TERMS & CONDITIONS
This agreement sets forth the legally binding terms and conditions for campaigners, funders, and visitors (collectively called “You” or “Users”) of the website or site. By using the service/services in any manner, including, but not limited to, visiting or browsing the site or contributing content, information, or other materials or services to the site, you agree to be bound by this agreement.
Kindly note that www.fundtogive.com is an online platform connecting donors and beneficiaries for charitable donations. We do not provide any financial return in any form whatsoever, including but not limited to financial securities (debt or equity), interest, dividend, profit share, rewards in cash, to individuals who contribute on www.fundtogive.com. We are not providing any services that are akin to fund management or pooling of funds. Any contribution on www.fundtogive.com by an individual, should not be construed as an investment in any form whatsoever.
It is clarified that all references to ‘he’, ‘his’, ‘him’ and ‘himself’, in the context of the User, shall be deemed to include references to Users of the opposite gender as well as Users who are legal or non-natural entities.
1. Summary of Services
1.1 ZOHL Web Services operates an online platform under www.fundtogive.com where users (‘Campaigners or Fundraisers’) run campaigns to raise funds for their creative & innovative projects, including for charitable purposes. They raise funds by asking for contributions from other users (‘Donors or Funders’) in return for tangible and intangible rewards. www.fundtogive.com also allows users to raise funds for the programs of approved non-profits (“NGO Partners”) through charitable donations. The Funders do not get any monetary return on their funding amount.
2. User Content Submissions
2.1 Through the Site, email, websites, and other media, the Owner makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Users may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. By creating a fundraising campaign on the Site, you as the Campaigner are offering the public the opportunity to enter into a contract with you. By funding a campaign on the Site, you as the Funders accept that offer and the contract between the Campaigner and the Funders. Neither www.fundtogive.com nor the Owners are parties to that agreement between the Campaigner and Funders. All dealings are solely between Users.
2.2 Users may not submit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading or incites an illegal act. The Company will not be responsible for such actions or conduct or any such Content which a User shares.
3. Acceptance of Terms
3.1 Users accept the Terms of Fundtogive by:
3.1.1 Creating an account on the Site;
3.1.2 Signing up on the Site; and /or
3.1.3 Making use of the feature of the Site or the Services available therein, You agree and acknowledge that:
18.104.22.168 You are eligible to contract with us
22.214.171.124 You have read the Terms; and
126.96.36.199 You agree to be bound by the Terms.
5.1.1 is the name of another person, with the intent to impersonate that person; or
5.1.2 is subject to any rights of another person, without appropriate authorization; or
5.1.3 is offensive, vulgar, or obscene; or
5.1.4 is in violation of any applicable law or contractual obligation
5.2 The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User’s expressed permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.
5.3 You may deactivate your account at any time you desire, in which case Your profile information, including your name, contact details and profile picture uploaded by You, will be deleted from our database in 90 days. You also understand and agree that though you may delete your account or some information from your account, the same may still appear in some online searches. Company / Owner has no control over the search results that show up in such third party engines or websites.
6. Fund Transaction and Accountability
6.1 The Site offers various payment gateways to facilitate transaction of funds for campaigns. However, it may be noted that the Site or the Company:
6.1.1 Are not the final recipients of any funds from the Funders directly, but a service provider, which enables receipt of funds (both domestic and foreign) by campaign owners, who are the final recipient of funds.
6.1.2 Collects the funds in the Company bank account till the campaign is running for a time period chosen by the Campaigner. And transfers the funds to the campaign’s bank account in 90 Working days after the campaign’s time period has ended.
6.1.3 Does not generate contributions and Funders for a campaign.
6.1.4 Does not guarantee that the target funds of a campaign will be raised fully.
6.1.5 Does not offer the platform to Users for investing in a project for the purpose of equity, loans/debt, or profit-sharing.
6.1.6 Shall receive all contributions from Funder(s) (where the Funder is not a Malaysian citizen) via accounts or cards issued by their respective countries (“OTHER COUNTRIES”) in their registered bank accounts, respectively.
6.1.7 If you are an organization, eligible to issue tax deduction certificates to your donors, Fundtogive will facilitate on your behalf. However, it is your sole responsibility to ensure that you have the necessary approvals and certificates to issue such tax-deductible receipts to your donors. Fundtogive will not have any liability, in any form whatsoever, in this regard.
7. Terms and Conditions for Campaigners
7.1.1 The Campaigner shall not, directly or indirectly, run or be associated with any other crowd funding campaigns on any other platform, or directly or indirectly, run an independent or separate crowdfunding campaign at any time during the period the Campaigner is crowdfunding on the Site.
