TERMS & CONDITIONS
This website, www.rayofhope.sg, is provided by the Ray of Hope Initiative Limited (registration number 201229333H) (hereinafter referred to as “ROH”, “we”, “our” and “us”). ROH is a non-profit organisation and a full member of National Council of Social Service. The term “you” refers to the user or viewer of the Website (defined below). The term “cases” refer to ROH’s recipients/beneficiaries.
These terms and conditions (the “Terms”) are divided into two (2) sections. Part I – General Terms (the “General Terms”) governs your access and use of the Website (defined below). Part II – Donation Terms (the “Donation Terms”) sets out additional terms and conditions that apply specifically to any and all donations made by you to ROH through the Website (these are in addition to the Part I General Terms that apply to the use of the Website to make donations to ROH). Please read these Terms carefully.
(i) accessing and/or using the Website; and/or
(ii) making any donations to ROH through the Website,
you are agreeing to and you are deemed to have agreed to, be bound by these Terms. If you do not wish to be bound by these Terms, you should not continue to use or access the Website and/or make any donations to ROH through the Website. This is a contract between (a) you (either an individual or the entity you represent); and (b) ROH, that governs your access and use of the Website, and/or donations made by you to ROH through the Website.
If you have any questions about these Terms, or if you wish to send us any notices in relation to these Terms, you may contact us at firstname.lastname@example.org.
Part I – General Terms
1. DEFINITIONS AND INTERPRETATION
1.1. In these Terms, unless the context requires otherwise:
(a) “Applicable Laws” means any statutes, laws, rules, regulations, codes and ordinances, any judicial or administrative court rulings or judgments, of any country, that are applicable to you and/or ROH.
(b) “Content” or “Contents” means any data and/or information that is available, accessible or stored in the Website in an electronic form, including, without limitation, any information, advertisements, documents, text, files, images, sounds, moving images and videos.
(c) “Donation Platform” means the online platform available on the Website to allow users to make donations to ROH and the fundraising campaigns and cases available on the Website.
(d) “Fundraising Page” means a portion or webpage of the Website in which users post fundraising campaigns and cases.
(e) “Fundraising Platform” means the online fundraising platform available on the Website to allow users to create fundraising campaigns to help raise funds for deserving cases.
(f) “Guidelines” means any and all additional terms, guidelines, policies and/or rules prescribed or issued by ROH with respect to the access and use of the Website and/or any donations made by you to ROH through the Website, whether existing now or issued by ROH at a future date, and which forms part of these Terms between ROH and you and that may be posted by ROH on the Website, including any revised or amended version of the same as issued by ROH from time to time and that may be posted on the Website. Such revised or amended version of the same shall apply to you and you are deemed to have accepted the same, from the time it is published on the Website.
(g) “Intellectual Property Rights” means any and all rights existing from time to time (both current and future) under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, or capable of protection in any relevant country in the world.
(h) “Parties” means you and collectively and “Party” means either one of them.
(i) “User Account” means an account that is created by a user of the Website, and which is protected by a secure password chosen by the user, in order to access and use the certain functionalities or features of the Website, including but not limited to the Donation Platform and the Fundraising Platform.
(j) “Website” means the website with the url “www.rayofhope.sg” and includes any functionality or feature provided therein.
1.2. Unless the contrary intention appears:
(a) The word “person” includes an individual, a firm, a body corporate, a partnership, joint venture, an unincorporated body or association, or any government agency, and includes a reference to the person’s executors, administrators, successors, substitutes (including, without limitation, persons taking by novation) and assigns;
(b) No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of these Terms or any part of it; and
(c) Headings are inserted for convenience and do not affect the interpretation of these Terms.
2.1. These Terms represent an agreement entered into between you and ROH concerning:
(a) your access and/or use of the Website; and/or
(b) any donations made by you to ROH through the Website, as the case may be.
By your proceeding with (i) and/or (ii) above, you are declaring that you have read, understood and agree to accept and be bound by and comply with these Terms.
