Term Of Use

Term of Use

CONTRIBUTION DISCLAIMER

Please be informed and understand this Website is not for public fundraising purpose. This is a platform for fund-collection from people who are a member or sign-ups of Diamond Seed Charity Berhad (“DSCB”), and understand entirely its purpose and wish to contribute through DSCB to your desire organization(s).

In order to access and use certain functionalities and features of the Website, you will be required to create and log in to a User Account which will be protected by a secured password chosen by you.

By proceeding, you are agreeing to and you are deemed to have agreed to be bound by the Terms stated below.

Terms of Use

This website, diamondseedcharityberhad.com, is provided by the Diamond Seed Charity Berhad Limited (S) (registration number 1427506-V) (hereinafter referred to as “DSCB”, “we”, “our” and “us”). DSCB is incorporated in Malaysia as a Public Company Limited By Guarantee, Diamond Seed Charity Berhad Limited (S) raises funds and supports philanthropic projects globally. The term “you” refers to the user or viewer of the Website (defined below). The term “cases” refer to DSCB’s recipients/beneficiaries.

These terms and conditions (the “Terms”) are divided into two (2) sections.
Part I – General Terms (the “General Terms”) governs your access and use of the Website (defined below).
Part II – Contribution Terms (the “Contribution Terms”) sets out additional terms and conditions that apply specifically to any and all contribution made by you to DSCB through the Website (these are in addition to the Part I General Terms that apply to the use of the Website to make contribution to DSCB). Please read these Terms carefully.

By:
(i) accessing and/or using the Website; and/or
(ii) making any contribution to DSCB through the Website,

you are agreeing to and you are deemed to have agreed to, be bound by these Terms. If you do not wish to be bound by these Terms, you should not continue to use or access the Website and/or make any contribution to DSCB through the Website. This is a contract between (a) you (either an individual or the entity you represent); and (b) DSCB, that governs your access and use of the Website, and/or contribution made by you to DSCB through the Website.

If you have any questions about these Terms, or if you wish to send us any notices in relation to these Terms, you may contact us at: hello@diamondseedcharity.com

Part I – General Terms

1. DEFINITIONS AND INTERPRETATION

1.1. In these Terms, unless the context requires otherwise:

(a) “Applicable Laws” means any statutes, laws, rules, regulations, codes and ordinances, any judicial or administrative court rulings or judgments, of any country, that are applicable to you and/or DSCB.

(b) “Content” or “Contents” means any data and/or information that is available, accessible or stored in the Website in an electronic form, including, without limitation, any information, advertisements, documents, text, files, images, sounds, moving images and videos.

(c) “Guidelines” means any and all additional terms, guidelines, policies and/or rules prescribed or issued by DSCB with respect to the access and use of the Website and/or any contribution made by you to DSCB through the Website, whether existing now or issued by DSCB at a future date, and which forms part of these Terms between DSCB and you and that may be posted by DSCB on the Website, including any revised or amended version of the same as issued by DSCB from time to time and that may be posted on the Website. Such revised or amended version of the same shall apply to you and you are deemed to have accepted the same, from the time it is published on the Website.

(d) “Intellectual Property Rights” means any and all rights existing from time to time (both current and future) under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, or capable of protection in any relevant country in the world.

(e) “Parties” means you and collectively and “Party” means either one of them.

(f) “User Account” means an account that is created by a user of the Website, and which is protected by a secure password chosen by the user, in order to access and use the certain functionalities or features of the Website.

(g) “Website” means the website with the url “www.diamondseedcharityberhad.com” and includes any functionality or feature provided therein.

1.2. Unless the contrary intention appears:

(a) The word “person” includes an individual, a firm, a body corporate, a partnership, joint venture, an unincorporated body or association, or any government agency, and includes a reference to the person’s executors, administrators, successors, substitutes (including, without limitation, persons taking by novation) and assigns;

(b) No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of these Terms or any part of it; and

2. AGREEMENT

2.1. These Terms represent an agreement entered into between you and DSCB concerning:

(a) your access and/or use of the Website; and/or

(b) any contributions made by you to DSCB through the Website, as the case may be.

By your proceeding with (i) and/or (ii) above, you are declaring that you have read, understood and agree to accept and be bound by and comply with these Terms.

2.2. These Terms may be amended or supplemented from time to time by DSCB at its sole discretion, by posting revisions or a revised/amended set of the Terms (or the General Terms or Contribution Terms) on the Website. Your continued access or use of the Website, and/or contribution to DSCB through the Website, following the posting of any changes or modifications will constitute your acceptance of such changes, modifications, supplements or of such modified Terms.