7.1.2 The Campaigner shall be liable for any and all damages or losses, including indirect or consequential damages or losses, arising from or in relation to the breach of the above exclusivity clause and the Campaigner agrees to indemnify and hold the Company / Owner harmless in case of any such damages or losses.
7.2 Project Submission and Evaluation
Campaigners have to go through a free mandatory evaluation process in order to get selected by the Site for the purpose of hosting their campaign and raising funds. The mandatory questions on the evaluation form have to be filled before a Campaigner can be reviewed. Project details submitted in the evaluation form are kept confidential within the Company, however, Company/ Owner does not ensure that it would prevent any leakage of information outside.
7.3 Campaign Approval or Rejection
The Company follows proprietary guidelines and criteria while selecting a campaign/project for the purpose of raising funds on the Site. Only those Campaigners, whose projects are approved by the Company, are allowed to raise funds on the Site by running their campaigns. The Company reserves the right to select or approve a campaign as per these guidelines and also reserves the right to communicate or not communicate the reasons for rejection. Approved Campaigners have to adhere to the Fee Structure as set out below before going ahead to create and run their campaigns.
7.4 Fee Structure
7.4.1 The Campaigner agrees to pay Company / Owner the following fees in relation to the Campaigner’s crowdfunding campaign(s):
188.8.131.52 Campaign commission of as applicable to a particular campaign, as mentioned on www.fundtogive.com/pricing to be charged on the total amount of funds raised at the end of your campaign, if your campaign meets or exceeds its funding goal successfully. SST and other taxes, if any, shall be payable on this amount at the rates applicable as of the date of campaign settlement.
184.108.40.206 Payment gateway commission of 3% will be charged on the amount of funds raised as a part of campaign. SST and other taxes, if any, shall be payable on this amount at the rates applicable as on the date of deduction of payment gateway commission.
220.127.116.11 Fees towards Digital Marketing, Content, Video and PR services: These are optional services which shall be charged as per platform on which the services are executed. SST and other taxes, if any, shall be payable on this amount at the rates applicable as on the date of payment.
18.104.22.168 Donor Marketing: Campaigner will have to fund this expense in advance or the Company may deduct fees on settlement of the campaign.
7.4.2 The above fees are non-refundable and non-negotiable under any circumstances.
7.5 Campaigner’s Obligations & Liabilities
7.5.2 Campaigns must have target & timeline
7.5.3 The Campaigner is not allowed to change the funding goal and/or time period, after his/her campaign has gone live and made available to public on the Site.
7.5.4 Company / Owner / Site does not guarantee in any way whatsoever the amount of potential contributions that could be received by any campaign.
7.5.5 Every campaign has a funding goal and only up to 365 days to reach this funding goal. All payments shall be credited to campaigner’s account within 90 days of the campaign ending.
7.5.6 Once the funds required for a particular cause have been received in full, Campaigners will not be allowed to raise separate new fundraiser for the same cause.
7.6 Campaign Marketing
7.6.1 The Campaigner is solely responsible for marketing his campaign to friends, family members, and fans, through various online & offline channels. The Company / Site will only provide marketing guidance in the form of a pre-live marketing strategy and marketing tips & tricks post campaign launch, if applicable according to the pricing. If a Campaigner has paid for Digital marketing and PR services, the services provided are only restricted to running such survives on the platforms so agreed upon. Eg. Facebook, Twitter, Instagram etc. However, the Company / Site does not, under any circumstances whatsoever, guarantee campaign success. All risk in relation to the success or failure of the campaign shall lie solely with the Campaigner.
7.6.2 The Company / Site reserves the right to share donor details with the campaigner, if the Company / Site is conducting digital and email marketing eg. Facebook, Twitter, Instagram, WhatsApp, Telegram, YouTube, etc for the particular campaign. For such campaigns, the Company / Site may re-create the campaign from an official account eg. [email protected], resulting in no donor details being passed on to the campaigner.
7.6.3 The Company / Site may, at its sole discretion, showcase live in its periodic emailers to its database or on its Facebook and Twitter profiles. Campaign performance may influence selection but does not ensure it.
7.7 Campaigner Email Database
7.7.1 The Campaigner hereby agrees to grant the Company / Site unrestricted and unconditional access to the Campaigner’s contacts database (including email addresses, phone number, address, virtual profile handles, virtual profile address, virtual profile link, etc.) and permits the Company / Site, in perpetuity, to retain, save, access and reach out to all such persons/entities forming part of the Campaigner’s contacts database for the Campaigner’s Campaign as well as for any and all future campaigns launched on the Site whether or not such campaigns are related to the Campaigner. It is clarified that the Campaigner shall share such Campaigner’s contacts database with the Company / Site as part of formulating its Campaign.
