Investor’s electronic signature declaration: I hereby affirm that these User Registration Terms and Conditions shall be executed by electronic signature, which shall have the same effect as manual / handwritten signature. Electronic signature shall be effective once I click the accompanying button which accompanies these Terms and Conditions, and once I complete the process of registering on the mamun website. I affirm that I have full knowledge of my electronic signature and that I consent to be bound by these User Terms and Conditions through electronic signature.
Please read these User Registration Terms and Conditions ('Terms') carefully before registering as an investor on our crowdfunding platform ('Platform'). owned and operated by mamun Crowd Funding LLC (CR 1471644) holder of CMA license no. خ/161/2022 PO Box 501 PC 112, Muscat, Sultanate of Oman ('Operator,' 'we,' or 'us' or “Mamun”). These Terms govern your use of the Platform and constitute a legal agreement between you ('Investor', or 'you').
By completing the registration process and accessing or using the Platform, you agree to be bound by these Terms. If you do not agree with any provision of these Terms, please do not proceed with the registration process. You must comply with these Terms in order to use the Platform.
1. Eligibility:
- By registering as an investor, you represent and warrant that you are at least 18 years of age and that you are of sound mind.
- If you are registering on behalf of a legal entity, you represent and warrant that you have the authority to bind the entity to these Terms.
2. Account Registration:
- To register as an investor, you must provide accurate, complete, and up-to-date information during the registration process. This includes your full name, contact information, and any other details required by the Platform.
- You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You must not share your credentials with any third party or allow unauthorized access to your account
- You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this obligation.
3. Operator’s Role:
- We are responsible for operating the Platform, which allows registered Investors to (i) view potential investment opportunities offered by third party campaign creators (“Creators”), and (ii) invest in these investment opportunities. The investment opportunities may be presented on the Platform in the form of campaigns or projects or dedicated funds. The Creators must also be registered with the Platform or have signed a listing agreement with the platform, or a special purpose dedicated fund is created by the Platform for investment into related financing/investment opportunities by Creators.
- For the avoidance of doubt, we are merely the Operator of the Platform. In this role, we are not offering any investments to you. And neither are you investing in us, by using the Platform. Instead, through the Platform, we are (i) helping you to view investment opportunities offered by Creators, and (ii) helping Creators seek investments from you. In effect, we are acting as a facilitator for you to identify and pursue investment opportunities offered by Creators.
- We will endeavor to make the Platform available at all times. However, it may be interrupted, limited or curtailed due to maintenance and repair work, upgrades, transmission or equipment limitation/failure or other technical issues, and in the event of emergencies.
- We do not represent or warrant that the Platform will be uninterrupted or free from any errors. We do not guarantee the suitability of the Platform for your investment requirements.
- We reserve the right to amend, revamp or make any changes to the Platform for any reason whatsoever, including in order to comply with laws, improve security or defects, or to generally improve the functionality of the Platform.
- From time to time, we may conduct audit checks on user accounts on the Platform, in order to monitor the performance of the Platform and to gather data.
4. Investment Risks:
- By registering as an Investor in the Platform, you may decide to pursue investments which are offered by Creators. Any investment involves inherent risks, including but not limited to financial loss, lack of liquidity, and dilution of investment.
- You acknowledge that investments made through the Platform are speculative in nature and may result in the partial or total loss of your investment. There is no guarantee that an investment will be successful; and neither is there any guarantee that past performance of an investment is indicative of future results.
- You further acknowledge and accept that if you decide to pursue investments on the Platform, such a decision is yours alone. We shall not be held responsible for any consequences arising from your investment decisions or from your general use of the Platform.
- It is your responsibility to conduct independent research and due diligence before making any investment decisions. We do not provide investment advice or recommendations
5. Investment Opportunities:
- We shall list investment opportunities from Creators on the Platform. The information regarding the investment opportunities shall be given by the Creators, and in the case of general purpose funds, by Us
- We do not guarantee the accuracy, completeness, or reliability of the information on the investment opportunities on the Platform. You acknowledge that any investment decision based on such information is at your own risk.
- You acknowledge and agree that the Operator is not responsible for any claims, representations, or warranties made by Creators or other third parties. It is your responsibility to verify the correctness, accuracy and legitimacy of the information contained on the Platform.
6. Investment Process:
- By investing through the Platform, you understand and accept that we act solely as an intermediary facilitating the investment process. We do not participate in the actual business operations of the Creators, nor are we directly or indirectly involved in the investment opportunities which are offered by the Creators.