2.3. You agree to be bound by and to fully observe and comply with these Terms including any Guidelines that may be issued by DSCB from time to time, with regard to your access and/or use of the Website, and/or your contribution to DSCB through the Website.

3. USER ACCOUNT

3.1. In order to access and use certain functionalities and features of the Website, you will be required to create and log in to a User Account which will be protected by a secured password chosen by you. In order to create a User Account, you must provide the necessary information required, including but not limited to your name, email address and mobile phone number, which you warrant to be true, accurate and current. If we discover that the User Account information you have provided us is/are not true or current, DSCB is entitled to immediately suspend or terminate your access to or use of your User Account and the various functionalities and features of the Website which are accessible only to users with valid User Accounts.

3.2. You acknowledge and agree that you are responsible for maintaining the confidentiality, safekeeping and security of your User Account details, including any passwords that may be used to access to your User Account. You must promptly notify DSCB at hello@diamondseedcharity.com if you know or suspect that your password or User Account has been compromised. Please note that in accessing and using your User Account through the Website, you must ensure that you continue to comply with the Terms and other Guidelines which may be issued by DSCB from time to time.

3.3. Without prejudice to the foregoing, you shall be solely liable and responsible for any activity conducted through your User Account or using your User Account information, unless you have notified DSCB in writing of the closure, compromise or misuse of your User Account and DSCB has received such notification. You acknowledge that DSCB would not have the means to verify the identity of the party using your User Account information or your username and password on the Website and you agree that DSCB will not be responsible, in any way whatsoever, for losses or damages suffered by you or any third party if there is any unauthorized use of your User Account, username or password.

4. USER CONDUCT AND WEBSITE USAGE

4.1. You are entitled to access and use the Website in accordance with these General Terms.

4.2. You must always use the Website and its associated services in a responsible and legal manner.

4.3. DSCB reserves the right to cancel your User Account without notice in the event of :

(a) a breach by you of any of these Terms; or

(b) for any or no reason whatsoever, at DSCB’s absolute discretion.

4.4. You must not:

(a) reproduce or make any copies of the Website and/or any Contents in or on the Website, in whole or in part, including any software therein, except with the prior written consent of DSCB;

(b) use the Website to facilitate or participate in any illegal activity or engage in any activity that DSCB, in its absolute discretion, considers to be inappropriate;

(c) modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or attempt to do the same;

(d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, including but not limited to attempting to bypass the network firewall or any features that:

(i) are designed to verify the identity of a user;

(ii) prevent or restrict the access to or use of any particular functionalities of the Website;

(iii) prevent or restricts the access to, use of, or the copying of any Content that is made available or accessible through the Website.

(e) access or use any part of the Website which you are not authorized to use or devise ways to circumvent security in order to access part of the Website which you are not authorized to access. This includes but is not limited to scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access to such parts of the Website which you are not authorized to access or use;

(f) delete any trade marks, signs, logos, trade names used by DSCB, and/or other proprietary rights notices that is/are displayed on the Website therein;

(g) use the Website for any purpose that is unlawful or prohibited by these Terms or by Applicable Laws;

(h) use the Website in any manner that could damage, disable, overburden, or impair the operation of the Website provided therein, or interfere with any other persons” access to and use of the Website;

(i) use any device, software or routine, including, but not limited to, any viruses, trojan horses, worms, time bombs or cancel bots intended to damage or interfere with the proper working of the Website provided therein and/or to intercept or expropriate any Content, system, data or personal data from the Website; and/or

(j) transmit any Content of any type that: (1) infringes or violates any rights of any party; (2) is false, racist, offensive, defamatory, inaccurate, misleading or fraudulent; and/or (3) violates any Applicable Laws. While we do not actively edit or monitor the Website, we reserve the right to remove or edit any Content posted on the Website at our sole discretion and without notice. If you notice any such Content on the Website, please send us a message at hello@diamondseedcharity.com

4.5. DSCB reserves the right to immediately and indefinitely restrict your access to and use of the Website in any way considered reasonably necessary if it suspects that you are engaging in any of the above behaviors set out above in Clause 4.2 and Clause 4.4.

5. MAKING CONTRIBUTIONS

5.1. You may make contribution to DSCB through the Website. In doing so, these Terms (comprising both the General Terms and the Contribution Terms) represent the agreement entered into between you and DSCB concerning the contribution made by you to DSCB. By making a contribution with DSCB, you are declaring that you have read, understood and agree to accept and be bound by and comply with these Terms and that any contribution you make is compliant with Applicable Laws.

