In these Terms, we refer to those raising funds as "project creator" and to their fundraising campaigns as "project." We refer to those contributing funds as "backers" and to the funds they contribute as "pledges." Project creators, backers and other visitors to the Services are referred to collectively as "Users” may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. “User Submissions” means any Content Submitted by Users.
3.0 Summary of Service
Personal Fundraising is prohibited in Malaysia. FR Capital LLP does not allow personal fundraising in our website; each project must have Goods/Services as an exchanged for the pledges, except for project fall under category-Charity.
www.fundraising.my is an online reward based crowdfunding venue for people and entities seeking to raise funds for their own projects and to pledge to the projects of others. Project creators can offer gifts or rewards in the form of tangible items or intangible services (collectively, "rewards") to backers. Rewards are not offered for sale. www.fundraising.my makes no representations about the quality, safety, morality or legality of any Projects, Rewards or Pledges or the truth or accuracy of User Content (as defined below) posted on the Services. FR Capital LLP does not represent that Project Creators will deliver Rewards or that Pledges will be used as described in the Projects. Users use the Services at their own risk. Through the Site, email, websites, and other media, the Service 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”).
4.0 Eligibility to Use the Services
Users under 18 years of age are not eligible to use the Services, users must be minimum 18 years old without exception. The Company reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. Users suspended from using the Services are not eligible to use the Services.
5.0 Acceptance of Terms
FR Capital LLP reserves the right to refuse use of the Services (including, but not limited to, the availability of any feature, database, or Content) to anyone and to reject, cancel, interrupt, remove or suspend any Project, Pledges, or the Services at any time for any reason without notice or liability.
6.0 Rules and Conduct
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;
you know is false, misleading, or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;
constitutes unsolicited or unauthorised advertising or promotional material or any junk mail, spam, or chain letters;
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 unauthorised access to any system, data, password, or other information of the Company or any third party;
is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
impersonates any person or entity, including any employee or representative of the Company.
Additionally, you shall not: (i) 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; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) 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); (iv) run Maillist, Listserv, or any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
You shall not directly or indirectly: (i) 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 extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) 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.
Project Creators agree to not abuse other users' personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the Project Creator’s Project, or is not related to fulfilling delivery of a product or service explicitly specified in the Project Creator’s Project.
8.0 Disputes between Project Creator and Backers
Project Creators are legally bound to perform on any promise and/or commitment to Backers (including delivering any Rewards). FR Capital LLP does not recognize any third party and/or agency affiliated with the Project as a Project Creator.
If a Project Creator is unable to perform on any promise and/or commitment to Backers, the Project Creator will work with the Backers to reach a mutually satisfactory resolution, which may include the issuance of a refund of Pledges by the Project Creators.
FR Capital LLP is not liable for any damages or loss incurred related to rewards or any other use of the Service. FR Capital LLP 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 Service. 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. FR Capital LLP does not oversee the performance or punctuality of projects.
In addition, FR Capital LLP is under no obligation to become involved in disputes regarding the determination of the rightful Project Creators, and will not be obligated to make any changes to Project Creators accounts or transfer of ownership. In the event of any dispute, such as a Project Creator alleged failure to comply with the Terms or alleged failure in fulfillment of a Reward, we may provide the Project Creator's contact information to the Backers so that the two parties may resolve their dispute.
By creating a crowdfunding project campaign on www.fundraising.my, the role of Project Creator offers the public the opportunity to enter into a contract. By backing a crowdfunding campaign on www.fundraising.my, the Backer accepts that offer and the contract between Backer and Project Creator is formed. www.fundraising.my is not a party to that agreement between the Backer and Project Creator. All dealings are solely between Users.
By backing or creating a crowdfunding project campaign on www.fundraising.my, you agree to be bound by this entire Agreement, including the following terms:
Backers agree to provide their payment information at the time they pledge to a project. The payment will be collected at or after the project campaign deadline and only if the amount of money pledged as of the deadline is at least equal to the fundraising goal. The amount Backers pledge is the amount they will be charged.
