1.0 INTRODUCTION

At Merciheart, we provide these Terms and Conditions ("Terms") to define our relationship with you as you use (either as a visitor, donor or missionary) as you use our platforms/websites. By using our platforms or any of our services, you are agreeing to these Terms and they would be applicable to you in whatever capacity you access our platform/services.

• 1.1 Our Platforms are designed to disseminate information regarding our missions, activities and services. We reserve the absolute discretion to modify, replace, or terminate any aspect of the website's content or functionality at any time, without prior notice or liability.
• 1.2 We reserve the right to amend, substitute, or update these Terms, including any incorporated policies or legal notices, at any time without prior notification.
• 1.3 Your continued engagement with our platforms following any modifications serves as conclusive evidence of your acceptance of the revised Terms.
• 1.4 It is your responsibility to review these Terms periodically. Your ongoing use of the Services confirms that you remain informed of, and compliant with, all current regulatory requirements and conditions.
• 1.5 To the extent permitted by applicable law, these Terms are governed by the English language version thereof, translations into other languages may be provided for convenience only. In the event of any inconsistency or conflict between the English version of these Terms and any translation thereof, the English version shall prevail.

2.0 OUR SERVICES

2.1 The Platform: Merciheart provides a technology platform (the "Platform") that functions as an intermediary to facilitate donations from individuals ("Donors") to gospel-centered projects led by vetted individuals ("Missionaries").

2.2 Not a Professional Advisor: Merciheart is a facilitator, not a financial, tax, or legal advisor. While Merciheart vets Missionaries under its screened protocol, it does not guarantee that every project will achieve its stated objectives, as mission work often involves volatile environments. Donors are responsible for exercising their own prayerful discretion before giving.

2.3 International Scope: Merciheart operates globally. By using any of our platforms, you acknowledge that your data and donations may be processed across international borders.

3.0 PAYMENT AND FEES

• 3.1 Third-Party Processors: All payments/donations are handled by PCI-DSS compliant processors (i.e. Stripe, Paystack). You agree to be bound by their respective Terms of Service and Privacy Policies (collectively, the "Processor Agreements").
• 3.2 Sensitive Information: Merciheart does not hold your credit card details. All sensitive financial data is tokenized and handled directly by the processor.
• 3.3 Authorization: By making a donation, you authorize Merciheart to share transaction information with our Processors to facilitate the transfer.
• 3.4 Transfer of Liability: We are not liable for any errors, unauthorized charges, or security breaches occurring within the Processor's environment. Any dispute regarding a failed transaction or refund must be initiated with the Processor or your issuing bank.
• 3.5 Compliance and Verification: Our Processors may require "Know Your Customer" (KYC) documentation. Failure to provide this may result in the suspension of fund disbursements to Missionaries.
• 3.6 Administrative Fees: To maintain the operational integrity of our platforms, secure data hosting, and missionary support services, Merciheart shall deduct a mandatory administrative fee of 1.5% (one and a half percent) from the gross amount of every donation received (the "Administrative Fee").
• 3.7 Net Disbursement: The amount disbursed to a Missionary for a specific project (the "Net Donation") will be the total amount contributed by the Donor, minus:
• (a) The 1.5% Administrative Fee; and
• (b) Any applicable transaction or processing fees charged by third-party payment processors (e.g., Paystack or Stripe).
• 3.8 Acknowledgment of Use: By contributing through our platforms, Donors acknowledge and agree that this 1.5% allocation is essential for the continued provision of the Services and the safeguarding of mission funds. Donors further understand that the charitable tax receipt (where applicable) will reflect the gross donation amount prior to these deductions, in accordance with the regulations of the relevant taxing authority.
• 3.9 Currency Conversion: Donations made in a currency other than the Missionary's local currency will be converted by the Processor at their prevailing exchange rate. Merciheart is not responsible for losses due to currency fluctuation.
• 3.10 Sanctions and Export Control: Users represent that they are not located in a country subject to Nigerian, UK, US or Canada government sanctions (e.g. OFAC lists). We reserve the right to block transactions involving high-risk or sanctioned jurisdictions.
• 3.11 Anti-Money Laundering: Merciheart reserves the right to unilaterally hold or reverse funds if they are flagged by an Anti-Money Laundering monitoring system.

4.0 MISSIONARY REPRESENTATIONS AND WARRANTIES

• 4.1 The "Screened" Standard: Only Missionaries who have passed our internal vetting process may solicit funds. Merciheart is not obliged to conduct on-site physical surveillance of every project and relies on the conscientiousness and utmost accountability of the Missionary. This vetting is an administrative check and does not constitute a permanent endorsement of the Missionary's future conduct.
• 4.2 Accuracy of Information: Missionaries warrant that all screened documentation and project updates are accurate and not misleading.
• 4.3 Duty of Stewardship: Missionaries must use 100% of the net funds received for the project stated. Any diversion of funds for personal gain is a material breach of this contract and may be referred to law enforcement.
• 4.4 Media Rights & Consents: By uploading mission photos/videos, you grant Merciheart a worldwide, perpetual, royalty-free license to use that content for promotion. You warrant that you have obtained written consent from all persons depicted, particularly beneficiaries and minors.

