Terms of Use

2022-04-15 03:17:59

By using our site or services, you agree to comply with these Terms and Conditions and to be legally bound by them and by any other rules and policies of the sites that we may publish from time to time.

This Terms of Use constitutes a legal and binding agreement between ENSANY (hereinafter referred to as “The Licensor”) and you, campaign owner, (hereinafter referred to as the “Licensee").

Licensor and the Licensee, are individually referred to as a “Party” and jointly as the “Parties”.        

The owner of this website, www.ensany.com, is PERTUBUHAN KEMANUSIAAN ENSANY MALAYSIA, is a Registered Charity organization in Malaysia (PPM. PPM-022-14-23052017), having its principal place of business at E-03-06, Starpac Point, Pusat Komersial, Setapak, Kuala Lumpur 53300. By accessing ENSANY’s websites www.ensany.com; (hereinafter referred to as the “Site or platform”), you agree to comply with and be legally bound by this Agreement.

Grant of License

The Licensee is granted a limited, non-exclusive, non-transferable, license to log in to the Site as specified below:

a) ENSANY is an online crowdfunding platform that supports human beings doing great work across the world. These Terms of Use (“Terms”) govern your access to, use of, and participation in the services made available by ENSANY. (“ENSANY,” “we,” “our,” or “us”), including our websites, products, tools, and any other services that reference these Terms (collectively, the “Services”). By accessing or otherwise using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

b) All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.

By using our site or services, you agree to comply with these Terms and Conditions and to be legally bound by them and by any other rules and policies of the sites that we may publish from time to time.

Links                                                                                                                          

The site may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:

1. The availability or accuracy of such websites or resources; or

2. The content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for this and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources. 

Eligibility

You may view the content on the Site by subscribing, on ENSANY Platform to create an account. Once you have successfully registered on ENSANY’s Platform, you select a screen name and a password wherein you agree to abide by the Terms of Use. When creating an account, you represent and warrant that

a. All information you submit is truthful, current, complete, and accurate;                                        

b. You are registered with the respective government body of your country under the respective authorities;                                                                                                

c. Have a valid Bank Account in a licensed bank in your country;                                                     

d. Have a valid phone number provided by a licensed telecom provider in your country;                 

e. Have fulfilled Legal compliances such as Anti- Money Laundering (AML), Know Your Customer (KYC) procedures; and                                                                                                                      

f. Any other legal compliances that may arise from time to time in your respective jurisdictions.

Anti-Money Laundering

You commit those funds disbursed for Causes will be used only for activities described on the corresponding Causes page at the Charity Causes dashboard. You will use commercially reasonable efforts to ensure that no funds used in these causes are used for any other causes apart from what has been stated in the system. You shall furnish us, to the extent requested, all documentation and other information required by regulatory authorities under applicable "know your customer" and anti-money laundering rules and regulations. You further state that you have complied with all applicable Anti-Money Laundering Laws, including and not limited to any applicable laws imposing “know your customer” or other identification checks or procedures that you are required to comply with and have conducted the requisite due diligence in connection with the causes for purposes of the Anti-Money Laundering Laws.

Accessing our services

We will use reasonable efforts to make our Services available to you without any interruption. However, as our Services are also dependent on another third-party service provider, we do not guarantee that our Services, will always be available or uninterrupted, especially when our third-party service provider is the cause of the interruption. As such, we will not be liable to you if for any reason our Services are unavailable at any given time. Unless specified or agreed otherwise, we also reserve the right to suspend, withdraw, discontinue or change any part of our Services without prior notice.

You are responsible for making all arrangements necessary for you to have access to our Services.

You are also responsible for ensuring that all persons who access our Services through your internet connection or account are aware of these Terms and Conditions that they comply with them at all times.

Campaign Owner Obligations

Campaign Owners shall accept the sole responsibility to provide refunds to Members, or Contributions at their discretion. ENSANY will NOT be held liable for refunds or lack thereof. For the avoidance of doubt all members understand and agree that refunds will NOT be the responsibility of ENSANY should the member decide to change their mind and withdraw their Contribution for whatever reason, including(s) but not limited to Fundraiser’s failure and/or omission to satisfy or fulfil the project, challenge, special occasion and/or event created.

When registering, the Campaign Owner agrees and undertakes that:

1. You are an employee and/or official representative of the Campaign Owner;

2. You are a valid legal entity, which is registered with the relevant authorities and is authorized and permitted by law to collect Contributions;

3. You will provide true, accurate, and complete information about you Campaign, whilst registering on our Platform;

4. You do not have the authority to act on behalf of, speak for, or obligate the Company, except to use authorized tools and materials provided by the Company to raise funds to support your Campaign through our Services.

