Terms of Use

Actyvate is an online crowd-funding platform for community-betterment projects. Actyvate allows people ("Project Owners") to post projects on our website to raise the funds to fund them.

  1. 1. Acceptance of Terms of Use

    1. Please read these terms and conditions (the "Agreement" or "Terms of Use"), carefully before using www.Actyvate.my (“Actyvate”, the "Site", “we”, “us”, or “our”) and the services offered (the "Service"). Any defined terms not defined in the body of this Agreement are set out in Clause 17. This Agreement sets forth the legally binding terms and conditions for your use of the Site and Service and applies to all users of the Site and/or Service, including all users who are also contributors of content, information, and other materials or services on the Site. By using this Site and/or Service in any manner you agree to be bound by this Agreement.

    2. This Agreement also incorporates the Privacy Policy available at <Privacy Policy link>, and all other rules, policies and procedures that may be published from time to time on the Site each of which may be updated by us from time to time without notice to you. Some services offered through the Service may be subject to additional terms and conditions promulgated by us from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

    3. Actyvate may revise this Agreement from time to time by updating this page and the revised Terms of Use will take effect when they are posted on the Site. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Service following the posting the revised Terms of Use constitutes your acceptance of those changes.

    4. Actyvate may change, suspend, or discontinue the Service or any part at any time with or without notice. Where notice is given, it may be posted on the Site or sent by email. We retain discretion to impose limits on certain features or services, and/or restrict your access to parts or all of the Service without notice or liability.

    5. Actyvate may, in its sole discretion, refuse to offer the Service to any person or entity and may change its eligibility criteria at any time.

  2. 2. Registration

    1. You may browse the Site and view Content without registering. You may be required to register to open an account with us ("Account") and select a password and username to access certain parts of the Site.

    2. Where you are required to open an Account with Actyvate:

      1. you must provide us with accurate and complete registration information (failure to do so shall constitute a breach of this Agreement and may result in the immediate termination of your Account);

      2. you must safeguard your username and password;

      3. you authorise Actyvate to assume that any person using the Site through your Account is either you or authorised to act for you; and

      4. you shall not select or use as a username or the name of a domain:

        1. a name of another person with the intent to impersonate that person;

        2. a name that is subject to any rights of a person other than you without appropriate authorisation; or

        3. a name that is offensive, vulgar or obscene.

    3. We have sole discretion to refuse or cancel your registration on the basis of a breach of any of the requirements in Clause 2.2 above. You are solely responsible for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user’s Account without such other user’s express permission. You shall immediately notify us in writing of any unauthorised use of your Account, or other Account-related security breach of which you are aware.

    4. Registering with us is free; however, fees are collected for us by the Payment Platform and Actyvate invoices PDMs in respect of donations made outside of the Site. Our fees amount to 5% of the subtotal of cost items listed in the Costings section of the Project Page. Changes to any fees are effective once posted on the Site. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the promotional event or new service on the Site.

    5. Registering with us is free; however, there are transaction fees associated with donations charged by the third-party Payment Gateway. You are responsible for paying all fees and applicable taxes associated with your use of the Site.

  3. 3. Content

    1. You acknowledge that Content on the Site is subject to certain Intellectual Property Rights.

    2. Content may be accessed for your own personal, non-commercial use only. Where the functionality is provided, you may also for this purpose download reasonable excerpts of Content. Other than this, you shall not use, download, copy, licence, distribute, perform, publish, transfer, modify, translate, create derivative works from, or otherwise exploit any Content. You shall not reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site, except to the limited extent that the Applicable Law specifically allows.

    3. Nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you or license you to exercise any Intellectual Property Rights unless this is expressly stated.

    4. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

    5. We expressly prohibit linking by other sites to any part of this Site other than the home page (so-called "deep-linking") or other than we have otherwise expressly given permission. In addition, we expressly prohibit the linking to the home page of this Site in such a manner that suggests or could be understood to imply that any part of this Site is part of another web site and, in particular, third parties must not frame or use other techniques to enclose any part of this Site.

