Effective from: 26/02/2026
Welcome to Kindness Parcel!
PLEASE REVIEW THESE TERMS CAREFULLY BEFORE ACCESSING THIS PLATFORM. IT OUTLINES THE LEGALLY BINDING TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS PLATFORM AND INCLUDES CRUCIAL INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS.
These Terms (the “Terms”) constitute a legally binding agreement between Kindness Parcel PTE. LTD., its subsidiaries, and affiliates (“Company,” “we,” “our,” or “us“) and you (“you”, “your”, or “User”). These Terms will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between us and you for the use of our website https://kindnessparcel.com/ (“Website”), our Services and any of our other websites, mobile or digital applications, or any other services we offer from time to time by or in connection therewith (collectively referred to as the “Platform”). The Platform is owned and operated by Kindness Parcel PTE. LTD., having its registered office at 33A Pagoda Street, Singapore 059192.
The Platform provides a digital event creation and contribution facilitation service designed to enable individuals who register on the Platform (“Hosts”) to create and manage various events for specific occasions (“Events”), invite guests and participants (“Guests”), and facilitate the collection of contributions that are split between a charitable donation component and a Host gift component. Guests who receive Event invitations may access the Platform through unique Event links shared with them, without registering an Account, to view Event details, Charity information, and make contributions. The Platform acts solely as a technology facilitator that enables Hosts to organise Events and collect contributions from Guests at the Hosts’ direction (collectively the “Services”).
For the purpose of these Terms, wherever the context so requires, “you,” “your,” or “User” refers to any natural or legal person, including Hosts, their authorised users, Guests, and any other individual who accesses, and/or utilises the Platform and/or our Services. The applicability of these Terms extends to all Users regardless of the device type used for accessing our Platform, whether it be a laptop/desktop or a mobile/tablet device.
Acceptance of Terms:
These Terms constitute an electronic record and are published in electronic form in accordance with applicable laws of Singapore, including the Electronic Transactions Act, 2010. This electronic record is generated by a computer system and does not require any physical or handwritten signature. These Terms shall be legally binding upon acceptance by Users through electronic means, including access to or use of the Platform.
Our role under these Terms is limited to the administration and management of the Platform, including any Services made available to you on the Platform. You must comply with applicable laws, regulations, and policies when using our Platform and/or Services. It is your responsibility to ensure that your use of the Platform does not violate any laws or regulations in your jurisdiction.
PLEASE NOTE THAT ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM AND/OR SERVICES INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF SERVICE.
By implicitly or expressly accepting these Terms, you also accept and agree to be bound by our Privacy Policy as amended from time to time. We encourage you to read the Privacy Policy in conjunction with these Terms to better understand how you can update, manage, export, and delete your information. If you do not agree with anything provided herein, please do not use or access our Platform and/or Services.
We reserve the unilateral right to change the particulars contained in these Terms from time to time, without notice to you and in our sole discretion. If we make any such revision in these Terms, we will update the effective date above, and the revised Terms shall be effective from such date. You are required to frequently check these Terms and the effective date to understand the terms and conditions that apply to your use of our Services. Your continued use of the Platform and/or Services following such modification constitutes your acceptance of the modified Terms of Service, whether or not you have read them.
Further, we may change, suspend, and/or discontinue the Services at any time, including the availability of any feature, database, and content on the Platform. We may also restrict Users’ access to parts and/or all of the Platform without notice in the event of technical disruptions or other similar events, and we shall not be liable to the Users in such cases.
1. USER ELIGIBILITY
We welcome individuals to utilise our Services, subject to adherence to these Terms of Service. To ensure clarity, here’s who may and may not use our Services:
1.1. Eligible Users: Users utilising and registering on our Platform must:
1.1.1. be at least 18 years old and capable of entering into a legally binding agreement;
1.1.2. demonstrate the intention and capacity to utilise our Services effectively;
1.1.3. comply with the terms outlined in these Terms.
By accessing or using our Platform and Services, you represent and warrant that you meet these eligibility criteria.
1.2. Prohibited Users:
1.2.1. Individuals under 18 years old: Minors under the age of 18 are not eligible to use our Services. If you are under 18, please refrain from using our Platform.
1.2.2. Users previously barred from using the Services: Users who have been previously suspended or prohibited from accessing our Services by us or any competent authority are not allowed to use our Platform.
1.2.3. Users Engaging in Illegal Activities: Individuals or entities engaged in or intending to engage in any activity that is illegal under applicable law, including but not limited to fraud, money laundering, and terrorism financing.
1.2.4. Users with Conflicting Interests: Individuals or entities whose interests, affiliations, roles, or conduct create an actual or potential conflict of interest that may reasonably impair their ability to comply with these Terms, compromise the integrity or proper functioning of the Platform, or expose the Platform, its Users, or Charities to legal, regulatory, or reputational risk.
1.2.5. Users from Sanctioned Territories: You are prohibited from accessing or using the Platform or Services if you, or any entity you represent, are domiciled, incorporated, ordinarily resident in, or conducting business from any country or territory that is subject to financial or economic sanctions, trade embargoes, or similar restrictions imposed by Singapore under applicable law. This prohibition also applies if you are listed as a sanctioned, designated, prohibited, restricted, or denied person under any sanctions regime implemented or enforced by Singapore, or under sanctions adopted by the United Nations Security Council and applicable in Singapore.
You further represent and warrant that you are not acting on behalf of, or for the benefit of, any person or entity that is subject to such sanctions or restrictions. The Company reserves the right to restrict, suspend, or terminate access to the Platform or Services where it reasonably believes that a User is in breach of this Clause or where access or use would expose the Platform to regulatory, legal, or compliance risk. Where required by applicable law, you are solely responsible for obtaining any necessary licences, approvals, or authorisations before accessing or using the Platform or Services.
1.3. Compliance with Laws:
1.3.1. The Platform is designed for use in Singapore. All Charities made available on the Platform are Singapore-registered, and Events facilitated through the Platform are intended to have a nexus to Singapore. All Users must comply with applicable laws, regulations, and policies of Singapore when using our Platform and/or Services. It is your responsibility to ensure that your use of the Platform does not violate any laws or regulations in your jurisdiction.
2. REGISTRATION ON THE PLATFORM
3. ACCESS TO THE SERVICES
3.1. Host Access and Event Management:
3.1.1. Subject to compliance with these Terms, Hosts are granted access to the Platform’s Event-creation and management features on their dashboards (“Dashboards”) on the Platform. The Dashboards will enable Hosts to:
3.1.1.1. create and configure Events, including Event details, invitation content, and participant lists;
3.1.1.2. select a Charity from the list of Charities pre-onboarded and made available on the Platform;
3.1.1.3. determine a mandatory contribution split between a charitable donation component and a Host gift component, within the limits prescribed by the Platform;
3.1.1.4. invite Guests to participate in an event by submitting Guest contact details; and
3.1.1.5. monitor contribution status and event activity through the Host dashboard.
