Terms of Use

Important – please read these terms carefully. By assessing this website, you agree that you have read, understood, accepted and agreed to be bound by the Terms of Use set out below. If you do not agree to these Terms of Use in its entirety, please leave this website immediately.


This website is owned and operated by IMPACTHOR PLT (registration no. LLP0012112-LGN) (“ImpacThor Website”). By using or accessing the ImpacThor Website, ImpacThor Points, ImpacThor Vouchers and other features, you agree to the following terms and conditions:-


1. ACCEPTANCE OF TERMS OF USE


1.1 This Terms of Use is an electronic contract that sets out the legally binding terms of the relationship between you and ImpacThor.

1.2 By registering or logging in as a User/Volunteer or by accessing the ImpacThor Website, you accept and agree to be bound by this Terms of Use as well as any notices or policies that may be displayed on the ImpacThor Website from time to time.

1.3 You confirm that you are at least 18 years old and have legal capacity, right, power and authority to agree to these terms and conditions.

1.4 The Terms of Use comprises the entire agreement between you and ImpacThor, and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.


2. USE OF IMPACTHOR WEBSITE


2.1 You acknowledge and agree that:

2.1.1 Scraping and hacking of the ImpacThor Website is not allowed;

2.1.2 You shall not use more than one ImpacThor account;

2.1.3 No accounts on the ImpacThor Website can be created through unauthorised means;

2.1.4 You shall not use the ImpacThor Website for any illegal or unauthorised purposes;

2.1.5 You shall not commit or encourage a criminal offence, interfere or disrupt the ImpacThor Website, transmit or distribute any viruses, malware, spyware or worms including but not limited to Trojan horse, logic bomb or any other materials on the ImpacThor Website which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, corrupt data, cause annoyance to other users/volunteers, infringe upon the rights of any other person’s proprietary rights or send any unsolicited advertising or promotional material.

2.1.6 We reserve the right, at our own discretion and at any time, to prevent you from using or accessing the ImpacThor Website.


3. AMENDMENT OF TERMS OF USE


3.1 ImpacThor reserves the right to amend this Terms of Use, its policies and any additional terms that may be applicable from time to time without notice to you, at the unfettered discretion of ImpacThor, and which shall take effect immediately upon the posting of the modified terms and conditions. Thereafter, references herein to “Terms of Use” shall include such modified terms and conditions. You agree to check this page every time you visit the ImpacThor Website for any update and to familiarise yourself with this Terms of Use. If any of the modified terms and conditions are unacceptable to you, you must discontinue using or accessing the ImpacThor Website.

3.2 Your use of and/or access to, and/or continued use of and/or access to the ImpacThor Website, ImpacThor Points, ImpacThor Vouchers, and/or other features of the ImpacThor Website, following the posting of such modified terms and conditions shall be deemed acceptance of all such changes without any reservation.


4. LINKS FROM THE IMPACTHOR WEBSITE


4.1 The ImpacThor Website may contain links to other websites to which ImpacThor has no control or interest. These links are provided for convenience only and shall not be construed in any way whatsoever as ImpacThor endorsing or having affiliation with such websites or their contents nor create any legal relationship with the owners of such websites. In respect of such links, ImpacThor is not responsible for the content and/or information contained in such websites or any other aspect of such websites.


5. INTERNET CONNECTIVITY


5.1 The ImpacThor Website may be subject to limitations including but not limited to delays, server downtime, and other problems inherent in the use of the internet and electronic communications including the device used by you that is faulty, not connected, out of range, poor internet connectivity, switched off or not functioning. ImpacThor is not responsible for damages or losses resulting from such problems.


6. VOLUNTEERING UNDERTAKINGS


6.1 You acknowledge and agree that:

6.1.1 No relationship of employment is created or shall in any way be construed to be created between you and ImpacThor or any other third party involved in any volunteering activities;

6.1.2 ImpacThor Points and ImpacThor Vouchers are merely a “token of appreciation” and are not earned as a salary or any other form of remuneration in any manner whatsoever;

6.1.3 The number of ImpacThor Points awarded shall in no way be linked to the value of the work that you conduct as when participating in any volunteering activities;

6.1.4 You are responsible for any activity you have booked through the ImpacThor Website and take full responsibilty to make changes to your bookings should you not be able to attend the booked volunteering activity; and

6.1.5 You agree to comply with the volunteeering guidelines, handbook or policies of the organisation you are volunteering with.