- We do not provide investment advice, recommendations, or endorse any specific investment opportunities. We provide the Platform for informational purposes only
- The decision to invest and the amount invested are solely your responsibility. You should carefully consider your financial situation, risk tolerance, and investment goals before making any investment. You should seek independent financial advice before making any investment decisions.
7. Fair use of the Platform
- The Platform is intended to be used in a fair and professional manner. To this end, you acknowledge and agree that you will not, and will not permit others, to:
- use your user account for any unlawful or fraudulent activities;
- use the Platform for any inappropriate or immoral purpose;
- use the Platform in a way that impairs or damages the Platform;
- use the Platform in a way that adversely affects our reputation, business, systems, third parties or the public generally;
- use the Platform to communicate or behave in any manner which is offensive or causes nuisance, including any communication of content which is unlawful, threatening, obscene or abusive;
- use the Platform to transmit harmful or objectionable content (such as viruses, corrupted files, spam mail or Trojan Horses);
- use the Platform in a way which interferes with access to and use of the Platform by others; Or
- use the Platform in a breach of any applicable laws or regulations.
- You acknowledge that your user account is intended for use by you only. You will not resell, redistribute or make use of the account or Platform for any commercial purpose.
8. Fees and Expenses:
- The Operator may charge fees for the use of the Platform or related ancillary services including deposit fees, withdrawals, commission on profits, and other fees if any. These fees will be communicated to you before you make any deposits, investments, or withdrawals. It is your responsibility to review and understand the applicable fees.
- You are responsible for any taxes or expenses incurred as a result of your investments through the Platform. We do not provide tax advice, and you should consult with your own tax advisor regarding your tax obligations.
9. Membership Tiers:
- The Platform offers different membership tiers, each with its own benefits and features. The membership tiers may include Starter, Professional, Premium and other levels, or any other tiers as determined by the Operator. The membership tiers, and the terms and conditions of each membership tier, may be revised by us from time to time.
- Each membership tier has an annual and/or monthly billing cycle, starting from the date of your registration or upgrade to that tier. If you upgrade from one membership tier to another, the annual or monthly time countdown will restart based on the upgrade date.
- The benefits of each membership tier may include exclusive investment opportunities, priority access to campaigns, enhanced customer support, participation in a referral/reward program and other features as determined by the Operator. The specific benefits of each tier will be communicated to you.
10. Our Services and the Automated Investment Allocation (AiA) Service:
The basic services provided by the Platform to you include:
- Searching for, sorting, listing and displaying information on various investment opportunities offered by Creators;Managing your experience and the deposited funds, and their returns if any.
- Organizing the investment process and combining your investment with other investors, for investment of a targeted financing for a company / investment applicant.
- As an Investor, you have the ability to utilize the Automated Investment Allocation service ('AiA'). AiA allows your deposited funds in the investment wallet to be automatically invested into opportunities based on the preferred investment criteria which you have chosen.
- The AiA service utilizes algorithms and predefined parameters to allocate your funds among available investment opportunities. The Operator does not guarantee the performance or success of any investment made through the AiA service.
- You acknowledge that the AiA service operates based on the information provided by Creators and third-party sources. The Operator does not warrant the accuracy or reliability of such information
- You understand and accept that the use of the AiA service is subject to additional terms and conditions, which will be presented to you separately. By utilizing the AiA service, you agree to be bound by those additional terms and conditions.
11. Communication, Privacy and Confidentiality:
- By registering as an Investor, you consent to receiving electronic communications from the Operator, including notifications, newsletters, and updates related to your investments and the Platform
- The Operator respects your privacy and handles personal information in accordance with applicable laws and our Privacy Policy. For detailed information on how we collect, use, and protect your personal data, please refer to our Privacy Policy at mamun.om/privacy.
- You agree to keep all information presented in the Platform as strictly confidential information. This requirement shall survive the termination of your use of the Platform. Confidential Information means all information (however recorded or preserved, including transmitted whether orally or in writing in the Platform), whether marked as confidential/proprietary or not, relating to the Platform, and the investment opportunities. This includes any and all information about the listed opportunities, including any accompanying documents or attachments attached to them.
12. Suspension and Termination:
- Mamun may suspend or terminate the Investor's account on the Platform at any time and with immediate effect, due to the following:
- breach of these Terms;
- security reasons;
- suspicion of money laundering;
- suspicion that investments are being made from illegal sources or with proceeds from illegal activity;
- if the investor is under criminal investigation, being actively prosecuted or is wanted for a material criminal liability;
- impersonation of identity;
- fraud
- if the investor is under age;
- if the investor does not have a valid legal authorization to register and invest through the Platform; or
- if the investor intentionally or unintentionally discloses confidential information or conceals any information.