5.2. contribution can be made through the DSCB Platform through the following methods:
(a) Monthly Gift;
(b) One-time gift ;

5.3. You must be 18 years of age or older to make a contribution. If you are not, do not access and use the Website to make a contribution without the consent, permission and/or supervision of your parent and/or guardian.

5.4. We do not store your credit card or debit card details. We utilize Stripe & securepay as our merchant facility. We provide no warranty as to the safety or security of Stripe’s payment and merchant facilities.

5.5. Unless otherwise expressly stated herein, all contribution are strictly non-refundable and you hereby agree to the same.

6. DISCLAIMER OF WARRANTIES AND LIABILITY

6.1. You acknowledge and agree that the Website (including all Contents and cases (whether verified or unverified) therein) are provided on an “as is,” “as available” basis without warranties of any kind, whether expressed or implied, including but not limited to, warranties of title, merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. Without limiting the generality of the foregoing, DSCB expressly disclaims any warranty, condition, guarantee, term or representation as to the reliability, accuracy, completeness, and validity of any Content on the Website, including but not limited to any cases (whether verified or unverified) and/or any information, content or material relating to DSCB, and DSCB does not provide any warranty, condition, term or representation that the functionalities and features available on the Website will be secure, uninterrupted or error-free, or that any defects will be corrected. Any and all such warranties, conditions, terms and representations are specifically excluded.

6.2. DSCB assumes no responsibility for errors or omissions in the Content on the Website, including but not limited to any cases (whether verified or unverified) and/or any information, content or material relating to DSCB, including factual or other inaccuracies or typographical errors. You wholly assume all risks in your access and use of the Website. Hence, DSCB does not warrant, and excludes all liability in respect of:

(a) the accuracy, completeness, fitness for purpose or legality of any information published by DSCB through the Website, or that is communicated to you relating to the Website and/or any cases (whether verified or unverified);

(b) the Website (including any Contents therein) in respect of their quality, usability, fitness for purpose or any other aspect thereof; and

(c) any of the information, data, materials or facilities contained or incorporated in or on the Website, and/or the accuracy of the same.

6.3. DSCB, and any third parties (as the case may be) who make their software available in conjunction with or through the Website disclaim any warranties regarding security, reliability, timeliness, and performance of the Website. You further understand and agree that your access and use of the Website is at your own discretion and risk and that you will be solely responsible for any loss or damages to yourself, to your mobile device system or computer or loss of data that results from your access and use of the Website.

6.4. DSCB does not guarantee, represent or warrant that:

(a) the Website will be free from viruses or error free;

(b) that you will be able to access the Website or that access to the Website will be uninterrupted;

(c) that the Website and any Content contained therein will meet your requirements or be fit for your purposes, whether or not such requirements or purposes have been informed to DSCB or otherwise; and/or

(d) any information provided via the Website is accurate.

6.5. You acknowledge that your access and use of the Website presents the possibility of human and machine errors, inaccuracies, omissions, delays, and losses, including the inadvertent loss of data which may give rise to loss or damage suffered by you, and you agree and undertake that you shall not hold DSCB liable in any way whatsoever for the said loss or damage.

6.6. To the extent permitted by law, you agree that DSCB shall not be liable to you in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any:

(a) loss of your data whatsoever; or

(b) indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with your use of the Website or your contribution through the Website. For the purposes of this clause, indirect or consequential loss or damage includes, without limitation, loss of existing or anticipated revenue or profits, anticipated savings or business, loss of data or goodwill, business interruption, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.

6.7. Where DSCB’s liability is not expressly excluded under these Terms or under any Applicable Laws, DSCB’s liability to you in contract, tort (including negligence) or otherwise howsoever and whatever the cause thereof, arising by reason of or in connection with these Terms and/or the Website (including the Contents therein), shall be limited to the aggregate sum of RM1000{must check with lawyer}.

7. WARRANTIES

7.1. You warrant that all information and Content provided by you to DSCB,

(a) is/are true and correct;

(b) is/are not misleading or deceptive, defamatory or obscene;

(d) can be lawfully published by DSCB.

7.2. You will indemnify and keep DSCB indemnified against all claims, costs, expenses, damages, liability or loss arising in relation to a breach of any of the above warranties.