7.8.1 All Campaigners are provided all information about their Funders in the analytics section of the Campaigner profile. In order to enable total transparency of funds, Campaigners can access information about funds collected through real time emails for every funding transaction & Funder reports are downloadable at the discretion of Campaigners. However, the Company/Site is not liable for incorrect Funder information provided by Funders. Campaigner must connect with Funders directly, without involving the Site or the Company, to get any other information other than contacts details or other than the details of the Funders provided by the Company/Site to the Campaigner.
7.8.2 It is clarified that if at any point in time, you believe that the Campaigner is not raising or using the funds for its stated purpose, you may file a complaint by using the button “Report” on our website and alert our team regarding potential fraud or malpractices. Upon receipt of such compliant, our team shall investigate the matter to best of our abilities and the outcome of the same shall be updated on our Site.
7.9 Financial Transaction Facility – Campaigner
7.9.1 You, as a Campaigner, shall be required to register yourself with the Company and provide the Company with all the necessary information as may be deemed by the Company from time to time including but not limited to banking details / income tax details such as LHDN and registration certificates under various provisions and laws, etc. Further, fulfill the commitments made to the Funder in the manner as detailed in the campaign and in a timely manner. The Company may seek information regarding the use of the funds raised by the Campaigner even after the campaign has ended and provide the details to the Funders.
7.9.2 If for any reason there is a chargeback on a transaction/donation to the Company and if the funds are already transferred by the Company to the Campaigner/beneficiary the Campaigner/beneficiary will be liable to refund the amount that has been charge backed to the Company.
7.9.3 If a transaction is found to be fraudulent after the amount has been transferred to the Campaigner/beneficiary by the Company, the Campaigner/beneficiary will be liable to refund the amount to the Company, failing to which the Company shall have the right to initiate the legal proceeding against the Campaigner/beneficiary.
7.9.4 If the Company/Site finds any suspicious activity with a particular campaign / campaigner, the Company may at its sole discretion immediately suspend the fundraiser and refund all transactions associated with it, if found fraudulent in any manner. The company will also lodge an official complaint with the Cyber Security unit of MCMC against the campaigner in such a case.
8. Fund Management
8.1 Transfer and Usage
8.1.1 The Company / Site only enables the flow of funds from Funders to Campaigners and is not the final recipient of funds raised (other than commission payable by the Campaigner) on its platform.
8.1.2 Campaigns may be either:
22.214.171.124 Malaysia-based (i.e. campaigns where Campaigners seek to implement the project in Malaysia and accordingly, have a Malaysian bank account into which the campaign Funder’s contributions may be released) or
126.96.36.199 foreign-based (i.e. campaigns where Campaigners seek to implement the project outside Malaysia and accordingly have a foreign bank account into which the campaign Funder’s contributions may be released).
8.1.3 In case of successful Campaigns, no donations/contributions shall be refunded. In case of extenuating circumstances, the donations/contributions may be refunded solely at the discretion of the Company / Site. For all Campaigns which successfully reach their fund targets, fund transfers are only made to Malaysian bank accounts after 30 days of the end of the campaign through net transfer or by cheque. All fees including SST and other taxes, if any as listed above and thereafter will be deducted before transfer of the net amount.
8.1.4 Account Holds: From time to time, the Company may place a hold on a campaign bank account (a “Hold”) restricting withdrawals by a Campaigner. Some of the reasons that we may place a Hold on a campaign bank account include the following:
188.8.131.52 if we have reason to believe (in our sole discretion) that information provided by a Campaigner is false, misleading, or fraudulent, or that funds are being used in a prohibited manner;
184.108.40.206 if the funds available should be provided directly to a person other than the Campaigner (such as a legal beneficiary or person entitled by law to act on behalf of a Campaigner);
220.127.116.11 if we have reason to believe that a Campaigner has violated these Terms of Service;
18.104.22.168 if we think we need additional documentation to have reasonable assurance on utilization of donations for the purpose stated in the campaign; or
22.214.171.124 if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations.
If you have questions about a Hold we may have placed on your campaign bank account, or need information about how to resolve the Hold, please contact us at [email protected]
8.2 Foreign Funds
8.2.1 All foreign contributions shall be required to be made in strict compliance with applicable Malaysian laws. The Campaigner represents and warrants that it is aware of The Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA Law”) and its contents and is seeking contributions in full compliance with the provisions of AMLA Law. Further, the Campaigner covenants that it shall, at all times, remain in absolute and full compliance with the provisions of AMLA Law, in relation to the campaign.
8.2.2 If the Campaigner is a non-governmental organization, it shall have to be registered/approved with AMLA Law to be able to receive foreign contributions.
