Terms of Use

In these Terms, unless the context otherwise requires:

• a.

  “Applicable Law” means the laws of Malaysia and all subsidiary legislation, regulations, guidelines and directions issued under them, in each case as amended from time to time;

• b.

  “Applicant” means any individual, institution, organisation or other entity that submits an application or request for charitable assistance, donations, grants, scholarships, funding or other forms of support from the Foundation, whether for itself or on behalf of another person or entity;

• c.

  “Application” means any application, enquiry, proposal or request for Assistance submitted to the Foundation through the Website, including all information, declarations, documents and supporting materials provided in connection with it;

• d.

  “Assistance” means any monetary donation, grant, scholarship, funding, financial assistance or non-financial support provided by the Foundation for charitable, educational, medical, welfare or other purposes consistent with the Foundation's objects;

• e.

  “Beneficiary” means any individual, institution, organisation or other person who receives or is intended to receive Assistance from the Foundation;

• f.

  “Content” means all text, graphics, images, photographs, audio, video, data, software, source and object code, layouts, designs, compilations and other materials made available on or through the Website;

• g.

  “Party” means the Foundation or you, as the context requires, and “Parties” means the Foundation and you collectively;

• h.

  “User Content” means any information, document, image, file, declaration, statement, communication or other material that you submit, upload, transmit or otherwise make available on or through the Website, including any Application and its supporting documents; and

• i.

  “you” or “User” means any person who accesses or uses the Website, whether as an Applicant, Beneficiary, parent, legal guardian, authorised representative, registered user or otherwise.

Headings are inserted for convenience only and do not affect the interpretation of these Terms.

Words importing the singular include the plural and vice versa, and words importing any gender include every gender.

The words “including”, “include” and “in particular” are to be construed as illustrative and do not limit the generality of the preceding words.

A reference to a statute or statutory provision includes any subsidiary legislation made under it and any re-enactment or amendment of it.

Where there is any conflict between these Terms and any separate terms, conditions, rules, declarations or written agreement applicable to a particular Application, programme, grant, scholarship or Assistance, such specific terms, conditions, rules, declarations or written agreement shall prevail to the extent of the inconsistency in respect of that Application, programme or Assistance.

Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to all Users of the Website.

Where you accept these Terms or submit an Application on behalf of an institution, organisation or other legal entity, you represent and warrant that you have the necessary authority to act on behalf of and bind that entity, and references to “you” shall, where the context permits, include that entity.

Where you access or use the Website, submit an Application, or otherwise make use of any facility provided through the Website, you agree to comply with these Terms and any applicable instructions, guidelines, declarations or requirements issued by the Foundation.

Where the Website requires you to indicate acceptance of these Terms electronically, including by selecting a checkbox or clicking an acknowledgement or submission button, such action shall constitute your express acceptance of these Terms.

Your acceptance of these Terms does not, by itself, create any entitlement to Assistance or impose any obligation on the Foundation to approve an Application or to provide Assistance.

You must be at least eighteen (18) years of age to use the Website, submit an Application or request for Assistance through the Website.

If you submit an Application, request or any personal data on behalf of a child below the age of eighteen (18) years, you must be that child's parent, legal guardian, a person who has parental responsibility for the child, or a person who is otherwise lawfully authorised to act on behalf of the child. You must have the necessary authority to make such submission and provide the child's personal data to the Foundation.

Applications or requests for Assistance involving children below the age of eighteen (18) years must be submitted by their parent, legal guardian or other adult lawfully authorised to act on their behalf. Children below the age of eighteen (18) years are not permitted to submit Applications or requests for Assistance independently through the Website.

Where you submit an Application on behalf of another adult individual, institution, organisation or Beneficiary, you represent and warrant that you have obtained all necessary consents, approvals and authorisations to act on their behalf and to submit the relevant information and documents.

