GENERAL TERMS OF USE
Last updated 10th May 2024
Please read these general terms of use (“General Terms”) carefully and check them regularly as they may change from time to time in accordance with Clause 4.4 below.
HOW ARE THE FUNDS RAISED BEING USED?
- The bulk of the funds raised from the Contest (as defined below) under the relevant Campaign (as defined below) are for the benefit of the relevant NPO (as defined below) under the relevant Campaign to support its mission or goal as featured on the Website (as defined below).
- However, a portion of the of funds raised will go towards the reimbursement of the costs and expenses incurred by the Company (as the authorized agent of the NPO) to operate, manage and execute the Campaign. The Company will also receive a portion of the funds as its fee to operate, manage and execute the Campaign for and on behalf of the NPO.
- If the total amount of funds raised from the Contest under the relevant Campaign is less than the fundraising goal as published on the Website webpage of the relevant Campaign, the Company has pledged that it will pay to the relevant NPO such amount equivalent to the difference between the fundraising goal and the amount of total funds raised.
1. APPLICABILITY
1.1 These General Terms are to provide the general terms and conditions that govern your access to, use of, and interactions with:
1.1.1 the website operated by RaiseTogether Sdn. Bhd (Registration No. 202301038717 (1532639-K)) (which collectively with its affiliates shall be referred to the “Company”, “we”, “us” or “our”) at https://royong.io (“Website”);
1.1.2 any applications made available through the Website (“Software”);
1.1.3 any social media platforms or pages managed by the Company, including Facebook, Instagram and X (“Social Media Pages”); and
1.1.4 any content, functionality and services offered on or through the Website, Software and Social Media Pages,
(collectively, the “Services”).
1.2 In addition to these General Terms, each of the promotional sweepstakes (each, referred to as an “Contest”) offered on the Website are also governed by additional terms and conditions which are accessible at https://royong.io/contest-rules/ (“Contest Rules”).
1.3 Prior to using the Services, please read these General Terms and the Contest Rules (collectively referred to as the “Terms”) carefully.
2. AUTHORISED AGENT
2.1 You acknowledge and agree that:
2.1.1 the Company is the appointed and authorized agent of each not-for-profit organisation (“NPO”) under the relevant fundraising campaign (“Campaign”) featured on the Services;
2.1.2 the Company is authorized by the NPO under the relevant Campaign to operate, manage and execute the Services (including the Website), the Campaign (which includes collecting the fundraising monies) and the Contest for and on behalf of that NPO; and
2.1.3 the Services are marketed and provided to you by the Company as the authorized agent of the relevant NPO under the relevant Campaign.
3. YOUR ACCEPTANCE OF THESE TERMS
3.1 Upon your acceptance of the Terms by checking the box confirming the acceptance of the Terms, the Terms constitute a binding contract between you, the Company, and the NPO under the relevant Campaign. Notwithstanding the foregoing, you further agree that by continuing using and accessing the Services, you have read, understood and agreed to be bound by all of the Terms, as may be amended from time to time which will be published on the Website. It is your responsibility to ensure that you remain up to date on any revisions to the Terms.
3.2 If you DO NOT AGREE with any of the Terms, or if you DO NOT WISH TO BE BOUND by the Terms, you SHOULD NOT continue to use or access the Services and you must immediately cease any use of or access to the Services.
4. UPDATES OR CHANGES TO THE TERMS
4.1 The Terms may be updated, amended or modified from time to time by the Company in our absolute discretion.
4.2 All changes to the Terms are effective immediately when the revised Terms are published on the Website and shall apply to all access to and use of the Services from the date set out therein.
4.3 If you continue to access, use or interact with the Services following the posting of revised Terms, you are deemed to have read, understood and agreed to be bound by the revised Terms.
4.4 You are responsible for checking the Terms regularly to ensure that you understand the up to date set of Terms that apply at the time of your access to or use of the Services.
5. MINIMUM AGE REQUIREMENT
5.1 The Services are intended for users who have attained the age of legal majority in their respective jurisdiction of residence. Persons under the age of legal majority in their respective jurisdiction of residence (each, a “Minor”) are not permitted to use the Services, save for the exception in Clause 5.2 below.
