DahDerma

TERMS & CONDITIONS

General

1.1 You agree that these Terms of Use contained herein including the Privacy Policy governs your use of the services including but not limited to donating your contribution via the online portal and payment gateway for our charitable missions (“Services”) as provided in our website (“Website”) if any, (collectively known as “Channels”).

1.2 We may collect visitors’ traffic and statistics via the Website by using “cookies.” The statistics are anonymous and do not in any way identify your identity. We may also track your visit by using third-party software, tools, or system where we could be able to identify you without any information provided by you. However, you may at any time disable the “cookies” function in your browser, but you may not be able to access certain features or functions on the Website.

1.3 If you disagree with the Terms of Use, you must refrain from using the Channels.
 

Registration as Member or Donor

2.1 You shall be solely responsible for your personal information notwithstanding Dah Derma using and protecting your personal information under our Privacy Policy which is available on the Website. You acknowledge that no data transmission over the internet can be completely secured, and we cannot give an absolute assurance that the personal information you provide to us will be always secured. If you object to your personal information being used, please refrain, or cease from using the Services immediately.
 
2.2 You acknowledge that you can perform online donation if you refused to register as a member or donor via the Website. However, if you do not register as a member or donor in any of our Channels, your activity in the Channel might be limited to a certain extent or circumstances that may be prescribed by us from time to time without prior notification.
 
2.3 Dah Derma may at its sole discretion limit your activity, temporarily or indefinitely suspend, or terminate your membership of such Channel and refuse to provide the Services to you if:
(a) you breach any Terms of Use hereof or any terms incorporated by reference,
(b) we are unable to verify or authenticate any information provided to us which we deemed is requisite and necessary, or
(c) we believe that your actions may cause financial loss or legal liability to us.
 
We shall at our sole discretion change some or all the Services at any time. In the event Dah Derma introduces a new services or terms of services, we will notify you during your next access to the Services and it shall be effective on the date expressly stated as the effective launch date of such service. This term of use will be effective on 30 October 2021.
 

Terms of Online Donation

3.1 You represent and warrant that
(a) any credit or financial information you supply is true and complete;
(b) any charges incurred by you will be honored by your company, financial institution, online payment platform or e-wallet account;
(c) any charges incurred by you will be paid at the posted prices, including any applicable taxes.
 
3.2 Save except as permitted by law, Dah Derma does not and will not hold, possess, or store any sensitive data or information of your online banking or e-wallet accounts such as your password or temporary authorization code (TAC).
 
3.3 Subject to law, court order, instruction, or request made by any competent authority, Dah Derma may disclose your data to such competent authority to assist the authority for investigation about anti-money laundering or other criminal offenses.
 
3.4 All online donations are to be made in Ringgit Malaysia (MYR) only. If you are using foreign bank accounts, online banking or e-wallet account, subject to the legal restrictions imposed by such financial service provider, online banking service provider, or e-wallet service provider your donation could or might be converted to Ringgit Malaysia. Dah Derma shall not be held liable responsible for any loss or impairment of foreign exchange rate and services, or transaction fees incurred thereof.
 
3.5 To the best effort of Dah Derma, Dah Derma will deliver an online receipt(s) immediately for every transaction of online donation calculating from such successful online donation to the email address you have registered. We shall not be responsible for any loss of receipt if the email address provided by you is not correct or undeliverable due to any reason whatsoever.
 
3.6 You will receive a confirmation receipt as our thank you note upon completing a successful online donation.
 
3.7 Dah Derma shall not be responsible or be held liable for any damages, losses, or impairments caused by the online payment gateway service provider or any fault or act that was not caused by us while performing the online donation.
 

Intellectual Property Rights

4.1 You acknowledge and agree that the copyright and other intellectual property rights in the Channels and all information and materials therein (“Channel Content”) are owned by Dah Derma, its affiliates, suppliers, or licensors unless otherwise expressly indicated. The Channel Content is protected by Malaysian and international copyright and trademark laws.
 
4.2 You agree that you will not do any of the following without our prior written permission:
4.2.1 use our trademarks or logo bearing the name of Dah Derma or its affiliates.
4.2.2 reproduce, copy, modify, merge, adapt, translate, re-publish, frame, upload to a third party, post, transmit, broadcast, communicate to the public, or otherwise make the Channel Content available to the public.
4.2.3 transmit or display the Channel Content on any computer, system, or network which permits electronic access by more than one user at a time.
4.2.4 use, sell, assign, rent, sub-license, or otherwise deal with the Channel Content except as permitted by these Terms of Use.
4.2.5 reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Channel Content or use any part of the same to provide or incorporate into, any product or service provided to a third party: or
4.2.6 any other act or omission which infringes Dah Derma’s rights.
 
4.3 If you are interested in a part of the Channel Content solely for your own personal and non-commercial use, you may save a single copy, print one, or download one.
 

Modification of These Terms and The Channels

5.1 You agree that Dah Derma may at any time, at its sole discretion, modify:
5.1.1 The display, look and feel of the Website.
5.1.2 The Channel Content; or
5.1.3 These Terms of Use and the Personal Data Protection Policy, with such modifications automatically being effective from the time that they
are initially posted on the Channel, or such date as specifically stated in our notification to be posted on our Channel.
 