You represent and warrant that:

• a.

  you have the legal capacity and authority to access and use the Website and, where applicable, to submit an Application;

• b.

  all information, declarations and supporting documents provided by you are true, accurate, complete, current and not misleading;

• c.

  you have not knowingly omitted or concealed any material information relevant to your Application; and

• d.

  your use of the Website and submission of any Application comply with Applicable Law.

The Website is intended primarily for access and use within Malaysia. We make no representation that the Website or any Content or facility made available through it is appropriate, available or lawful in any other jurisdiction. If you access the Website from outside Malaysia, you do so on your own initiative and are responsible for compliance with all applicable local laws.

We reserve the right to amend, vary, supplement or replace these Terms from time to time, at our sole discretion. Any amendment shall take effect from the date the revised Terms are published on the Website unless otherwise stated.

Where an amendment is material, we will use reasonable efforts to notify you by posting a prominent notice on the Website or by such other means as we consider appropriate.

It is your responsibility to review these Terms periodically. Your continued use of the Website after the effective date of any amendment constitutes your acceptance of the amended Terms.

We may, at any time, and without notice or liability modify, suspend, withdraw or discontinue the Website or any part of it, whether permanently or temporarily.

The Website is made available free of charge. We do not guarantee that the Website, any Content or any facility provided through it will always be available, uninterrupted, secure or error-free.

We may suspend, withdraw or restrict the availability of all or any part of the Website for operational, technical, security, maintenance or other legitimate reasons. We will endeavour to give reasonable notice of any planned suspension where practicable.

You are responsible for making all arrangements necessary for your access to the Website, including procuring the necessary equipment, internet connectivity, software and data services, and for all costs associated with such access.

You are responsible for ensuring that all persons who access the Website through your internet connection or device are aware of these Terms and comply with them.

Where the Website requires the creation of a user account or the use of login credentials, you must ensure that all registration details provided are accurate and kept up to date. You are responsible for maintaining the confidentiality of your account credentials and for notifying us promptly of any suspected unauthorised access to or use of your account.

We shall not be responsible for any failure or delay in the submission, receipt or processing of an Application arising from interruptions, technical defects, network failures, system errors or unavailability of the Website, except to the extent that liability cannot lawfully be excluded.

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website in any manner that breaches any Applicable Law.

Without limiting Clause 6.1, you must not:

• a.

  use the Website in any way that is fraudulent, unlawful, defamatory, seditious, obscene, indecent, menacing, harassing or otherwise offensive, or that would constitute an offence under Applicable Law;

• b.

  submit any false, forged, fabricated, altered, misleading or fraudulent information, declaration, document or supporting material;

• c.

  impersonate any person or entity, misrepresent your identity or your affiliation with any person or entity, circumstances, eligibility or authority, or submit an Application on behalf of another person without the necessary authorisation;

• d.

  transmit, or procure the sending of, any unsolicited or unauthorised advertising, promotional material, “junk mail”, “spam” or chain letters;

• e.

  introduce or transmit any virus, trojan, worm, logic bomb, keystroke logger, spyware, ransomware, adware or other malicious code or material designed to adversely affect the operation of any software or hardware;

• f.

  gain or attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;

• g.

  attack the Website by way of a denial-of-service attack or a distributed denial-of-service attack;

• h.

  use any robot, spider, scraper, data-mining tool, crawler or other automated means to access, monitor, copy or extract any part of the Website or its Content, or to train any machine-learning or artificial intelligence model, without our prior written consent;

• i.

  reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of any software forming part of the Website;

• j.

  circumvent, disable or otherwise interfere with any security-related feature of the Website or any feature that restricts or enforces limitations on use of the Website or its Content;

• k.

  collect, harvest or store any personal data of other Users;

• l.

  reproduce, duplicate, copy, resell, sublicense or otherwise commercially exploit any part of the Website or its Content in contravention of these Terms; or

• m.

  use the Website in any manner that could damage, disable, overburden or impair the Website or interfere with any other party’s use of the Website.