- Upon termination for any of the reasons outlined in Clause 12.1 above, Mamun reserves the right to block your access to the Platform, to suspend or remove your Investor Account from the Platform, and to prevent you from making any further investments through the Platform. We may take necessary action in relation to your Investor account and on existing investments which you have made on the Platform, in order to comply with the law or instructions from the authorities.
- If you choose to terminate your participation on the Platform of your own accord (apart from due to any of the circumstances set out in Clause 12.1), we will facilitate the closure of your user account and also disable your access to the Platform. However, any existing investments you have made on the Platform will remain in effect. Furthermore, if there are any outstanding obligations you owe towards us or Creators, then these obligations must be settled before you are able to terminate participation on the Platform.
13. Limitation of Liability:
- To the maximum extent permitted by law, the Operator and its affiliates shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Platform (including without limitation, damages for loss of privacy, property damages, damages from interruption or failure of the Platform, loss of data or loss due to unauthorized access, viruses or other harmful components).
- You acknowledge that we shall not be liable for any financial or other losses you may suffer as a result of any investments you make on the Platform. Your investment decisions are solely your responsibility. Our role as the operator of the Platform is limited to acting as an intermediary for the investment-making process.
- You also acknowledge that the Operator’s responsibilities towards you may differ, depending on the specific investments which are made. Different investments may be subject to different terms and conditions, and may involve different types of risk.
- You agree to indemnify us against any claims, demands, legal actions (whether actual or threatened) liabilities, costs or damages arising out of your use of the Platform. You agree to pay our legal costs, expert costs and related fees and expenses arising out of such actions or claims.
- You also acknowledge that the Operator’s responsibilities towards you may differ, depending on the specific investments which are made. Different investments may be subject to different terms and conditions, and may involve different types of risk. Notwithstanding any thing else in this Agreement, the maximum liability of the Operator shall not exceed the amount equal to the annual subscription fees or part of it actually paid to the Operator for the use of the Platform. And in the case of non paid subscription, then the maximum liability of the Operator shall not exceed the amount equal to fees or part of it actually paid to the Operator for the use of the Platform.
14. Disputes between Investors and Creators:
- You further agree that if you have any disputes with Creators on the Platform, then this shall be resolved by you and the Creators directly, unless specified otherwise by a specific investment agreement. You undertake not to involve us in any such disputes, although we shall have discretion to mediate and consult on the dispute if necessary
15. Intellectual Property:
- Any and all intellectual property rights, including copyright, trademark and design rights to the Platform and the Creators in it, are held by Us or the Creators where the case may apply. Your use of the Platform in no way entitles you to ownership of any such intellectual property rights.
16. Transfers and Assignments:
- You shall not transfer or assign any of your rights and responsibilities under these User Terms and Conditions
17. Governing Law and Dispute Resolution:
- These Terms shall be governed and interpreted by the laws of the Sultanate of Oman. Any dispute arising out of or in connection with these Terms, which cannot first be amicably settled, and which cannot be resolved by mediation, will be referred exclusively for final settlement through ARBITRATION IN ACCORDANCE WITH THE RULES OF ARBITRATION OF THE OMAN COMMERCIAL ARBITRATION CENTER (THE “RULES”) by THREE ARBITRATORS TO BE APPOINTED IN ACCORDANCE WITH THE RULES. THE AWARD UPON ARBITRATION SHALL BE BINDING AND FINAL AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION
18. Modifications:
- We reserve the right to amend these Terms at any time. Any such amendments will be notified to you. If you continue to access and use the Platform after the Terms have been amended, you shall be deemed to have accepted the amendments. If you reject any amendments to the Terms, then you are required to immediately notify us, and we may then terminate your participation in the Platform.
19. Entire Agreement:
- These Terms, together with any additional agreements or policies referenced herein, constitute the entire agreement between you and the Operator regarding your use of the Platform and supersede any prior understandings or agreements.
20. Contact us
- If you have any questions or comments about these terms and conditions, please e-mail us at: support@mamun.ai
By completing the registration process, you acknowledge that you have read, understood, and agree to be bound by these Terms. Investor’s electronic signature declaration: I hereby affirm that these User Registration Terms and Conditions shall be executed by electronic signature, which shall have the same effect as manual / handwritten signature. Electronic signature shall be effective once I click the accompanying button which accompanies these Terms and Conditions, and once I complete the process of registering on the mamun website. I affirm that I have full knowledge of my electronic signature and that I consent to be bound by these User Terms and Conditions through electronic signature.