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Terms and Conditions

Welcome to DahDerma’s online donation portal. Thank you for visiting DahDerma (“this Site, Platform, we, our, us”). By accessing and using any part of this Site, you acknowledge that you have read, understand, and agree, without limitation or qualification, to be legally bound by these Terms of Use, including Privacy Policy and other Terms and Conditions contained herein (“Terms and Conditions”). After any changes have been posted, your use of this Site will constitute your agreement to the modified Terms and Conditions and all of the changes. Your privacy is very important to us. We incorporate standard data security processing mechanisms and technology such as firewall and SSL to ensure your online transaction is safe and secured.

If you disagree to be bound by these Terms and Conditions, you shall refrain from using this Site.

General Terms of use of the site DahDerma

Rights of access

  1. This Site is an official DahDerma website, and it is owned and operated by Digital Penang Sdn Bhd.

  2. DahDerma reserves all rights to deny or restrict access to this Site to any particular person or block access from an individual Internet address to this Site, at any time, without ascribing any reasons whatsoever.

Use of contents

  1. All contents such as texts, images, animations, interfaces, code, statistical data, reports, charts, graphs, information and documentation etc. (the “Contents”) are legally owned by, under the control of, or used under specific authorization by, DahDerma. The Contents are protected by copyright, trademark and other intellectual property rights. All rights, titles and interests in the Contents are owned by, licensed to or controlled by DahDerma.
  2. The Contents of this Site shall not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way without the prior permission of DahDerma. To use any parts of the Contents of this Website, the user must seek permission in writing from DahDerma. DahDerma reserves the right to refuse permission without declaring reason(s); and/or if information submitted by the user is deemed insufficient.

  3. You acknowledge and agree that this Site’s copyright and other intellectual property rights and all information and materials (“Site’s Content”) are owned by DahDerma, its affiliates, suppliers, or licensors unless otherwise expressly indicated. The Site’s Content is protected by Malaysian and international copyright and trademark laws. You agree that you will not do any of the following without DahDerma’s prior written permission: –
    a. use our trademarks or logo bearing the name of DahDerma or its affiliates.
    b. reproduce, copy, modify, merge, adapt, translate, republish, frame, upload to a third party, post, transmit, broadcast, communicate to the public, or otherwise make the Platform Content available to the public.
    c. transmit or display the Platform Content on any computer, system, or network which permits electronic access by more than one user at a time.
    d. use, sell, assign, rent, sub-license, or otherwise deal with the Platform Content except as permitted by these Terms of Use.
    e. reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Platform Content or use any part of the same to provide or incorporate into any product or service provided to a third party: or
    f. any other act or omission which infringes DahDerma’s rights.
    If you are interested in a part of the Platform Content solely for your own personal and non-commercial use, you may save a single copy, print one, or download one.

  4. Modifying any of the Contents or use of the Contents for any other purpose will violate DahDerma’s copyright and other intellectual property rights. This site’s graphics and images are protected by copyright and may not be reproduced or appropriated without DahDerma’s written permission.

  5. Any request to reproduce the Contents from this Site for publication or commercial use should be addressed to: Digital Penang Sdn Bhd, 15B &16B, Bangunan Wisma Yeap Chor Ee, Pengkalan Weld, 10300 George Town, Pulau Pinang.

Links from / to this site

  1. By linking to or framing this Site or any of its contents, you indicate acceptance of the Terms of Use. This is deemed the case even after posting any changes or modifications to the Terms of Use. If you do not accept the Terms of Use, you must immediately discontinue linking to or framing this Site or any of its contents.

  2. DahDerma reserves the right to disable any links to or frames of any website containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights

  3. DahDerma reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other website reached by links to or from this Website or any of the Contents.

Cookies

  1. Cookies may be used on this Site to gather data about this Site, and you consent to this. You may be able to disable cookies on your web browser at your options.

Click to accept

Please note that whenever you are given the options of Yes or No on this Site, by clicking Yes, you signify your assent and acceptance of the options or terms thereby specified; hence you are legally bound by your options.

Disclaimer

  1. The Contents available through this Site will be uninterrupted or error-free. Defects will be corrected, or that it is and will be free of all viruses and/or other harmful elements.

  2. If you are dissatisfied with any content on the Platform or with these Terms of Use, your sole and exclusive remedy is to discontinue using this Site. You acknowledge, by your use of this Site, your use is at your sole risk.