Any breach of this Clause 6 may constitute a criminal offence. We reserve the right to report any such breach to the relevant law enforcement authorities and to disclose your identity and any information in our possession to them.

We may, at our sole discretion and without prior notice, issue a warning, suspend or terminate your access, remove or restrict access to User Content, reject or suspend the processing of any Application, and take such other action as we consider appropriate in respect of any breach of this Clause 6, subject to Applicable Law.

You retain ownership of all intellectual property rights subsisting in your User Content, subject to the rights of third parties.

By submitting User Content through the Website, you grant to the Foundation a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable and sub-licensable licence to reproduce, store, adapt, modify, publish, translate, distribute, communicate to the public and display such User Content in whole or in part, in any media and for the operation of the Website, the assessment, verification, administration and monitoring of Applications and Assistance, the maintenance of records, and other purposes described in our Privacy Notice.

You represent and warrant that:

• a.

  you own or have all necessary rights, licences, authorisations and consents in respect of the User Content submitted by you;

• b.

  your User Content does not infringe the intellectual property, privacy, publicity or other rights of any third party;

• c.

  your User Content is true, accurate, complete and not misleading; and

• d.

  the User Content complies with these Terms and all Applicable Law.

We do not pre-screen or moderate User Content and do not endorse, verify or accept any responsibility for it. Any views expressed by other Users on the Website do not represent our views or values.

We reserve the right (but assume no obligation) to review, verify, request clarification of, edit, refuse, remove or restrict access to any User Content at any time and without notice, where we consider in our sole discretion that it breaches these Terms or Applicable Law, or is otherwise objectionable.

You acknowledge that the Foundation may rely on the information and supporting documents submitted by you when assessing your Application, determining eligibility and administering Assistance. You are responsible for notifying us promptly if any such information is subsequently found to be inaccurate or becomes materially outdated.

You are solely responsible for your User Content and for any loss, liability or damage arising from it. You agree to indemnify us in accordance with Clause 14 in respect of any claim arising from your User Content.

If you believe that any Content on the Website infringes your copyright or other rights, please notify us at the email address provided below with sufficient particulars to enable us to identify and assess the material.

All intellectual property rights subsisting in the Website and the Content, including copyright, trademarks, service marks, trade names, logos, designs, patents, database rights, domain names, know-how and trade secrets, are owned by us or licensed to us. All such rights are reserved.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Website and to view, download and print Content solely for your own personal, non-commercial, informational or legitimate Application-related purposes.

Except as expressly permitted under Clause 8.2 or by Applicable Law, you must not copy, reproduce, republish, upload, post, transmit, distribute, modify, adapt, translate, create derivative works from, publicly display, frame, mirror, sell or otherwise commercially exploit any Content without our prior written consent.

You must not remove, obscure or alter any copyright, trademark or other proprietary notice contained in or on any Content.

The Foundation's name, logo and related names, marks and slogans are owned by or used under licence by the Foundation. You must not use them without our prior written consent. All other trademarks appearing on the Website are the property of their respective owners.

Any use of the Website or the Content otherwise than as expressly permitted by these Terms terminates the licence granted under Clause 8.2 immediately and may constitute an infringement of our intellectual property rights.

If you provide us with any feedback, suggestions or ideas relating to the Website, you assign to us all rights in such feedback and we may use it without restriction, attribution or compensation.

The Website may contain links to third-party websites or resources for information and convenience only. Unless expressly stated otherwise, the inclusion of any such link does not constitute or imply any endorsement, sponsorship, approval, partnership or affiliation by the Foundation.

We have no control over, and accept no responsibility or liability for, the contents, availability, accuracy, security, privacy practices or policies of any third-party website or resource, or for any loss or damage arising from your use of them.

Your dealings with, and participation in any promotion of, any third party found on or through the Website are solely between you and that third party. You should review the applicable terms and privacy policies of any third party before engaging with it.