2.2. These Terms may be amended or supplemented from time to time by ROH at its sole discretion, by posting revisions or a revised/amended set of the Terms (or the General Terms or Donation Terms) on the Website. Your continued access or use of the Website, and/or donations to ROH through the Website, following the posting of any changes or modifications will constitute your acceptance of such changes, modifications, supplements or of such modified Terms.
2.3. You agree to be bound by and to fully observe and comply with these Terms including any Guidelines that may be issued by ROH from time to time, with regard to your access and/or use of the Website, and/or your donations to ROH through the Website.
3. USER ACCOUNT
3.1. In order to access and use certain functionalities and features of the Website, including but not limited to the Fundraising Platform and the Donation Platform, you will be required to create and log in to a User Account which will be protected by a secured password chosen by you. In order to create a User Account, you must provide the necessary information required, including but not limited to your name, email address and mobile phone number, which you warrant to be true, accurate and current. If we discover that the User Account information you have provided us is/are not true or current, ROH is entitled to immediately suspend or terminate your access to or use of your User Account and the various functionalities and features of the Website which are accessible only to users with valid User Accounts.
3.2. You acknowledge and agree that you are responsible for maintaining the confidentiality, safekeeping and security of your User Account details, including any passwords that may be used to access to your User Account. You must promptly notify ROH at email@example.com if you know or suspect that your password or User Account has been compromised. Please note that in accessing and using your User Account through the Website, you must ensure that you continue to comply with the Terms and other Guidelines which may be issued by ROH from time to time.
3.3. Without prejudice to the foregoing, you shall be solely liable and responsible for any activity conducted through your User Account or using your User Account information, unless you have notified ROH in writing of the closure, compromise or misuse of your User Account and ROH has received such notification. You acknowledge that ROH would not have the means to verify the identity of the party using your User Account information or your username and password on the Website and you agree that ROH will not be responsible, in any way whatsoever, for losses or damages suffered by you or any third party if there is any unauthorised use of your User Account, username or password
4. USER CONDUCT AND WEBSITE USAGE
4.1. You are entitled to access and use the Website in accordance with these General Terms.
4.2. You must always use the Website and its associated services in a responsible and legal manner. In particular, but without limitation:
(a) If you create a Fundraising Page on ROH, it is your responsibility to ensure that the content and/or photograph that you are uploading on your Fundraising Page , in particular any photographs or images, do not infringe any third party’s Intellectual Property Rights, including but not limited to copyright. If such content and/or photographs that you are uploading on your Fundraising Page belongs to a third party, you must obtain the relevant owner’s written consent to use it in full compliance with Applicable Laws. You shall, at our request, provide us with documentary evidence of such written consent. We reserve the right and you agree that we have the right, to remove any content, pictures, photographs or copies of the same from personal Fundraising Pages, at our sole and absolute discretion and without notice:
(i) for any or no reason whatsoever;
(ii) if their copyright status is in any doubt;
(iii) and/or if we are not satisfied that you have obtained the necessary rights or permissions to post such content, pictures or photographs.
If you suspect a breach of any third party’s Intellectual Property Rights, including but not limited to copyright, on the Website, please send us a message at firstname.lastname@example.org.
(b) Other than in relation to your own Fundraising Page, you may not remove or change anything on the Website. In addition, you must not:
(i) misrepresent your identity or affiliation with any other person or organisation;
(ii) use the Website to send junk email or “spam” to people who do not wish to receive email from you; and
(iii) use the Website to conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters.
4.3. ROH reserves the right to cancel your User Account and/or delete any Fundraising Page without notice in the event of :
(a) a breach by you of any of these Terms; or
(b) for any or no reason whatsoever, at ROH’s absolute discretion.
