TERMS OF USE

TERMS OF USE

WELCOME TO WAKAWALA

1. WAKAWALA

Welcome to the website or mobile application of Wakawala Sdn. Bhd. (Wakawala) (as the case may be) collectively, the “Platform” which shall include any additional / new features and applications (“Services”), amendments from time to time (the “Terms of Services”) (including its subsidiaries, affiliates, agents, and service providers, collectively, “Wakawala,” “we,” “us,” and/or “our”). This Platform is operated by Wakawala. Wakawala is a full featured fundraising application (‘App’) that provides a seamless and secured platform for Asia and beyond to create campaigns and raise capital. Our online platform is designed to enable the campaign organiser to post a fundraising campaign to accept monetary donations from anyone who donates to the campaign and our related Services to individuals or organisations and visitors of our Services (collectively referred to as a “User”, “you” ,  “your” or “Campaign Owner” (as the case maybe) ).  Wakawala is a donation-based fundraising App that does not fall under the purview of the Securities Commission of Malaysia. Our vision is to securely connect Asia to donors and funders worldwide. Our mission is to be recognized as the leader of Asia’s fundraising App.

Please note that, all the revised Terms of Service together with the revised date shall be posted herein. We solely reserve right to change, add or amend parts of the Terms of Service. Your acceptance of the revised Terms of Service is deemed valid if you continue to use this Platform after the date of such changes. You may discontinue your use of the Services if you are not agreeable to accept the revised Terms of Service. The English version of these terms of service is binding to the extent permitted by law.

Please review this Privacy Notice carefully before using or submitting any information via or in connection with the Services. You consent to the collection, use and disclosure of your information as set out in this Privacy Notice, using any part of the Services. UNLESS OTHERWISE STATED HEREIN AS PER DISPUTES CLAUSE BELOW, BY USING THE SERVICES, YOU HEREBY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

NOTE: All such conflicts shall be resolved at our sole discretion, and all our decisions are final.

2. ENTRY AND ACCOUNT CREATION

The Services are offered as a platform to allow the User to post a fundraising campaign (“Campaign”) to the Platform to accept monetary donations (“Donations”) from donors (“Donors”). Wakawala facilitates the Campaign of the Campaign Owner and permits Donors to make donations to these Campaign Organisers, and at this moment, the Campaign can only be created in Malaysia and donations are permissible in Ringgit Malaysia (RM). Everyone from all over the world can register and donate to the Campaigns. A non-exclusive, non-transferable, and revocable license shall be granted to you to use our Services—subject to the Terms and the following restrictions in particular

A. Accountability of the Account-You are solely accountable of your account including all activities related to or taking place under your account. If you choose to register for the Services, you hereby agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form. You must register using your true identity, including your name and any image or video purporting to your campaign or beneficiary of your campaign. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Wakawala of any unauthorised use of your password or account or any other breach of security, and (b) sign out from your account at the end of each session when accessing the Services. Wakawala shall not be liable for any loss or damage arising from your failure to comply with this Section. Registration data and certain other information about you are governed by our Privacy Policy. You may not infringe rights of any individual nor offend someone failing which we shall cancel your account.

B. Age Requirement You shall be at age of 18 years and above to create a campaign. You are fully liable and responsible on your account for any and all account activity performed by you.

C. Right of Others. You must always respect the rights of others. In any way you should not defame, threaten or conduct/participate in an engagement that is libellous, tortious, obscene or invasive to the privacy of another person.

D. Prohibited Action. Unauthorised and dissemination advertising, junk mail, spam or chain letters are strictly PROHIBTTED including unsolicited/unwanted communication

To the extent permitted by applicable law, we are not liable for any loss or damage that may result from your failure to comply with the above requirements or from using your account with or without your knowledge.