6.2 Further to the above, you agree to not hold ImpacThor and/or any third party involved in the volunteering activity (together with their respective employees, officers, directors, agents and representatives) liable for any (including but not limited to injuries and death) and all losses that may arise from participation in any volunteering activities.


7. COLLECTION OF IMPACTHOR POINTS


7.1 You may be issued with ImpacThor Points for your participation in volunteering activities booked through the ImpacThor Website.

7.2 ImpacThor Points are awarded based on the number of hours you spent participating in volunteering activities. Final total ImpacThor Points may vary however depending on whether you were present, late or absent during the volunteering activity.

7.3 All ImpacThor Points earned are not transferable and cannot under any circumstances whatsoever be exchanged for cash.

7.4 ImpacThor Points used to redeem for ImpacThor Vouchers will not be refunded.


8. USE OF IMPACTHOR VOUCHERS


8.1 ImpacThor Vouchers can only be offered if goods, services or money were donated by Sponsors/Companies to ImpacThor and/or for a specific volunteering activity.

8.2 The value and items offered in the form of ImpacThor Vouchers is dependent on and determined by the Sponsors/Companies and/or ImpacThor.

8.3 Use of your ImpacThor Vouchers shall at all times be subject to these Terms of Use, and any terms and conditions as may be specified by the relevant Sponsors/Companies.

8.4 The expiry of an ImpacThor Voucher is the date specified on the said Voucher. Any subsequent redemption upon the expiry of the Voucher will not be entertained.

8.5 Neither ImpacThor nor the Sponsors/Companies are responsible for the lost or stolen ImpacThor Voucher or Voucher reference numbers.

8.6 ImpacThor Vouchers cannot under any circumstances whatsoever be exchanged for cash.

8.7 The reproduction, sale, resale or trade of an ImpacThor Voucher is prohibited. Any attempt to carry out any of these will potentially void the ImpacThor Voucher at our discretion.


9. INTELLECTUAL PROPERTY


9.1 ImpacThor retains all right, title and interest in and to its Intellectual Property and to the ImpacThor Website and this specific ImpacThor model of encouraging the act of giving.

9.2 You acknowledge that you will not acquire any right, title or interest in or to the ImpacThor Website or any information technology infrastructure, systems, components, computer hardware, software, codes, designs, processes or Intellectual Property of ImpacThor made available to it.


10. PRIVACY


10.1 Please see our Privacy Policy which forms part of this Terms of Use.


11. LIMITATION OF LIABILITY


11.1 In no event shall ImpacThor or any of its directors, partners, officers and employees be held liable to you for any injuries, death or damages whatsoever, whether direct, indirect, consequential, punitive, exemplary or incidental, including loss of profits, arising out of your access to or use of the ImpacThor Website, or the operation of the ImpacThor Website or its failure to operate.

11.2 ImpacThor does not guarantee the security of the ImpacThor Website or that the ImpacThor Website is free from harmful components, defects or viruses and you hereby indemnify ImpacThor from any and all liability in this regard.

11.3 The ImpacThor Website is provided on an "as is" and "as available" basis. ImpacThor does not make any representations or warranties of any kind whatsoever as to the availability of the ImpacThor Website and/or ImpacThor Points and/or ImpacThor Vouchers at all times and you hereby indemnify ImpacThor from any and all liability in this regard.

11.4 Your acceptance of the above limitations are essential terms of use of the ImpacThor Website, and you acknowledge and agree that ImpacThor would not have granted you access to or use of the ImpacThor Website without your agreement to these terms. If, notwithstanding the foregoing, ImpacThor is held liable by a competent body for whatsoever reason, you agree that ImpacThor’s total liability to you for any injuries, death or damages in connection with the ImpacThor Website shall in no event exceed RM 10.


12. TERMINATION


12.1 You agree that ImpacThor is entitled to terminate this Terms of Use immediately in the event that you are found to be in breach of any of the terms and conditions stipulated in this Terms of Use.


13. GOVERNING LAW


13.1 This Terms of Use shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use shall be referred to the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”), in accordance with the Rules of the KLRCA as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of the KLRCA in accordance with the Rules.

13.2 The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

13.3 If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.