5.2 Your use of the Channel and the Services following any such change constitutes your agreement to follow and continue to be bound by these Terms of Use as revised or changed. For this reason, we strongly recommend that you review these Terms of Use whenever you use the Channel before your use of the Services.
 

Third-Party Links and Advertising

6.1 Dah Derma may provide hyperlinks to third-party sites (“Linked Sites”) for convenience only, and the inclusion of the hyperlink does not imply any endorsement of the Linked Site by Dah Derma or our affiliates. In addition, the inclusion of third-party advertising on the Channel (whether with or without hyperlinks) is not an endorsement or recommendation of the third-party advertiser by Dah Derma or our affiliates.
 
6.2. You acknowledge and agree that Linked Sites are not under the control of Dah Derma and that we are not liable or responsible for:
6.2.1 any act, omission, or negligence of any person who administers or owns any Linked Sites.
6.2.2 the copyright compliance, legality, or decency of any Linked Sites.
6.2.3 the accuracy or reliability of any information provided by any Linked Sites.
6.2.4 the privacy policies of the Linked Sites.
6.2.5 any goods or services provided by any person who administers or owns any Linked Sites; or
6.2.6 the performance of any obligation owing to by any person who administers or owns any Linked Sites.
 

Channel Usage

7.1 You agree that when using the Channel, you will not:
7.1.1 interfere with the usage of the Channel by others.
7.1.2 use the Channel in an illegal or immoral manner or against any public policy.
7.1.3 upload, post, email or otherwise transmit any document or information to the Channel that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, seditious, hateful, or racially, sexually, ethnically, or otherwise objectionable or vilifying.
7.1.4 upload, post, email, or otherwise transmit any document or information to the Channel that infringes any Intellectual Property Rights of any person.
7.1.5 post or transmit any unsolicited advertising or promotional materials.
7.1.6 attempt to gain unauthorized access to any of the Channel, user accounts, computer systems, or networks through hacking, password mining, or any other means.
7.1.7 upload, post, email, or otherwise transmit any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. 
7.1.8 interfere with or disrupts the Channel, the server hosting the Channel, or servers or networks connected to the server hosting the Channel.
 

Representations and Warranties

8.1 You acknowledge and agree that apart from where required by law, the Channel, all Channel Content, and the Services are provided “as is” without warranties of any kind, express or implied. Dah Derma including its affiliates, office bearers, employees and volunteers specifically refuse any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
 
8.2 You acknowledge that, apart from where stated to the contrary on the Channels, we have not made any representations or given any warranties:
8.2.1 as to the functionality or content of Services, the Channels.
8.2.2 as to the accuracy, or completeness of any of the Channel Content.
8.2.3 that access to the Channels will be uninterrupted or error-free or that the Website or the server which stores and transmits the Channel Content to you are free from viruses.
8.2.4 that any links contained on the Channel shall provide you with any useful information; and
8.2.5 that content provided on the Channel and Services are applicable or appropriate for use in locations outside of Malaysia.
 

Disclaimer

9.1 To the maximum extent permitted by law, neither Dah Derma nor our affiliates nor the office bearers, employees, and volunteers of Dah Derma and its affiliates will be under any liability to you, in contract, tort, or otherwise, in respect of any loss or damage (including consequential loss or damage, loss of profits, economic loss or loss of information) which may be suffered or incurred, or which may arise directly or indirectly in respect of:
9.1.1 your use of the Channels.
9.1.2 the accuracy, completeness, or usefulness of any Channel Content or information contained in the Channels.
9.1.3 your use of any other websites that the Linked Sites links to.
9.1.4 any goods or services supplied according to these Terms of Use; or
9.1.5 failure of Dah Derma to comply with its obligations under these Terms of Use.
 
9.2 If you are dissatisfied with any content on the Channel, or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Services. You acknowledge, by your use of the Services, that your use is at your sole risk.
 
9.3 In the event any applicable law does not allow the exclusion of liability set forth above or any part of this exclusion of liability is found to be invalid or unenforceable for any reason, then to the maximum extent permitted by law, the aggregate liability of Dah Derma under such circumstances for liabilities that otherwise would have been limited shall not exceed the donation amount that you made via the Channels.
 

Indemnity

10.1 You agree to indemnify and hold Dah Derma and its affiliates, office bearers, employees, and volunteers harmless from any claim or demand made by any third party due to or arising out of your breach of these Terms of Use or your violation of any law or the rights of any third parties or the use of the Channels.
 

Governing Law

11.1 These Terms of Use shall be construed by and shall be governed by the laws in force in Malaysia.
11.2 You irrevocably submit to and accept the exclusive jurisdiction of Malaysian courts.
 

Acknowledgement

12.1 These Terms of Use, including all documents referenced herein, represent the entire understanding between us and any user of the Channels and the Services and shall supersede any other agreements, statements, or representations unless otherwise stated. Headings used herein are for reference only and shall not affect the meaning of any terms. Any use of any portion of the Channel is deemed to have accepted these Terms of Use.
 

Contact Us

13.1 If you have any questions or queries, contact us via 04-8350307 during office hours from Monday to Friday, 830am – 530pm.
 
I have read, understand, and agree to bound all the Terms of Use above. I further agree that Dah Derma Foundation can collect and use the information provided by me for online donation processing purposes. I understand that I have the right not to provide complete information or personal particulars notwithstanding this will affect my benefits, including but not limited to tax deductions and receiving donation receipts.