Introduction

These are the Terms and Conditions of Service (the “Terms”) for the website located at www.danago.app (the “Site”) including its sub-domains and its mobile optimized versions, along with any and all products and services offered thereby. The Site is proudly provided by Osky Interactive Sdn. Bhd. (collectively, the Site and Osky Interactive Sdn. Bhd shall be referred to as “DanaGo”). These Terms shall be supplemented by our Privacy Policy (the “Policy”), incorporated herein by reference.

The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, DanaGo and/or our affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site.

User Acceptance

If you continue to browse and use DanaGo, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, shall govern DanaGo’s relationship with you in relation to the Site, along with any donation management products and services offered thereby (collectively, the “Service(s)”).

Breach of Terms

In the event of your failure to comply with these Terms and Conditions of use, we reserve the right to immediately suspend your access to any and/all parts of the Site and/or the Services provided there without notice and without reference to you. You must notify us immediately of any change in your eligibility to use the Services, or if you suspect a breach or unauthorized use of your account.

DanaGo encourages you to report violations of our Terms. Users undertaking conducts that may constitute a factual – or even alleged – breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension / termination, at our sole and final discretion, without notice and without responsibility.

DanaGo accepts no liability for any failure to comply with these Terms where such failure is due to circumstances beyond DanaGo’s reasonable control.

Updates to the Terms

DanaGo reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the Site and the Services, at any time and without notice. Changes to these Terms will be displayed in the Site, and we may also notify you through email. Please refer to the last effective date where changes were last undertaken by us, indicated at the end of this document. Your use of our Services after the effective date of any update – either by account registration or simple use – indicates your acceptance thereof.

Service Eligibility

You must be over 18 years of age as a legal adult to use our Services or; if you are under 18 years of age, any Service and the fundraising initiatives used on DanaGo must be appropriately supervised by an adult or legal guardian. DanaGo does not knowingly collect any kind of information from any person under the age of thirteen (13), and will delete any related information thereto.

Fundraising Activities

DanaGo provides a comprehensive platform for fundraising initiatives, campaigns management and donation accounting. Such functionalities will be further detailed from time to time in guidelines, FAQs and regulations ancillary to these Terms. It is your responsibility to ensure, prior to commencing a fundraising activity on behalf of a recipient organization, that the organisation in question has no objection to the nature of the proposed activity.

It is DanaGo’s policy to forward fundraiser details to your nominated recipient organisation or organisations (in the event that funds are being raised for more than one organisation).

We cannot, and will not facilitate online fundraising for anybody wishing to fundraise anonymously. If you wish to fundraise anonymously, you should not use our Services.

DanaGo will review all fundraising activities, and expressly reserves the right to edit, amend, pause and/or suspend a fundraising page in the event that the recipient organisation, in its sole discretion, deems the fundraising activity unsuitable or inappropriate.

DanaGo does not endorse any content posted by users, nor the products or services of the organisation places indicated by users, and hereby disclaims any and all representation or warranty therefrom.

Refund and Cancellation Policy

For Clients & Partners. If you wish to receive a refund for a donation raising plan, you will be refunded the setup cost within 28 days of initial setup. This excludes any donations and transaction fees which DanaGo may settle during the timeframe which has been delivered to the payment gateway supplier and charity directly.

If you are using the DANA 2 or DANA 3 Service, and request a cancellation or refund, your campaign will become inactive to the public and you will be removed from the automatic billing cycle.

If you would like to cancel your service with our platform, please contact support on +6010 444 9606 or [email protected] directly.

For Donors. DanaGo will process refund requests only if received in writing within 48 hrs of the initial transaction. DanaGo cannot process refunds on behalf of charities once the funds have been settled to the charity.

If you would like to request a donation refund, please contact support on +6010 444 9606 or [email protected] directly quoting your DanaGo donation reference number.

Unauthorised Card Use

You agree not to use an invalid or unauthorised credit card. Once a donation is made, the transaction is final and not subject to dispute unless unauthorised use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card issuer in accordance with its reporting rules.

Fundraise may further detail its collection, refund and cancellation practices in guides and documents ancillary to these Terms.

Account Information and Use

You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach or unauthorized use of your account. You will be liable for any and all misuse of your account, including the fraudulent use by a third party, or even the disclosure of your password to a third party.

You agree to:

  1. immediately notify DanaGo of any unauthorized use of your password or account or any other breach of security; and
  2. ensure that you sign out from your account at the end of each session when accessing the Services. DanaGo will not be liable for any loss or damage arising from your failure to comply with this section.