Where the Website integrates third-party services (including application management, analytics, hosting, mapping, electronic communication services, social media or embedded media services), your use of those services may be subject to separate terms imposed by the relevant provider.

The Website is provided for the purpose of disseminating information concerning the Foundation and its charitable activities, programmes, objectives and initiatives, and facilitating the submission, receipt, processing and administration of Applications and requests for Assistance.

The Website is not intended to offer goods or commercial services for sale to Applicants. No application fee is payable to the Foundation for submitting an Application for Assistance through the Website.

Information published on the Website concerning any charitable programme, grant, scholarship, funding or other Assistance is provided for general information and guidance only and does not constitute an offer, promise, undertaking or guarantee that Assistance will be provided to any Applicant or Beneficiary.

The Foundation may establish, amend, suspend or discontinue any charitable programme or category of Assistance, including its eligibility criteria, application requirements, application periods, funding allocation and terms of participation, subject to Applicable Law and any binding written commitments already made.

The availability of any Assistance is subject to the Foundation's charitable objects, applicable eligibility requirements, availability of funds and resources, and such other conditions as the Foundation may reasonably determine in connection with the relevant programme.

No contractual obligation to provide Assistance arises solely by reason of your access to or use of the Website, your submission of an Application, any acknowledgement of receipt of an Application, or any communication requesting further information or documents.

Any approval or commitment to provide Assistance shall be subject to the terms expressly communicated by the Foundation, including any written approval, award letter, grant agreement, scholarship agreement, undertaking or other applicable document.

The Foundation does not request your online banking passwords, personal identification numbers (PINs), one-time passwords (OTPs) or other confidential banking security credentials through the Website. Any suspicious communication purporting to solicit such information or unauthorised payments on behalf of the Foundation should be reported to us immediately using the contact details in Clause 21.

Where the Website permits the submission of an Application, you must complete the relevant application form and provide all information and supporting documents required by the Foundation. You represent and warrant that all such information and documents are true, accurate, complete and genuine, and you must promptly notify the Foundation of any material change.

The Foundation may request further information or documents and may verify any information submitted in connection with an Application.

The submission of an Application does not create any entitlement to Assistance. The Foundation may approve, reject or defer any Application at its sole discretion and is not obliged to give reasons for its decision.

Any Assistance approved by the Foundation shall be subject to such separate terms and conditions as may be determined by the Foundation and, where applicable, any separate written agreement entered into between you and the Foundation. You must comply with such terms, conditions and agreement and use the Assistance only for its approved purpose.

Where an Application contains false or misleading information, or any Assistance is obtained by fraud or misused, the Foundation may reject the Application, withdraw, suspend or discontinue the Assistance, require repayment of any Assistance improperly obtained or used, and/or refer the matter to the relevant authorities, without prejudice to its rights under any such separate terms and conditions or agreement.

The Website and the Content are provided on an “as is” and “as available” basis, without any representation, warranty, condition or guarantee of any kind, whether express, implied or statutory.

To the fullest extent permitted by Applicable Law, we exclude all representations, warranties, conditions and guarantees not expressly stated in these Terms.

Without limiting the foregoing, we do not represent or warrant that:

• a.

  the Website or its Content will meet your requirements or expectations;

• b.

  access to the Website will be uninterrupted, timely, secure or free from error, delay, omission, defect or interruption;

• c.

  the Website, the Content or any server used by us is free from viruses, malicious code or other harmful components;

• d.

  the Content is accurate, complete, reliable, current or free from typographical or technical errors;

• e.

  any defect or error in the Website will be corrected; or

• f.

  any Application submitted through the Website will be approved or that any particular form or amount of Assistance will be provided.

The Content is provided for general information purposes only. It does not constitute legal, financial, taxation, medical, investment, technical or other professional advice, and must not be relied upon as such. You should obtain independent professional advice appropriate to your circumstances before acting or refraining from acting on the basis of any Content.