5.0 DONOR TERMS AND IRREVOCABILITY

5.2 Variance Power/Reallocation of Funds: While Merciheart makes every effort to apply funds to the specific project chosen by a Donor, it reserves the power to redirect donated funds to another project or cause that aligns with Merciheart's objects under the following specific circumstances:

In exercising this variance power, we shall act in good faith to ensure that the redirected funds are applied to a purpose that most closely resembles the original intent of the Donor. By contributing, Donors acknowledge that Merciheart maintains ultimate legal control over all funds to ensure compliance with fiduciary duties and regulatory requirements for non-profit entities.

• 5.1 Irrevocable Gifts: All donations are voluntary, non-reciprocal, and irrevocable.
• (a) The designated project has achieved its funding goal and a surplus remains;
• (b) The project has become unnecessary, incapable of fulfillment, or legally frustrated due to unforeseen changes in circumstances; or
• (c) The recipient project or Missionary is found to be in material breach of these Terms and Merciheart Community Guidelines.
• 5.3 Tax Deductibility: Donors are solely responsible for verifying the tax-deductible status of their gift in their own jurisdiction.

6.0 PROHIBITED CONDUCT

Visitors, Donors and Users of our Platform agree not to use the Platform to:

• ❖ Mislead: Post false, inaccurate, or deceptive mission updates.
• ❖ Solicit Privately: Missionaries may not bypass the Platform to solicit Donors discovered through Merciheart for private donations.
• ❖ Compromise Security: Post GPS coordinates or sensitive location data of Missionaries serving in restricted or high-risk regions.
• ❖ Violate Community Standards: Post content that is defamatory, profane, or contrary to the Christian values outlined in our Community Guidelines: https://www.merciheart.org/community-guidelines.

7.0 INTELLECTUAL PROPERTY & USER CONDUCT

• 7.1 Our Content: All software, branding, and proprietary text are the property of Merciheart.
• 7.2 Your Content: You retain ownership of comments or photos you post, but you grant Merciheart a non-exclusive license to display and distribute that content to facilitate the mission of the Organisation
• 7.3 Prohibited Content: You may not post content that is: (a) doctrinally hostile; or (b) contains sensitive security data (e.g., precise GPS coordinates of missionaries in "Closed" countries) (c) promotional content or reference to another mission donation website
• 7.4 Platform Security: Users may not use automated scripts or "bots" to scrape data or manipulate donation counts.

8.0 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

8.1 "As-Is" Service: The platform is provided on an "as-is" and "as-available" basis. We disclaim all warranties of fitness for a particular purpose.

8.2 Merciheart would not be liable for the physical safety, or health of the concerned vetted missionary. Missionaries are not employees or agents of Merciheart, but independent actors.

8.3 To the maximum extent permitted by law, Merciheart, its trustees, and employees shall not be liable for any indirect, incidental, or consequential damages arising from:

• ❖ The conduct of any Missionary or Donor.
• ❖ The failure of a mission project to meet its goals.
• ❖ Technical interruptions or security breaches beyond our reasonable control.

8.4 Cap on Liability: To the maximum extent permitted by law, Merciheart's total liability for any claim shall not exceed the total amount of the cumulative administrative fee from the donation of the User/Donor in the six (6) months preceding the claim or ₦20,000 NGN/equivalent, whichever is lower.

9.0 INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Merciheart, its trustees, and employees from any claims, damages, or legal expenses (including solicitor fees) arising from: (i) your breach of these Terms; (ii) your User Content; or (iii) your interaction with any other User.

10. NO AGENCY

Nothing in these terms of service creates a relationship of employer/employee, partnership, joint venture or agency between Merciheart and any vetted missionary.

11. DISPUTE RESOLUTION

• 11.1 Mandatory Mediation: Consistent with 1 Corinthians 6:1-8, all parties agree to submit any dispute to Christian mediation before pursuing litigation. Mediation shall be by the appointed christian mediating body of Merciheart.
• 11.2 Jurisdiction: If mediation fails, disputes shall be settled by the courts in Nigeria.
• 11.3 Governing Law: These Terms shall be governed by the laws of the Federal Republic of Nigeria.

12.0 ENTIRE AGREEMENT

These Terms, along with Merciheart Privacy Policy and Community Guidelines, constitute the entire agreement between the parties and supersede all prior negotiations or drafts.

13.0 TERMINATION

Merciheart reserves the right to suspend or terminate any account (Donor or Missionary) at our sole discretion, without notice, for conduct that we believe violates these Terms or harms the reputation of the Gospel or the Organisation.

14.0 CONTACT

For any/legal inquiries regarding these terms, please contact us at legal@merciheart.org