5.2 A Minor may use the Services only if such Minor and his/her parent or legal guardian (“Responsible Parties”) review and agree to comply with, and be bound by, the provisions in the Terms and the Privacy Policy together as if the Responsible Parties had used the Services themselves. In this case, the provisions in the Terms and the Privacy Policy shall apply mutatis mutandis to the Responsible Parties of such Minor and the Responsible Parties of such Minor shall be jointly and severally liable for all acts (including purchases and payments relating to the Campaign and the Contest) and omissions of such Minor when using the Services.
6. ACCESS TO THE SERVICES
6.1 The Services are offered only for your personal and non-commercial use only and not for the use or benefit of any third-party.
6.2 The Company is entitled, in its sole discretion, to change and modify the eligibility criteria to use the Services, or otherwise refuse to offer some or all of the Services to any person, at any time. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
6.3 Any right to access and use the Services by you is automatically revoked (without any requirement to provide notice or reason to you) if the use of the Services, in our opinion, is prohibited or conflicts or is likely to be prohibited or conflicts with any applicable law, rule or regulation.
6.4 You are solely responsible at your own cost and expense to make arrangements, or take such steps, necessary for you to access the Services, including securing internet connections.
7. ACCOUNT REGISTRATION AND SECURITY
7.1 As part of your use of the Services, you may be requested to provide certain details or information to create a user account (“Account”) in which case, you shall ensure that all details or information provided by you are true, correct, and complete.
7.2 If any of your details or information relating to your Account is, or becomes, inaccurate or if there are any changes to your details or information relating to your Account, you must promptly update such changes.
7.3 Your Account is for your personal use only. You agree that it is your responsibility to not allow a third party to use your Account to access or use the Services, and you must not transfer your Account to any third party.
7.4 You also agree to protect the confidentiality of the password to your Account and you agree not to share the password to your Account with any third party.
7.5 You agree to be solely responsible for all activities that occur under your Account, including any activity by unauthorized users. If you suspect or know of unauthorized access to your Account, change your password immediately.
8. TERMINATION OF RIGHT TO USE THE SERVICES
8.1 The Company is entitled to suspend, delete and/or disable your Account (or restrict the accessible or functionality of your Account) for any reason, including if the Company determines that you have violated the Terms or that your conduct damages (or potentially damages) the reputation of the Company or the NPO or their respective goodwill.
8.2 If the Company deletes your account or terminates your permission to use the Services, you shall not re-register for or continue to use the Services under any other email or Account.
9. LIMITED PERMISSION TO USE THE SERVICES
9.1 Subject to your compliance with the Terms and solely for so long as you are permitted by us to access and use the Services, the Company grants to you a revocable, limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the Services for your personal, non-commercial use only.
9.2 You shall not:
9.2.2 copy, modify, reverse engineer, disassemble, or create derivative works based on the Services;
9.2.3 distribute, sell, grant rights in or to the Services; or
9.2.4 publicly display, republish, download, store, or transmit any of the Services.
save and except that you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
9.3 The Company may, in its sole discretion and at any time, suspend or terminate any licence granted by it to you for any reason whatsoever without prior notice to you and without assigning any reason to you.
10. INTELLECTUAL PROPERTY
10.1 The marks, logo, designs, artworks, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing are the property of the Company (“Company’s IP”).
10.2 You acknowledge and agree that by using the Services, you do not acquire or obtain any licence or right to use any of the Company’s IP in any manner unless expressly permitted under the Terms.
11. PRODUCTS
11.1 The Company (as the authorized agent of the NPO) makes every effort to display as accurately as possible the details, features and specifications of the products available on the Services (“Products”). However, neither the NPO nor the Company (as the authorized agent of the NPO) represents, warrants or guarantees that the details, features and specifications of the Products will be accurate, complete, current or free of errors or defect.
11.2 The Products offered on the Services are subject to availability and the Company (as the authorized agent of the NPO) reserves the right to discontinue any Product at any time at any time for any reason.
11.3 The Company (as the authorized agent of the NPO) reserves the right to revise the price of the Product at any time.
12. PROHIBITED ACTIVITIES
12. 1 You must not access or use the Services for any purpose other than that for which the Company makes the Services available.
12.2 As a user of the Services, you agree not to do any of the following:
12.2.1 trick, defraud or mislead the Company or other users, especially in an attempt to learn sensitive account information such as user passwords;
12.2.2 circumvent, disable or otherwise interfere with security-related features of the Services;
12.2.3 use the Services in a manner inconsistent with any applicable laws or regulations;
12.2.4 publish the confidential, proprietary or personal information of any other person or entity on the Services;
12.2.5 use or access the Services, or any portion thereof, for any commercial purpose or for the benefit of any third-party or in any manner not expressly permitted by the Terms; and
12.2.6 use or display the Company’s name, any trademark, logo or other proprietary information, or the layout and design of any page or copy contained on a page, without the Company’s express written consent.