  3. Under no circumstance will DahDerma liable you for any indirect, incidental, consequential, or punitive damages, regardless of whether such damages are based on tort, contract or any other legal theory, even if DahDerma has been advised of the possibility of such damages. You acknowledge that your use of this Site is at your own discretion and entirely at your own risk. It shall be your responsibility to ensure that any donations, volunteering, services or information available through this Site meet your specific, personal requirements. You agree to make your own enquiries to verify the information provided and assess the suitability of options before you choose.

Liability and indemnity

  1. Except as expressly outlined in this Terms of Use or relevant policy, Digital Penang shall not be liable in any event to any user for the failure of any service or any damage (including but not limited to special, consequential, or exemplary damages) or loss of any kind in connection with the use of this DahDerma’s website and platform, including but not limited to any damage or loss suffered in connection with access to, use of, denial of access or restricted access to, modification, suspension and/or discontinuation of this Site.

  2. DahDerma excludes, to the maximum extent permitted by law, any liability that may arise due to the use of this Site or the content contained within it. Where liability cannot be excluded, any liability incurred by DahDerma in relation to the use of this Site or the content is limited as provided under the Malaysia law and regulations. To the maximum extent permitted by law, the aggregate liability of DahDerma under such circumstances for liabilities that otherwise would have been limited shall not exceed the donation amount that you made via the Platforms.

  3. The user of this Site agrees to indemnify and hold DahDerma and its affiliates, office bearers, employees, and volunteers harmless from any claim or demand made by any third party due to or arising out of your breach of these Terms of Use or your violation of any law or the rights of any third parties or the use of the Platforms.

  4. Without prejudice to the generality of the foregoing, DahDerma shall not be liable for any defect, default, deficiency or malfunction in any device, computer, internet service provider or telecommunication system or network, viruses or other malicious software or denial of service attacks that may affect the use of this Site.

Severability clause

  1. Suppose at any time any one or more of the Terms of Use hereof, determined by any court or relevant authority to be void, unlawful, unenforceable, illegal or invalid. In that case, such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability. The remaining part of this Terms of Use shall be unaffected and shall continue to be valid and enforceable.

Governing law

  1. These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia. The courts of Malaysia shall have exclusive jurisdiction over these Terms of Use.

Taxes

  1. DahDerma does not provide tax advice, and it is solely your responsibility to assess, collect, report, or remit the correct tax to the appropriate tax authority. Thus, we recommend you consult a tax professional if you have any questions.

Personal data

  1. As defined by Personal Data Protection Act 2010 (hereinafter referred to as ‘the Act’), personal data provided on this Site by the registered user(s) shall be subject to our Privacy Policy.

Acknowledgment

These Terms of Use, including all policies and documents referenced herein, represent the entire understanding between us and any user of the Platforms and the Services and shall supersede any other agreements, statements, or representations unless otherwise stated. Headings used herein are for reference only and shall not affect the meaning of any terms. Any use of any portion of the Platform is deemed to have accepted these Terms of Use.

Contact us

If any user feels that any of DahDerma’s campaign or any content on DahDerma is objectionable, please contact us immediately by clicking the ‘Help’ desk or writing to dahderma@digitalpenang.my

Changes of terms

  1. Any terms, form and nature of services provided by DahDerma, may change from time to time at our sole discretion and without prior notice to you.

  2. DahDerma makes 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.
Terms and Conditions for Donors/Volunteers

Definitions

In this Terms, the following expressions shall have the following meanings, unless specified otherwise:

1. “Volunteer(s)” is user registered on DahDerma’s platform, who voluntarily and freely undertakes and/or register to take part in a program of volunteering services organized by registered organizer of DahDerma’s platform.

2. “Organizer(s)” is user registered on DahDerma’s platform and created a volunteering program. An organizer has access to features and tools on DahDerma’s platform in relation to the creation of volunteering program including but not limited to editing details of their program.

3. “Program(s)” is request, project, volunteering appeal and/or event created by Organizer using DahDerma to appeal and/or recruit for Volunteers for the benefit of the Beneficiary in accordance with Terms herein.

4. “Donor(s)” is any User that contributes money and/or financial benefit to a Campaign directly or through fundraiser’s campaign.

5. “Donation(s)” is any financial and/or monetary transaction/contribution free from any encumbrances that benefits the Campaign, which is received directly from Donor(s) to Fundraiser(s).

6. “Fundraiser(s)” is any User registered on our platform and created a Fundraising Campaign. A fundraiser(s) has access to features and tools on DahDerma’s platform in relation to the creation of fundraising campaign including but not limited to editing details of their campaign.

7. “Campaign(s)” is project and/or event created by a Fundraiser(s) using our platform to support, facilitate, motivate and/or encourage Donations to be made to Campaigns registered on our platform, which is created on a voluntary basis.

