GivingHub - Giving Made Easy

Information About Us and Acceptance of Terms
1. Givinghub.asia (“Platform”) is an online platform created by Impact Altruism Sdn Bhd (“Organisation”, “We/Our/Us”) and managed by the NGOhub team (“Management”). Impact Altruism Sdn Bhd is a Social Entreprise registered in Malaysia. Impact Altruism Sdn Bhd created givinghub.asia to provide web-hosting to facilitate online fundraising for Social Organisations (“Campaign Owners”) and the fundraising activities of these Social Organisations and their Fundraisers. We also provide access to volunteers and events. The Platform enables Users to promote Campaigns on behalf of Social Organisations and allows Users to Donate to Campaigns of their choice. These processes (“Services”) are subject to the following Terms of Use (“Terms”) stated herein.
2. In light of the above description, Impact Altruism Sdn Bhd does not in any way represent the views of any Campaign Owner, Fundraiser and/or Donor. Whilst we are committed to best practices and endeavour to conduct background checks on our Users to the best of our ability, the Organisation has no control over and do not guarantee the quality, safety or legality of Campaigns and Fundraising Pages. You will agree to not hold the Organisation accountable for others’ actions or inactions.
3. Please read the Terms set out below as they govern the use of the Platform and our Services. Your access and use of the Services represents your acceptance of our Terms and your agreement to be bound by them, all other applicable terms referenced herein as well as all applicable laws.
4. The terms and conditions herein shall be governed by and construed in accordance with the laws of Malaysia and you shall submit to the jurisdiction of the courts of Malaysia.
5. Our Terms also refer to the additional terms in our Privacy Policy. Our Privacy Policy sets out the terms on which we process your personal data. Please read through this policy as your use of the Services not only represents your compliance with the Terms but to the Privacy Policy too.

Privacy Policy Link: https://www.givinghub.asia/privacy_policy.

Change of Terms
1. To remain viable and competitive, the Services that we provide are always evolving. As such, unless specified otherwise the terms, form and nature of the Services that we provide may change from time to time at our sole discretion and without prior notice to you. Access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.
2. We make no representations, warranties or guarantees, whether express or implied, that our Services or any content on our site is accurate, complete, up-to-date or free from errors or omissions.

Definitions
1. In this Terms of Use, the following phrases shall have the following meanings:

“Campaign Owners” refers to any not-for-profit organisation who has registered with Givinghub.asia to raise funds on our Platform

“Campaigns” are a project, event and/or fundraising appeal created by a Campaign Owner to raise money for said project in accordance with the Terms herein

“Donors” is any User that contributes money to a Campaign directly through our Platform

“Donations” is any financial transaction which is received directly or through a Campaign on out Platform

“Fundraiser(s)” is any User that has registered on our Platform and created a Fundraising Page. Their aim is to raise money through this Fundraising Page for a Campaign. If a Fundraiser chooses to transfer or share ownership of their Fundraising page with another User, that User becomes a Fundraiser and they will assume the aforementioned access and responsibilities.

“Fundraising Page(s)” is a page created on the Platform by a Fundraiser to raise Donations to a Campaign registered with our Platform. The pages are created on a voluntary basis with the Fundraiser expecting no monetary benefit from the Campaign Owner or the Platform.

“User(s)” individuals, teams, not-for-profit organisations, clubs, businesses, charitable institutions, NGOs and/or other entities, as well as our representatives who have accepted the Terms herein by using the Services or by giving a Donation to a Campaign or a Fundraising Page

“Service Fees” - A small charge that We apply to Donations to Campaigns and/or Fundraising Pages on our Platform to cover operating costs.

“Payment Provider” means the entity that processes a Donor’s Donation, i.e a Donor’s bank

“Payment Provider Fee” means any applicable transaction charged by the Payment Provider including but not limited to, debit and credit card fees, exchange fees, applicable tax and any other fee applicable at the relevant time.