4.4. You must not:
(a) reproduce or make any copies of the Website and/or any Contents in or on the Website, in whole or in part, including any software therein, except with the prior written consent of ROH;
(b) use the Website to facilitate or participate in any illegal activity or engage in any activity that ROH, in its absolute discretion, considers to be inappropriate;
(c) modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or attempt to do the same;
(d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, including but not limited to attempting to bypass the network firewall or any features that:
(i) are designed to verify the identity of a user;
(ii) prevent or restrict the access to or use of any particular functionalities of the Website;
(iii) prevent or restricts the access to, use of, or the copying of any Content that is made available or accessible through the Website
(e) access or use any part of the Website which you are not authorised to use or devise ways to circumvent security in order to access part of the Website which you are not authorised to access. This includes but is not limited to scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access to such parts of the Website which you are not authorised to access or use;
(f) delete any trade marks, signs, logos, trade names used by ROH, and/or other proprietary rights notices that is/are displayed on the Website therein;
(g) use the Website for any purpose that is unlawful or prohibited by these Terms or by Applicable Laws;
(h) use the Website in any manner that could damage, disable, overburden, or impair the operation of the Website provided therein, or interfere with any other persons” access to and use of the Website;
(i) use any device, software or routine, including, but not limited to, any viruses, trojan horses, worms, time bombs or cancel bots intended to damage or interfere with the proper working of the Website provided therein and/or to intercept or expropriate any Content, system, data or personal data from the Website; and/or
(j) transmit any Content of any type that: (1) infringes or violates any rights of any party; (2) is false, racist, offensive, defamatory, inaccurate, misleading or fraudulent; and/or (3) violates any Applicable Laws. While we do not actively edit or monitor the Website, we reserve the right to remove or edit any Content posted on the Website at our sole discretion and without notice. If you notice any such Content on the Website, please send us a message at email@example.com.
4.5. ROH reserves the right to immediately and indefinitely restrict your access to and use of the Website in any way considered reasonably necessary if it suspects that you are engaging in any of the above behaviours set out above in Clause 4.2(b) and Clause 4.4.
5. USE OF THE FUNDRAISING PLATFORM
5.1. ROH provides the Fundraising Platform to allow users to create Fundraising Pages where they can post fundraising campaigns to help raise funds for deserving cases in Singapore. All Users must comply with the following when using the Fundraising Platform:
(a) Users are not allowed to create a personal Fundraising Page on the Website to collect donations for themselves;
(b) Users shall be responsible for ensuring that all Fundraising Pages and campaigns created comply with any and all Applicable Laws;
(c) Users are not allowed to create Fundraising Pages for purposes connected wholly or partly with persons, events or objects outside Singapore; and
(d) Users must seek and obtain the permission of the relevant beneficiary and/or his/her family before creating a Fundraising Page and fundraising campaign on the Website on the beneficiary’s and/or his/her family’ behalf. Such consent and permission shall include: (i) authorisation for ROH to collect donations on the beneficiary’s and/or his/her family’s behalf; and (ii) the beneficiary’s and/or his/her family’s consent to ROH collecting, using and disclosing their personal data for the purpose of verifying the legitimacy of the fundraising campaign and case, and for the purpose of posting information, including their photographs, relating to their situation on the Fundraising Page and Website. In this regard, users shall provide documentary evidence of such consent and permission upon request by ROH.
5.2. While the list below is not exhaustive, the following campaigns are not allowed to be listed on ROH’s Website:
(a) campaigns containing pornographic, sexual content, adult services of any kind;
(b) campaigns associated with or involving terrorist or hate group activities;
(c) campaigns related to drug abuse, underage tobacco and alcohol consumption;
(d) campaigns related to gambling, betting, lottery or raffle;
(e) campaigns containing hurtful, graphic, racist, sexist or any harmful content; and/or
(f) campaigns involving any damage or hurt to human or animals.
5.3. ROH disapproves of, and does not wish to be involved in, dangerous sports or unusual challenges. It is your responsibility to check with ROH to ensure that that your chosen fundraising activity does not contravene ROH’s policies. We reserve the right, at our absolute discretion and without notice, to remove your Fundraising Page when we deem your fundraising activity inappropriate or unnecessarily dangerous.
5.4. ROH takes reasonable measures to ensure that there is donor accountability. Fundraising Pages, fundraising campaigns and cases created through the Fundraising Platform and posted by users will appear in red boxes and be classified as “not verified” while our ROH Case Managers carry out the process of verifying the facts of the fundraising campaigns and cases.