3. CREATE AN ACCOUNT AND MANAGE THE CAMPAGAIN

A. Creation. In order to create Campaign and donate to the Campaign, you MUST register as a User. You can only register using email, Facebook or Google accounts. Individual User MUST submit pictures (front and back) of the national registration identity card (NRIC) or picture of Passport, full name as in NRIC/Passport, NRIC/Passport number, current residential address and a close-up picture (selfie) for verification purposes. Organisation user MUST submit SSM documents, Form 49 – directorship documents pursuant to Section 141(6) Companies Act, 1965, either tenancy agreement, electricity bill or water bill together with the NRIC or Passport of the person-in-charge (PIC) of the Organisation and of one of its directors and close-up picture of the person-in-charge for verification purpose. When creating a campaign, the User must attach at least one (1) to five (5) pictures and fill in the required details of the Campaign which are as follows: –

Category > Title > Description > Start Date > End Date > Location > Goal. User may also fill in a YouTube Video Link and opt to feature or verify their campaign (optional)

B. Successful Registration. Upon successful registration, you as User will be able to post your Campaign(s), your Profile page can be viewed accordingly, and this enable other User to view your profile, username, profile picture, Campaign(s) created and Campaign(s) contributed (without displaying the contribution amount). User can further add a biodata and a link to connect to Wakawala account to their desired page that the User may want to expose such as website, Facebook page, YouTube channel etc.

C. Campaign search. User can only search other Campaign(s) by using the Campaign ID / Campaign name. User can search other username namely other user(s). User can filter Campaign(s) by popularity, recent and Campaign categories. PLEASE NOTE THAT, that User can report on the Campaign and further investigation shall be conducted by Wakawala.

* WAKAWALA RESERVES THE RIGHT TO REMOVE THE CAMPAIGN THAT IS INAPPROPRIATE TO THE COMMUNITY AT LARGE*.

D. Campaign Viewing. You can view (i)received donations, (ii)the amount, (iii)visit count from our Analytic Page. You can also view (i) Donor’s detail in our Campaign Donation History Pages.

E. Allowed Campaign. Categories of Campaigns are as follow: – Health & Medical,  Accidents & Emergencies, Disaster Relief, Food, Elderly, Veterans, Kids & Family, Schools & Education, Non-Profit & Charity, Religious Organizations, Memorials & Funerals, Politics & Public Office, Pets & Animals, Sports & Teams, Trips & Adventures, Clubs & Community, Creative Art, Music & Film, Others (deems fit and appropriate).

As for now, the available currency is only Ringgit Malaysia (RM) and Campaign can only be created in Malaysia. However, everyone from all over the world can register and donate to the Campaign.

4. LEGAL OBLIGATIONS

A. When a Donation is performed to your campaign, you as the Campaign Owner has legal obligation where a legal agreement is concluded between you and the Donor.

You, as a Campaign Owner, represent, warrant, and covenant that:

(i)you will not infringe others’ right

(ii)all information you provide about your Campaign is accurate, complete and unlikely to deceive reasonable Users / Donors;

(iii) all information and content accessed by you using the Services is at your own risk;

(iv)all donations made to your campaign will only be used as described in the materials you post or otherwise submit.;

(v) comply with all relevant laws and regulations and applicable financial reporting obligations, including but not limited to tax reporting, political contributions (if any) and

(vi)you will provide and allow us to use any personal data (including all the details collected) of any third party for any purposes, including the consents obtained by you, as required under the applicable law.

As authorised by you, Wakawala reserves its absolute right to provide information relating to your Campaign to the Donors, beneficiaries of your Campaign or law enforcement, and to assist in any investigation thereof.

B. Personal Data Protection Act 2010. You are bound by the laws of Malaysia, Act 709 of the Personal Data Protection Act 2010. Non-compliance with the PDPA 2010 would amount to an offence and would ultimately attract maximum fines of RM500,000.00 or 3 years imprisonment. NOTE: As a Campaign Owner, you are solely responsible for fulfilling your Campaign’s obligations and if you are unable to fulfil your Campaign’s obligations or any of your other legal obligations, you may be subject to legal action by Donors.