Regarding its active Campaigns, the Campaign Owner hereby agrees to:

1.Give full and complete disclosure pertaining to all information and documentation relevant to the ongoing Campaign;

2.Be truthful with this information provided to ENSANY;

3. Be accountable for Contributions received by you, including but not limited to, inquiries from the Members regarding your programs, financial information, including but not limited to reports and updates and use of the Contributions. The organisation is NOT in any way accountable for what the Campaign Owner does with the funds raised;

4. Provide accurate and clear information about your Campaign implementation to Members through a Member Report (aided by the training materials we will provide you);

5. You agree that our records shall be conclusive evidence of all transactions by you; and

6. Comply with all laws and regulations, but not limited to, those regarding fundraising and contribution laws applicable in the jurisdiction you are raising Contributions.

ENSANY reserves the right, at our sole discretion, to revoke the User’s access to the Services, including taking down a Campaign if you have not complied with the terms of this Agreement.

Fund Management And Disbursement Of Funds

As a condition of enabling payment processing, you agree to provide us accurate and complete information about you and all and any applicable Causes.

Once the system computes full participation and fundraising has reached its targeted amount, this Cause and/or Causes would be closed at which point fund participation will not be accepted into the system.

Funds will be disbursed to you within (90) ninety days after the successful completion of a Cause and/or upon donation disbursement request by Campaign Owner barring any unforeseen circumstances such as (1) a possible violation of the Terms or any other law, rule, or regulation, (2) inaccurate information associated with the Cause or any donations which can delay the transfer of funds, or (3) delay due to Account Suspensions as outlined in the section below.

The funds thereafter shall be released by ENSANY either in tranches upon achieving milestones of the Causes thereby ensuring that funds are being managed properly and professionally.             

Account Suspensions

From time to time, we may (1) suspend a Cause account to obtain donations made to the Cause and/or (2) suspend the transfer of funds already raised. if: (i) we have reason to believe (in our sole discretion) that information provided by you is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) the funds available should be provided directly to a person other than you (such as a legal beneficiary or person entitled by law to act on behalf of a Cause), (iii) we have reason to believe that a Cause or you had violated these Terms, or (iv) required to comply with a court order, subpoena, writ, injunction, or as otherwise required under any applicable laws and regulations. If you have questions about a suspension we may have placed on your Cause account, or need information about how to resolve the suspension, please contact us at info@ensany.com.                                                                                                                                                 

Use of Personal Data 

Consent to access, processing, and storage of your data. You provide your explicit consent to us accessing, processing, and retaining any personal information you provide to us to provide a payment services system to you. This consent is not related to and does not affect, any rights or obligations we or you have by data-protection laws and regulations. You can withdraw your consent to us by closing your account with us. However, we may retain and continue to process your personal information for other purposes. Please see our Privacy Policy for further information about how we process your data, and the rights you have in respect of this.                                                       

You acknowledge that we may process personal data about you, and personal data that you have provided or in the future provide to us about your employees and other associated or other individuals, in connection with this Agreement, or the Services. Accordingly, you represent and warrant that:     

• your disclosure to us of any personal data relating to individuals other than yourself was or will be made by all applicable data protection and data privacy laws, and those data are accurate, up to date, and relevant when disclosed;

• before providing any such personal data to us, you have read and understood our Privacy Policy, which is available on the website under Privacy Policy, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure) provide a copy of that Privacy Policy (as amended from time to time), to that individual; and

• if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide a copy to any individual whose personal data you have provided to us.

Our Fees

There is no cost for nonprofit organizations or individuals to join our community, and you can rest assured that donations made through ENSANY platform are efficiently delivered to their intended beneficiaries. That being said, in order for us to achieve our mission and provide the best user-friendly platform for the ones in need, we do retain a small percentage of every donation.

There are three (3) types of fees:                                                                                                        

a.       Administration Fee: We retain a 10% fee for the upkeep of the platform.

b.      Payment Gateway Fee: We pass along the 2.5% processing fee that third-party charge us.

c.       Marketing Fee: The owner of the project or campaign has the right to request marketing of their campaign or contracting with third parties at a rate of no more than 20%.

d.      The above-mentioned parties have the right to market the campaign without the prior permission of the campaign owner, and the percentage is calculated as mentioned in the previous item

The above-mentioned fees will be automated through our system and charged to the account. ENSANY may amend its existing or introduce a new Fee or charge from time to time and you shall be notified through our website or other communication like email.                                                                     

No Reimbursement

No reimbursement of any fees above clause shall be allowed, unless the refund request was made due to technical fault, such as transaction duplicity, data entry mistake, or any other circumstances ENSANY at its sole discretion deems fit. In the event, the Campaign Owner is claiming reimbursement of any Fee due to technical error they must submit the request for the refund within seven (7) days from the date of transaction. Thereafter, ENSANY will request a Service Fee reversal. Reimbursement of the Service Fee contrary to what is stipulated in this Clause will not be processed.

Refund Policy and Recourse

If an unauthorized transaction occurs, we will require that you refund the amount of that transaction within three (3) business days to us.

If the contribution raised through the system could not be achieved for any reason whatsoever, then this cause could be withdrawn from our system and funds returned to the respective donors and you shall not have any recourse whatsoever against us. However, we shall have recourse in circumstances such as non-disclosure by you as the Cause creator and/or prohibited by law and we shall recover from you to the fullest extent permissible by the law.