8. “User” can be individual, society, non-profit organisation, social enterprise, partnership, charitable institution, Non-Governmental Organisation and/or other entity as well as its authorized and registered under DahDerma’s platform, and has accepted the DahDerma’s Terms and Conditions herein.

Rights of access

DahDerma may, at its sole discretion, limit your activity, temporarily or indefinitely suspend, or terminate your membership of such platform and refuse to provide the access or usage of the Site to you if:

a) you breach any Terms of Use hereof or any terms incorporated by reference,
b) we are unable to verify or authenticate any information provided to us that we deemed is requisite and necessary, or
c) we believe that your actions may cause legal liability to us.

Privacy and personal data protection

  1. DahDerma may collect and use both Personal information and Non-Personally Identifiable Information (Non-PII). All information collected are treated in accordance with our Privacy Policy. By continuing your access at our platform, you accept and consent to our Privacy Policy, which we may update from time to time. 

  2. Your personal information will be accessible to the volunteering program’s organisers or donation campaign’s fundraisers upon successful registration to the program or donation.

Changes to Terms and Conditions

  1. At our sole discretion, we shall modify, add or remove any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when notice of such modifications is posted. Use and/or continued use of DahDerma’s platform and/or volunteering in DahDerma activities constitutes agreement by the user to be bound by such changed terms and conditions. If you do not agree to these Terms and Conditions, please refrain from using DahDerma’s Site or engaging in DahDerma’s activities.

Non-endorsement

  1. DahDerma endeavors to the best of its abilities to undertake information checks and due diligence on registered Organizations and Fundraisers to the extent that is required by Malaysian law. However, DahDerma does not endorse, guarantee, make representations, or provide warranties for or about the legality of any Program and/or Campaign, or the truth or accuracy of content posted by the Organizations or Fundraisers.

  2. As a Donor and/or Volunteer, you are solely responsible for conducting your own background checks on any Program(s) or Campaign(s) before making Donation and/or signing up to volunteer.

Non-assignment

  1. The Applicant has no right to assign or transfer any rights hereunder and shall remain fully liable for all its obligations and due performance.

  2. The Applicant will be solely responsible for any and all use of the DahDerma account under Applicant’s user name and/or password and not sell, transfer or allow any other party to use the account. Without prejudice to the generality of the foregoing, Applicant will notify DahDerma immediately if any unauthorized use of password and/or account is suspected.

Self-disclosure of volunteer information

The Volunteer agrees to

  • Provide true, accurate, current and complete user information on our platform at all times.
  • Promptly maintain and update on any changes to user account information on our platform.
  • Disclose about all conditions, including but not limited to medical condition and physical conditions that are relevant to the programs’ participation, to the Organizer(s).

Eligibility

  1. As the law does not allow one to enter into a legally binding contract if one is under the age of 18. Hence, for all volunteers below age of 18, you are not eligible to use our platform or register for any program(s), provided that your parent and/or legal guardian agrees to be responsible for your use of DahDerma’s services and agrees to be bound by any of DahDerma’s and Organizer(s)’ terms.

Availability of Volunteer

  1. All Volunteers must be able to commit to the time schedules provided on the website before registering online. Trainings (if applicable) and briefings are mandatory for all Volunteers, and attendance will be taken unless organizers accept valid reasons. Important useful information will be disseminated at these meetings.

  2. Volunteers who wish to withdraw from the event must inform the Organizer(s) of their intention by ‘phone or email’ at least within Seven (7) days prior to the date of the event or at the earliest time possible.

Indemnity

  1. The Volunteer(s) agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), in connection with or arising out of information you submit, post, transmit or make available through our platform, from your breach of any of these Terms, your use of the platform and/or in connection thereof.

Additional terms and information specific to the event

  1. DahDerma is an online platform that connects Volunteer(s) to Program(s) posted or transmitted by Organizer(s). All Program’s content, whether publicly posted or privately transmitted, is the sole responsibility of the organizer(s) who originated such Content. We do not take responsibility for Program’s content. Any use or reliance on any Content or materials posted via our platform or obtained by you through the platform is at your own risk and assessment.

Limitation to use DahDerma

  1. You acknowledge that you can perform online donation if you refuse to register as a member or donor via the Site. Suppose you do not register as a member or donor in any of our platforms, your activity in the platform might be limited to a certain extent or circumstances that we may prescribe from time to time without prior notification.

Self-disclosure of donor information

  1. The Donor(s) agrees to:
  • Provide true, accurate, current and complete user information on our platform at all times.
  • Promptly maintain and update on any changes to user account information on our platform.
  • Undertakes that all Donations are made voluntarily and at Donor(s) sole discretion and risk.
  • Inquire and conduct any background check on relevant campaign to the extent the Donor(s) feel is necessary before making any Donation(s).