C. Data Retention. You acknowledge that Wakawala does not have any obligation to retain any account or Campaign related data. You further acknowledge that Wakawala reserves the right, at any time and for any reason, with or without notice, to delete data or to terminate accounts or campaigns, and without any liability to you or any third party for any claims, damages, costs or losses resulting from them.

5. OVERALL CAMPAIGN AND SERVICES

A. Campaign and Donations. Wakawala has no control over the conduct of, or any information provided by, a Campaign Creator, a Donor, or other user and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Campaign will receive a certain amount of donations or donations at all. We do not endorse any Campaign or Campaign Creator and we do not give any guarantee, express or implied, that any information provided by the Services is accurate. As a Donor, you must make the final determination as to the value and appropriateness of contributing to any Campaign or Campaign Creator. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign. Please note that all donations will be at your own risk. It is your responsibility to understand how your money will be used when you make a donation through the Services. As a user, you are responsible for determining the applicability of the law with a view to running your campaign, contributing to the campaign, or using any of the Services.

Wakawala is not responsible for any Campaign or Campaign Owners offers, promises, rewards or promotions. Wakawala does not represent and assure that the Donations utilised for the purposes of the Campaign by the Campaign Owner, however, Wakawala will take all the necessary action in the event of misuse of funds or fraudulent activity conducted by the Campaign Owner. You MUST immediately report to Wakawala if you have reasonable grounds to show that the Campaign Owner is not utilising the Donations for the said purposes. At Wakawala, we take this matter seriously and will investigate the report submitted to us.

*IN THE EVENT OF DISPUTE OR FRAUD OR ANYTHING THAT RELATED TO PAYMENT, WAKAWALA SHALL NOT BE LIABLE NOR RESPONSIBLE AND OWES ANY OBLIGATION TO THE USERS, CONTICUTORS AND CAMPAIGN OWNERS*

B. Costing and Financial Projections.

(I) Basic Campaign

Wakawala takes Six Per Centum (6%) administration fee and processing fee via Online Banking – FPX 1.0% (TBC) + RM 0.50., Credit Card/Debit Card – Visa/Master is 1.3% (TBC) + RM 0.50, PayPal for Malaysian Donors shall be 3.9% + RM 2.00 and International Donors shall be 4.4% + 0.30 USD. (excluding government taxes where applicable) for each transaction at the end of the said campaign.

(ii) Featured Campaign

Wakawala takes an additional of Nine Per Centum (9%) administration fee and Online Banking – FPX 1.0% (TBC) + RM 0.50., Credit Card/Debit Card – Visa/Master is 1.3% (TBC) + RM 0.50, PayPal for Malaysian Donors shall be 3.9% + RM 2.00 and International Donors shall be 4.4% + 0.30 USD. (excluding government taxes where applicable) for each transaction at the end of the said campaign should the user opt for featured campaign.

(iii) Whatever the campaign collected at the end of the campaign duration minus the charges in point (i) will be transferred to campaign creator via bank or PayPal account after Central Bank of Malaysia (Bank Negara) clearance. This process will take up to 2 weeks.

(iv) If campaign creator fails to comply with Wakawala’s account verification requirements* up to 2 weeks before the end of their campaign or Wakawala finds out that the campaign is fraudulent or inappropriate in any manner the campaign collected minus the charges in point A , will be transferred to “Wakawala Fund to support other Wakawala campaign(s).

(v) No refunds in any transaction

6. WAKAWALA INTELLECTUAL PROPERY 

A. All Intellectual Property (the right, title and interest in the copyright, patent, trademark, trade secret or other intellectual property rights in the Patent Rights and Know-how, copyrights, trademark, trade secrets including without limitation any derivatives, variations, and or Improvements thereto) is owned by Wakawala  and are legally protected in accordance to the Intellectual Property Corporation of Malaysia Act 2002 [Act 617]. You shall comply and agree with Wakawala Intellectual Property, legal notices all other relevant contained in Wakawala content, Services or marks accessed through the website/Platform and you shall be strictly prohibited to change, translate or create derivative works of the Services.

