Terms of Use

2021-12-05 01:09:59

Terms of use

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.tr.ensany.com is ENSANY GLOBAL BERHAD, a company incorporated in Malaysia having its principal place of business at E-03-06, Starpac Point,Pusat Komersial, Setapac, 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.                                                   

1.Grant of License                                                                                                                 

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

a) ENSANY is an online crowd-funding 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 successfully register on the 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 that fund disbursed for Causes will be used only for activities described on the corresponding Causes page at 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 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 of 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 other 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 own discretion. ENSANY will NOT be held liable for refunds or lack thereof. For 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(s) including but not limited to Fundraisers 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 relevant authorities and is authorised and permitted by law to collect Contributions;                                                                      

3. You will provide true, accurate and complete information about your 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 authorised tools and materials provided by the Company to raise funds to support your Campaign through our Services.   

In regard to 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 enquiries from the Members regarding your programmes, financial information including and not limited to reports and updates and use of the Contributions. The Organisation are 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 Users 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 fund raising has reached its targeted amount, this Cause and/or Causes would be closed at which point fund participation will not be acceptable 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 set forth 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 in a proper and professional manner. 

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 in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under any and all 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 info@ensany.com.                                                                                                                                                 

Use of Personal Data                                                                                                                         

Consent to access, processing and storage of your personal data. You provide your explicit consent to us accessing, processing and retaining any personal information you provide to us for the purposes of providing payment services system to you. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with 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 personal data, and the rights you have in respect of this.                                                                                                                                    

You acknowledge that we may process personal data in relation to you, and personal data that you have provided or in the future provide to us in relation to 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 in accordance with 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 in 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.

Fee and Charges                                                                                                                   

There are two (2) types of Fees and Charges:                                                                                                                                                                                                 

a.      Administration Fee: We may charge a general fee 10% for upkeep of the platform. The implementation of the Administration Fee shall be notified to you through our website.

b.     Marketing Fee: If the campaign is marketed by Ensany and/or Ensany Affiliate’s a 30%, amount equivalent to the campaign target will be deducted for the marketing services provided by Ensany and 2.5% respectively will be deducted per donation promoted by Ensany Affiliates.

c.      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 and charges 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 (the date the cause was made public). 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 unauthorised 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 reasons 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 prohibition by law and we shall recover from you to the fullest extend permissible by the law.

Customer Support                 

If you have any feedback, questions, or complaints, contact us via our Customer Support webpage 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 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.         

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