Acceptable Use

Overall, as our user, you agree to not undertake, motivate, or facilitate the use or access of DanaGo in order to:

  1. Infringe these Terms, or allow, encourage or facilitate others to do so.
  2. Misrepresent your identity or affiliation with any person or organization.
  3. Send junk or spam email and other types of communications.
  4. Use the Site in any way that causes, or is likely to cause, the site or access to it to be interrupted, damaged or impaired in any way.
  5. Conduct, display or forward details of any survey, contest, pyramid scheme or chain letter.
  6. Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
  7. Distribute, post or otherwise make available any content that:
    1. infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other);
    2. enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group;
    3. endangers children and underage persons;
    4. is or allows illegal or fraudulent activities to take place;
    5. is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or
    6. is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
  8. Undertake or execute any unlawful, criminal or negligent purpose, including but not limited to, password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, injection of computer viruses and intentional invasion of privacy.
  9. Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
  10. Incite or threats of violence or any physical or emotional harm against any person or group of people.
  11. Use any automated or manual process to obtain, copy, process, access and/or use our Services or any part therefrom to capture unauthorized data or content, for any purpose.
  12. Devise ways to circumvent security in order to access part of the Site which you are not authorised to access, including but not limited to, scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access.

You must ensure that any content you upload (including photographs) to DanaGo is not obscene, offensive, defamatory or racist and does not breach any law or regulation or any intellectual property rights of a third party or any right or duty owed to a third party. This means that if any of the content you upload is copyright protected, you must obtain the copyright owner’s written permission in order to use it.

In the event that you become aware of any content which breaches any of the above rules, please notify us immediately by emailing [email protected]

If you would like to make any enquiries regarding usage of the platform, please contact support on +010 444 9606 or [email protected] directly.

Licenses for DanaGo

Limited Licence

We grant you a limited, non-exclusive, revocable and non-transferable licence to utilize and access the Site, under the terms, conditions and restrictions set forth in these Terms. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using the Site and our Services, in whole or in part.

User Generated Content Licence

You hereby grant DanaGo an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all world, right and licence to use, host, store, reproduce, modify, create derivative works, publicly display and distribute such any content you may upload or otherwise any content delivered to DanaGo via the Site or the Services.

You represent and warrant to DanaGo that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to DanaGo as set forth herein.

Feedback

You hereby grant to DanaGo, an unlimited, non-exclusive, assignable, transferable, sublicensable, irrevocable, royalty free, perpetual and for all the countries and territories in the world, right and licence to use, exploit any feedback, suggestion, enhancement, request, recommendation, correction or comment provided by you to us regarding the Site and/or the Services.

Content Ownership

DanaGo contains material which is owned by or licenced to us, and is protected by intellectual property law. This material includes, but is not limited to, the design, layout, look-and-feel, appearance and graphics. Copyright in the text, images, software, logos, icons, sound recordings and HTML code, content and other copyright material in this website is owned or licenced by DanaGo.

Reproduction of this material is prohibited other than for your own personal, non-commercial use, provided that the material is not altered in any way and no trademark, copyright mark or other proprietary notice is removed from the material in question.

No other use of material on the site is permitted other than with the express written permission of the copyright holder. Unauthorised use of DanaGo may give to a claim for damages and/or be a criminal offence.

Representations and Warranties

You hereby represent, warrant and covenant that:

  1. your use of ourSite and Services and all your uploaded and used data shall be at all times compliant with these Terms and all local, state, federal and international laws and regulations applicable to you and your organization; and
  2. you have obtained all necessary rights, releases and permissions to provide all your data to DanaGo and its affiliates, licensors and agents and to grant the rights granted to DanaGo in these Terms.

Term, Termination

The term hereof shall begin on the date that comes first among:

  1. first access to DanaGo;
  2. your first access or execution thereof; or
  3. DanaGo begins providing its Services to you.

The term hereof will automatically end on the earlier date of either your:

  1. account deactivation, suspension, freezing or deletion;
  2. access termination or access revocation for our Services;
  3. DanaGo’s termination of these Terms, at its sole and final discretion;
  4. the termination date indicated by DanaGo to you from time to time; or 
  5. DanaGo’ decision to make the Site or Services no longer available for use, at its sole and final discretion.

These Terms, along with any and all licences granted hereof will automatically terminate if you breach any of the terms and conditions contained herein. Upon termination for breach, your rights to use our Services and any information provided or generated thereby shall cease and you shall not be entitled to any compensation, credit, remedy or refund of any nature.