3.1.2. Hosts acknowledge and agree that Events created on the Platform must be celebratory in nature and intended for personal milestones or commemorative occasions. The Platform shall not be used to create or facilitate Events that are non-celebratory, need-based, or solicit contributions for personal expenses, medical treatments, surgeries, emergencies, debt repayment, business ventures, investments, or any other form of personal or commercial fundraising.
3.1.3. Access to these services is provided solely for the purpose of facilitating Events and contributions in accordance with these Terms. The Platform reserves the right to remove, disable, or restrict access to any Event where it reasonably believes that such Event is inconsistent with or violates these Terms, applicable law, or Platform policies.
3.2. Event Publication and Finality:
3.2.1. Events created by Hosts remain in draft status until explicitly published by the Host. Upon publication, the Event becomes live and accessible to Guests via a unique Event page link. The invitation emails are sent to the Guest’s contact details provided by the Hosts.
3.2.2. The Event configuration, including Event details, selected Charity, contribution split, and invitation content, becomes final and non-editable once the Event is published by the Hosts and becomes live. The Hosts can add to the Guest list till the Event comes to an end.
3.2.3. The Platform does not review, verify, or endorse Event descriptions, invitation content, wishlists, or representations made by Hosts, and Hosts remain solely responsible for the accuracy and legality of such content. All Event descriptions, invitation content, and wishlists will be part of User Content in accordance with Clause 6 of these Terms and will be governed accordingly.
3.2.4. Hosts acknowledge and agree that Events cannot be unpublished once published, and once invitations have been sent or contributions have been received, no changes to event details, charity selection, or contribution split are permitted. Hosts are solely responsible for reviewing and confirming all Event information prior to publication.
3.2.5. Hosts represent and warrant that they have obtained all necessary consents and permissions to provide Guest contact details to the Platform for the purpose of sending Event invitations.
3.3. Guest Access and Participation:
3.3.1. Guests are not required to create an Account on the Platform. Guests may access an Event through the unique Event link provided in the invitation and may view Event details, Charity information, and the applicable contribution split without making a contribution.
3.3.2. Guests may choose to make contributions without registering an Account. Guest participation is voluntary, and Guests acknowledge that any contribution is made in connection with the Event hosted by the Host, subject to the terms disclosed on the Platform.
3.3.3. Guests may receive transactional communications, such as confirmation emails or acknowledgements, in connection with their participation in an Event or contribution. The Platform does not control, edit, or customise communications initiated by Hosts and does not mediate communications between Hosts and Guests.
3.3.4. Any requests relating to Event participation, clarifications, or other Event-related matters must be directed to the Host. The Platform is not responsible for responding to, facilitating, or resolving communications or disputes between Hosts and Guests.
3.3.5. By submitting their information or making a contribution through an Event link, Guests acknowledge and consent to the processing of their personal data for the purposes of facilitating Event participation, contribution processing, and related communications, in accordance with the Privacy Policy.
3.4. Charities and Tax Treatment:
3.4.1. All charities available for selection on the Platform are Singapore-registered and pre-onboarded by the Platform. Some of these charities may also hold Institution of Public Character (IPC) status in Singapore, which, under applicable Singapore tax law, allows donors to claim certain tax deductions for qualifying donations made to them.
3.4.2. For tax purposes, the Host is treated as the donor in respect of the charitable donation component of contributions, and the Guests are contributors only and are not donors for tax purposes. Any tax receipt, where applicable, is issued by the relevant Charity to the Hosts. Insofar as applicable tax treatment is concerned, only donations made to approved IPCs may be eligible for tax deductions under Singapore law.
3.4.3. Users acknowledge and agree that receipt of any tax benefit is dependent on the charity’s IPC status and the applicable tax framework, and the Platform does not guarantee tax deductibility.
3.4.4. Users acknowledge and agree that the Platform does not issue tax receipts and does not provide tax advice, but may facilitate the forwarding of receipts received from the Charity. Please note that the tax treatment may vary based on changes in law or regulatory guidance.
3.5. Disbursement, Fees, and Refunds:
3.5.1. Following the conclusion of an Event and receipt of contributions, the charitable donation portion and the Host gift portion will be disbursed in accordance with the contribution split selected by the Host.
3.5.2. Pursuant to Clause 5 of these Terms, a fixed platform fee of six percent (6%) and applicable third-party payment processing fees will be deducted from the Host gift portion. The disbursement is typically processed within seven (7) to ten (10) business days, subject to payment processing timelines and verification requirements.
3.5.3. You acknowledge and agree that all contributions made through the Platform are final and non-refundable, except as may be expressly required under applicable law.
3.6. Verification, Availability, and Platform Discretion:
3.6.1. The Platform does not independently verify the identity, conduct, representations, or legitimacy of Hosts, Guests, Events, or Charities beyond limited onboarding or technical checks. Users acknowledge that participation in Events and reliance on Event information is undertaken at their own risk.
3.6.2. The availability of Charities, Events, features, or Services on the Platform may change at any time. The Company does not guarantee that any particular Charity, feature, or functionality will remain available for any duration.
3.6.3. Additionally, the Platform may, at its discretion, modify, suspend, freeze, or restrict access to any part of the Services for operational, legal, or security reasons. The Platform does not guarantee uninterrupted or error-free access to the Services.
4. RELATIONSHIP BETWEEN THE USERS
4.1. The Platform acts solely as a technology facilitator that enables Hosts to organise Events and collect contributions from Guests. For clarity, the Platform is not a charity, and the Platform does not solicit donations in its own name. All contributions are facilitated strictly at the direction of the Host and subject to these Terms.
4.2. The Platform does not control, direct, or supervise how Hosts organise Events, select Charities, or communicate with Guests. The Platform does not guarantee the success of any Event, the outcomes of any charitable activity, or any tax treatment beyond what is expressly stated on the Platform.
4.3. The Platform does not monitor, audit, or control how Charities utilise funds after disbursement and makes no representations regarding the use or impact of such funds.
4.4. The Platform does not endorse, verify, or assume responsibility for the content, purpose, or outcomes of any Event, including Event descriptions, invitation content, or communications created or shared by Hosts or Guests. Communications and interactions between Users occur independently of the Platform.
4.5. Any agreements, arrangements, communications, or disputes between Users (including Hosts, Guests, or Charities) are solely between the relevant parties. Users are responsible for exercising their own judgment and due diligence when interacting with other Users and for complying with applicable laws, including those relating to privacy, data sharing, and communications.
4.6. Nothing in these Terms creates any agency, partnership, joint venture, employment, or representative relationship between the Company and any User. The Company acts solely as a technology and payment facilitation service provider and does not act as a trustee, escrow agent, fiduciary, or financial intermediary for Users, notwithstanding that funds may be temporarily received, held, or processed for the limited purpose of facilitating contributions and disbursements in accordance with these Terms. The Platform does not supervise or participate in Events and disclaims responsibility for any issues arising from User conduct, including attendance, non-attendance, cancellations, miscommunications, offensive content, or disputes between Users.