5.5. Unverified fundraising campaigns and cases will appear in such red boxes until ROH Case Managers have sighted all relevant documents and reports and/or met the recipient and his/her family in person. Once our Case Managers have carried out all the necessary verification to ascertain the legitimacy and veracity of the fundraising campaigns or cases, the relevant fundraising campaign or case posted online will then turn green and be classified “verified”.
5.6. Fundraising campaigns and cases which remain unverified for a period of 7 days and/or which do not pass our due diligence processes will be taken down and removed from the Website.
5.7. ROH reserves the right to take down and remove any Fundraising Pages, fundraising campaigns and cases from the Website at its sole and absolute discretion and without any obligation to account to the relevant user who created the relevant Fundraising Page and posted the relevant fundraising campaign and case. [In such event, all donations collected on behalf of the relevant beneficiary and/or his/her family’s behalf as at the date of removal of the Fundraising Page, fundraising campaign or case will, at ROH’s option and sole discretion, be transferred to the relevant beneficiary and/or his/her family or redirected to other fundraising campaigns and cases.
5.8. ROH may from time to time issue Guidelines relating to the use of the Fundraising Platform and/or relating to the creation of Fundraising Pages and posting of fundraising campaigns and cases. All use of the Fundraising Platform and the creation of Fundraising Pages and posting of fundraising campaigns and cases shall be subject to these Terms and such Guidelines which may be issued by ROH from time to time.
6. MAKING DONATIONS
6.1. You may make donations to ROH through the Website. In doing so, these Terms (comprising both the General Terms and the Donation Terms) represent the agreement entered into between you and ROH concerning the donation made by you to ROH. By making a donation with ROH, you are declaring that you have read, understood and agree to accept and be bound by and comply with these Terms and that any donations you make is compliant with Applicable Laws.
6.2. ROH provides the Donation Platform to allow users to donate to a fundraising campaign and case of their choice [or to other fundraising campaigns in the Website as ROH deems fit in general. Donations can be made through the Donation Platform through the following methods:
(a) Donating to individual cases;
(b) Donating monthly;
(c) One-time donation;
(d) Make a gift donation in honour of someone’s special occasion – Weddings, birthdays, anniversaries or the birth of a child;
(e) Memorial gift – gifts donated in memory of someone special.
6.3. You must be 18 years of age or older to make a donation. If you are not, do not access and use the Website to make a donation without the consent, permission and/or supervision of your parent and/or guardian.
6.4. We do not store your credit card or debit card details. We utilise MC Payment as our merchant facility. For recurring donations, we use the services of MC Payment which stores your credit card or debit card data. We provide no warranty as to the safety or security of MC Payment’s payment and merchant facilities.
6.5. Unless otherwise expressly stated herein, all donations are strictly non-refundable and you hereby agree to the same.
7. DISCLAIMER OF WARRANTIES AND LIABILITY
7.1. You acknowledge and agree that the Website (including all Contents and cases (whether verified or unverified) therein) are provided on an “as is,” “as available” basis without warranties of any kind, whether expressed or implied, including but not limited to, warranties of title, merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. Without limiting the generality of the foregoing, ROH expressly disclaims any warranty, condition, guarantee, term or representation as to the reliability, accuracy, completeness, and validity of any Content on the Website, including but not limited to any cases (whether verified or unverified) and/or any information, content or material relating to ROH, and ROH does not provide any warranty, condition, term or representation that the functionalities and features available on the Website will be secure, uninterrupted or error-free, or that any defects will be corrected. Any and all such warranties, conditions, terms and representations are specifically excluded.
7.2. ROH assumes no responsibility for errors or omissions in the Content on the Website, including but not limited to any cases (whether verified or unverified) and/or any information, content or material relating to ROH, including factual or other inaccuracies or typographical errors. You wholly assume all risks in your access and use of the Website. Hence, ROH does not warrant, and excludes all liability in respect of:
(a) the accuracy, completeness, fitness for purpose or legality of any information published by ROH through the Website, or that is communicated to you relating to the Website and/or any cases (whether verified or unverified);
(b) the Website (including any Contents therein) in respect of their quality, usability, fitness for purpose or any other aspect thereof; and
(c) any of the information, data, materials or facilities contained or incorporated in or on the Website, and/or the accuracy of the same.
