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Terms of use

TERMS OF USE

 

1.0 Terms of Use

 

Please read these Terms of Use (the "Agreement" or "Terms of Use ") carefully before using the services offered by FR Capital LLP (The “Company”).

 

By using the 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, Users agree to be bound by these Terms of Use, all applicable laws and all conditions or policies referenced here (collectively, the "Terms"). This Agreement sets forth the legally binding terms and conditions for your use of the website at www.fundraising.my, all other sites owned and operated by FR Capital LLP that redirect to www.fundraising.my, and all subdomains (collectively, the “Site”), and the service owned and operated by the Company (together with the Site, the “Service”). FR Capital LLP may amend the Terms at any time by posting a revised version of the Terms on our Services. Access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

 

 

2.0 Definitions

 

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

 

The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, and all other operating rules, policies, and procedures that may be published on the Site by the Company, which are incorporated by reference. These Terms of Use apply to every user of the Service. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

 

The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use by posting the updated terms on the Site. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

 

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

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use or law. You are responsible for all of your activity in connection with the Service. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that:

 

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.

 

 

7.0 Registration

You may view Content on the Site without registering, but as a condition of using certain aspects of the Service, you may be required to register with the Company and select a screen name ("User ID") and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorisation; or (iii) is offensive, vulgar, or obscene. 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 express permission. You will immediately notify the Company in writing of any unauthorised use of your account, or other known account-related security breach.

 

 

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.

 

 

 

 

9.0 Projects:

 

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:

 

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:

  1. Alcohol

  2. 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;

  1. Projects that involve repayment/loans, investments, equity, shares, or anything relating to a criminal investigation.

  2. Items not directly produced by the project or its creator (no offering things from the garage, repackaged existing products etc)

  3. Multilevel marketing and pyramid programs

  4. Offensive material (hate speech, inappropriate content, etc)

  5. Projects endorsing or opposing a political candidate

  6. Pornographic material

  7. Raffles, gambling, lotteries, and sweepstakes

  8. Promoting or glorifying acts of violence

  9. Get rich quick scheme -anything involving "prizes" or promises of guaranteed results

  10. Money service businesses-Offshore banking, check cashing services

  11. Religious related

 

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

 

The Services may contain links to third-party websites, advertisers, or services that are not owned or controlled by FR Capital LLP. 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. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource. We encourage Users to be aware of when they leave the Services, and to read the terms and conditions and privacy policy of any third-party website or service that they visit.

 

 

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.

    You will pay all royalties and other amounts owed to any person or entity based on your Submitting User Submissions to the Service or the Company’s publishing or hosting of the User Submissions as contemplated by these Terms of Use.

    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 that accept PayPal and Backers that use PayPal in connection with a Project acknowledge and agree to comply with PayPal’s Crowdfunding and Acceptable Use Policies. Please read PayPal's privacy policy to learn your privacy rights regarding PayPal's collection, use, storage, sharing and protection of your personal information. As a condition to Indiegogo enabling credit card payment processing services through PayPal, you agree to provide FR Capital LLP accurate and complete information about you and your business, and you authorize FR Capital LLP to share any such information with PayPal, as well as transaction information related to your use of the payment processing services provided by PayPal. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.

 

 

18.0 Termination

 

The Company may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid to the Company are non-refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

 

19.0 Disclaimers

 

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.

 

 

21.0 Indemnity

 

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