Any reliance you place on the Content is strictly at your own risk. We disclaim all liability arising from any reliance placed on the Content by you or any person who may be informed of any of its contents.

The Foundation provides Assistance only and does not, through the Website, provide, arrange, supervise or undertake responsibility for any educational, medical, healthcare, welfare or other professional services for which such Assistance may be utilised.

Any testimonials, case studies, success stories, statistics or descriptions of previous Assistance published on the Website are provided for information only and do not constitute a representation or guarantee that similar Assistance or outcomes will be available to any Applicant or Beneficiary.

You are responsible for configuring your information technology, computer programmes and platform to access the Website, and for using your own virus protection software.

To the fullest extent permitted by Applicable Law, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise, for:

• a.

  any loss of profits, revenue, business, contracts, anticipated savings, goodwill or reputation;

• b.

  any loss or corruption of data, systems, software or programmes;

• c.

  any business interruption, loss of opportunity or wasted management or staff time;

• d.

  any indirect, special, incidental, consequential or punitive loss or damage; or

• e.

  any loss or damage arising from your use of, or inability to use the Website, any Content, any interruption or unavailability of the Website, or your reliance on any Content, in each case whether or not such loss or damage was foreseeable and whether or not we had been advised of the possibility of it arising.

We shall not be liable for any loss or damage caused by a distributed denial-of-service attack, virus, malware or other technologically harmful material that may infect your computer equipment, programmes, data or other proprietary material due to your use of the Website or your downloading of any Content.

We accept no liability for the acts or omissions of any third party, including any third-party website, hosting provider, telecommunications provider or internet service provider.

You agree that the limitations and exclusions in this Clause 13 are reasonable having regard to the nature of the Website and the basis on which it is made available to you, and that they reflect a fair allocation of risk between the Parties.

You agree to indemnify, defend and hold harmless the Foundation, its related corporations, and their respective directors, officers, employees, agents, contractors and licensors, from and against all claims, demands, actions, proceedings, losses, liabilities, damages, costs and expenses (including legal costs on a solicitor and client basis) arising out of or in connection with:

• a.

  your access to or use of the Website or the Content;

• b.

  your breach of these Terms or of any Applicable Law;

• c.

  your User Content, including any claim that it infringes the intellectual property, privacy, confidentiality or other rights of a third party;

• d.

  your unauthorised submission or disclosure of personal data relating to another individual;

• e.

  your fraudulent, unlawful or wilful misconduct in connection with the Website, any Application or Assistance received;

• f.

  any information or material you transmit to us through the Website;

• g.

  any false, fraudulent, forged or materially misleading information or supporting document submitted by you;

• h.

  any material misrepresentation or unlawful omission made by you in connection with an Application; and

• i.

  any negligent, fraudulent or wilful act or omission on your part.

This indemnity shall continue to apply notwithstanding your cessation of use of the Website.

We may, at any time and without prior notice or liability to you, suspend, restrict or terminate your access to the Website or any part of it where:

• a.

  you breach these Terms or Applicable Law;

• b.

  you submit or attempt to submit false, fraudulent, forged or materially misleading information or documents;

• c.

  we reasonably suspect any unauthorised, fraudulent or unlawful activity involving your account, Application or use of the Website;

• d.

  we have reasonable grounds to suspect that any Assistance approved or provided by the Foundation has been fraudulently obtained, misappropriated, diverted, misused or applied for purposes other than those for which such Assistance was approved or provided;

• e.

  such action is reasonably necessary to protect the security, integrity or proper operation of the Website;

• f.

  we are required to do so by Applicable Law or by direction of any regulatory or law enforcement authority; or

• g.

  we cease to operate the Website or the relevant facility.

Any suspension, restriction or termination of access to the Website shall not affect any accrued rights, obligations or remedies available to us.