Customer Support

If you have any feedback, questions, or complaints, contact us via our Customer Support web page at info@ensany.com.

When you contact us, please provide us with your name, address, and any other information we may need to identify you, your Account, and the transaction on which you have feedback, questions, or complaints.

In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint, and any other information you believe to be relevant. We will acknowledge receipt of your complaint if you contact us via our Customer Support email. Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.

Reporting

You agree to provide brief monthly and/or quarterly updates for each Cause you have posted on www.ensany.com. We will display updates on your cause page and will e-mail and/or send a notification to you which will be shown in the dashboard to the donors. Upon request, you shall provide narrative and financial reports regarding the progress made on the funded Cause(s) detailing how all funds provided are used and managed and any income earned and/or derived from the Causes were spent.

Indemnification

You agree to indemnify us, our affiliates and service providers, and each of our or their respective officers, directors, agents, employees, and representatives, in respect of any costs (including attorneys' fees and any fines, fees, or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and/or our enforcement of this Agreement (including without limitation your breach of our Policy or your violation of any law, rule or regulation, or the rights of any third party).

No Warranties.                                                                                                                      

The services are provided on an "as is" and "as available" basis without any representation or warranty, whether express or implied, to the maximum extent permitted by applicable law. Specifically, we disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and/or non-infringement. We do not make any representations or warranties that access to any of the Services, or any of the materials contained therein will be continuous, uninterrupted, timely, or error-free.

General Terms and Conditions                                                                                             

Limited License. We grant you a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. "ensany.com ", "ensanyglobal", and all logos related to us as the System Provider or displayed on the Site are trademarks or registered marks of ensany.com. You may not copy, imitate, or use them without our prior written consent.

Website Accuracy. Although we intend to provide accurate and timely information on the Site, (including, without limitation, the Content) may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products, and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained in the system and this reliance is your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including, without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the System.

Prohibited and Conditional Use. In connection with your use of the System, and your interactions with other users and third parties, you agree to comply with the ensany.com Policy on Prohibited Use, Prohibited Businesses, and Conditional Use.

Amendments. We will notify you any change to the Agreement relating to the System by email at least one month in advance. In such circumstances, you will be deemed to have accepted the change if you do not notify us otherwise before the date the change takes effect and continue to use the System. We may make all other amendments to the Agreement by posting the revised Agreement on ensany.com or by emailing it to you, indicating when the revised Agreement becomes effective. Although we will endeavor to provide you with advance notice where possible, where lawfully we may indicate that the revised Agreement shall be effective immediately. Copies of the most up-to-date version of the Agreement will be made available on ensany.com at all times and will be provided to you by email at your request.

Entire Agreement. This Agreement (including documents incorporated by reference herein) comprises the entire agreement between you and us.

Interpretation. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.

Transfer. This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests, and/or obligations to anyone else. We may transfer or assign our rights, licenses, interests, and/or our obligations at any time, including as part of a merger, acquisition, or other corporate reorganization provided that this transfer or assignment does not materially impact the quality of the Services you receive.

Invalidity. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision.

Enforcement of Our Rights. We may not always strictly enforce our rights under this Agreement. If we do this, it will be just a temporary measured and we may enforce our rights strictly again at any time.

Language. This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this Agreement or other documents are provided for your convenience only. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.

Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the sections relating to suspension or termination, cancellation, debts owed, the general use of the System, disputes, and general provisions, will continue to be binding and operate after the termination or expiration of this Agreement.         

Governing Law and jurisdiction. This Agreement shall be governed by and construed by the laws of Malaysia. In the event of a dispute, the courts of Malaysia shall have absolute and exclusive jurisdiction. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, that term or provision will be deemed modified to the extent necessary to render such term or provision enforceable, and the terms and conditions hereunder will be construed and enforced accordingly, preserving to the fullest permissible extent the intent of this Agreement.

Password Security. To access the Services you will be required to create or be given security details, including a username and password. You are responsible for keeping your electronic device through which you access the Services safe and maintaining adequate security and control of any  security details that you use to access the Services. This includes taking all reasonable steps to avoid the loss, theft, or misuse of such electronic device and ensuring that such electronic device is encrypted and password protected. Any loss or compromise of your electronic device or your security details may result in unauthorized access to your Account by third parties and the loss or theft of and any associated accounts, including your linked bank account(s) and credit card(s). You must keep your security details safe at all times. For example, you should not write them down or otherwise make them visible to others.

Security Breach. If you suspect that your Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cybersecurity attack) affecting you (together with a "Security Breach"), you must notify ensany.com, support as soon as possible by email free of charge and continue to provide accurate and up to date information throughout the Security Breach. You must take all steps that we reasonably require you to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.

Contact Information. You are responsible for keeping your email address and telephone number up to date in your Account Profile to receive any notices or alerts that we may send you (including notices or alerts of actual or suspected Security Breach).

Copyright © 2022-2023 Ensany. All Rights Reserved

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