8. INTELLECTUAL PROPERTY

8.1. You acknowledge that DSCB or third parties (as the case may be) own all rights, title and interest in and to the Website and/or the Content except for the Content that was provided by you to DSCB) and/or Intellectual Property Rights in the Website, including without limitation software relating thereto, and you shall not do or permit any act which is directly or indirectly likely to prejudice the rights, title or interest of the said rightful owner(s) in and to any of the aforesaid. Unless otherwise expressly permitted by mandatory Applicable Laws, you agree not to modify, adapt, translate, prepare derivative works from, or decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Website. Without prejudice to the generality of the foregoing, you shall not use in any way and shall not reproduce any Content except for the Content that was provided by you to DSCB) contained in the Website and/ or trademarks that are associated with DSCB and/or that you have sight of when accessing and using the Website without our prior written approval. Inquiries and permission requests may be submitted to hello@diamondseedcharity.com

8.2. You undertake that you shall not use and you shall not allow the use of, any of the logos and graphics that are associated with DSCB and/or that you have sight of when accessing and using the Website, in any of the following ways:

(a) as part of any corporate or legal business name, which you are connected with, involved in or participating in;

(b) in connection with any of your services or activities;

(c) as part of any domain name, homepage, electronic address, metatag, or otherwise in connection with the Internet or a website, except with the prior written consent of DSCB; and

(d) with any prefix, suffix, or other modifying words, terms, designs, or symbols.

8.3. You agree and undertake that:

(a) all rights, title, interest and any goodwill in any of the trademarks that are associated with DSCB and/or that you have sight of when accessing and using the Website, or any derivatives thereof, belong exclusively and wholly to DSCB and that you shall not under any circumstances gain any right to or interest or goodwill in any of the trademarks that are associated with DSCB and/or that you have sight of when accessing and using the Website or any derivatives thereof independently of DSCB; and

(b) you shall not register domain names associated with or including the any of the trademarks that are associated with DSCB and/or that you have sight of when accessing and using the Website, or any derivatives thereof, or any name that is confusingly similar to any of them including any visual or phonetic equivalent or other derivation thereof (hereinafter referred to as “Domain Names”) and that DSCB shall retain at all times all legal and beneficial rights, title and interest in the Domain Names.

9. COMPLAINTS

9.1. DSCB will handle all complaints received in accordance with our complaints resolution procedure, details which can be obtained by visiting the “Contact Us” section of the Website.

10. INDEMNITY

10.1. You agree to defend, indemnify and hold harmless DSCB, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including solicitors’ fees and costs) including all amounts paid in settlement, arising out of, related to or in connection with your breach of these Terms, your access or use of the Website, your use of your User Account (if applicable) and/or your failure to comply with any Applicable Laws. DSCB may assume the exclusive defense and control of any matter for which you have agreed to indemnify DSCB and you agree to assist and cooperate with DSCB in the defense or settlement of any such matters.

11. ALTERATION OF THE WEBSITE AND TERMINATION OF USER ACCOUNT

11.1. DSCB has the right to and you acknowledge that DSCB can:

(a) withdraw any information, data or content forming a part of the Website; or
(b) immediately suspend, withdraw or terminate:

(i) your User Account (if applicable);

at any time, without liability and without notice to you or any third party, for any or no reason whatsoever. You shall not hold DSCB liable in any way whatsoever for any of the aforesaid. Without limiting the generality of the foregoing, in the event that your access and/or use of your User Account and/or the Website is in breach of these Terms, DSCB has the right to immediately terminate your User Account (if applicable), without notice and take all such action as it considers appropriate, desirable or necessary including but not limited to taking legal action against you.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1. These Terms, and/or the agreement entered into with you for your access or use of the Website, are governed by and shall be construed in accordance with the laws of Malaysia. Any dispute arising out of or in connection with these Terms and/or the said agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Malaysia International Arbitration Centre (“MIAC”) in accordance with the Arbitration Rules of the Malaysia International Arbitration Centre (“MIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Malaysia. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.

12.2. For the purpose of enforcing this Agreement and notwithstanding Clause 12.1, DSCB has absolute discretion to seek equitable relief from a court of competent jurisdiction, as it may choose, without first attempting to resolve a dispute under Clause 12.1 and you hereby submit to the jurisdiction of the court which DSCB may seek relief from under this sub-clause. For the avoidance of doubt, the right under this sub-clause is only extended to DSCB and not to you.

13. LINKS TO THIRD PARTY CONTENT

13.1. Nothing in or on the Website shall be considered an endorsement, representation or warranty of or by DSCB with respect to any third party or any third party’s websites, content, products, services or otherwise. Without limiting the generality of the foregoing, the foregoing applies to any advertising content whether paid or unpaid, as well as links that may be provided in the Website or the contents available and accessible through the Website. Such links (if any) are provided solely as a convenience to you. You use such links to access third party content, websites or applications at your own risk. DSCB makes no representations or guarantees regarding the availability or content (including its truthfulness, accuracy, completeness, timeliness or reliability) of such third-party content, websites or applications in respect of which links have been provided in the Website, nor with regard to broken links. Your relationship and any transactions with other organizations through their websites or otherwise are your own responsibility.