4.7. Users acknowledge and agree that their use of the Platform and interactions with other Users are undertaken at their own risk. To the extent permitted under applicable law, the Company shall not be responsible for losses or claims arising from User-to-User interactions, whether online or offline.
4.8. Users shall not misuse, bypass, or circumvent the Platform or its features to avoid applicable controls, restrictions, or fees. The Company reserves the right to take appropriate action, including suspension, restriction, or termination of Accounts, in accordance with these Terms and applicable policies.
4.9. Nothing on the Platform constitutes legal, financial, tax, investment, or charitable planning advice. All information is provided on an informational basis only, and Users are solely responsible for obtaining independent professional advice where appropriate.
4.10. In the event of disputes between Users, the Platform does not mediate, arbitrate, or provide legal advice. However, the Platform may permit Users to report suspected fraud, impersonation, scams, or abusive conduct and reserves the right to review such reports and take appropriate action in accordance with its policies.
5. PAYMENT TERMS
5.1. You acknowledge that the registration and Account creation on the Platform are currently free of charge. However, the Company reserves the right to introduce paid features or pricing models in the future, including but not limited to subscription plans, premium features, add-on services, in-app purchases, or early access features, at its sole discretion. Any such changes will be communicated in advance, and no User will be charged unless they expressly opt in and agree to the applicable payment terms.
5.2. Platform Fees and Remittance:
5.2.1. You acknowledge that the Company charges Hosts a platform fee of six percent (6%) (“Platform Fee”) in connection with Events and contributions facilitated through the Platform.
5.2.2. Upon conclusion of an Event, all contributions collected shall be calculated and split in accordance with the Host’s selected contribution split. The portion allocated to the selected Charity shall be transferred to the Charity, and the remaining portion shall be remitted to the Host’s designated bank account after deduction of the Platform Fee and applicable third-party payment processing fees.
5.2.3. Hosts are responsible for providing complete, accurate, and valid bank account details or PayNow details for the purpose of remittance. Where a Host fails to provide such details within eight (8) weeks from the conclusion of an Event, the Host irrevocably forfeits any entitlement to the Host gift portion of the contributions. In such circumstances, the Company shall, without further notice or liability, transfer the entire net amount (after deduction of applicable Platform Fees and payment processing charges) to the selected Charity in accordance with the contribution split framework.
5.2.4. The Host acknowledges and agrees that failure to provide timely bank or PayNow details constitutes an instruction to allocate the remaining funds to the Charity, and the Company shall have no further obligation to remit any amount to the Host thereafter.
5.2.5. All payments are processed through the Platform’s integrated third-party Payment Processor(s).
5.2.6. The Company shall deduct applicable Platform Fees and permitted deductions at the time of settlement and remit the net payable amount to the Host in accordance with these Terms and the payment processor’s settlement schedule. Payouts are typically processed within seven (7) to ten (10) business days, subject to verification, processing timelines, and banking delays.
5.2.7. Hosts acknowledge that all payouts are net of Platform Fees, payment processing charges, chargebacks, reversals, or other amounts owed under these Terms.
5.2.8. All contributions made through the Platform are final and non-refundable, except where a refund is required under applicable law or mandated by the Payment Processor in connection with a chargeback or payment reversal.
5.2.9. If a Guest initiates a chargeback or payment reversal, the Company may recover the applicable amount from the Host by deducting it from future payouts, reversing the relevant settlement, or suspending the Host’s Account pending resolution. The Company shall not be responsible for payments that fail due to incorrect payment details, insufficient funds, bank rejections, or actions taken by the payment processor.
5.2.10. The Company reserves the right to revise the Platform Fees and/or settlement terms at any time at its sole discretion, with prior notice in accordance with applicable law.
5.3. Payment Terms:
5.3.1. You are authorised to use valid credit/debit cards or any other accepted payment methods, including online banking facilities, for transactional activities on our Platform. You are required to provide accurate and complete details of your credit/debit cards or online banking accounts. It is your responsibility to ensure the correctness of the information provided, and any incurred costs, expenses, losses, or damages resulting from the submission of incorrect details are solely your responsibility.
5.3.2. To the extent permitted under applicable law, we disclaim any responsibility and liability for any loss or damage incurred by you during the utilisation of available payment methods on the Platform. This includes but is not limited to instances such as:
5.3.2.1. Lack of authorisation for a transaction;
5.3.2.2. Exceeding the mutually agreed preset limit between you and the respective bank;
5.3.2.3. Payment issues arising from the transaction, and/or
5.3.2.4. Transaction being declined due to any other reasons.
5.3.3. All payments made against the purchases on the Platform by you shall be compulsorily in Singapore Dollars (SGD). The Platform will not facilitate transactions concerning any other form of currency with respect to the purchases made on the Platform. If you choose to pay using a different currency, the applicable conversion rate will apply, and any conversion costs will be borne by you alone.
5.3.4. Users understand that to the extent permitted by law (and unless specified otherwise by us in writing), all fees are exclusive of any taxes, levies, or duties imposed by relevant authorities (“Taxes”), and Users shall be responsible for payment of all applicable Taxes relating to their use of the Services, or to any payments made by them.
5.3.5. We use one or more third-party payment gateways or payment processing services (each, a “Payment Processor”) on the Platform. You acknowledge and agree that any payment made on the Platform shall be subject to the applicable terms and conditions and privacy policies of the relevant Payment Processor. You understand that Payment Processors and their affiliates may process your personal data in accordance with their own privacy policies, contractual terms, and legal obligations. We do not control and are not responsible for the data processing practices of Payment Processors beyond what is necessary to facilitate the relevant transaction.
5.3.6. By accepting these Terms, you expressly authorise us and the Payment Processor to electronically collect, process, facilitate, and remit payments through electronic means on the Platform.
5.3.7. You acknowledge, understand, and agree that the payment facility provided by us constitutes neither a banking nor a financial service. Instead, we function as a facilitator, offering an electronic, automated online payment and remittance facility for transactions on the Platform through the existing authorised banking infrastructure and credit card payment gateway networks. It is imperative to clarify that, in providing the payment facility, we assume neither the role of a trustee nor engage in a fiduciary capacity concerning the transaction and do not assume any trustee or fiduciary responsibilities in relation to such transactions.
5.3.8. We affirm that the information provided by you in this regard will be treated as confidential and will not be divulged to any third party, except as necessitated by the applicable laws, regulations, and/or processes of any government authority, and/or in connection with any judicial proceedings pertaining to legal actions, suits, and/or proceedings arising from or related to these Terms.
5.3.9. We diligently report and pursue both confirmed and suspected instances of credit/debit card fraud. We may request additional authorisation from you, and the decision to seek further authorisation rests solely with us. We retain the right to annul, postpone, decline delivery, or retract any transaction in case of suspected fraud. We shall not be held liable to you for any losses arising from such cancellation.
