Please read these Terms of Use carefully before using www.fundtogive.com, operated by ZOHL Web Services and owned by ZOHL INDUSTRIES SDN BHD (351827-A) (the “Company” or “Owner”).

This agreement outlines the legally binding terms and conditions for campaigners, funders, and visitors (collectively “You” or “Users”) of the website. By using the service in any manner, including visiting, browsing, or contributing content, you agree to be bound by this agreement.

Note: www.fundtogive.com is a platform connecting donors and beneficiaries for charitable donations. We do not provide financial returns, including securities, interest, dividends, or profit shares, to contributors. Contributions should not be considered investments.

References to ‘he’, ‘his’, ‘him’, and ‘himself’ include all genders and legal entities.

1. Summary of Services

ZOHL Web Services operates www.fundtogive.com, where Campaigners or Fundraisers run campaigns to raise funds for creative and charitable projects. Donors or Funders contribute in exchange for tangible or intangible rewards, not monetary returns. The platform also supports fundraising for approved non-profits (“NGO Partners”).

2. User Content Submissions

Users may submit content (videos, images, text, etc.) to the Site. By creating a campaign, Campaigners offer a contract to the public, which Funders accept by contributing. The Company is not a party to this agreement, and all dealings are between Users. Users must not submit harmful, offensive, or illegal content. The Company is not responsible for such content or user conduct.

3. Acceptance of Terms

You accept these Terms by:

• Creating an account;
• Signing up; or
• Using Site features or services, acknowledging eligibility, reading, and agreeing to the Terms.

These Terms include the Privacy Policy and other rules published on the Site, which may be updated without notice. Additional services may have specific terms, incorporated herein.

4. Modification of Terms of Use

The Company may modify these Terms, change, suspend, or discontinue the Site or services at any time without notice or liability. Check periodically for updates; continued use constitutes acceptance of changes.

5. Registration

You may view content without registering, but certain features require:

• Creating an account;
• Signing up; or
• Using Site features or services.

Register with a User ID and password, or use your Facebook profile (no posts are made without permission). Provide accurate, complete, and updated information. Prohibited User IDs include those that:

• Impersonate another person;
• Violate another’s rights;
• Are offensive, vulgar, or obscene; or
• Break any law or obligation.

The Company may refuse or cancel registration. You are responsible for account activity and password confidentiality. Notify the Company of unauthorized use. Deactivate your account anytime; profile data is deleted within 90 days, though it may persist in online searches beyond our control.

6. Fund Transaction and Accountability

The Site offers payment gateways for fund transactions, but the Company:

• Is not the final recipient of funds, only a facilitator;
• Collects funds in its account during the campaign, transferring to Campaigners within 90 working days post-campaign;
• Does not generate contributions or guarantee funding goals;
• Does not offer the platform for equity, loans, or profit-sharing;
• Facilitates tax deduction certificates for eligible organizations, but is not liable for their issuance.

Foreign contributions are received via accounts/cards from respective countries.

7. Terms and Conditions for Campaigners

7.1 Exclusivity

Campaigners must not run or associate with other crowdfunding campaigns during their Fundtogive campaign. Breaches may lead to liability for damages, and Campaigners must indemnify the Company.

7.2 Project Submission and Evaluation

Campaigners undergo a mandatory evaluation. Submitted details are confidential within the Company, but leakage is not guaranteed to be prevented.

7.3 Campaign Approval or Rejection

The Company uses proprietary criteria to approve campaigns. Only approved Campaigners can raise funds, adhering to the fee structure. Reasons for rejection may not be disclosed.

7.4 Fee Structure

Campaigners agree to pay:

• Campaign commission as per www.fundtogive.com/pricing, plus SST/taxes;
• 3% payment gateway commission, plus SST/taxes;
• Optional Digital Marketing, Content, Video, and PR fees, plus SST/taxes;
• Donor Marketing fees, paid in advance or deducted at settlement.

Fees are non-refundable and non-negotiable.

7.5 Campaigner’s Obligations & Liabilities

Campaigners are responsible for creating campaign pages, sourcing content, and ensuring no third-party rights are violated. The Company may edit content and disallow unsatisfactory campaigns. Campaigns must have a set target and timeline (up to 365 days), unchangeable once live. The Company does not guarantee contributions. Funds are credited within 90 days of campaign end. Campaigners cannot raise new funds for the same cause after meeting the target.

7.6 Campaign Marketing

Campaigners handle marketing, with Company guidance if applicable. Paid marketing services are limited to agreed platforms, with no success guarantee. The Company may share donor details for marketing or recreate campaigns from official accounts.

7.7 Campaigner Email Database

Campaigners grant the Company perpetual access to their contacts database for current and future campaigns.

7.8 Reporting

Campaigners access Funder data via analytics. The Company is not liable for incorrect Funder information. Report suspected fraud via the “Report” button for investigation.

7.9 Financial Transaction Facility – Campaigner

Campaigners must provide banking/tax details and fulfill Funder commitments. The Company may request fund usage details post-campaign. Campaigners are liable for chargebacks or fraudulent transactions, and suspicious campaigns may be suspended with refunds and reported to authorities.

8. Fund Management

8.1 Transfer and Usage

The Company facilitates fund flow, not final receipt (except commissions). Campaigns are Malaysia-based or foreign-based. Successful campaigns’ funds are transferred to Malaysian accounts within 30 days, net of fees. Holds may be placed for suspected fraud, legal issues, or documentation needs. Contact [email protected] for Hold inquiries.

8.2 Foreign Funds

Foreign contributions must comply with Malaysian AMLA Law. NGOs must be AMLA-registered. Campaigners must follow BNM’s FEA and SC regulations, or face cancellation and refunds.