Eligibility

  1. As the law does not allow one to enter into a legally binding contract if one is under the age of 18. Hence, for all Donors below age of 18, you are not eligible to use our platform or make donation(s) for any campaign(s), provided that your parent and/or legal guardian agrees to be responsible for your use of DahDerma’s services and agrees to be bound by any of DahDerma’s and Fundraiser(s) terms. 

Indemnity

  1. The Donor(s) agrees to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), in connection with or arising out of information you submit, post, transmit or make available through our platform, from your breach of any of these Terms, your use of the platform and/or in connection thereof.

Additional terms and information specific to a Campaign

  1. 1. DahDerma makes no guarantee that donations will be used for a specific purpose and is not liable for any abuse or non-use of cash by Fundraiser(s). All subsequent dealings between the donor and the Fundraiser(s) are purely between the donor(s) and the Fundraiser(s). Donors should communicate or inquire about any concerns about the use of donations to the relevant Campaign.

  2. All donations are non-refundable. Upon successful remittance, donations to a fundraising campaign will be directly posted to the relevant Fundraiser(s) regardless of whether the campaign has met, failed to meet or exceeded its fundraising target.

  3. DahDerma is an online platform that connects Fundraisers with donors. DahDerma provides no guarantee on all campaigns meeting the target or objective set forth.
Terms and Conditions for Organiser and Fundraisers

These Terms apply to all Malaysian registered ORGANIZER(S) AND FUNDRAISER(S) which sign up for a DahDerma account.

Account and profile information

  1. Organizer(s) and Fundraiser(s) shall provide relevant information, furnish relevant documentation and fulfil the pre-requisite as follows:
    • Name of Non-Governmental Organisation (“NGO”)
    • Registry of Society/ Sijil Pendaftaran Pertubuhan
    • Letter of Agreement
    • 2 Photos of the company/NGO/workspace
    • Company/NGO logo

Self-disclosure of Organizer(s)’ and Fundraiser(s)’ information

  1. The Organizer(s) and Fundraiser(s) agree to
    • Provide true, accurate, current and complete user information on our platform at all times. 
    • Promptly maintain and update on any changes to user account information on our platform.

Right to use of information

  1. Due diligence check is a process of detailed investigation of the Organizer(s)’ or Fundraiser(s)’ presence and validity. Organizer(s) and Fundraiser(s) acknowledge and agree that DahDerma reserves the right to demand, use, and disclose information pertinent for due diligence check.

Non-assignment

  1. The Organizer(s) and Fundraiser(s) have no right to assign or transfer any rights hereunder and shall remain fully liable for all its obligations and due performance.

  2. The Organizer(s) and Fundraiser(s) will be solely responsible for any and all use of the DahDerma account under their username and/or password and not sell, transfer or allow any other party to use the account. Without prejudice to the generality of the foregoing, Organizer(s) and Fundraiser(s) will notify DahDerma immediately if any unauthorized use of password and/or account is suspected.

Rights of access

  1. At their absolute discretion, DahDerma may approve or reject any application for any program or campaign create on DahDerma’s Site.

  2. DahDerma may, at its sole discretion, limit your activity, temporarily or indefinitely suspend, or terminate your membership of such Platform if : –

    a) You breach any Terms of Use hereof or any terms incorporated by reference;
    b) We are unable to verify or authenticate any information provided to us which we deemed is requisite and necessary, or
    c) We believe that your actions may cause financial loss or legal liability to us.

Non-Endorsement​

  1. Both Organizer(s) and Fundraiser(s) agrees and undertakes that:
    • They shall be solely responsible and liable for all Program(s) or Campaign(s), neither DahDerma, Digital Penang nor the Penang State Government shall endorse or validate any Program or Campaign and/or contents created thereon. Their usage of DahDerma’s platform shall not amount to any acceptance of any liability or responsibility for fulfilment or lack thereof on DahDerma’s part; and
    • To hold harmless and indemnify DahDerma for any loss or damages suffered by DahDerma as a result of Organizer(s) or Fundraiser(s) failure and/or omission to satisfy or fulfill the Program or Campaign.
    • Not to upload, post, reproduce, transmit or distribute in any way any component, logo or branding of DahDerma’s platform or create derivative works with respect thereto, unless for any other purposes aside from which is already contained within DahDerma platform or with DahDerma’s written consent on the right to use.