5.3.10. During the transaction process, we collect specific information such as user ID, time, date, IP address, and other relevant details aimed at identifying individuals involved in fraudulent activities. In cases where a transaction is suspected to be fraudulent, relevant records may be disclosed to law enforcement agencies or payment networks, where required or permitted under applicable laws and the credit/debit card company for a thorough fraud investigation. We are committed to collaborating with authorities to ensure the prosecution of offenders to the maximum extent permitted by law.
5.3.11. You agree not to hold us liable for payments that do not reach us because they have quoted incorrect payment information or the Payment Processor refused the payment for any other reason.
6. USER CONTENT GUIDELINES
6.1. In utilising our Platform and Services, you may provide, display, submit, or otherwise share your Personal Data and other Event-related data through the Platform (including Event descriptions, invitation content, wishlists, venue details, etc.), provide Feedback for your experience with the Platform (in written and/or audio-visual format) on the Platform, social media accounts or otherwise, link to your third-party accounts or other information as may be required to provide Services to you (collectively referred to as “User Content“).
6.2. By doing so, you provide us with a worldwide, irrevocable, non-exclusive, royalty-free license to employ, reproduce, store, and distribute User Content within the operational scope of the Platform’s functionalities and our Services. You acknowledge that we may utilise any User Content you publish on the Platform, consistent with our Privacy Policy, and you shall not be entitled to any payment or other compensation for such use.
6.3. It’s your responsibility to ensure that the User Content abides by applicable jurisdictional laws and any agreement entered into. We aren’t responsible for any harm resulting from anyone’s access, use, or downloading of User Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your mobile devices from viruses, worms, Trojan horses, and other harmful or destructive content.
6.4. User Content must comply with the Content Standards set out in this Clause. User Content must not-
6.4.1. contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
6.4.2. promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
6.4.3. infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
6.4.4. violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service, or our Privacy Policy;
6.4.5. be likely to deceive any person;
6.4.6. promote any illegal activity, or advocate, promote, or assist any unlawful act;
6.4.7. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
6.4.8. impersonate any person, or misrepresent your identity or affiliation with any person or organisation;
6.4.9. involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;
6.4.10. give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case;
6.5. You represent and warrant that you have all necessary rights, licences, consents, and permissions to upload, submit, post, transmit, or otherwise make available any User Content on or through the Platform, and that such User Content does not infringe, misappropriate, or violate any intellectual property rights, privacy rights, publicity rights, or other rights of any third party.
6.6. You further represent and warrant that, to the best of your knowledge, your User Content is lawful, accurate, non-misleading, and does not violate these Terms, applicable laws, regulations, or Platform policies. You are solely responsible for the legality, reliability, and appropriateness of any User Content you make available through the Platform.
6.7. You acknowledge and agree that the Company may disclose your identity or other relevant information to any third party who reasonably claims that User Content posted by you infringes their rights, including intellectual property or privacy rights, or where such disclosure is required or permitted under applicable law.
6.8. Without limiting the foregoing, the Company reserve the right to cooperate with any law enforcement authorities or court order that requests or directs us to disclose the identity or other information of anyone posting materials on or through the Platform. To the extent permitted under applicable law, the Company shall not be liable for any loss, damage, or claim arising from disclosures made in good faith pursuant to this Clause or in compliance with legal obligations. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
6.9. The User acknowledges and agrees that the Company may, but is not obligated to, pre-screen, review, monitor, or moderate any User Content made available on the Platform. The Company reserves the right, but not the obligation, to refuse, remove, restrict access to, or disable any User Content at any time, with or without notice, and for any reason, including (without limitation) where the Company receives claims, complaints, or allegations from third parties or authorities, or where the Company reasonably believes that such User Content violates these Terms, applicable law, or Platform policies.
6.10. The Company does not undertake to review all User Content before it is posted on the Platform and does not guarantee the prompt removal of any objectionable or unlawful material after it has been posted. Accordingly, the Company does not endorse, verify, or guarantee the accuracy, completeness, legality, or reliability of any User Content and assumes no responsibility or liability for User Content made available by any User or third party.
6.11. To the extent permitted under applicable law, the Company shall not be liable for any action or inaction taken in connection with the moderation, removal, retention, or non-removal of User Content, or for any transmissions, communications, or content provided by Users or third parties through the Platform. The Company has no obligation to any User or third party to monitor, review, or moderate User Content and shall not be responsible for the performance or non-performance of any such activities.
6.12. Feedback and Reviews:[4.1] The following terms constitute “Feedback Policy”:
6.12.1. You may submit your ratings, reviews, or other feedback (collectively, “Feedback”) to us in written or audio-visual format, and/or share such Feedback with other Users, or the public through our Platform, social media platforms, public forums, or other communication channels. If you submit Feedback, it shall be exclusively owned by our Company.
6.12.2. By providing such Feedback to us, you acknowledge and agree that it may be used by us in order to: (i) further develop, customise, and improve our Platform and Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalised platform-related notices and/or interview requests based on your ratings and Feedback or otherwise, (iv) facilitate, sponsor, and offer certain promotions, and monitor performance, (v) create aggregated statistical data and other aggregated and/or inferred information, which we may use to provide and improve our Platform and Services, (vi) enhance our data security and fraud prevention capabilities, and (vii) comply with any applicable laws and regulations, or for any other purpose.
6.12.3. We may use such Feedback for any purpose without any compensation or obligation to you. We reserve the right to post Feedback or remove any Feedback posted in our public forums for any reason at our sole discretion.
6.12.4. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third-party rights; (2) irrevocably assign to us any right, title, and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present, or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
7. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
7.1. Company’s Intellectual Property:
7.1.1. All rights, title, and interest in and to the Platform, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law, including any artwork, graphics, images, website templates, and widgets, literary work, source, and object code, tools, software, computer code (including HTML), applications, audio, music, video and other media, designs, templates, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Platform or Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Company IP”), and any derivations thereof, are owned by and/or licensed to the Company.
7.1.2. You acknowledge that no ownership of the Platform is being transferred. All rights, Intellectual Property, and interests in the Platform remain the exclusive property of the Company, its affiliates, or its licensors.
7.1.3. Subject to the provisions of these Terms, we grant you a limited, non-exclusive, non-transferable licence to access and use our Platform and/or Services strictly for their intended purposes. This licence explicitly does not confer any ownership rights to you except as otherwise stated in this Clause, and any unauthorised use constitutes a material breach of these Terms.
7.1.4. ALL COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS IN THE MATERIAL ON OUR PLATFORM ARE RESERVED.
7.1.5. All intellectual property rights arising from, developed in connection with, or resulting from the use, access, provision, or performance of the Platform or any Services, including any enhancements, updates, improvements, adaptations, or derivative works of the Company IP, shall automatically vest in and remain the sole and exclusive property of the Company. This includes any intellectual property created by, through, or in connection with the operation of the Platform, and its features offered by the Company, except as expressly provided with respect to User Content.