7.3. ROH, and any third parties (as the case may be) who make their software available in conjunction with or through the Website disclaim any warranties regarding security, reliability, timeliness, and performance of the Website. You further understand and agree that your access and use of the Website is at your own discretion and risk and that you will be solely responsible for any loss or damages to yourself, to your mobile device system or computer or loss of data that results from your access and use of the Website.
7.4. ROH does not guarantee, represent or warrant that:
(a) the Website will be free from viruses or error free;
(b) that you will be able to access the Website or that access to the Website will be uninterrupted;
(c) that the Website and any Content contained therein will meet your requirements or be fit for your purposes, whether or not such requirements or purposes have been informed to ROH or otherwise; and/or
(d) any information provided via the Website is accurate.
7.5. You acknowledge that your access and use of the Website presents the possibility of human and machine errors, inaccuracies, omissions, delays, and losses, including the inadvertent loss of data which may give rise to loss or damage suffered by you, and you agree and undertake that you shall not hold ROH liable in any way whatsoever for the said loss or damage.
7.6. To the extent permitted by law, you agree that ROH shall not be liable to you in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any:
(a) loss of your data whatsoever; or
(b) indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with your use of the Website or your donations through the Website. For the purposes of this clause, indirect or consequential loss or damage includes, without limitation, loss of existing or anticipated revenue or profits, anticipated savings or business, loss of data or goodwill, business interruption, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
7.7. Where ROH’s liability is not expressly excluded under these Terms or under any Applicable Laws, ROH’s liability to you in contract, tort (including negligence) or otherwise howsoever and whatever the cause thereof, arising by reason of or in connection with these Terms and/or the Website (including the Contents therein), shall be limited to the aggregate sum of $1000.
8.1. You warrant that all information and Content provided by you to ROH, including on any personal Fundraising Page:
(a) is/are true and correct;
(b) is/are not misleading or deceptive, defamatory or obscene;
(c) does/do not infringe a third party’s Intellectual Property Rights; and
(d) can be lawfully published by ROH.
8.2. You will indemnify and keep ROH indemnified against all claims, costs, expenses, damages, liability or loss arising in relation to a breach of any of the above warranties.
9. INTELLECTUAL PROPERTY
9.1. You acknowledge that ROH or third parties (as the case may be) own all rights, title and interest in and to the Website and/or the Content except for the Content that was provided by you to ROH) and/or Intellectual Property Rights in the Website, including without limitation software relating thereto, and you shall not do or permit any act which is directly or indirectly likely to prejudice the rights, title or interest of the said rightful owner(s) in and to any of the aforesaid. Unless otherwise expressly permitted by mandatory Applicable Laws, you agree not to modify, adapt, translate, prepare derivative works from, or decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Website. Without prejudice to the generality of the foregoing, you shall not use in any way and shall not reproduce any Content except for the Content that was provided by you to ROH) contained in the Website and/ or trademarks that are associated with ROH and/or that you have sight of when accessing and using the Website without our prior written approval. Inquiries and permission requests may be submitted to firstname.lastname@example.org.
9.2. ROH hereby grants to you a limited personal, non-sub-licensable, non-transferable, revocable, terminable and non-exclusive license to access and use the Website (the “Licence”). The grant of this Licence does not constitute a transfer or sale of the Website or any copy thereof, and ROH retains all right, title, and interest in and to the Website, including any software or any Intellectual Property Rights therein.
9.3. You undertake that you shall not use and you shall not allow the use of, any of the trademarks that are associated with ROH and/or that you have sight of when accessing and using the Website, in any of the following ways:
(a) as part of any corporate or legal business name, which you are connected with, involved in or participating in;
(b) in connection with any of your services or activities;
(c) as part of any domain name, homepage, electronic address, metatag, or otherwise in connection with the Internet or a website, except with the prior written consent of ROH; and
(d) with any prefix, suffix, or other modifying words, terms, designs, or symbols.
