with Leaders to engage in fraudulent activity.
8. Suspension of our Services
We reserve the right to modify or suspend, temporarily or permanently, any and all part or of our Services, at any time, for any reason (for example, for maintenance work). You confirm that the Company shall not be liable to you or any third party for any claims, damages, costs, or losses resulting from the modification to, suspension of or discontinuance of the Website or Services.
9. Prohibited fundraising causes
To ensure the safety, security, and integrity of our Services, we limit the types of content and fundraising causes that can be used through our Services. You hereby agree not to use our Services to contribute gifts to any cause that may, explicitly or implicitly, involve:
This list is non-exhaustive. We will decide, in our own discretion, whether a specific cause falls within the scope of that list. We may, in our sole discretion, update this list, at any time, for any reason, and without prior notification. If you have identified Campaigns and Goals or other content on the Website that is not consistent with this list, please let us know, by sending an email to: email@example.com
10. User disputes
You are solely responsible for your interactions with other Users. Morgi reserves the right, but have no obligation, to monitor disputes between you and other Users.
When using or accessing our Services:
You agree to defend, indemnify, and hold the Company, including its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, arising out of or in connection with your access, use, or interaction with our Services. Under no circumstances whatsoever will Morgi be liable in any way for any content that Users share, publish, display, or transmit with the Website, including, without limitation, for any infringement of third party’s right, loss or damage of any kind incurred as a result of the use or display or performance of any third party content transmitted, displayed or otherwise made available through the Services.
13. No warranty
14. Limitation of liability
You agree that you are free to choose whether to use the Website and the Services and do so at your sole option, discretion, and risk.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR WEBSITE OUR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. Governing jurisdiction
By visiting or using our Website or Service, you agree that the laws of Cyprus , without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms.
16. Changes to these Terms
We reserve the right to change these Terms at any time. Any material change would be effective fifteen (15) days as of being notified, either via the website or through email. The most current version will always be posted on our Website (as reflected in the “Last Revised" heading). You are advised to check for updates regularly. By continuing to access or use the Website after any revisions become effective, you agree to be bound by the updated Terms.
We may terminate your access to, or use of, the Service or Website in accordance with section 7 above. The provisions entitled Indemnity, No warranty, Limitation of liability, Governing jurisdiction, General, and Arbitration shall survive any expiration or termination of these Terms.
19. Contact us
If you have any question, concern, or complaint with relation to these Terms or our Services, our Website, or our Services, please feel free to address us via the available chat option.
Contact us at firstname.lastname@example.org