  4. 4. Your Use of the Site

    1. You shall not (nor permit any third party using your Account):

      1. disrupt or interfere with the Site (including, without limitation, by the introduction of computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or otherwise misuse the Site (including, without limitation, by hacking);

      2. take any action that: (i) imposes or may impose an unreasonable or disproportionately large load on Actyvate’s (or its third party providers’) infrastructure; (ii) bypasses any measures Actyvate may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iii) runs Maillist, Listserv, any form of auto-responder or "spam" on the Service; or (iv) uses manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;

      3. violate any Applicable Law through your use of the Site;

      4. collect or store personal data about other users of the Site other than in accordance with the Privacy Policy;

      5. post or transmit to or from the Site any material that:

        1. you know is false, misleading, untruthful or inaccurate;

        2. is threatening, defamatory, offensive, pornographic, obscene, indecent, seditious, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or which may cause annoyance or inconvenience;

        3. impersonates any person or entity, including any employee or representative of Actyvate;

        4. constitutes unsolicited or unauthorised advertising or promotional material;

        5. infringes any Intellectual Property Rights of any person or violates any law or contractual duty; or

        6. you have not obtained all necessary licences and/or approvals to post.

    2. Actyvate will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material (whether or not in breach of section 4.1.5 above).

    3. You shall abide by the Applicable Law in relation to your use of the Site and Service.

    4. Actyvate does not guarantee that any Content or User Submissions (as defined in Clause 8.1) will be made available on the Site or through the Service. Actyvate has no obligation to monitor the Site, Service, Content, or User Submissions. Actyvate reserves the right to remove, edit or modify any Content (including without limitation any User Submissions) in its sole discretion at any time without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Actyvate is concerned that you may have violated this Agreement), or for no reason at all.

  5. 5. Links

    1. The Site and Service may link to other third party websites or resources which are not under Actyvate’s control (including, without limitation, sites linked through advertisements or search engines) ("Third Party Sites"). Actyvate has not reviewed Third Party Sites and the inclusion of any such link does not imply endorsement by Actyvate.

    2. You acknowledge and agree that Actyvate is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspects of Third Party Sites and you agree to access them at your own risk. You further acknowledge and agree that Actyvate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any Third Party Site.

  6. 6. Personal Data and Cookies

    1. In using the Site you may provide us with "personal data" as defined in the Data Protection Act 1998 ("DPA").

    2. By using the Site you consent to our use of your personal data in accordance with our Privacy Policy.

    3. If Actyvate provides any user of the Site or Service (including, without limitation a Project Owner) with any personal data, such user (the "Data User") shall be the data controller of that personal data in relation to such use. The Data User undertakes that it shall: (a) only process such personal data to the extent and in such manner as is reasonably necessary, for the purpose for which it has been given the personal data (the "Data Purpose"); (b) comply with the DPA whilst processing such personal data and in particular, but without limit, keep such personal data secure; (c) not disclose the personal data to any person (except as necessary for the Data Purpose); and (d) indemnify Actyvate against any claim brought by a third-party arising from a breach of its obligations under this Clause 6.3.

  7. 7. Cancellation

    1. You may cancel your Account at any time by writing to us at xx. Any fees paid hereunder are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, the Clauses entitled "Disclaimer", “Limitation of Liability" and "General Provisions" and any ownership provisions, warranty disclaimers, indemnities and limitations of liability.

    2. We may cancel your access to all or any part of the Service at any time, with or without cause or notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account.

    3. We may cancel your Account if we reasonably believe that you have violated any Applicable Law, breached this Agreement, or have violated our rights or those of another user of the Site or Service.

    4. Following cancellation of your Account we may retain any information linked to your Account for such period as may be required by Applicable Law.

  8. 8. User Submissions

    1. If you add, create, upload, submit, distribute, collect, or post ("Submitting" or "Submission") Content to the Site (collectively, the "User Submissions"), you grant Actyvate and/or the Service, solely for the purpose of promoting or developing a Project, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any and all Intellectual Property Rights therein, in any media known now or in the future. In addition, you waive all moral rights you have in the Content to the fullest extent permitted by the Applicable Law.

    2. By Submitting any User Submission to the Site, you:

      1. acknowledge that you may be identified publicly by your username in association with any such User Submission; and

      2. represent and warrant, and can demonstrate to Actyvate’s satisfaction upon request that you: (i) own or otherwise control all Intellectual Property Rights and rights to privacy in all content in your User Submissions; (ii) have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by this Agreement and to grant the licence rights set forth above; (iii) have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by this Agreement; and (iv) are authorised to grant all of the aforementioned rights to the User Submissions to Actyvate and all users of the Service;

    3. Actyvate reserves the right to edit, cancel, interrupt or suspend a posting of Content and/or a Project at any time for any reason.