13. USER CONTRIBUTIONS
13.1 The Services may include interactive features (“Interactive Services”) which allow users to post, submit, public, display or transmit to the Company, other users or other third-parties the materials (including writings, audio, photographs, graphics, suggestions, comments and personal information) through or in connection with the use of the Services (“User Contributions”).
13.2 You acknowledge that any User Contribution made available by you will be considered non-confidential and non-proprietary. The User Contribution made available by you may be viewable by other users of the Services and the Company does not guarantee that other users or third parties will not use the User Contributions that you post.
13.3 When you use or access the Services or create or make available User Contributions on the Services, you represent and warrant that:
13.3.1 You have attained the age of legal majority in your jurisdiction of residence;
13.3.2 You are the creator or the owner of (or have the necessary licences, rights or consents to use and to authorize the Company to use) the User Contributions made available by you in any manner contemplated by the Services and the Terms, and that the Company will not need to obtain licenses from any third-party or pay royalties to any third-party to use such User Contribution(s);
13.3.3 All of your User Contributions do and will comply with the Terms and any content standard stated herein; and
13.3.4 You have complied and will comply with all applicable laws during the course of your use and access of the Services.
13.4 You explicitly grant to the Company and the NPO and their respective affiliates and service providers a worldwide, perpetual, irrevocable, transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display, modify and make derivative works from your User Contribution for any purpose whatsoever, commercial or otherwise, without any attribution and/or compensation to you. In addition, you waive any “moral rights” or rights of privacy or publicity in your User Contributions. You further grant all users of the Services permission to view your User Contributions for their personal, non-commercial purposes.
13.5 We are under no obligation to oversee, monitor, or moderate any Interactive Service and you shall solely be responsible for all the User Contributions made available by you. The Company does not undertake to review any User Contributions before they are posted and the Company cannot ensure prompt removal of material after it has been posted. The Company assumes no liability or responsibility to anyone for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. Notwithstanding the foregoing, the Company reserves the right to: (i) remove or refuse to post any User Contribution for any or no reason in our sole discretion, (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, and (iii) take appropriate legal action for any illegal or unauthorized use of the Services.
14. THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT
14.1 Each user is responsible for ensuring that their respective User Contributions do not infringe any third-party’s right or other intellectual property rights.
14.2 If you have reasons to believe that the Services or any of the User Contributions contain elements that infringe or misappropriate your intellectual property rights, or the intellectual property rights of others, please notify the Company at [email protected] .
15. THIRD-PARTY WEBSITES AND CONTENT
15.1 The Services and the Webpage may contain links to other website (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, sound, video, information and other content belonging to or originating from third parties (“Third Party Content”). Such links do not imply the Company’s endorsement of information or material on such Third Party Websites and the Third Party Content and the Company disclaims all liability regarding your access to and use of such Third Party Websites and the Third Party Content.
15.2 The Third Party Websites and the Third Party Content are provided on the Services solely for the convenience of the users of the Services and such Third Party Websites and the Third Party Content are not under the control of the Company.
15.3 The Company does not:
15.3.1 make any representation or warranties regarding any Third Party Websites and the Third Party Content; and
15.3.2 take any responsibility nor assume any liability for any Third Party Websites and the Third Party Content.
15.4 You must not place any link to the Website on another website without the prior written consent of the Company.
16. PRIVACY POLICY
16.1 The Company’s privacy policy can be found at https://royong.io/privacy-policy/ (“Privacy Policy”). Please read the Privacy Policy prior to using the Services to understand what information the Company may collect from you, how the collected information is used and with whom the collected information is shared.
16.2 By agreeing to use the Services, you agree to be bound by the Privacy Policy, which is incorporated into the Terms.
17. TERM AND TERMINATION
17.1 The Terms shall remain in full force and effect for so long as you are permitted by us to access or use the Services.
17.2 Without prejudice to the other rights of the Company, the Company reserves the right to, in its sole discretion and without notice or liability, deny your access and/or use to the Services at any time if you are in breach of any of the Terms.