8.2.3 Recipients (campaign organisers, whether individuals or organizations) will comply with BNM’s Foreign Exchange Administration (FEA) guidelines and Bank Negara Malaysia (BNM) and Securities Commission Malaysia (SC) regulations on crowdfunding as applicable. Any failure to do so may result in cancellation of fundraiser, and refund of donations, to respective donors.
8.3.1 Campaigners must bear any and all tax liabilities on the funds raised through Company / Owner / Site. These taxes may include, but are not limited to, income tax, VAT, service tax and GST/SST applicable on the funds raised or on the procurement of rewards. Company / Owner / Site is not liable to provide any tax or legal advice to Campaigners. Information provided in FAQs are only a guideline and subject to change without notice.
8.3.2 The minimum amount that can be donated/contributed is RM10
8.4 Use of Funds
8.4.1 The Campaigner must use the funds collected through the Site solely for the project described in their crowdfunding campaign. Campaigners shall be liable to legal prosecution by Funders and/or Company / Owner (jointly and severally) if they are found to be using funds for any purpose other than that specified at the time of raising the funds, or other inappropriate purposes. The Site can discontinue/suspend the campaign if it gets any notification of misuse of funds or use of funds for another purpose other than the stated creative project at any time of the campaign, without any notice or discussion to the campaign owner at the Company’s sole discretion.
8.4.2 In accordance to the AMLA Law and all subsequent regulations pursuant to this Act, the Campaigner/beneficiary will assure that the amount received from the Company is not made available as, either directly or indirectly to fund any act of terrorism. Where the Campaigner/beneficiary, or any person acting on their behalf, breaches any of the provision of the AMLA Law or of any such regulation the Company shall have the right to terminate the Contract with immediate effect and recover from the Campaigner/beneficiary the amount transferred. Further, the Company shall take such necessary actions as may be required under the applicable law including filing a criminal complaint against the concerned Campaigner/ beneficiary.
8.5 Anti-Money Laundering (AML) policy
8.5.1 The Owner and Site comply with the Anti-Money Laundering (AML) guidelines established by the BNM and updated from time to time. The guidelines include, but is not limited to, the following salient conditions:
8.5.2 Every recipient (campaign organisers on the Site) has to verify his/her identity per the Know Your Customer (KYC) or equivalent in the guidelines. This will include verification of registered mobile number via a One Time Password (OTP), and one of the identification documents viz. Permanent Account Number, valid Malaysian Identity Card Number, Passport etc. recognised by the BNM. The list of such registered documents will be updated on the Site, at its sole discretion, from time to time.
8.5.3 The verification will be essential to withdraw funds from the Site, and may be asked by the Site, at its sole discretion, during the course of a campaign. Failure to comply, may result in cancellation of a fundraising campaign, and funds may be returned to donors in such a scenario.
8.5.4 Your location as reflected on your Campaign page must match your legal residence that you submit to the Site when you create a withdrawal request. Campaigners may not create multiple Campaigns without proof of meeting fulfilment obligations from the original Campaign. Failure to adequately fulfill Campaign obligations may result in the Site removing the Campaign(s) and seeking reimbursement of Campaign funds raised, including by using third-party collections services. Only the Campaigners shall be permitted to collect Campaign funds.
8.5.6 The Owner may attempt to verify the identity and other information provided to us by Campaigners, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Campaigner’s eligibility is subject to the Owner’s review of the fulfilment status of prior crowdfunding obligations.
8.5.7 Tax authorities may classify funds raised on the Site as taxable income to the Campaigners and any beneficiary who will receive funds directly from the applicable Campaign. The Owner/Site will ask for the personal account number / tax identification number (LHDN) of Campaigners and any beneficiaries so that we may report taxable income to the relevant taxing authorities.
8.5.8 For contributors on the Site, only standard channels of payment – verified credit or debit cards, internet banking, cheque, or cash (upto limits allowed by the BNM) – will be allowed. In case of cash payments, all payments above RM10,000 have to be furnished with the Permanent Account Number of the contributor. Cash payments are accepted for Malaysian residents only.
9. Project Completion
9.1 While Campaigners have full project ownership and the right to complete it, they are accountable and obliged to finish the project by the deadline they have set. Campaigners must also keep the Funders updated about the work in progress in case of delays to avoid Funder dissatisfaction.
9.2 The Company or the Site does not make any claims or guarantees on behalf of the Campaigner regarding the completion of the project and usage of the funds raised solely for the purpose of the project.
9.3 Similarly, the Company or the Site does not take any responsibility for making sure that the project for which the funds are raised through its Site is completed and made available to the Funders. The Funders are free to get in touch with the Campaigners directly and solving any dispute that arises regarding the campaign or the project.