Backers consent to FR Capital LLP and its payments partners authorising or reserving a charge on their payment card or other payment method for any amount up to the full pledge at any time between the pledge and collection of the funds.
Backers agree to have sufficient funds or credit available at the project campaign deadline to ensure that the pledge will be collectible.
Backers not allow to cancel their pledge at any time during the project campaign.
The Estimated Delivery Date listed on each reward is not a promise to fulfill by that date, but is merely an estimate of when the Project Creator hopes to fulfill by.
Project Creators agree to make a good faith attempt to fulfill each reward by its Estimated Delivery Date.
Project creator agree to receive phone calls and other communication ways from admin of www.fundrasing.my to clarify for project submitted for approval.
The minimum Pledge amount is RM1.00 per pledge per backer, the maximum amount for PayPal is USD 2000 per pledge per backer.
Project creators can choose whether or not to limit the number of Rewards offer for each Pledge amount.
For all project campaigns, www.fundraising.my gives to the Project Creator each Backer’s User ID and pledge amount. For successful campaigns, www.fundraising.my additionally gives to the Project Creator each Backer’s name and email.
For some rewards, the Project Creator needs further information from Backers, such as a mailing address or t-shirt size, to enable the Project Creator to deliver the rewards. The Project Creator shall request the information directly from Backers at some point after the fundraising project campaign is successful. To receive the reward, Backers agree to provide the requested information to the Project Creator within a reasonable amount of time.
www.fundraising.my does not offer refunds. A Project Creator is not required to grant a Backer’s request for a refund unless the Project Creator is unable or unwilling to fulfill the committed reward.
Project Creators are required to fulfill all rewards of their successful fund raising project or refund any Backer whose reward they do not or cannot fulfill.
Project Creators may cancel or refund a Backer’s pledge at any time and for any reason, and if they do so, are not required to fulfill the reward.
Because of occasional failures of payments from Backers, www.fundraising.my cannot guarantee the receipt by Project Creators of the amount pledged minus fees.
www.fundraising.my and its payments partners will remove their fees before transmitting proceeds of a project campaign. Fees may vary depending on region and other factors.
www.fundraising.my reserves the right to cancel a pledge at any time and for any reason.
www.fundraising.my reserves the right to reject, cancel, interrupt, remove, or suspend a project at any time and for any reason. www.fundraising.com.my is not liable for any damages as a result of any of those actions. www.fundraising.my policy is not to comment on the reasons for any of those actions.
Project Creators should not take any action in reliance on having their project posted on the Site or having any of the money pledged until they have the ability to withdraw and spend the money. There may be a delay between the end of a successful fundraising project and access to the funds.
9.1 Prohibited Projects
Project creators are not permitted to create a project to raise funds for illegal activities, to cause harm to people or property, or to scam others. If the project is claiming to do the impossible or it's just plain phony, don't post it. Users must comply with all applicable laws and regulations in connection with their Projects, including offering Rewards and using Pledges. Project Creators shall not make any false or misleading statements in connection with their project campaigns.
9.2 Prohibited rewards
Project creators are not permitted to offer or provide any of the following as a Reward:
Contests (entry fees, prize money, within your project to encourage support, etc)
3. Drugs, drug-like substances, drug paraphernalia, tobacco, etc
4. Any weapons, ammunition and related accessories;
Projects that involve repayment/loans, investments, equity, shares, or anything relating to a criminal investigation.
Items not directly produced by the project or its creator (no offering things from the garage, repackaged existing products etc)
Multilevel marketing and pyramid programs
Offensive material (hate speech, inappropriate content, etc)
Projects endorsing or opposing a political candidate
Raffles, gambling, lotteries, and sweepstakes
Promoting or glorifying acts of violence
Get rich quick scheme -anything involving "prizes" or promises of guaranteed results
Money service businesses-Offshore banking, check cashing services
9.3 Project Verification Document Requirement
For guideline for project verification document requiremet, please click : https://fundraising.my/pages/verification-document-requirement
10.0 Community Guidelines
www.fundraising.my is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:
FR Capital LLP reserves the right to remove Projects and terminate User Accounts for such activities.