Third Party Links

From time to time, the Site and/or the Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third party websites, products or services.

No Warranty

To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. No oral or written advice provided by DanaGo, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty.

The entire risk of satisfactory quality and performance resides with you. DanaGo, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.

Neither DanaGo, nor its affiliates, subsidiaries, officers, employees and agents guarantee that the Site and/or the Services will be error-free, uninterrupted, secure, or produce any particular results. No advice or information given by DanaGo or its employees, affiliates, contractors and/or agents shall create a guarantee. The Site has not been completely tested in all situations or devices, and they may or will contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects.

Disclaimer of Damages

In no event shall DanaGo, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Site and/or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not DanaGo, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

Limitation of Liability

In no event shall DanaGo’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of RM100.00 (One Hundred Ringgit Malaysia); and henceforth any award for direct, provable damages shall not to exceed such total amount. These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be preempted.

For purposes of this limitation of liability, DanaGo’s affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.

Indemnification

You hereby agree and acknowledge to indemnify, hold harmless, and defend DanaGo, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “DanaGo’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such DanaGo’s Indemnitees arising out of or relating to:

  1. any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by DanaGo); and/or
  2. any third party claim arising out of or in relation to the Site or the Services, or use thereof in combination with your business platform, including without limitation, any claim that the Site or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, privacy rights of any person, or violate any applicable law.

Taxes

You understand and acknowledge that DanaGo is not a LHDN-approved donations and gifts organization, as currently defined by the Inland Revenue Board of Malaysia (LHDN).

The Services provided are a software-as-a-service platform, and thus we are not a broker, financial institution, insurer, agent, creditor or charitable institution. DanaGo only facilitates the donation transaction between campaign organisers and donors, but is not a party to any agreement between a campaign organiser and a donor, or between any user and a charitable entity.

While we may undertake commercially reasonable efforts to ascertain whether the campaign organizers and other organizations displayed in our platform qualify as LHDN-approved donations and gifts organizations. We will also facilitate communication between our users who donate to a cause, and the charitable organizations managing campaigns through our Services, including the emission of tax-deductible LHDN-approved donations and gifts organization receipts on behalf of our users.

Notwithstanding the foregoing, DanaGo has no control over the conduct of, or any information provided by a campaign organiser, a charity or any other user, we do not make any representation or warranty in such regard, and DanaGo hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.

It is your responsibility to determine what, if any, taxes apply to the donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

Events outside of our Control

In no event shall DanaGo be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, force majeure, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that DanaGo shall use reasonable commercial efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.

Generals

Assignment

These terms will insure to the benefit of any successors of the parties.

Content Moderation

DanaGo hereby reserves the right, at its sole and final discretion, to review any and all content delivered into DanaGo, and use moderators and/or any monitoring technology to flag and remove any user generated content or other content deemed inappropriate.

Entire Agreement

These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by each both parties.

Equitable Remedies

You hereby acknowledge and agree that if these Terms are not specifically enforced, DanaGo will be irreparably damaged, and therefore you agree that DanaGo shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.

Interpretation

Unless the context requires otherwise, the singular shall be construed to include the plural and vice versa. The paragraph headings used herein are for ease of reference purposes only and are not to be used in interpreting or construing the terms of these Terms.

No Waiver

Failure by DanaGo to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship

You and DanaGo are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.

Notices

All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or:

  1. personal delivery to the party to be notified;
  2. when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day;
  3. five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or
  4. one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt.

All communications must be sent to the respective parties to such address, facsimile number or electronic mail address as subsequently indicated by each party. Each party agrees to receive electronic documents and to accept electronic signatures, which shall therefore be considered valid substitutes for hard-copy documents and hand inked signatures.

Severability

If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect.

Applicable Law, Dispute Resolution

Applicable Law

Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties here on, shall be subject to the laws of Malaysia, without regard to conflict of law principles.

Forum

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court or tribunal of competent jurisdiction in or nearest to the city of Cyberjaya, Malaysia. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.

Contact Us

DanaGo welcomes your comments regarding these Terms. If you have any questions and would like further information, please contact us during business hours Monday to Friday.

We may offer live-chat services where you will be able to chat with one of our customer agents in order to express your queries. Of course, you can also email us. We will undertake our commercially reasonable efforts in order to respond as quickly as possible. Please, provide us full details of your service query so that we can clearly identify your issue of concern.

Date of the last effective update is April 15, 2020.