7.1.6. You agree not to represent, explicitly or implicitly, that you own or have proprietary rights over the Platform, the Company IP, or any part thereof. Any unauthorised use, reproduction, or misrepresentation of ownership is strictly prohibited and may result in suspension or termination of your access to the Platform, in addition to any other legal remedies available to the Company.
7.1.7. We respect the intellectual property rights of others, and you are expected to do the same. Uploading, submitting, posting, or otherwise transmitting any content that infringes on the Company’s or any third party’s intellectual property rights is strictly prohibited. We reserve the right to promptly remove any infringing content from our Platform and take legal action if necessary.
7.1.8. You are not permitted to reproduce, modify, create derivative works, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Platform, and/or Services except as expressly permitted by the Company, except as follows:
7.1.8.1. Your computer/mobile device may store copies of such materials in RAM, incidental to your accessing and viewing those materials.
7.1.8.2. You may store files that are automatically cached by your web browser/ mobile operating system for display enhancement purposes.
7.1.8.3. You may print, take a screenshot of or download a reasonable number of pages of our Platform for your own personal use and not for further reproduction, publication, or distribution.
7.1.8.4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement, if any, for such applications.
7.1.8.5. If we provide social media features with certain content, you may take such actions as are enabled by such features.
7.1.9. You must not:
7.1.9.1. Modify copies of any materials from this Platform.
7.1.9.2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
7.1.9.3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform.
7.1.10. These Terms do not convey any right or interest in or to the Company’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in these Terms constitutes an assignment or waiver of the Company’s Intellectual Property rights under any law.
7.2. Use of your Intellectual Property:
7.2.1. You retain all ownership rights in and to the User Content that you create or upload to the Platform, subject to the license granted below. However, you are responsible for ensuring that the User Content complies with Applicable Laws, including obtaining necessary permissions to collect, process, or share such information. The Company disclaims liability for any disputes arising from unauthorised use of User Content by any other User. By providing us with User Content, you grant us a worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use such materials for purposes detailed in our Privacy Policy.
7.2.2. You acknowledge and agree that if you elect to upload any User Content to our Platform, you:
7.2.2.1. represent and warrant that you either have the rights in such User Content or have the necessary permission to upload, post, transmit or otherwise make available that User Content via the Platform;
7.2.2.2. are solely responsible for that User Content and that we will not be liable for any loss, expenses, liabilities, costs, or damages that are caused by the information you provide on the Platform; and
7.2.2.3. you have procured all necessary rights from third parties, which are from time to time required in order for us to be able to provide the Platform or the Services to you.
7.2.3. You further agree that we may refer to you, your name and make reference to you as a customer of ours in any communications or publications for the purposes of marketing or promoting our business, provided that any proposed communication or reference is notified in writing to you.
8. REPORT INTELLECTUAL PROPERTY INFRINGEMENT
9. FAIR USAGE POLICY
10. ACCEPTABLE AND PROHIBITED USES
10.1. Subject to the compliance with these Terms, including the ‘Prohibited Uses‘ defined in Clause 10.6 below, we grant you a non-exclusive, non-transferable, revocable license to:
10.1.1. access our Platform and/or Services; and
10.1.2. download the User Content or any part of it, provided by you for utilising our Platform and/or Services.
10.2. Subject to compliance with these Terms, we may offer to provide the Services as more comprehensively described on the Platform. These Services, selected by you, are intended solely for your own personal or professional use and are not to be used or exploited for the benefit of any third party.
10.3. The provision of Services will be carried out on a best-efforts basis. We do not provide any warranties for the continuous availability or the accuracy of any content or User Content.
10.4. You agree to be polite and respectful when you communicate or interact with others on the Platform or otherwise. Communication must remain professional and purpose-driven. Users are prohibited from using the Platform for spamming, harassment, or unauthorised solicitation.
10.5. You agree not to compel others to create an Account, leave a review, or otherwise interact with a third-party website, application or service unless authorised by us.
10.6. Prohibited Uses:
10.6.1. While using our Platform and/or Services, you consent to abstain from activities that contravene these Terms, encompassing fraudulent acts, spamming, hacking, and any actions that could disrupt the operations of our Platform.
10.6.2. While using our Platform, you are strictly prohibited from assuming the identity of others or indulging in any conduct that may falsely represent your identity.
10.6.3. While using our Platform, you are strictly prohibited from purchasing search engines or other pay-per-click keywords (such as Google AdWords), or domain names that use the name “Kindness Parcel” or Kindness Parcel’s trademarks and/or variations and misspellings thereof.
10.6.4. You shall not edit or otherwise modify any material on our Platform unless you own or control the relevant information.
10.6.5. You are prohibited from probing, scanning, or testing the vulnerability of our Platform without our permission.
10.6.6. You agree not to publish and/or make any use of our Platform and/or Services on any website, media, network, or system other than those provided by the Company and/or frame, “deep link”, “page-scrape”, mirror, and/or create a browser or border environment around any of the Services, our Platform (or any part thereof), except as expressly permitted by the Company, in advance and in writing.
10.6.7. You are prohibited from using our Platform to copy, store, host, transmit, send, use, publish, or distribute any material that consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
10.6.8. You are prohibited from decrypting or deciphering any communications sent by or to our Platform without our permission.
10.6.9. You shall not conduct any systematic or automated data collection activities, which include, without limitation, scraping, data mining, data extraction, and data harvesting on or in relation to our Platform without our express written consent.
10.6.10. You shall not use our Platform, Services or User Content or any part thereof except by means of the public interfaces.
10.6.11. You shall not use data collected from our Platform for any direct marketing activity, including, without limitation, email marketing, SMS marketing, telemarketing, and direct mailing.
10.6.12. You agree not to remove or alter any copyright notices, watermarks, restrictions, and signs indicating proprietary rights of any of our licensors, including copyright mark [©], creative commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Services and/or Platform.
10.6.13. You must not do anything that interferes with the normal use of our Platform and/or Services.
10.6.14. You must not systematically retrieve personal data or other content from our Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
10.6.15. You must not engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.
10.6.16. You are prohibited from copying, modifying, creating derivative works of, downloading, adapting, reverse engineering, emulating, migrating to another service, translating, compiling, decompiling, or disassembling our Platform and the Services (or any part thereof), any content offered by our Platform or third party services for use and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without our prior written and specific consent and/or as expressly permitted under these Terms.