10. Campaign Rewards
10.1 Campaigners may provide certain rewards to Funders in exchange for their funding depending on case to case. These rewards cannot, under any circumstances, be financial in nature (e.g., interest on funding amount, ownership/equity stake, revenue/profit share).
10.2 Campaigners are solely responsible for the procurement and delivery of rewards to Funders and must meet the rewards delivery date specified by them on the campaign page.
10.3 Company / Owner / Site will not be resulting responsible for any liabilities from Funders’ dissatisfaction with rewards fulfilment.
11. Campaign Branding & Marketing
11.1 Campaigners must include Company / Owner / Site logo branding on all project and/or campaign related marketing collaterals, whether online or offline (e.g., online banners, offline flyers) as per Company / Owner / Site brand and logo guidelines.
12. Campaign Cancellation
12.1 Notwithstanding anything set out herein, the Company / Owner reserves the right, at its sole discretion, to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. Company / Owner is not liable for any damages as a result of any of those actions. Company / Owner may or may not comment on the reasons for such action.
13. Rights of the Company / Owner
13.1 The Company / Owner shall have the right to:
13.1.1 make changes in its technology platform or services, at its sole discretion, at any time, without notice or liability;
13.1.2 decide who’s eligible to use the services offered;
13.1.3 cancel accounts or decline to offer our services;
13.1.4 change our eligibility criteria at any time;
13.1.5 cancel any funding to any project, at any time and for any reason; and
13.1.6 reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.
13.2 The Company will not have any ownership rights over your User Submissions and Content. However, the Company will get the license to perform and market the Site on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to):
13.2.1 use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with
126.96.36.199 the Site,
188.8.131.52 the Company (and its successors’ and assigns’) businesses,
184.108.40.206 promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third-party websites);
13.2.2 take whatever other action is required to perform and market the Service;
13.2.3 allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and
13.2.4 use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
13.3 The Campaigner agrees and grants the Company the right to use all the visual and text-based content (digital or non-digital) submitted by the Campaigner for his campaign(s), for the purpose of branding and marketing activities of the platform/the Company. Notwithstanding anything in this Agreement, the Campaigner agrees to grant the Company an exclusive, perpetual, irrevocable rights and license, on worldwide basis, to monetize the Campaigner’s project pitch video(s) through any means or medium deemed for by the Company, including various digital platforms such as Vimeo, YouTube etc.
14. Third-Party Sites
14.1 The Site may permit Campaigners and Users to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company’s control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company.
15. Terms and Conditions for Funders
15.1.1 Funders can only fund a project by registering on the Site using the Site’s login procedures. By choosing the Facebook login, they agree to give the Site, access to their Facebook account’s profile pictures and email id. They also allow the Site to create their account and use their Facebook profile picture as the profile picture of their account. The Site does not publish any content on their Facebook profiles without their permission. The Site also gets access to the User’s friend’s list, only after the User gives the permission to get access to this list.
15.1.2 Funders can use the Site, its features or the Services provided therein only if they sign up / register on the Site. Funders can access the Site without signing up; however, access to certain sections of the Site and Services could be restricted.
15.1.3 Funders should use the Site only if they are legally eligible to enter into contracts under the Malaysian laws. The Site and Services are intended for use by individuals 13 years of age or older. If Funders are under 18, they may use the Site only with consent of a parent or legal guardian who agrees to be bound by these Terms.
15.1.4 If as a Funder, you are accessing the Site or availing the Services on behalf of a company or other legal entity, then You should have the legal authority to represent and bind such company or entity to the Terms. In such a case, the terms “You” or “Your” or “Member” or “User” shall refer to the corporate or other legal entity represented by You. If you do not have the legal authority to bind the corporate or legal entity represented by You, then You will be personally liable for all the obligations contained in these Terms, including, the payment obligations.
15.1.5 Funders agree that certain basic information that you provide on the Site can be accessed by third parties and may show up in search engines. By using the Site, Funders expressly consent to such search engines sourcing your information and displaying such information on the search engine’s Site. The Site does not control the manner in which such information is displayed or made available.
15.1.6 While creating an account, Funders should not use as a User ID any name or term that (i) is the name of another person, with the intent to impersonating that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene.
15.1.7 The Owner reserves the right, in its sole discretion, to refuse registration or cancel registration at any time and for any reason.
15.1.8 You are responsible for maintaining the confidentiality of your username and password as well as for all activities that occur under your username and password. The Owner or the Site shall not be responsible for the loss of your password. While the Site’s automated engines may assist you in recollection or retrieval of your password, password retrieval is not guaranteed.
15.1.9 If any Funder provides any information that is untrue, inaccurate, not current or incomplete or if the Owner has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms, the Owner has the right to indefinitely suspend or terminate your account with the Owner and refuse to provide you with access to the Site or other Services offered by the Owner.