  9. 9. Project Owners and Rewards

    1. The Project Ownerr shall be responsible for accurately compiling and submitting to Actyvate a Project Plan and Costing Plan for the relevant Project.

    2. The Project Owner agrees and acknowledges that Actyvate may reject or request changes to the Project Plan and Costing Plan.

    3. Once a Project Plan and Costing Plan has been accepted by Actyvate, the Project Owner represents and warrants that the Project Plan and Costing Plan is accurate and complete in all material respects.

    4. The Project Owner is responsible for the accuracy of all content on the Project Owner's Project Page.

    5. Unless expressly stated otherwise, Actyvate does not act as Project Owner and accepts no liability for the actions of the Project Owner.

    6. At its sole discretion, Project Owners may offer non-monetary rewards ("Rewards") to Pledgers of their Projects.

    7. In the event that the Project Owner chooses to offer Rewards to Pledgers of its Project, it is the responsibility of the Project Owner to create and display on the Project Owner’s Project Page terms and conditions for receiving the Rewards ("Reward Terms") which will be binding on eligible Pledgers

    8. Project Owners may communicate with Pledgers to obtain information such as delivery addresses or clothing sizes and Pledgers shall provide any requested information in a reasonable amount of time.

    9. Project Owners shall not offer Rewards that violate any of Actyvate’s rules or guidelines or violate Applicable Law. Actyvate accepts no liability for the failure of Project Owners to deliver Rewards to Pledgers.

  10. 10. Publicity

    1. Any user acting as Project Owner for a Project shall acknowledge the support of Actyvate in any materials and presentations about or that refer to such Project. Such acknowledgements (where appropriate or as requested by Actyvate) shall include Actyvate's name and logo in compliance with such guidelines as may be provided by Actyvate from time to time.

    2. Actyvate and/or the Project Verifier may acknowledge the involvement of a Project Owner in a Project without prior notice.

  11. 11. Crowdfunding

    1. All funds for a Project are collected either: (a) through the Payment Platform ("Online Pledges"); or (b) grants from the Government ("Grants").

    2. The Fund for a relevant Project will comprise Online Pledges and Grants and in determining whether or not the Target Amount for the relevant Project has been reached by the Target Date, Actyvate shall take into account the total of Online Pledges and Grants.

    3. Actyvate makes no guarantees regarding the performance or fairness of the Third Party Payment Gateway. Additionally, due to occasional failures of some credit cards and funding sources, Actyvate cannot guarantee the full receipt of the Target Amount.

    4. If Actyvate is not satisfied that the Target Amount set for the relevant Project has been reached by the Target Date it shall notify the Pledgers of the failure to reach the Target amount as soon as reasonably practicable and process all donations made to be returned.

    5. Any payment of funds made by a Pledger is subject to the terms and conditions of the relevant Payment Gateway.

    6. Actyvate reserves the right to cancel, suspend or refund any pledges made at any time for any reason.

  12. 12. Disclaimer

    1. You use the Site at your own risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. All information provided on or via the Site is for information purposes only. You should seek your own independent advice with respect to any Content.

    2. We endeavour to provide a convenient and functional Site, but we do not guarantee that the Content will be error free or that the Site or the server that operates it is free of viruses or other harmful components. Although we will use reasonable endeavours to maintain the Content, we do not undertake to provide support or maintenance services for the Content.

    3. If your use of the Site results in the need for servicing or replacing property, material, equipment or data, Actyvate shall not be liable for such costs.

    4. You acknowledge that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Actyvate will not be liable for any errors or omissions in any content. Actyvate cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

    5. Actyvate is not responsible for messages of endorsement posted by third parties on Project Pages or any area of the site. All third party endorsers are independent of Actyvate.

    6. Without limiting the above provisions, everything on the Site is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of quality, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.

    7. If a jurisdiction does not allow the exclusion of implied warranties but allows limitations of a certain maximum extent then we limit our warranties to that extent.