10.7. Additional activities that are prohibited:
You may not access or use our Platform and/or our Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
The Users of our Platform agree not to:
10.7.1. trick, defraud, or mislead other Users and us, especially in any attempt to learn sensitive information;
10.7.2. circumvent, disable, or otherwise interfere with security-related features of our Platform, including features that prevent or restrict the use or copying of any User Content or enforce limitations on the use of our Platform, Services and/or the User Content contained therein;
10.7.3. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;
10.7.4. use any information obtained from our Platform in order to harass, abuse, or harm another person;
10.7.5. make improper use of our Platform and/or Services or submit false reports of abuse or misconduct;
10.7.6. use the Services in a manner inconsistent with any Applicable Laws or regulations;
10.7.7. engage in unauthorised framing of or linking to the Services;
10.7.8. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any person’s uninterrupted use and enjoyment of our Platform and/or Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our Platform and/or Services;
10.7.9. attempt to impersonate another User or person or use the username of another User;
10.7.10. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’);
10.7.11. interfere with, disrupt, or create an undue burden on our Platform or the networks or services connected to them;
10.7.12. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;
10.7.13. attempt to bypass any measures of our Platform and/or Services designed to prevent or restrict access to our Platform and/or Services, or any portion thereof;
10.7.14. copy or adapt our Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
10.7.15. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses our Platform, or use or launch any unauthorised script or other software;
10.7.16. make any unauthorised use of our Platform and/or Services, including collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited emails by automated means or under false pretences.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account or your access to our Platform and/or any Services provided to you, with or without further notice to you, and without any refund of amounts paid on account of any such Services.
11. USER REPRESENTATIONS
11.1. By using our Platform and/or Services, you represent and warrant that:
11.1.1. all the information submitted on our Platform will be true, accurate, current, and complete. You will maintain the accuracy of such information and promptly update such information as necessary;
11.1.2. you have the legal capacity, and you agree to comply with these Terms. You are not a minor in the jurisdiction in which they reside and are responsible for adhering to applicable laws when accessing our Platform and utilising our Services;
11.1.3. the use of our Platform and/or Services shall be solely for the purposes of personal use;
11.1.4. you will not misrepresent or embellish the relationship between the Company and Users (including by expressing or implying that we support, sponsor, endorse, or contribute to them or their business endeavours). You will not imply any relationship or affiliation between the Company and Users;
11.1.5. You shall not access or use the Platform through automated means, including but not limited to bots, emulators, scrapers, virtual environments, or Artificial Intelligence tools, to bypass or manipulate any feature of the Platform. Any attempt to automate interactions, artificially conduct Events, extract information for illegal or unauthorised purposes or engage in any unauthorised modification of the Platform’s functionality is strictly prohibited;
11.1.6. you will not use our Platform and/or Services for any illegal or unauthorised purpose; and
11.1.7. the use of our Platform and/or Services will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, licensing, privacy, data protection, the use or provision of financial services, charity and tax laws, notification and consumer protection, unfair competition, and false advertising).
12. COMPANY RESPONSIBILITY FOR THIRD-PARTY WEBSITE INTEGRATIONS
12.1. You understand and acknowledge that we provide various tools, software, and integration services to you through third-party service providers on our Platform. You acknowledge that in integrating such tools and integration services, our Platform collaborates with the related third-party service providers, and the Company in itself is not the distributor or retailer.
12.2. You understand that to make use of tools, advertisements, and integration services, you may need to access the third-party website links provided by us on our Platform. You will then be redirected to the website of such third-party service providers. You hereby acknowledge that when you access third-party websites, you do so at your own risk.
12.3. You may be notified when you are leaving our Platform and redirected to access a third-party site or service. Additionally, we are not responsible for any content, advertisements, products, or other materials available on external sites or through integrated services.
12.4. You understand that external websites are beyond our control, and we are not accountable for the content, functionality, accuracy, legality, appropriateness, or any other aspect of such external websites or resources.
12.5. We do not employ or affiliate with these third parties. We simply offer a directory for your reference, and the decision to engage with any such third party is solely at your discretion. We do not endorse, warrant, or assume any responsibility for the services, websites, or businesses of these third parties. The information provided on the Platform or in any responses to inquiries about such third parties is for informational purposes only and should not be interpreted as an affiliation, recommendation, or endorsement of any third party or their services.
12.6. You acknowledge and agree that any issues or non-performance of such services will be addressed on a best-effort basis, subject to the pass-through obligations as agreed with the external/third-party service providers.
12.7. You are advised to exercise caution when navigating external websites and using the tools and integration services, and carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit. Please read our Privacy Policy to learn more about integrations with third-party service providers.
12.8. We reserve the right to modify or remove links to third-party websites and services at any time without notice. Continued use of our Platform constitutes acceptance of any modifications to the links provided.
12.9. You acknowledge that we collaborate with external or third-party service providers to enhance the user experience. Any collaborative efforts aim to improve services but are subject to the terms and conditions agreed upon with the respective service providers.
13. SECURITY OF THE INFORMATION COLLECTED
13.1. Please take a moment to review our Privacy Policy, which governs not only Users’ visits to our Platform but also details the terms related to the collection of information from the Users, security measures, access to User data, and the transfer of User information. Rest assured, any Personal Data Users share with us while using our Platform is treated with the utmost confidentiality and is strictly handled in accordance with our Privacy Policy and applicable data protection laws. If any User has any objections to the transfer or use of their information, we kindly advise against using our Platform. The privacy and trust of our Users are of utmost importance to us, and we strive to maintain the highest standards of data protection and security.
13.2. You agree that by using our Platform and/or Service, you hereby agree to comply with all applicable data protection laws and other security and regulatory compliances in respect of any information that you make available on the Platform or otherwise collect from other Users of the Platform. You are responsible for protecting all Personal Data that you receive from or are provided with in connection with your use of the Platform or any of the Services.
14. AVAILABILITY OF THE PLATFORM AND THE SERVICES
14.1. While we do our best to keep the Platform and Services up and running all the time, we can’t promise it will always be perfect. Sometimes, there might be interruptions, delays, errors, or the Platform might not be free of viruses. If there are any problems, we’ll try our best to fix them as soon as possible.
14.2. We strive to ensure compatibility with most devices, operating systems, and browsers, but we can’t guarantee flawless performance across all platforms. Periodic Updates or maintenance may be necessary, which could temporarily affect access to certain features or parts of the Platform.
14.3. You need an internet connection to use the Platform, and you are responsible for ensuring that your devices and connectivity are sufficient. We’re not responsible for any internet or data charges you may incur, including those from mobile networks or Wi-Fi providers.
14.4. You acknowledge and agree that we’re not liable for any business losses or other indirect losses you might experience while using our Platform.
15. MODIFICATIONS AND INTERRUPTIONS ON THE PLATFORM
We reserve the right to change, modify, or remove the contents from the Platform and/or Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to our Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the content and information on the Platform and Services at any time or for any reason without any notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform and/or Services during any downtime or discontinuance of the Platform. Nothing in these Terms will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.