15.1.10 Funders may deactivate your account at any time you desire, in which case the profile information will be deleted from our database automatically within 12 (twelve) months. You also understand and agree that though you may delete your account or some information from your account, the same may still appear in some online searches. The Owner has no control over the search results that show up in such third party engines or websites.
15.1.11 You should not create more than one personal profile. If you have created more than one login, the Owner reserves the right to delete or disable such additional, or all logins, at its sole discretion.
15.1.12 The account created by You is personal is non-transferable or assignable.
15.2 Fees and Taxes
15.2.1 Funders give their consent and authorize the Site to deduct the necessary commissions on the contributed amount before transferring to the final recipient i.e., the Campaigner, or while refunding their amount.
15.3 Payment Details
15.3.1 By funding a campaign, the Funders agree to provide their name, email address, phone number, billing and shipping addresses. They also agree to provide the authorized online payment gateway of the Site, necessary & required details of their credit and debit cards for making an online contribution. Funders agree to have sufficient funds or credit during making a contribution for a campaign. Funders are informed that their credit and debit card related details are not provided to the Company or the Site by the online payment gateway & remain confidential. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
15.3.2 If any stolen debit or credit card is used to make payment, the Company shall have the right to pursue criminal charges against the Funder making the payment/ contribution.
15.4 Other Funders Information
15.4.1 Funders authorize the Site to provide Campaigners their name and contact details for the purpose of delivering rewards and connecting regarding queries or updates regarding the funded project. Additionally, they also authorize the Site to publish their name and image (if logged in through Facebook) on the ‘Funders’ section of the campaign that is funded by them. However, Funders can choose to be “anonymous”, if they don’t wish to make themselves public. None of the Funders’ funding amount is made public by the Site. Furthermore, by providing the Site their contact details, Funders agree to receive regular updates about the future crowdfunding campaigns on the Site through fortnightly newsletters. They can always choose to deactivate reception of the Site’s newsletter and other notifications.
15.5 Project Completion
15.5.1 The Company or the Site does not oversee the performance or punctuality of projects, neither does it guarantee the completion of projects. The responsibility of project completion solely lies with the Campaigner.
15.5.2 Funders agree to not hold the Site or the Company responsible for any of their dissatisfaction related to the project they funded and must deal with the Campaigner directly. Funders, by making a contribution to a campaign on the Site, are assumed to have understood that projects run the risk of getting delayed or not completing.
15.5.3 The Company or the Site also does not endorse any User Submissions. Users (both campaign owners and Funders) release the Company and the Site, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
15.6 Rewards Delivery
15.6.1 Contribution towards the favorite campaign on the Site will be solely considered a voluntary contribution for which Funders will receive the incentive/ reward mentioned in the amount slab chosen by the Funders. The estimated delivery date of the reward given by the Campaigner is not a promise to deliver the reward by that date, but is merely an estimate of when the Campaigner hopes to deliver the reward. Delivery and fulfilment of the promised rewards to the Funders is the sole responsibility of the Campaigner. The Company or the Site shall not be responsible for any liabilities resulting from Funders’ dissatisfaction in relation to issues around incentives/rewards to be offered and fulfilled by the campaign owners.
15.7.1 Funders will get a refund of their contribution in case the campaign they are funding has been put to Hold and the issues are not resolved by the Campaigner. The Funders agree to receive the refund either through a couriered cheque or via an online reversal/refund of their original payments. In case of a cheque refund (for cases where the initial contribution was made via cheque or bank transfer), the Funders agrees to allow the Owner (or its affiliate) to deduct courier charges from the contribution. In case of an Online refund/reversal (for cases of online Payment), the Funders agrees and acknowledges that the payment gateway has the right to deduct their charges from the refunded amount.
15.7.2 A Funder cannot ask for a refund if a campaign he/she funded met its target. The Funders relieve the Company or the Site from any obligation to make a refund in such a case.
15.7.3 In the event of an unreasonable delay beyond the period stipulated by the Campaigner for fulfilment of the rewards, after a campaign has successfully met its target, a Funder may seek legal remedy directly against the Campaigner / campaign owner.
15.7.4 Campaigners may cancel or refund a contribution at any time and for any reason, and if they do so, are not required to deliver the reward.
15.7.5 Campaigners and Funders agree to deal directly with each other, without involving the Company / Owner or Site regarding any refund negotiations other than in the aforementioned scenario.
15.7.6 The Company / Site reserves the right to refund any transaction which it finds suspicious or fraudulent. In such case, the transaction will be refunded to only the original source and no other requests will be entertained, The campaigner will be given sufficient proof about the refund and a reason for suspicion or fraudulence. In such a case, the company may lodge an official complaint with the Cyber Security unit of MCMC against the funder.