9.4. You agree and undertake that:
(a) all rights, title, interest and any goodwill in any of the trademarks that are associated with ROH and/or that you have sight of when accessing and using the Website, or any derivatives thereof, belong exclusively and wholly to ROH and that you shall not under any circumstances gain any right to or interest or goodwill in any of the trademarks that are associated with ROH and/or that you have sight of when accessing and using the Website or any derivatives thereof independently of ROH; and
(b) you shall not register domain names associated with or including the any of the trademarks that are associated with ROH and/or that you have sight of when accessing and using the Website, or any derivatives thereof, or any name that is confusingly similar to any of them including any visual or phonetic equivalent or other derivation thereof (hereinafter referred to as “Domain Names”) and that ROH shall retain at all times all legal and beneficial rights, title and interest in the Domain Names.
9.5. You hereby grant to ROH a worldwide, non-exclusive, irrevocable, perpetual, sub-licensable and royalty-free licence to use, disclose, publish, communicate to the public, adapt, modify, process, host, reproduce and deal in any content, information, materials, Intellectual Property Rights and/or data that you upload, post on the Website and/or provide to ROH, in any way whatsoever as determined by ROH in its absolute discretion, for:
(a) the purpose of and/or in any campaigns and cases, whether now or in the future; and/or
(b) the business and/or operations of ROH.
This licence survives termination of this agreement without limit in point in time.
9.6. You represent and warrant to ROH that:
(a) you have the right to grant the licence at Clause 9.5;
(b) your uploading and posting of such content, information, materials, Intellectual Property Rights and/or data on the Website, and/or the provision of the same to ROH and ROH’s subsequent use of and dealings with such content, information, materials, Intellectual Property Rights and/or data pursuant to the licence under Clause 9.5, does and will not infringe any third-party rights, including but not limited to Intellectual Property Rights of any third party.
10. REMOVAL OF CONTENT
10.1. All Fundraising Pages must not incorporate any content that ROH, in its absolute discretion, considers is inappropriate for inclusion on the Website. ROH may, but is obliged to, discuss with you prior to removing all or any part of the content on any Fundraising Page. In any case, ROH reserves the absolute right to remove any of your content including your Fundraising Pages, at any time, for any or no reason whatsoever, without consultation. ROH also reserves the right to pROHbit fundraisers who breach these Terms from using the Website in the future.
10.2. If there are any questionable campaigns that require intervention of government or regulatory bodies, ROH will/may work with such bodies to take reasonable actions pertaining to such campaigns. If you are aware of any questionable campaign on the Website or of any violations of these Terms, you can it by email to email@example.com or call +65 6705 1912.
11. PERSONAL DATA PROTECTION
11.3. You represent and warrant that:
(a) for personal data of any third-party individuals that you disclose to ROH or that you disclose to ROH in the course of accessing and using your User Account (if applicable) and/or accessing and using the Website, that you would have prior to disclosing such personal data to ROH obtained consent from the individuals whose personal data are being disclosed, to:
(b) any personal data of individuals that you will be or are disclosing to ROH are accurate; and
12.1. ROH will handle all complaints received in accordance with our complaints resolution procedure, details which can be obtained by visiting the “Contact Us” section of the Website.
13.1. You agree to defend, indemnify and hold harmless ROH, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including solicitors’ fees and costs) including all amounts paid in settlement, arising out of, related to or in connection with your breach of these Terms, your access or use of the Website, your use of your User Account (if applicable) and/or your failure to comply with any Applicable Laws. ROH may assume the exclusive defense and control of any matter for which you have agreed to indemnify ROH and you agree to assist and cooperate with ROH in the defense or settlement of any such matters.
14. ALTERATION OF THE WEBSITE AND TERMINATION OF USER ACCOUNT AND TERMINATION OF THE LICENCE
14.1. ROH may amend or modify all or part of the Website (including any of its Contents) at any time.
14.2. ROH has the right to and you acknowledge that ROH can:
(a) withdraw any information, data or content forming a part of the Website; or
(b) immediately suspend, withdraw or terminate:
(i) your User Account (if applicable);
(ii) your access and use of the Website; and/or
(iii) the Licence,
at any time, without liability and without notice to you or any third party, for any or no reason whatsoever. You shall not hold ROH liable in any way whatsoever for any of the aforesaid. Without limiting the generality of the foregoing, in the event that your access and/or use of your User Account and/or the Website is in breach of these Terms, ROH has the right to immediately terminate your User Account (if applicable), your access and use of the Website, and/or remove any Fundraising Pages created by you, without notice and take all such action as it considers appropriate, desirable or necessary including but not limited to taking legal action against you.