8.3 Taxation/Donations/Contributions

Campaigners bear all tax liabilities (income tax, VAT, SST). The minimum contribution is RM10.

8.4 Use of Funds

Funds must be used for the stated project. Misuse may lead to legal action or campaign suspension. Campaigners must comply with AMLA Law to avoid termination and legal action.

8.5 Anti-Money Laundering (AML) Policy

The Company follows BNM’s AML guidelines, requiring KYC verification (e.g., OTP, ID documents). Verification is needed for withdrawals. Non-compliance may lead to campaign cancellation. Campaigners cannot self-fund or create multiple campaigns without fulfilling prior obligations. The Company may report taxable income and refuse suspicious transactions.

9. Project Completion

Campaigners are responsible for project completion by their set deadline and must update Funders on delays. The Company does not guarantee completion or oversee projects. Funders resolve disputes directly with Campaigners.

10. Campaign Rewards

Rewards are non-financial and Campaigner-delivered by the specified date. The Company is not liable for Funder dissatisfaction with rewards.

11. Campaign Branding & Marketing

Campaigners must include the Company’s logo on all marketing materials per branding guidelines.

12. Campaign Cancellation

The Company may reject, cancel, or suspend campaigns at its discretion without liability or explanation.

13. Rights of the Company / Owner

The Company may modify the platform, cancel accounts, or reject projects without notice. It gains a worldwide, non-exclusive, perpetual license to use, edit, and market User Submissions and Trademarks for the Site and its business, including monetizing pitch videos.

14. Third-Party Sites

Links to third-party sites are at your own risk. The Company is not liable for their content or functionality.

15. Terms and Conditions for Funders

15.1 Registration

Funders must register to fund projects, optionally using Facebook login (granting access to profile picture and email). The Site does not post to Facebook without permission. Funders must be 13+ (under 18 with guardian consent) and legally eligible to contract. Corporate Funders need authorization. Information may appear in search engines. Prohibited User IDs include those that impersonate, violate rights, or are offensive. The Company may refuse or cancel registration. Funders are responsible for account security and can deactivate accounts (data deleted within 12 months).

15.2 Fees and Taxes

Funders consent to commission deductions before fund transfers or refunds.

15.3 Payment Details

Funders provide contact and payment details for contributions. The Company is not liable for declined transactions or losses from stolen cards, which may lead to criminal charges.

15.4 Other Funders Information

Funders authorize sharing their details with Campaigners for rewards and updates. Names and images may appear in the ‘Funders’ section unless anonymous. Funders receive newsletters (opt-out available).

15.5 Project Completion

The Company does not guarantee project completion. Funders resolve disputes directly with Campaigners and release the Company from related claims.

15.6 Rewards Delivery

Contributions are voluntary, with rewards delivered by Campaigners. Estimated delivery dates are not guaranteed. The Company is not liable for reward issues.

15.7 Refund

Refunds occur for held campaigns with unresolved issues, via cheque (minus courier fees) or online (minus gateway fees). No refunds for successful campaigns. Funders and Campaigners handle refund disputes directly. Suspicious transactions may be refunded and reported.

15.8 Rights of the Project

Funders have no ownership in funded projects; rights remain with Campaigners.

15.9 Dispute between Campaigners and their Funders

The Company is not obligated to resolve User disputes. Funders release the Company from related claims.

15.10 Financial Transaction Facility

The Company facilitates payments, not banking services, and is not liable for transaction issues. Payments must be in Malaysian Ringgit for nationals, or via foreign gateways for non-nationals. The Company may refuse questionable transactions. Payments to Campaigners discharge the Company’s liability.

16. Representations and Warranties

Users warrant that provided information is accurate and they are authorized to enter agreements (18+ for individuals, corporate approval for entities).

17. Covenants

Users must not copy or misuse Site content without permission, or engage in unauthorized activities like reverse-engineering or scraping. Intellectual property challenges are prohibited.

18. General Terms and Conditions

18.1 Rules and Conduct

Use the Site for personal, non-commercial purposes only. Prohibited actions include infringing rights, posting false or illegal content, or engaging in restricted activities (e.g., selling controlled substances, gambling). Do not overload infrastructure, interfere with the Site, or defame the Company.

18.2 Termination

The Company may terminate access without notice, forfeiting account data. Users can terminate accounts per Site instructions. Fees are non-refundable. Certain provisions survive termination.

18.3 Warranty Disclaimer

The Site is “as is” without warranties. The Company is not liable for content accuracy, privacy, or service availability. Users access content at their own risk.

18.4 Content and License

Content may be protected by intellectual property laws. Users get a non-commercial license to use content. Campaigners get a limited license to use Fundtogive branding on donation documents.

19. Intellectual Property

Users grant the Company a worldwide, non-exclusive, perpetual license to use and market their Submissions and Trademarks. Users are responsible for ensuring no third-party rights are violated and paying related royalties. The Company may edit or remove content and ban repeat infringers.

20. Indemnification

Users indemnify the Company against liabilities from breaches, misrepresentations, or intellectual property violations. The Company may assume defense of claims, with User cooperation.

21. Limitation of Liability

Disputes are resolved through negotiation, mediation, or arbitration in Malaysia per AIAC rules. The Company is not liable for unmet fundraising goals or technical issues.

22. Entire Agreement

These Terms, Privacy Policy, and other Site notices form the entire agreement. Invalid provisions do not affect remaining terms.

23. Waiver and Severability

No waiver of terms is ongoing unless specified. Invalid provisions are severed, preserving others.

24. Assignment

The Company may assign rights without notice. Users need Company consent to assign rights.

25. Effective Date

These Terms of Use were updated and became effective on 01 October 2019.