11.0 User Content
You agree that the Service 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. While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "User Content"). Users grant FR Capital LLP a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities.
As between Users and FR Capital LLP, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
12. License to Users
FR Capital LLP grants each User a limited, non-exclusive, non-transferable, non-exclusive and revocable license to use the Services subject to such User's eligibility and continued compliance with the Terms. 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.
13.0 Fees and Payments
Setting up an account on the Services is free. We do not charge our Service fees to Backers. www.fundraising.my charge fees for certain services. Unless otherwise expressly indicated on the Services, we do charge our Service fees to Project Creators as a portion of the Pledges they raise (the "Service Fees"). You are responsible for paying all fees and taxes associated with your use of the Service. Funds pledged by Backers are collected by Third Party Payments. www.fundraising.my is not responsible for the performance of Third Party Payments. 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.
14.0 Third-Party Websites, Advertisers or Services
15.0 Intellectual Property
We respect the intellectual property rights of others, and we prohibit users from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.
By Submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:
● The Company will not have any ownership rights over your User Submissions. However, the Company needs the following license to perform and market the Service 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, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) 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 (a) the Service, (b) the Company’s (and its successors' and assigns’) businesses, (c) 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); (ii) take whatever other action is required to perform and market the Service; (iii) 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 (iv) 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.
● You are publishing your User Submission, and you may be identified publicly by your name or User ID in association with your User Submission.
● 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.
● 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 www.fundraising.my all of the license rights granted herein.
● 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.
● The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
● All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
In accordance with the Digital Millennium Copyright Act ("site/terms/DMCA"), www.fundraising.my has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. www.fundraising.my also may terminate User accounts even based on a single infringement.
16.0 Copyright Notifications
Content hosted on third-party websites accessible from www.fundraising.my is the responsibility of those websites, and not www.fundraising.my responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.
www.fundraising.my will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us in writing.
If you believe that your work has been removed or disabled by mistake or misidentification, please notify www.fundraising.my in writing.
Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
If you fail to comply with these notice requirements, your notification or counter-notification may not be valid. www.fundraising.my will not be held liable in such scenario.
Our designated copyright agent for notice of alleged copyright infringement is:
FR Capital LLP, Email: CRM@fundraising.my
17.0 Payment Services
Project Creators and other Users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. Indiegogo merely provides a technology platform to allow Campaign Owners to connect with Contributors. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
Indiegogo makes no representations, warranties or other assertions as to the potential tax deductible status of any Contribution by a Contributor to a charitable cause or to a Campaign whose purported recipient is a recognized 501(c)(3) or other tax -advantaged organization under the Internal Revenue Code. The listing of an organization via the Services does not necessarily mean that the organization has been deemed— or remains currently deemed—a charitable or tax-advantaged organization by the Internal Revenue Service.
20.0 Limitation of Liability
In no event shall the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) 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), (ii) in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, or (iii) for availability or accessibility of www.fundraising.my or promise that your access to www.fundraising.my, the content on it or the services we provide will be delivered uninterrupted, timely or error-free, so the above limitations and exclusions may not apply to you.
You agree only to use www.fundraising.my in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including any actions you take which disrupt access to and/or the functioning of www.fundraising.my) or any liability we incur as a result of the use of www.fundraising.my by you and any other person that uses your account with your permission or as a result of your negligence.
22.0 Electronic Delivery, Notice Policy, and Your Consent
By using the Services, you consent to receive from www.fundraising.my all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Contract Notices") electronically. www.fundraising.my 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 Services.
23.0 Updates To This Agreement