  13. 13. Indemnification

    1. You shall defend, indemnify, and hold harmless Actyvate, its affiliates and each of its, and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable legal fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of this Agreement, or infringement by you, or any third party using your account, of any Intellectual Property Right of any person.

  14. 14. Limitation of Liability

    1. In addition to the other disclaimers and restrictions on our liability set out in this Agreement and to the fullest extent permissible under the Applicable Law, Actyvate accepts no liability whatsoever for any direct, incidental, consequential or indirect loss or damage, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings or any other loss resulting from your access to, reliance on, or use of, or inability to use the Site and the Content, however caused and whether arising in contract, tort (including negligence) or otherwise, and whether or not Actyvate was aware of the possibility of such loss or damage.

    2. Actyvate shall not be liable for failures in the operation of a Project or for your interactions with any third parties found on or through the Service. In particular, Actyvate does not oversee or guarantee and is not liable in relation for:

      1. the actions of a Project Owner;

      2. the performance, delivery or punctuality of Projects or the application of funds;

      3. the delivery of Funds by any user;

      4. the delivery of goods and services available from third parties through the Service;

    3. and in any case Actyvate is not responsible for any damage or loss incurred as a result of any such dealings.

    4. All dealings are solely between you and such third parties. Actyvate is under no obligation to become involved in disputes between Funders, Project Owners and any other users of the Site or third parties. You release Actyvate, its officers, employees, agents and successors from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.

  15. 15. Notices

    1. Actyvate will give you any necessary notices (including, but not limited to notices, agreements, legally required disclosures or other information in connection with the Service) by either posting them on the Site or sending them to your Account email address. You agree to check the Site for notices and will be considered to have received a notice when it is posted on the Site and/or sent to your Account email address.

  16. 16. General Provisions

    1. These Terms of Use and any non-contractual obligations arising from or connected with them shall be governed by the laws of Malaysia. These Terms of Use shall be construed in accordance with the laws of Malaysia. You irrevocably submit to the exclusive jurisdiction of the courts of Malaysia to settle any dispute which may arise out of or in connection with these Terms of Use.

  17. 17. Definitions

"Applicable Law" in relation to any person, action or thing means the following in relation to that person, action or thing:

  1. any law, rule or regulation of any country (or political sub-division of a country);

  2. any obligation under any licence in any country (or political sub-division of a country); and

  3. any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).

"Content" means all content at or of the Site including, without limitation, any User Submissions, all things that you may see, read, hear, use, download or access on or via the Site (including but not limited to messages, written forum comments, interactive features generated, files, data, software, images, photographs, illustrations, text and other materials).

"Fund" means for the purposes of delivering a Project, the total sum of donations received from Funders and paid to the relevant Project Owner, together with the total sum paid or committed by Grants, when a Project hits its Target Amount on the Site.

"Pledgers" means any person or organisation that has made an Online Pledge to a Project.

"Grants" are defined in Clause 11.

"Intellectual Property Rights" means all patents, copyrights, database rights, design rights and trade marks, right of publicity or other right (in any case whether registered or not) and all applications or rights to apply for any of the foregoing and all rights of confidence and Know-How however arising for their full term and any renewals and extensions.

"Know-How" means information, data, know-how or experience whether patentable or not and including but not limited to any technical and commercial information relating to research, design and development, manufacture, use or sale.

"Net Total Donations" means the total of payments actually made by the Payment Gateways (including fees payable to Actyvate) in respect of a Project.

"Online Pledge" is defined in Clause 11.1.

"Payment Gateway" means Paypal or MOLPay.

"Prohibited Act" means: (a) committing any offence under common law or any legislation creating offences in respect of fraudulent acts; or (b) defrauding or attempting to defraud or conspiring to defraud Actyvate.

"Project" means the project posted by a Project Owner on the Site which is or is intended to be used by or for the benefit or enjoyment of the public.

"Project Plan and Costing Plan" means the plan posted by a Project Owner describing the Project and how it is to be delivered, including the total estimated and maximum cost of executing and completing the Project or such other plan as may be approved by Actyvate in writing from time to time.

"Target Amount" means the amount of funds required for the Project to proceed and set by the Project Owner when posting the Project.

"Target Date" means the date by which the Target Amount must have been met for the Project to proceed and set by the Project Owner when posting the Project.