We shall not be in breach of these Terms, nor liable for any delay or failure to perform an obligation under these Terms, where such delay or failure results from a cause beyond our reasonable control, including acts of God, flood, fire, earthquake, pandemic or epidemic, government order, movement control order, war, terrorism, civil commotion, riot, strike, labour dispute, failure of telecommunications or internet services, power failure, cyber-attack or the act or omission of any third-party supplier.

You consent to receive communications from us electronically, whether by electronic mail, notification on the Website or other electronic means using the contact information provided by you, in connection with your use of the Website, any Application, enquiry or Assistance.

Notices to us must be sent to the email address provided below and are deemed received only upon our written acknowledgement.

Notices or communications to you may be sent to the email address, telephone number or other contact details provided by you, or communicated through the Website where appropriate.

It is your responsibility to keep your contact details current. We are not responsible for any failure of delivery arising from your provision of inaccurate or outdated contact details.

Any electronic acknowledgement, notification or confirmation generated by the Website in relation to an Application shall not constitute an approval or commitment to provide Assistance unless expressly stated otherwise by the Foundation.

If you have any complaint or dispute concerning the Website, the Content, the submission or administration of an Application, or any matter arising under these Terms please contact us in the first instance at the email address provided below, setting out the particulars of your complaint.

We will endeavour to acknowledge your complaint and to resolve it within a reasonable time.

Where your complaint concerns the collection, use, disclosure, storage or other processing of personal data, it shall be handled in accordance with our Privacy Notice and Applicable Law.

Nothing in this Clause 18 creates an obligation on the Foundation to approve an Application, provide Assistance or reverse any decision made in accordance with Applicable Law and the applicable programme requirements.

These Terms are governed by and construed in accordance with the laws of Malaysia.

The Parties shall first attempt in good faith to resolve any dispute arising out of or in connection with these Terms by negotiation between authorised representatives within thirty (30) days of written notice of the dispute.

Subject to Clause 19.2, you irrevocably submit to the exclusive jurisdiction of the courts of Malaysia in respect of any dispute or claim arising out of or in connection with these Terms, the Website or its Content.

Entire agreement. These Terms, together with any additional terms expressly incorporated by reference, constitute the entire agreement between you and the Foundation in relation to access to and use of the Website and supersede all prior communications, representations and understandings relating to such use, whether written or oral. The collection and processing of personal data shall also be governed by our Privacy Notice and Applicable Law. Any separate written agreement for Assistance shall be governed by its own terms.

Severability. If any provision of these Terms is held by any court or competent authority to be invalid, illegal or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

Waiver. No failure or delay by us in exercising any right or remedy under these Terms constitutes a waiver of that right or remedy, and no single or partial exercise precludes any further exercise of it or of any other right or remedy.

Assignment. You may not assign, novate, charge or otherwise transfer any of your rights or obligations under these Terms without our prior written consent. We may assign, novate or transfer our rights and obligations under these Terms where permitted under Applicable Law.

No partnership or agency. Nothing in these Terms creates any partnership, joint venture, agency, franchise or employment relationship between you and us.

Third party rights. A person who is not a Party to these Terms has no right to enforce any of its provisions.

Language. These Terms are prepared in the English language. Where a translation into Bahasa Malaysia or any other language is provided, the English version shall prevail in the event of any inconsistency.

Remedies cumulative. The rights and remedies provided under these Terms are cumulative and not exclusive of any rights or remedies provided by law.

Records. Our records (including electronic records) of any transaction or communication shall, save in the case of manifest error, be conclusive evidence of such transaction or communication.

Survival. Any provision of these Terms which expressly or by its nature is intended to survive, including those relating to the licence of User Content, intellectual property rights, disclaimers, limitation of liability, indemnity, repayment of Assistance, and governing law and dispute resolution, shall survive and continue in full force and effect notwithstanding any suspension, restriction or termination of your access to the Website, or your cessation of use of the Website, for any reason.