14.3. Any termination or suspension of your User Account (if applicable) shall not entitle you to receive any compensation in respect of the termination.
15. GOVERNING LAW AND DISPUTE RESOLUTION
15.1. These Terms, and/or the agreement entered into with you for your access or use of the Website, are governed by and shall be construed in accordance with the laws of Singapore. Any dispute arising out of or in connection with these Terms and/or the said agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.
15.2. For the purpose of enforcing this Agreement and notwithstanding Clause 15.1, ROH has absolute discretion to seek equitable relief from a court of competent jurisdiction, as it may choose, without first attempting to resolve a dispute under Clause 15.1 and you hereby submit to the jurisdiction of the court which ROH may seek relief from under this subclause. For the avoidance of doubt, the right under this subclause is only extended to ROH and not to you.
16. LINKS TO THIRD PARTY CONTENT
16.1. Nothing in or on the Website shall be considered an endorsement, representation or warranty of or by ROH with respect to any third party or any third party’s websites, content, products, services or otherwise. Without limiting the generality of the foregoing, the foregoing applies to any advertising content whether paid or unpaid, as well as links that may be provided in the Website or the contents available and accessible through the Website. Such links (if any) are provided solely as a convenience to you. You use such links to access third party content, websites or applications at your own risk. ROH makes no representations or guarantees regarding the availability or content (including its truthfulness, accuracy, completeness, timeliness or reliability) of such third-party content, websites or applications in respect of which links have been provided in the Website, nor with regard to broken links. Your relationship and any transactions with other organisations through their websites or otherwise are your own responsibility.
16.2. All Intellectual Property Rights to any and all such third-party content, websites or applications accessible through links contained on the Website belong to their respective owners. ROH does not claim to have any rights over the same and in no circumstances, shall ROH be considered to be associated or affiliated in whatever manner with any such Intellectual Property Rights used or appearing on any and all such third-party content, websites or applications accessible through links contained on the Website.
17. LINKS TO THIS WEBSITE
17.1. Except as expressly set forth at clause 17.2, caching and links to (including deep linking), and the framing of the Website and/or any of the web pages therein are prohibited.
17.2. Linking to the home page: You may link to the home page of the Website, provided you notify ROH in writing before you do so and provided always that ROH may at any time object to such linking and if ROH so objects, you must immediately remove such link.
17.3. Under no circumstances shall ROH be considered to be associated or affiliated in whatever manner with any Intellectual Property Rights used or appearing on websites that link to the Website and/or any of the web pages therein. ROH reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other website that links to the Website.
18.1. ROH accepts no liability for any failure to comply with these Terms where such failure is due to circumstances beyond ROH’s reasonable control.
18.2. If any provision of these Terms (or parts of any provision) is held to be invalid, unenforceable or illegal for any reason, the remaining provisions of these Terms (or the remaining parts of that provision) shall nevertheless continue in full force. If a competent court or arbitral tribunal holds any part of these Terms to be unenforceable as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms.
18.3. These Terms are the entire agreement between you and ROH in relation to your access and use of the Website and/or any donations made by you to ROH through the Website and shall supersede all previous communications (whether written, oral or otherwise), discussions or letters relating to the same.
18.4. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision.
18.5. The rights to access and use your User Account (if applicable) and/or this Website is personal to you, and you may not transfer or assign to a third party any of your rights and obligations as defined in these Terms. ROH may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you.
18.6. These Terms are entered into between you and ROH. For the avoidance of doubt, except as expressly stated in these Terms, a person who is not a party to this Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of the terms of these Terms.
18.7. You agree that no joint venture, partnership, employment, or agency relationship will exist between you and ROH as a result of these Terms.