15.8 Rights of the Project
15.8.1 Funders agree to not claim any ownership in the project they fund through the campaign on the Site. The rights of the project remain with the Campaigner.
15.9 Dispute between Campaigners and their Funders
15.9.1 The Site or the Company is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Site. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. You hereby unconditionally release the Site and Company, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the service.
15.10 Financial Transaction Facility
15.10.1 While availing any of the payment / donation / contribution method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
220.127.116.11 Lack of authorization for any transaction/s, or
18.104.22.168 Exceeding the preset limit mutually agreed by You and between your “bank/s”, or
22.214.171.124 Any payment issues arising out of the transaction, or
126.96.36.199 Decline of transaction for any other reason/s.
15.10.2 All payments made towards the donations / contributions on the Site by you, shall be compulsorily in Malaysian Ringgit acceptable in Malaysia if you are a Malaysian national. Site will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Site if you are a Malaysian national. All payments made towards the donations / contributions on the Site by you, shall be compulsorily through the foreign payment gateway if you are not a Malaysian National. Site will not facilitate transaction through the Malaysian payment gateway with respect to the donations / contributions made on Site if you are not a Malaysian national.
15.10.4 You understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through, collection and remittance facility for the transactions on the Site using the existing authorized banking payment gateway networks and settlement service providers. Further, by providing payment facility, the Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
15.10.5 The Company reserves the right to refuse to process transactions by Users with a prior history of questionable transactions including without limitation to collusion amongst the Users to bring about a false impression or mislead other Users of the Site or breach / violation of any law or any charges imposed by issuing bank or breach of any policy.
15.10.6 The Funder acknowledge that the Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond control of the Company.
15.10.7 The Company shall make payments, net of its costs, charges and fees into the bank account provided by the Campaigner during Campaigner registration process. Once the Company has made payments into such bank account number, the Company shall be discharged of any/all liability towards the User and the User shall not be eligible for any claims and/or refunds thereof.
16. Representations and Warranties
16.1 You (i.e. the Campaigners and the Funders) hereby represent and warrant to the Owner that:
16.1.1 all information provided by them during the registration / campaign / funding process, as applicable, is true and accurate; and
16.1.2 they are capable (in case of an individual, being above 18 years of age) and duly authorized (in case of a legal entity, by way of appropriate corporate approvals) to enter into the campaigning / funding arrangement, on behalf of himself, any other person, company, or other entity.
17.1 No Person shall copy or utilise, in any manner, the questionnaire(s), responses, designs, content or any other data generated in consultation with any Campaigner or Funder, without the prior written consent of the Owner.
18. General Terms and Conditions
18.1 Rules and Conduct
188.8.131.52 Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
184.108.40.206 You know is false, misleading, or inaccurate;
220.127.116.11 Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;
18.104.22.168 Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
22.214.171.124 Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party; or
126.96.36.199 Impersonates any person or entity, including any employee or representative of the Company.
188.8.131.52 Users may not use the Company’s Site for activities that:
- violate any law, statute, ordinance or regulation;
- relate to sales of:
- narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety,
- drug paraphernalia,
- items that encourage, promote, facilitate or instruct others to engage in illegal activity,
- items that promote hate, violence, racial intolerance, or the financial exploitation of a crime,
- items that are considered obscene,
- items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction,
- certain sexually oriented materials or services, or
- ammunition, firearms, or certain firearm parts or accessories, or
- certain weapons or knives regulated under applicable law;
- relate to transactions that:
- show the personal information of third parties in violation of applicable law,
- support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs,
- are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card,
- are by payment processors to collect payments on behalf of merchants,
- are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or
- provide certain credit repair or debt settlement services;
- involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
- violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices;
- involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from the Company and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.”
184.108.40.206 Additionally, you shall not:
- take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure;
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
- bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service);
- run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
220.127.116.11 not make any negative, denigrating or defamatory statement(s) or comment(s) about the Company or the brand name or domain name used by the Company, or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company on any platform or otherwise tarnish or dilute any of the Company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Company’s systems or networks, or any systems or networks connected to the Company.
18.1.2 You shall not directly or indirectly:
18.104.22.168 decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction;
22.214.171.124 modify, translate, or otherwise create derivative works of any part of the Service; or
126.96.36.199 copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations. The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice:
- cancel, reject, interrupt, remove, or suspend a campaign or project;
- remove, edit, or modify any Content, including, but not limited to, any User Submission; and
- remove or block any User or User Submission. The Owner reserves the right not to comment on the reasons for any of these actions.