“Database” means the social organisations listed in NGOhub’s directory linked to givinghub.asia. Users may use may fundraise for these organisations through givinghub.w

Eligibility
1. You are NOT eligible to use the Services without consent if you are under 18 years of age or any other age, which the law does not allow you to enter into a legally binding contract in the jurisdiction you are from. If you are between the ages of 13 and 17, you can use the Services with the consent and supervision of your parent and/or legal guardian who is at least 18 years old, provided that your parent and/or legal guardian also agrees to be bound by these Terms and agrees to be responsible for your use of the Services.
2. You are not eligible to use the Services if you have previously been suspended from using the Services for any reason and we have not explicitly authorized you to resume using the Services. We reserve the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend a Campaign at any time for any reason without liability

Accessing Our Services
1. We will use reasonable efforts to make our Services available to our Users without any interruption. However, as our Services are also dependent on other third-party service provider, we do not guarantee that our Services, will always be available or uninterrupted, especially when our third-party service provider is the cause of the interruption. As such, we will not be liable to you if for any reason our Services are unavailable at any given time. Unless specified or agreed otherwise, we also reserve the right to suspend, withdraw, discontinue or change any part of our Services without prior notice.
2. You are responsible for making all arrangements necessary for you to have access to our Services.
3. You are also responsible for ensuring that all persons who access our Services through your internet connection or account are aware of these Terms and that they comply with them.

Rules of Conduct
1. Givinghub.asia is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam.
2. Do NOT:
  1. Use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
  2. Post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
  3. Spam the comments sections or other Users with unsolicited or unauthorized offers of goods and services, advertising, promotional material, junk mail, spam or chain letters, or inappropriate messages;
  4. Engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services; or bypass any measures Givinghub.asia may use to prevent or restrict access to the Service;
  5. Run any form of auto-responder or “spam” on the Platform;
  6. Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or
  7. Take any action that imposes, in Givinghub.asia’s sole discretion, an unreasonable load on Our infrastructure;
  8. Represent products created by others as your own creation, or act as a reseller of others' products;
3. Givinghub.asia reserves the right to remove Campaigns and terminate User Accounts for such activities.
4. The Organization reserves the right to bar any one, organization or group from the use or access to this Platform not only if any of the subclauses of Clause 6.ii are violated, but also at the sole discretion of the Organisation. Termination of access can be executed permanently or over a period of time, in part or in whole, depending on the Organization's discretion, at any time without any prior notice or reason.

Payment Processing
1. All Donations made are processed by the Payment Provider(s) available on our Platform
2. Users are also subject to the applicable Payment Provider Terms of Use and other agreements related to their Service transactions. We are not affiliated directly with any Payment Provider and cannot be held accountable for their actions or inactions.
3. By using the Services, all Users agree to the Payment Provider with holding a service fee and making these fees available to the Company. For more information on the service fees see the Fee Schedule section below.

Service Fees
1. Setting up an account on the Services is free. We do not charge our Service fees to Donors. Unless otherwise expressly indicated on the Services, we do apply a small charge to Campaign Owners as a portion of the Donations they raise (Service Fees). This will be deducted from the final amount fundraised when the Campaign ends before We transfer you the money. Changes to Service Fees are effective after we post notice of the changes on the Services. Updated Service Fees are applied to Campaigns launched after the notice is posted.
2. The total Service Fees that we charge Campaign Owners is 6.5%. This INCLUDES all Payment Provider charges and taxes incurred. The Service Fees is to cover operating costs and to ensure sustainability of the Platform and our work in capacity building for NGOs.
3. We do not charge Donors a Service Fee, as any service fee applicable to their Donation shall be borne by the Campaign Owner.