16. TERMINATION
16.1. These Terms shall remain in full force and effect while you use the Platform and/or Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES AND/OR PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE, ACCESS, OR PARTICIPATION IN THE SOFTWARE AND/OR SERVICES AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
16.2. If we terminate or suspend your access to our Platform or your Account for any reason, you are prohibited from accessing the Platform under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your access, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.
16.3. The Company reserves the right, in its sole discretion, to terminate or suspend your Account/access to the Platform or Services, remove content, or disable any features or identifiers (whether chosen by you or assigned by us) at any time, at any time and for any reason, including but not limited to:
16.3.1. breach of any provision of these Terms, including failure to comply with the usage restrictions, including but not limited to licensing terms, Fair Usage Policy, user obligations and representations, or intellectual property rights;
16.3.2. violation of any applicable law, regulation, or third-party rights, including any infringement of intellectual property or unauthorised access to or use of the Platform;
16.3.3. security concerns or breach of security, including unauthorised access or distribution, hacking, or data breach activities;
16.3.4. unauthorised or fraudulent activity related to the Platform and/or Services;
16.3.5. non-compliance with third-party license agreements, open-source software components, or other incorporated software that may apply;
16.3.6. any other conduct deemed harmful to the Company, the Platform, or its Users.
16.4. Upon termination, whether by the Company or you, all rights granted to you under this Agreement shall immediately terminate, and you shall cease all use of the Services and Platform. You will lose access to your Dashboard, Event history, or any stored information. Pending Events may be cancelled at the Company’s discretion.
16.5. Where a User’s Account or access to the Platform is suspended or terminated for any reason, including but not limited to breach of these Terms, violation of applicable law, regulatory or compliance concerns, or misuse of the Platform, and where any contributions in connection with an Event remain pending, unsettled, or undistributed at the time of such suspension or termination, the User irrevocably forfeits any entitlement to the Host gift portion of such contributions. In such circumstances, the Company shall, without further notice or liability, transfer the entire net amount (after deduction of applicable Platform Fees and payment processing charges) to the selected Charity in accordance with the contribution framework. The User acknowledges and agrees that no amount shall thereafter be payable or refundable to the User, and the Company shall have no further obligation in respect of such funds.
16.6. We may terminate these Terms by providing written notice to you if you fail to remedy a material breach of these Terms within seven (7) days of being notified of the breach. For the avoidance of doubt, the foregoing cure period shall not apply where immediate termination or suspension is warranted in the Company’s reasonable judgment, including in cases involving fraud, illegality, regulatory risk, security concerns, or violations of applicable law.
16.7. You have the right to terminate your use of the Platform and Services at any time, without penalty. However, termination by you does not relieve you of any liability or obligations incurred prior to termination, including payment obligations or indemnity responsibilities.
16.8. Clauses including Indemnity, Disclaimer, and Limitation of Liability shall survive termination of these Terms.
17. DISCLAIMERS
17.1. THE PLATFORM AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY PLATFORMS OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, AND (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
17.2. We make no guarantees, representations, or warranties that your registration, participation in scheduled Events, use of the Platform, or engagement with other Users will result in any particular level of contributions, fundraising success, charitable impact, event outcome, personal benefit, or financial result, or any other desired outcome.
17.3. The Platform does not control, direct, or supervise how any Charity uses funds after disbursement. All contributions are transferred to the selected Charity in accordance with the contribution split chosen by the Host and are applied to the Charity’s general funds, unless otherwise expressly determined by the Charity in accordance with its internal policies and applicable law.
17.4. Users acknowledge and agree that contributions made through the Platform are not earmarked for any specific project, purpose, or activity of a Charity, and neither the Platform nor the Host has any authority to direct, restrict, or influence how a Charity applies such funds. The listing of a Charity on the Platform does not imply that contributions will be applied to any particular programme or initiative. Any use, application, or management of such funds is solely the responsibility of the relevant Charity. The Platform makes no representations or warranties regarding the utilisation, effectiveness, or outcomes of charitable activities funded through the Platform.
17.5. While the Platform may undertake basic onboarding or verification checks in respect of Charities made available for selection, such checks are limited in scope and are not intended to constitute legal, financial, or regulatory due diligence. Hosts remain solely responsible for conducting their own independent assessment of any Charity they select, including its registration status, eligibility for tax treatment, governance, and compliance with applicable laws.
17.6. The Platform is not a bank, financial institution, or money services business. The Platform does not provide anti-money laundering, counter-terrorism financing, or financial compliance services on behalf of Users. Users agree not to use the Platform for any unlawful, fraudulent, or illicit purposes, including money laundering, terrorist financing, or sanctions violations. The Platform reserves the right to suspend Events, Accounts, or disbursements where suspicious or unlawful activity is suspected, and to cooperate with authorities as required by applicable law.
17.7. Certain information, descriptions, images, or other content available on the Platform may be provided or curated by Charities or Hosts. The Platform does not verify, endorse, or guarantee the accuracy, completeness, or reliability of such content and shall not be responsible for any errors, omissions, or representations contained therein. Any reliance on such content is undertaken at the User’s own risk.
17.8. The Platform operates as a technology facilitator and endeavours to conduct its operations in accordance with applicable laws and regulations in Singapore. However, Users acknowledge and agree that compliance with laws governing charitable fundraising, solicitation, taxation, data protection, and communications remains their own responsibility. The Platform does not provide legal, tax, or regulatory advice and does not assume responsibility for ensuring User compliance with applicable charitable or fundraising regulations.
17.9. Any references to tax treatment, deductibility, or charitable status are provided for general informational purposes only. The availability of tax benefits depends on the Host’s individual circumstances, the applicable law, and the status of the selected Charity at the relevant time. Users acknowledge and agree that only the portion of a contribution allocated to the Charity may be eligible for tax deduction under applicable law, and that the portion allocated to the Host as a gift is not tax deductible. The Platform does not guarantee eligibility for tax deductions and does not provide tax advice. Users are responsible for consulting their own professional advisors regarding tax matters.
17.10. Contributions facilitated through the Platform are processed via third-party payment processors and may be temporarily received and held by the Platform solely for the purpose of facilitating settlement and disbursement in accordance with the selected contribution split and these Terms. The Platform does not hold funds in escrow for the benefit of any User or Charity and does not act as a trustee, fiduciary, custodian, or escrow agent with respect to such funds. No trust, escrow, custodial, or similar relationship is created between the Platform and any User or Charity by virtue of the temporary holding or processing of funds.
17.11. You must exercise caution when interacting with individuals attempting to contact you via social media, phone, email, or any other electronic medium outside of the official communication channels of the Platform. You agree to remain vigilant against fraudulent or misleading offers from persons falsely claiming to represent, work with, or be affiliated with us, particularly if contacted from unofficial phone numbers, email addresses, or accounts. Before engaging with such individuals, you are solely responsible for verifying their authenticity using the official contact details provided on the Platform. We shall not be liable for any losses, damages, or consequences resulting from interactions with unauthorised persons or third-party solicitations.
