Last Updated/Effective Date: April 28, 2021
1. Information About Us & Acceptance of Terms
- SG Global Support Services Sdn Bhd is a private limited company incorporated in Malaysia and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and/or licensors (“SG Support” or the “Company” or “We/Our/Us”) provide services to Charities including Donor administration, housing and maintenance of the Supporter Database, processing of Donations with the Banks, financial reconciliations and reporting, Donor Care Services and Telemarketing Services (“Services”), subject to the following Terms of Service (“the Terms”) stated herein.
- In view of the above Services, SG Support may represent the Charities to conduct promotional ventures and fundraising appeal on behalf of the Charities via telemarketing calls on behalf of the Charities.
- You acknowledge that your consent to donate to the Charities signifies your acceptance to the Terms herein and you agree to be bound by them.
2. Other applicable terms
3. Change of terms
- In order to remain viable and competitive, the Services that we provide are always evolving. As such, unless specified otherwise the terms, form and nature of the Services that we provide may change from time to time at our sole discretion and without prior notice to you.
- We make 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.
In these Terms, the following expressions shall have the following meanings, unless specified otherwise:
- “Charity(ies)” means any entity including but is not limited to a non-profit body, society, foundation, social enterprise, charitable institution, Non-Governmental Organisation or any other entity that is authorised/permitted under the local law to collect money or any form of contribution/donation for charitable or social impact purposes.
- “Campaign(s)” is a request, project, fundraising appeal, event and/or page created by a Charity using our Services to appeal for Donations.
- “Donor(s)” is any person that contributes money and/or financial benefit to a Campaign directly or through us.
- “Donation(s)” is any financial and/or monetary transaction/contribution free from any encumbrances that benefits the Campaign, which is received directly or through us.
- “Payment Provider Partner” is the entity that processes the Donations.
- “Services” means the services and platform we provide to the Charities.
5. Payment Processing
- We will process instant payment and recurring transactions based on Donors’ committed frequency. All Donations will be processed through our Payment Provider Partner.
6. Refund Policy
- No refund/cancellation for Donations through any mode of payment will be allowed for any Donors unless there is a technical fault/error, such as transaction duplicity, data entry mistake or any other circumstances the Company at its sole discretion deems fit. The refund/cancellation for Donations must be made within seven (7) days from the date of transaction (the date the Donation was made) or before the Donation received is disbursed to the Charity, otherwise the Company will not process any refund/cancellation request, including the above mentioned event. In such circumstances, subject to Clause 6.2 herein, the Donor must request any partial or full refunds from the Charity directly.
- The Charities will accept the sole responsibility to provide refunds to Donors at their own discretion. Save for Clause 6.1, the Company will NOT be held liable for refunds or lack thereof. For avoidance of doubt all Donors understand and agree that save for what is stipulated in Clause 6.1 above, refunds will NOT be the responsibility of the Company should the Donor decide to change their mind and withdraw their Donation for whatever reason(s) including but not limited to the Charity’s failure and/or omission to satisfy or fulfil the project, challenge, special occasion and/or event created.
7. Donor Rights, Representation and Obligation
- The Company will endeavour to the best of its ability to conduct background checks and due diligence on Charities. However, as a Donor, you are solely responsible for asking questions and conducting your own background checks to the extent you feel is necessary before you make a Donation.
- You agree and understand that all Donations are made voluntarily and at your sole discretion and risk. The Donor is familiar with the risk factors when making Donation. The Company does not guarantee that Donations will be used as promised, that the Charities will deliver what was promised or that the Campaign will achieve its goals or target and/or is not fraudulent in nature and/or created for illegal activity. The Company does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, or Donation.
- You understand and agree that the Company shall not be held responsible or accountable for any loss or damages suffered by you as a result of the above mentioned situation or other circumstances states in this this Terms. Further, you are solely responsible for determining how to treat your Donation and receipt for tax purposes.
- If you have any doubts as to how the Donation collected is spent, you should contact/engage the Charity directly to seek reassurance.
- Any Donation made shall be irrevocable or shall not constitute any legal obligation on the part of the Company to process or fulfil the Donation and such Donation may be terminated by SG Support at its sole discretion at any time without notice.
- The Donor hereby understands and acknowledges that any enforcement by the Donor of its rights under the Terms herein against the Company may at the Company’s sole discretion be done through the agency of the Company and/or any of its authorised representative.
8. Limited liability and warranty
- Please read this section carefully since it limits the liability of SG Support. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such information.
- In jurisdictions which do not allow the exclusion or limitation of certain types of liability, our liability will be limited to the maximum extent permitted by law. We do not endorse, warrant or guarantee any material, product or service offered through us or our services.
- SG Support shall not guarantee or assume any responsibility that:
- The information presented in our Services is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
- The information presented in our Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
- Messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay or loss;
- That its Services is invulnerable to any fraud, dishonest conduct, money laundering or illegal activities of any User or third party including, without limiting to security breaches, hacking or any unauthorised access;
- Access to the Services will be available or be uninterrupted;
- Use of the Services will achieve any particular result; and/or
- Defects in the Services will be corrected.
- Without limiting the generality of the foregoing, in no event will SG Support be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business, profit, goodwill or reputation arising out of any use, or inability to use, the information or the services, even if SG Support has been advised of the possibility of such loss or damages.
- You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information on our website. You are responsible to ensure that your use of the information complies with all applicable legal requirements
- The limitation of liability contained in these Terms will apply to the fullest extent permitted by applicable laws.
The illegality, invalidity or unenforceability of any provision of these Terms under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.
10. Governing law and jurisdiction
These Terms shall be governed by the laws of Malaysia. In the event of any disputes, you agree to submit to the exclusive jurisdiction of the courts of Malaysia.
In the event that there shall be any conflict or inconsistencies between the English, Traditional Mandarin, Korean and Thai versions of this Terms & Conditions, for the purposes of interpretation and construction, the English language version of this Terms & Conditions shall prevail and be given effect to.
Attention: Chief Executive Officer
Mailing Address: Level 18, Axiata Tower, 9 Jalan Stesen Sentral 5, Kuala Lumpur 50470, Malaysia.
Email: [email protected]
Phone: +603 2272 1202