18. INTERRUPTIONS AND CORRECTIONS
18.1 You acknowledge and agree that the Company cannot guarantee that the Services will be available at all times. The Company may experience hardware, software or other technical issues and the Company may be required to performance maintenance in respect of the Services resulting in interruptions, delays or errors.
18.2 The Company reserves the right to change, update, suspend, discontinue or otherwise modify the Services at any time without prior notice to you and without assigning any reason to you.
18.3 You agree that the Company has no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Services during such downtime or discontinuance of the Services.
18.4 You agree that there may be information on the Services that contains typographical errors, inaccuracies or omissions and the Company reserves the right to rectify any errors, inaccuracies or omissions and to update the information on the Services from time to time without prior notice to you.
19. GOVERNING LAW
19.1 The Terms shall be governed by and be construed in accordance with the laws of Malaysia.
20. DISPUTE RESOLUTION
20.1 You agree that if there are any disputes arising from, or in connection with, the Services or the Terms (a “Dispute”), such Dispute shall be first resolved by way of good faith discussions with the Company. If you intend to commence such good faith discussions with the Company in respect of a Dispute, you are required to deliver a written notice (“Dispute Resolution Notice”) to the Company at A4-2-02 Solaris Dutamas, Jalan Dutamas 1, 50480 W.P. Kuala Lumpur and such written request shall set out the nature and basis of the Dispute and the relief sought.
20.2 If a Dispute cannot be resolved by way of good faith discussions between the Company and yourself within 30 days from the receipt of Dispute Resolution Notice, such Dispute shall be resolved by arbitration administered b the Asian International Arbitration Centre (“AIAC”) in Kuala Lumpur, Malaysia conducted in English by a single arbitrator pursuant to the Arbitration Rules of the Asian International Arbitration Centre (“AIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference to this Clause.
21. DISCLAIMER
21.1 The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. The Company makes no representation and warranty as to the quality, accuracy, completeness, or reliability of any content available through, or the performance of, the Services.
21.2 The Company does not assume any liability or responsibility for:
21.2.1 Any errors, mistakes or inaccuracies of content and materials published on the Website or in relation to the Services;
21.2.2 Any personal injury or property damage of any nature whatsoever resulting from your access to and use of the Services; and
21.2.3 any interruption or cessation of the Services.
22. LIMITATION OF LIABILITY
22.1 To the maximum extent permitted under applicable law, the Company [and the relevant NPO] (and their respective affiliated companies and all their respective officers, employees, directors) (collectively, the “Released Parties”) are not responsible and will have no obligation or liability resulting from (i) incorrect or incomplete information, whether caused by you or otherwise, technical errors, or by any of the equipment or programming associated with or utilized by the Released Parties; (ii) technical failures of any kind, including, but not limited to outages, malfunctions, interruptions, or disconnections in phone lines or network hardware or Software or scheduled or unscheduled maintenance; (iii) the use or the inability to use the Services; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the Website; (vi) any other matter relating to the Services; (vi) the cost of procuring substitute goods, services or technology; or (vii) any indirect, incidental, consequential, or special or exemplary damages arising out of or in any way connected with access to or use of the Services, even if the Released Parties have been advised of the possibility of such damages.
22.2 To the full extent permissible under applicable law, the Company’s aggregate liability to you or any third party in any circumstance shall not exceed Ringgit Malaysia One Hundred (RM100). You acknowledge and agree that your sole remedy for any breach of these terms and any problems or dissatisfaction with the Website or any portion of the Software is to terminate your account and discontinue use of the Website and the Software.
23. INDEMNITY
23.1 You agree to defend, indemnify and hold harmless the [Released Parties] from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons or property, including but not limited to defamation, slander, libel, infringement of intellectual property rights, property damage, or death or personal injury arising out of or relating to (i) your use or misuse of the Services, (ii) your breach or alleged breach of the Terms, including, but not limited to a breach or alleged breach of any representation or warranty by you in the Terms; (iii) your violation of any law, rule, regulation, or rights of others in connection with your use of the Services.
24. SEVERABILITY
24.1 If any provision of the Terms is held to be illegal, invalid or unenforceable in any respect under the law of any competent jurisdiction, then such provision shall (so far as it is invalid or unenforceable) be given no effect and shall be deemed not to be included in the Terms but without invalidating any of the remaining provisions of the Terms. Any provision of the Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
25. CONTACT US
If you any enquiries relating to the access or use of the Services, please contact the Company at: [email protected].