Refunds
1. No refund/cancellation for Donations through any mode of payment will be allowed for any Donors unless the Donor made a technical error, such as transaction duplicity, data entry mistake or any other circumstances the Company at its sole discretion deems fit.
2. The refund/cancellation for Donations must be made within seven (7) days from the date of transaction (the date the Donation was made) or before the Donation received is disbursed to the Campaign Owner, otherwise the Company will not process any refund/cancellation request, including the above mentioned event.
3. Campaign Owners shall accept the sole responsibility to provide refunds to Donors at their own discretion. Save for Clause 9.1, the Company will NOT be held liable for refunds or lack thereof. For avoidance of doubt all Users understand and agree that save for what is stipulated in Clause 9.1, refunds will NOT be the responsibility of the Company should the User decide to change their mind and withdraw their Donation for whatever reason(s) including but not limited to Fundraisers failure and/or omission to satisfy or fulfil the project, challenge, special occasion and/or event created.
4. No reimbursement of Service Fee shall be allowed, unless the refund request was made due to technical fault, such as transaction duplicity, data entry mistake or any other circumstances the Company at its sole discretion deems fit. In the event the Campaign Owner is claiming reimbursement of the Service Fee due to technical error they must submit the request for the refund within seven (7) days from the date of transaction (the date the Donation was made). Thereafter, the Company will request a Service Fee reversal. Reimbursement of the Service Fee contrary to what is stipulated in this Clause will not be processed.

Intellectual Property
1. This Platform belongs to the Organization. The copyright to the contents of this Platform is owned by or licensed to the Organization excluding those intellectual property rights of vendors or alliances who have authorized the Organization with the necessary usage and reproductions of the content of this Platform. This Platform is intended for personal use, quick reference, illustration and information purposes only and may not be copied, redistributed or published in any manner without the written permission of the Organization.
2. Any unauthorized use of any part of this Platform is strictly prohibited. You may not copy or transmit any of the content herein in whole or in part for commercial purposes without the express written permission of the Organization - which if granted, would only be extended to our own materials.
3. The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on this Platform belongs to the Organization excluding those intellectual property rights of vendors or alliances who have authorized the Organization with the necessary usage and reproductions of the content of this Platform. Nothing contained on this Platform should be construed as granting any license or right to use any Trademark displayed on this Platform. Any use/misuse of the Trademarks displayed on this Platform, or any other content on this Platform, except as provided in these terms and conditions, is strictly prohibited. The Organization reserves the rights to bring any action arising from the improper or unauthorized use of this Platform, including any action for infringement of its trademarks and other intellectual property rights.

Disclaimer/Limitation of Liability
1. The Organization does not provide any representation, warranty or guarantee, whether express, implied or by statute, as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Platform for any particular purpose.
2. You acknowledge that such information and materials may contain inaccuracies or errors and the Organization expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
3. Any use of any information or materials on this Platform is entirely at your own risk, for which the Organization shall not be liable. It shall be your own responsibility to ensure that any materials or information available through this Platform meet your specific requirements.
4. Neither the Organization nor any other party involved in creating, producing or delivering this Platform is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to or use of this Platform. Without limiting the foregoing, everything on this Platform is provided to you on an "AS IS" basis WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
5. The Organization shall not be liable for any damages (whether special, incidental, consequential, direct or indirect) loss of profits, injuries, savings or goodwill howsoever arising including but not limited to those resulting from your use or inability to use information provided from this Platform or for any damages or loss caused by any failure of performance, omission, inaccuracy, completeness, interruption, malfunction, delay in transmission, computer virus, unauthorized access to, and use of this Platform or due to any event beyond the Organization's control.
6. Your use of this Platform is at your own risk. Please make it your personal responsibility to verify any information available herein. We suggest that you seek independent professional advice before making any form of decision based on information obtained from this Platform.

Indemnity
1. You shall indemnify and keep the Organization indemnified against all claims, damages, actions and proceedings made or brought against the Organization arising from your use of this Platform and/or any breach of terms in relation thereto by you.

Campaign Owner Obligations
1. When Registering, the Campaign Owner agrees and undertakes that:
  1. You are an employee and/or official representative of the Campaign Owner;
  2. You are a valid legal entity, which is registered with relevant authorities and is authorised and permitted by law to collect Donations;
  3. You will provide true, accurate and complete information about your Campaign whilst registering on our Platform;
  4. You do not have the authority to act on behalf of, speak for, or obligate the Company, except to use authorised tools and materials provided by the Company to raise funds to support your Campaign through our Services.
2. In regards to its active Campaigns, the Campaign Owner hereby agrees to:
  1. Give full disclosure pertaining to all information and documentation relevant to the ongoing Campaign
  2. Be truthful with this information provided to the Company
  3. Be accountable for Donations received by you, including but not limited to enquiries from the Donors regarding your programmes, financial information and use of the Donations. The Organisation are NOT in any ways accountable for what the Campaign Owner does with the funds raised.
  4. Provide accurate and clear information about your Campaign implementation to Donors through a Donor Report (aided by the training materials we will provide you)
  5. You agree that our records shall be conclusive evidence of all transactions by you
  6. Comply with all laws and regulations, but not limited to, those regarding fundraising and donation laws applicable in the jurisdiction you are raising Donations.
3. The Organisation reserves the right at our sole discretion, to revoke the Users access to the Services including taking down a Campaign if you have not complied with the terms of Clause 13.