Privacy and personal data protection

1. Both Organizer(s) and Fundraiser(s) shall :

    • Keep confidential information relating to access to DahDerma, including but not limited to user personal data, name and password;
    • As defined by Personal Data Protection Act 2010 (hereinafter referred to as ‘the Act’), personal
      data provided on this Site by the registered user(s) shall be subject to our Privacy Policy.
    • Undertakes that any DahDerma’s user personal information will not be disclosed to any third
      parties and that they will not use or sell user’s personal information to third-party unless:
      a) User(s) agreed to share with a third party;
      b) Users make known to public of their personal information voluntarily and willingly;
      c) There is a violation of DahDerma’s Terms and Conditions and any Policy or otherwise required by the law. 

2. Both Organizer(s) and Fundraiser(s) shall :

provided by user(s) for the purpose of registration or any other related information in relation to the Program(s).

Changes to Terms and Conditions

1. These Terms and Conditions may be changed from time to time. All changes will be posted on this Site, and your use of this Site after such changes have been posted will constitute your agreement to the modified Terms and Conditions and all of the changes.

Disclosure of volunteering opportunity information

  1. The Organizer(s) undertakes to give full and frank disclosure pertaining to all information and documentation relating to the Program, as well as be responsible for the truth and updated information about the Program and other information material to the Volunteers.

  2. To ensure safe participation of the Volunteering Program(s), the Organizer(s) shall take into consideration of any information, physical or mental conditions of the Volunteers, in assessing, shortlisting and/or recruiting of Volunteer(s).

Non-endorsement of Volunteers

  1. Without limiting the generality of the foregoing, in no event will DahDerma be liable to any Volunteer(s) of a Program(s) nor actions whether direct, indirect or consequential loss or damages.

  2. DahDerma does not endorse, guarantee, make representations, or provide warranties for or about the legality or eligibility of any Volunteer(s) and/or Organizer(s), or the truth or accuracy of user information. The Organizer(s) is solely responsible for conducting due diligence and background checks before any decision making or shortlisting of Volunteers.

  3. For Volunteer(s) under the age of 18 (“a minor”), the Organizer(s) shall ensure the attainment and/or circulation of parent and/or legal guardian consent form. The parent and/or legal guardian shall consent, agree to be responsible for minor’s participation in volunteer’s program, and agrees to be bound by any of DahDerma’s as well as Organizer(s)’ terms.

Disclosure of fundraising campaign information

* information must be true/current/accurate
* encouraged to update in the comment section

  1. Fundraiser(s) undertakes to give full and frank disclosure pertaining to all information and documentation relating to the Campaign, as well as be responsible for the truth and updated information about the Campaign and other information material to the Donor(s).

  2. Fundraiser(s) shall be responsible for the truth and updated information about Campaign posted, use of the Donations and other information material to the Donors.

  3. Fundraiser(s) shall arrange all appropriate tax exemption receipts accordingly without delay for Donor(s) to obtain tax incentives for donations made, upon communications and/or notification made by Donor(s).

Creation of campaigns

The Fundraiser(s) hereby agrees and undertakes to: –

  1. Be solely responsible for any and all use of DahDerma’s platform;
  2. Use reasonable efforts to promote and publicize the fundraising campaign to ensure its success;
  3. Be entirely responsible for all contents uploaded or posted on DahDerma’s platform;
  4. Comply with all applicable laws and regulations within the jurisdictions of fundraising.

Flow of funds & Payment Processing

  1. All donations upon successful remittance, will be directly posted to the relevant Program’s Fundraiser(s) regardless of whether the campaign has met, failed to meet or exceeded its fundraising target.

  2. All Donations made or paid are processed by Payment Provider(s) as made available by DahDerma from time to time. The current Payment Provider(s) we are using is QR Code or NGOs accoutn number.

  3. All users of our platform are subject to and bound by applicable Payment Providers’ Terms of Service and any other agreements relating to Payment Providers’ Service transaction. DahDerma shall not be responsible or liable in any way for omission, actions or performance of the Payment Provider(s).

Non endorsement of Donors

  1. Without limiting the generality of the foregoing, in no event will DahDerma be liable to any Donor(s) of a Campaign(s) nor actions whether direct, indirect or consequential loss or damages.

  2. DahDerma does not endorse, guarantee, make representations, or provide warranties for or about the legality or eligibility of any Donor(s) and/or Fundraiser(s), or the truth or accuracy of user information. The Fundraiser(s) is solely responsible for conducting due diligence checks on all donations or transaction made.

  3. For Donor(s) under the age of 18 (“a minor”), the Fundraiser(s) shall ensure the parent and/or legal guardian of the donor(s) consent, agree to be responsible for minor’s participation in volunteer’s program, and agrees to be bound by any of DahDerma’s as well as Fundraiser(s)’ terms.

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