13.2.All Intellectual Property Rights to any and all such third-party content, websites or applications accessible through links contained on the Website belong to their respective owners. DSCB does not claim to have any rights over the same and in no circumstances, shall DSCB be considered to be associated or affiliated in whatever manner with any such Intellectual Property Rights used or appearing on any and all such third-party content, websites or applications accessible through links contained on the Website.

14. LINKS TO THIS WEBSITE

14.1. Except as expressly set forth at clause 14.2, caching and links to (including deep linking), and the framing of the Website and/or any of the web pages therein are prohibited.

14.2. Linking to the home page: You may link to the home page of the Website, provided you notify DSCB in writing before you do so and provided always that DSCB may at any time object to such linking and if DSCB so objects, you must immediately remove such link.

14.3. Under no circumstances shall DSCB be considered to be associated or affiliated in whatever manner with any Intellectual Property Rights used or appearing on websites that link to the Website and/or any of the web pages therein. DSCB reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other website that links to the Website.

15. MISCELLANEOUS

15.1. DSCB accepts no liability for any failure to comply with these Terms where such failure is due to circumstances beyond DSCB’s reasonable control.

15.2. If any provision of these Terms (or parts of any provision) is held to be invalid, unenforceable or illegal for any reason, the remaining provisions of these Terms (or the remaining parts of that provision) shall nevertheless continue in full force. If a competent court or arbitral tribunal holds any part of these Terms to be unenforceable as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms.

15.3. These Terms are the entire agreement between you and DSCB in relation to your access and use of the Website and/or any contribution made by you to DSCB through the Website and shall supersede all previous communications (whether written, oral or otherwise), discussions or letters relating to the same.

15.4. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision.

15.5. The rights to access and use your User Account (if applicable) and/or this Website is personal to you, and you may not transfer or assign to a third party any of your rights and obligations as defined in these Terms. DSCB may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you.

15.6. These Terms are entered into between you and DSCB. For the avoidance of doubt, except as expressly stated in these Terms, a person who is not a party to this Terms shall have no right under the Contracts (Rights of Third Parties) to enforce any of the terms of these Terms.

15.7. You agree that no joint venture, partnership, employment, or agency relationship will exist between you and DSCB as a result of these Terms.

16. CONTACT AND NOTICE

16.1. For questions related to these Terms of Use, please get in touch with us at hello@diamondseedcharity.com

16.2. Any notice that DSCB intends to give to you may be carried out by posting the relevant notice on the Website and/or by sending any such notice to any contact information you may have provided DSCB with. You are deemed to have received notice of the same upon DSCB posting the relevant notice on the Website and/or by sending any such notice to any contact information you may have provided DSCB with.

These Contribution Terms apply separately to each contribution that you make. By confirming on the Website that you wish to make a contribution you agree to be bound by these Contribution Terms for that contribution and for each recurring contribution in the case of recurring contribution.

You acknowledge and agree to the following:

(a) All contributions are non-refundable. However, if you have made an error in your contribution, please notify your card provider immediately. We will consider authorizing a refund in exceptional circumstances, but we reserve the right to apply a fee for the refund before such a refund is processed. Subject to the aforesaid, we will only consider your request for a refund if your request reaches us within 1 hour from your contribution . Please contact us at hello@diamondseedcharity.com for requests for refund.

(b) Your transaction to make a contribution on the Website will be processed through our third-party payment services provider, Stripe or Secure Pay or Direct Bank Transfer. By confirming that you wish to proceed with your contribution you hereby authorize Stripe or Secure Pay to request funds from your credit card or debit card provider.

(c) Any contribution made through the Website using a credit card or debit card are final. If you become aware that your credit card or debit card has been lost, stolen or is being used fraudulently, it is your responsibility to report the issue to your financial institution. We may, at our absolute discretion, refund the contribution where we have investigated and are satisfied that the contribution was unauthorized by you and that you (or anyone authorized by you) have not acted fraudulently or carelessly. We reserve the right to apply a fee to process such a refund.

(d) All contribution are at your own risk. Accordingly, please make sure that when you contribute to a case or beneficiary, you understand how the contribution will be used. DSCB is not responsible for any misuse of the contribution by the beneficiary or his/her family.

(e) We will use reasonable endeavors to channel your contribution to projects of your choice or interest, if so indicated by you.