19. CONTACT AND NOTICE
19.2. Any notice that ROH intends to give to you may be carried out by posting the relevant notice on the Website and/or by sending any such notice to any contact information you may have provided ROH with. You are deemed to have received notice of the same upon ROH posting the relevant notice on the Website and/or by sending any such notice to any contact information you may have provided ROH with.
These Donation Terms apply separately to each donation that you make. By confirming on the Website that you wish to make a donation you agree to be bound by these Donation Terms for that donation and for each recurring donation in the case of recurring donations.
20. You acknowledge and agree to the following:
(a) All donations are non-refundable. However, if you have made an error in your donation, please notify your card provider immediately. We will consider authorising a refund in exceptional circumstances, but we reserve the right to apply a fee for the refund before such a refund is processed. Subject to the aforesaid, we will only consider your request for a refund if your request reaches us within 1 hour from your donation. Please contact us at firstname.lastname@example.org for requests for refund.
(b) Your transaction to make a donation on the Website will be processed through our third-party payment services provider, MC Payment. By confirming that you wish to proceed with your donation you hereby authorise MC Payment to request funds from your credit card or debit card provider.
(c) Any donations made through the Website using a credit card or debit card are final. If you become aware that your credit card or debit card has been lost, stolen or is being used fraudulently, it is your responsibility to report the issue to your financial institution. We may, at our absolute discretion, refund the donation where we have investigated and are satisfied that the donation was unauthorised by you and that you (or anyone authorised by you) have not acted fraudulently or carelessly. We reserve the right to apply a fee to process such a refund.
(d) These Terms will apply to successive donations made through the Website where you have set up a recurring donation. When you set up a recurring donation you will be scheduling a series of donations to be made on a specific day of the month that you choose, on a monthly basis, until you cancel the recurring donation. You agree that these Terms will apply to each of the donations in that series. By confirming that you wish to proceed with a recurring donation you authorise our payment service provider MC Payment to request funds from your credit card or debit card on the day of each month that you have stipulated through your application on the Website. To cancel your recurring donation, please contact us at email@example.com.
(e) All donations are at your own risk. Accordingly, please make sure that when you donate to a case or beneficiary, you understand how the donations will be used. ROH is not responsible for any misuse of the funds by the beneficiary or his/her family.
(f) We will use reasonable endeavours to channel your donations to a fundraising campaign and case of your choice or interest, if so indicated by you. In the event that the total donations received for a fundraising campaign and case exceeds what is required, you agree and authorise ROH to redirect your donation to other fundraising campaigns and cases at ROH.
In the event that you choose to donate to red and “unverified” cases before the cases are verified and the cases do not pass our ROH due diligence process or remains unverified for a period of 7 days, the cases will be taken down from ROH website. In such event, you agree and authorise ROH to redirect any amounts donated to unverified cases to other fundraising campaign(s) and case(s) on the Website, at ROH’s sole and absolute discretion.
(g) If you have requested for your donation to be made to a specific case or beneficiary, and we are unable to disburse donations to the beneficiary or recipient within a reasonable amount of time due to incorrect or insufficiently supplied details, we will try to contact the beneficiary or recipient to obtain the required information. If we are unable to find or contact the beneficiary or recipient and/or he/she does not respond to our inquiries within a reasonable period of time, you agree and authorise ROH to disburse your donated funds to other fundraising campaigns and cases on the Website at ROH’s absolute discretion. If the beneficiary or recipient contacts us after the funds have been redirected to another case of ROH’s option, you agree that your donation will be deemed disbursed in accordance with your specified purpose, and we will not be required to disburse any funds to such beneficiary or recipient. Keeping your personal contact details up-to-date is the best way to ensure donations are directed to where you want them to go should we need to contact you for further details on the beneficiary or recipient.
21. ROH reserves the right to amend or supplement these Donation Terms from time to time at its sole discretion by posting revisions or a revised/amended set of the Terms and/or Donation Terms on the Website. Any donations made to ROH through the Website following the posting of any changes or modifications will constitute your acceptance of such changes, modifications, supplements or of such modified Donation Terms.