Fundraisers Rights
1. The Fundraiser who creates a Fundraising Page agrees and undertakes that:
  1. You are solely responsible and liable for, and must fulfil your project/challenge etc. as presented on your Fundraising Page;
  2. In any event you are unable to fulfil or satisfy the project/challenge etc., you will work with the Campaign Owner to reach a mutual resolution;
  3. The Organisation does not endorse or validate any project/challenge etc. and does not accept liability for the fulfilment or lack thereof;
  4. The Fundraisers will hold harmless and indemnify the Organisation for any loss or damages suffered by the Organisation as a result of the Fundraisers failure to satisfy the project/challenge etc.
  5. You do not have the authority to act on behalf of, speak for, or obligate the Company, except to use authorised tools and materials provided by the Company to raise funds to support your Campaign through our Services.
  6. Comply with all laws and regulations, but not limited to, those regarding fundraising and donation laws applicable in the jurisdiction you are raising Donations
2. The Organisation reserves the right at our sole discretion, to revoke the Users access to the Services including taking down a Campaign if you have not complied with the terms of Clause 14.

Donor Rights
1. The Company will endeavour to the best of its ability to conduct background checks and due diligence on Beneficiaries and if circumstances warrants it on Fundraisers as well. However, as a Donor you are solely responsible for asking questions and conducting your own background check to the extent you feel is necessary before you make a Donation.
2. You agree and understand that all Donations are made voluntarily and at your sole discretion and risk. The Company doesn’t guarantee that Donations will be used as promised, that the Campaign Owner will deliver what was promised or that the Campaign/Fundraising Page will achieve its goals and/or is not fraudulent in nature and/or created for illegal activity. The Company does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, or Donation.
3. You understand and agree that the Organisation shall not be held responsible or accountable for any loss or damages suffered by you as a result of the above mentioned situation or other circumstances states in this this Terms. Further, you are solely responsible for determining how to treat your Donation, and receipt for tax purposes.
4. If you have any doubts over how your Donation should be spent, you should contact the Campaign Owner directly not through our Platform.

Accounts and Passwords
1. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account. You must treat such information as confidential. You must not disclose it to any third party. Impact Altruism Sdn Bhd cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
2. The user account created on givinghub.asia is shared with the ngohub.asia platform. These account access is interchangeable and allows for access to both givinghub.asia and ngohub.asia. The username and password created will be jointly hosted by both platforms.
3. We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
4. If you know or suspect that anyone other than you may know your password, you must promptly notify us via support@ngohub.asia

Links to Other Platforms
1. The linkage to other Platforms provided herein are merely for your convenience and do not signify that the Organization endorses in any way whatsoever in such Platforms. These Other Platforms are not under Our Platform’s control, and as such the Organization bears no responsibility for the contents of such other Platforms and shall not be held liable for any damages or injury howsoever arising therefrom. You shall view any of the other linked Platforms at your own risk.
2. The linkage to ngohub.asia platform enables the Platform Users to fundraise for organisations registered on ngohub.asia.

Termination
1. The Terms will continue to apply until terminated by either you or us as follows:
  1. You may end your agreement with us at any time for any reason by deactivating your accounts and discontinuing your use of the Services.
  2. We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
  3. In all such cases, any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.
  4. Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice.

Communication (contact us)

E-mail: info@ngohub.asia
Address: A-22-12, Platinum Lake Condo PV13, Jalan Danau Saujana 1, Taman Danau Kota, 53300, Kuala Lumpur
Phone: +60 18 2224247

Terms of Use