17.12. You understand and agree that utilising Services and engaging with third-party services through the Platform involves inherent risks. We cannot ensure specific outcomes from such interactions and usage. Therefore, you assume all associated risks, liabilities, and potential harm that may arise from these interactions. These risks include, but are not limited to, misrepresentation of information by third-party services, breaches of warranty or contract, rights violations, and any resulting claims or consequences.
17.13. Except as provided in these Terms, no further warranty, condition, undertaking, or term, express or implied, statutory or otherwise, as to the condition, quality, performance, or fitness for the Platform provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded; and
17.14. We do not recommend the use of the Platform for hosting personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
18. LIMITATION OF LIABILITY
18.1. In no event shall the Company, its directors, officers, employees, agents, or service providers be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation loss of profits, loss of revenue, loss of goodwill, loss of data, or business interruption, arising out of or relating to your access to or use of (or inability to access or use) the Platform or Services, even if the Company has been advised of the possibility of such damages.
18.2. Without limiting the foregoing, the Company shall not be liable for:
18.2.1. unsuccessful transactions, delays, or financial losses due to events beyond our control or third-party services;
18.2.2. the Platform, not meeting individual requirements, containing defects, or causing damage due to cyber attacks or other breaches beyond our control;
18.2.3. internet transmissions, which are not entirely private or secure; messages may be read by others; and/or
18.2.4. any reliance placed by you on content, Events, Charities, or interactions with other Users.
18.3. To the extent that the Company is held liable notwithstanding the foregoing exclusions, the Company’s aggregate liability to you for any and all claims arising out of or relating to the Platform or Services shall not exceed the total Platform Fees actually paid by you to the Company in the three (3) months preceding the event giving rise to the claim, or SGD 100, whichever is lower.
18.4. You acknowledge and agree that the above limitations of liability represent a reasonable allocation of risk and form an essential basis of the bargain between you and the Company. You further agree that these limitations shall apply even if any limited remedy fails of its essential purpose.
18.5. Nothing in these Terms shall exclude or limit liability for fraud, wilful misconduct, or any liability that cannot be excluded or limited under applicable law.
18.6. Limitation of Liability for Data Loss:
18.6.1. You acknowledge and agree that, to the extent permitted by applicable law, the Company shall not be held liable for any loss, corruption, or unauthorised access to User data, including but not limited to any User Content uploaded, submitted, or transmitted through our Platform and/or Services. We implement robust security measures to protect data; however, we cannot guarantee absolute security.
18.6.2. In the event of data loss, corruption, or breach, the Company will take reasonable steps to restore data from the latest backup. Users understand and agree that it is their responsibility to maintain adequate backups of their data. The Company disclaims any liability for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to data loss, regardless of whether such damages were foreseeable and whether or not the Company has been advised of the possibility of such damages.
18.6.3. By using our Platform and/or Services, you expressly release the Company from any liability for data loss and agree to indemnify and hold us harmless from any claims, damages, or losses resulting from data loss.
19. INDEMNIFICATION
You are solely and exclusively responsible for the utilisation of our Platform and/or Services:
19.1. To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand received or suffered by us, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
19.1.1. any User Content, Event details, descriptions, invitations, communications, or other materials created, submitted, posted, transmitted, or made available by you through the Platform;
19.1.2. your access to or use of the Platform or Services, including your participation in or organisation of any Event;
19.1.3. any unauthorised access to or use of your Account resulting from your failure to safeguard login credentials or from your sharing of access with third parties;
19.1.4. breach of these Terms, Fair Usage Policy, our Privacy Policy or any terms outlined in other policies;
19.1.5. any breach of obligations, representations and warranties set forth in these Terms;
19.1.6. your violation of the rights of a third party, including but not limited to intellectual property rights, privacy and data protection rights;
19.1.7. any fraudulent, deceptive, abusive, or unlawful conduct, including attempts to manipulate Platform functionality or evade applicable controls, fees, or safeguards;
19.1.8. any overt harmful act toward any other User of our Platform with whom the User connected via our Platform;
19.1.9. any chargebacks, payment reversals, disputed transactions, or payment-related claims attributable to you or your use of the Platform;
19.1.10. any misrepresentation, improper solicitation, or dispute relating to Events, contribution splits, charitable purposes, or the use or disbursement of funds;
19.1.11. your failure to obtain necessary consents or permissions in relation to Guest data, invitations, communications, or personal data processing; and/or
19.1.12. your violation of any applicable laws or regulations, including data protection, consumer protection, anti-spam, or fundraising-related laws.
Notwithstanding the foregoing, the Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification under this Clause. You agree to cooperate fully, at your expense, in the defence of any such claim. The Company will use reasonable efforts to notify you of any claim subject to indemnification upon becoming aware of it; however, failure to provide such notice shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced by such failure.
20. DISPUTE RESOLUTION AND GOVERNING LAW
20.1. You expressly acknowledge and agree that we shall have the right to enforce these Terms against you.
20.2. These Terms shall be construed in accordance with the applicable laws of Singapore.
20.3. In the event a dispute or difference arises in connection with (i) these Terms and Privacy Policy, and (ii) your access to or use of our Platform and/or Services (a “Dispute”), the parties shall attempt in the first instance to amicably resolve such Dispute through mutual consultations.
20.4. If the Parties fail to resolve the Dispute by mutual negotiation and consultation within a period of thirty (30) days, you agree to submit the dispute to the arbitration for determination administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Rules of Arbitration of SIAC, prevailing as on the date of initiating arbitration. The arbitral tribunal shall consist of a sole arbitrator who shall be appointed by SIAC in accordance with its Rules.
20.5. The seat of arbitration shall be ___________. The language of the arbitration shall be English.
20.6. The decision of the arbitrator shall be final and binding. The costs of arbitration, including the fees of the arbitrator, shall be borne equally by the parties involved, unless otherwise determined by the arbitral tribunal.
20.7. Notwithstanding the foregoing, nothing in this Clause shall prevent the parties to the Dispute from seeking relief before the Singapore Small Claims Tribunals or any other statutory forum where such relief is mandatorily permitted under applicable law and cannot be excluded by agreement.
20.8. Notwithstanding the above, the Company shall be entitled to seek interim, injunctive, or equitable relief (including for misuse of the Platform, intellectual property infringement, fraud, or breach of these Terms) before any court of competent jurisdiction, without being required to first initiate arbitration. Any proceedings initiated by you outside arbitration (where permitted by law) shall be subject to the exclusive jurisdiction of the courts of __________.
21. NO CLASS ACTIONS
UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW IN YOUR JURISDICTION, YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
22. MISCELLANEOUS
22.1. You understand that we will not be liable to you if we are prevented from, or delayed in, providing the Services due to acts, events, omissions, or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence the provision of the Services as soon as reasonably practicable.
22.2. We may assign any or all of our rights and obligations to any person or affiliate entity at any time. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.
22.3. You acknowledge that there is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Services.