B. Wakawala grants you a non-exclusive and non-transferable license to access services and Wakawala, at our absolute discretion, revokes the use at any time. Unless prior written approval granted to you, you shall not assign, reuse, modify, redistribute, sell, broadcast, rent, share, lend, modify, modify, modify, create derivative works of, license or otherwise transfer or otherwise use any content or Wakawala content.

7. YOUR INTELLECTUAL PROPERTY

Wakawala is granted a worldwide, non-exclusive, perpetual, royalty-free, sublicensable and transferable right to use, exercise, sell and exploit your copyright, advertising, trademark and database rights and, right to use, make changes, modify, , translate, format or delete your User Content / campaign .

8. TERMINATION OF ACCOUNTS

Wakawala at its sole discretion, reserves the right to suspend, delete or terminate any user account at any time and has no obligation to provide any comments for the above. You must discontinue all use of the Services and the Platform (the content) upon suspension and termination of your account.

9. PAYMENT SERVICES

iPay88 (“iPay88”) offers Wakawala payment services for all transactions in Malaysia, while donors from outside Malaysia may use PayPal whenever the Donors donate to a Campaign and the Donors are subject to iPay88 / Paypal terms and conditions (including any amendments made from time to time from iPay88 / PayPal). The donors will be led to the Wakawala App iPay88 / PayPal page when the donors click on the donation button and the payment will be made there.

The Donors agree to provide Wakawala with accurate and complete information as indicated above and, for the purposes of payment services and all transaction and payment related matters, you allow Wakawala to share such information with iPay88/PayPal.

Wakawala is not responsible for any payment services / process by third parties other than the above.

10. WEBSITE / PLATFORM MAINTENANCE

The system and Services may not be available during maintenance of Wakawala, including any unintended malfunctions. As such, Wakawala is not responsible for any loss of information, data or user material attributable to the above.

11. LIMITATION OF LIABILITY 

In no event shall Wakawala , nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website/Platform, whether such liability is under contract, tort or otherwise, and Wakawala, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website/ Platform.

12. INDEMNITY

You hereby agree to the indemnify to the  fullest extend Wakawala, Wakawala subsidiaries and affiliated companies, and Wakawala officers, directors, employees, partners, contractors, representatives, agents, and third party providers from and against any and all liabilities , costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms or violation of law. Wakawala reserves the right to assume exclusive defence and control of any matter otherwise subject to this provision, in which case you shall cooperate in the exercise of any defences.

13. NO WARRANTY

This Website/Plaform shall be provided “as is” with all faults and Wakawala. shall not make any express or implied representations or guarantees of any kind relating to this Website or to the materials found on this Website/Platform. In fact, nothing on this Website/Platform shall be construed as providing advice or information to you.

14. GOVERNING LAW AND DISPUTE RESOLUTION

You shall contact Wakawala directly in the event of disputes prior submitting to the courts to resort. You agree that Wakawala and its Services are considered to be a passive website which does not give rise to jurisdiction over Wakawala or its relatives associates, partners, subordinates, employees, agents, administrators, officers or stakeholders in any jurisdiction other than Malaysia, whether individual or general. Any legal action or equity proceeding in connection with these Terms shall be brought before the courts of Malaysia. You hereby agree and appeal to the direct jurisdiction of those courts for the purpose of litigating any such case, and you irrevocably waive every right that you may have in any dispute, action or proceeding.

15. MISCELLANEOUS

These Terms and any other information referred to therein shall set out the entire agreement between you and Wakawala with respect to the Services and supersede any prior agreement, proposal, statement, representation, understanding or undertaking (either written or oral or electronic) between you and Wakawala. These Terms shall remain in full force and effect and enforceable unless they are found to be invalid by law.

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