18.3 Warranty Disclaimer
18.3.1 The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and projects. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service. The Company does not guarantee that any Content will be made available through the Site. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice:
188.8.131.52 cancel, reject, interrupt, remove, or suspend a campaign or project;
184.108.40.206 remove, edit, or modify any Content, including, but not limited to, any User Submission; and
220.127.116.11 remove or block any User or User Submission.
18.3.2 The Company reserves the right not to comment on the reasons for any of these actions. The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that:
18.104.22.168 the Service will be secure or available at any particular time or location;
22.214.171.124 any defects or errors will be corrected;
126.96.36.199 any content or software available at or through the Service is free of viruses or other harmful components; or
188.8.131.52 the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk.
18.3.3 Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
18.4 Content and License
18.4.1 You agree that the Site contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. The Company grants to each User of the Site a worldwide, non-exclusive, non-sub-licensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
18.4.2 The Company grants Campaigner’s a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “Funds raised through Fundtogive’s parent company ZOHL Industries Sdn Bhd”, “Powered by Fundtogive ZOHL Web Services” and/or “via Fundtogive Technology Partners” name and/or logo on Campaigner’ invoice / certificate of donation for transactions concluded on the Website. Further, the Company grants Campaigner a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “fundtogive.com” name and/or logo on stationery used by the Campaigner for delivery of Communications / Receipts / Certificates, etc. provided on the Site.
19. Intellectual Property
19.1 By submitting Content (User Submissions) on the Site, you agree to the following terms:
19.1.1 The Company will not have any ownership rights over your User Submissions. However, you agree to provide the Company the license to perform and market the Site or the Company on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to):
184.108.40.206 use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with:
- the Service
- the Company’s (and its successors’ and assigns’) businesses,
- promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites);
19.1.2 take whatever other action is required to perform and market the Service;
19.1.3 allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and
19.1.4 use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
19.2 You are publishing your User Submission and you may be identified publicly by your name or User ID in association with your User Submission.
19.3 You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.
19.4 You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Owner all of the license rights granted herein.
19.6 The use or other exploitation of User Submissions by the Company and Users as contemplated by this agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
19.7 The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
19.8 All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
19.9 The Company will not be liable for any errors or omissions in any Content.
19.10 The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service.
19.11 All Content you access through the Site is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
19.12 The Owner reserves the right to cancel or suspend any campaign or delete any User Submission or terminate a User account if there is a complaint of infringement of the Content.
19.13 The Owner reserves the right to ban repeat infringers of Intellectual property from using the Site.
21. Limitation of Liability
21.1 In no event shall the Company, nor its directors, employees, agents, partners, vendors, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service:
21.1.1 for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising) and
21.1.2 for any bugs, viruses, trojan horses, or the like (regardless of the source of origination).
21.2 The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, third party intervention, change in law or economic circumstances, mechanical, electronic, or communications failure or degradation. IN NO EVENT WILL THE COMPANY’S / SITE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID IN THE LAST SIX (6) MONTHS, OR, IF GREATER, RM500 (RINGGIT MALAYSIA FIVE HUNDRED ONLY).
22. Electronic Delivery, Notice Policy, and Your Consent
22.1 By using the Site, you consent to receive from the Company, all communications including notices, agreements, legally required disclosures, or other information in connection with the Site (collectively, “Contract Notices”) electronically. The Company may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Site.
23. Dispute Resolution
23.1.1 All proceedings of such arbitration shall be in the English language. The place / seat of the arbitration shall be Kuala Lumpur and the courts of Kuala Lumpur shall have exclusive jurisdiction over the arbitration proceedings;
23.1.2 The Law governing the conduct of arbitration and the arbitration proceedings shall be the laws of Malaysia;
23.1.3 The arbitration shall be conducted before a sole arbitrator appointed by the Owner;
23.1.4 Arbitration awards shall be reasoned awards and shall be final and binding on the disputing parties; and
23.1.5 The existence or subsistence of a dispute between the parties, or the commencement or continuation of arbitration proceedings, shall not, in any manner, prevent or postpone the performance of those obligations of the parties under the Agreement which are not in dispute, and the arbitrators shall give due consideration to such performance, if any, in making a final award.
23.2 Nothing shall preclude a party from seeking interim or permanent equitable or injunctive relief, or both. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the parties to pursue any other remedy or relief through the arbitration.
24. Governing Law
25. Integration, Severability and Waiver
26. Grievance Officer
Dr Zulkifli Hassan
M2-15-02, Level 15, 8trium Tower 2
Jalan Cempaka SD 12/5
Bandar Sri Damansara
52200 Kuala Lumpur
Email: [email protected]
27. Effective Date