1. Agreement

1.1 This website, https://events.rayofhope.sg/, is provided by the Ray of Hope Initiative Limited (registration number 201229333H) (hereinafter referred to as “ROH”). ROH is a non-profit organisation and a full member of National Council of Social Service.

1.2 These terms and conditions (the “Terms”) are divided into 3 parts, and constitute a contract between you and ROH:

(a) Part 1 (clauses 1 to 17.3) sets out terms and conditions that governs your access and use of the Website, including if you create and/or post a Page on the Website and/or make any donations and/or payments through the Website;

(b) Part 2 (clauses 18 to21.4) sets out additional terms and conditions that apply if you create and/or post a Page on the Website; and

(c) Part 3 (clauses 22 to 22.7) sets out additional terms and conditions that apply if you make any donations and/or payments through the Website.

1.3 By accessing and/or using the Website, creating a Page on the Website, and/or making any donations and/or payments through the Website:

(a) you are declaring that you have read, understood, and agreed to the Terms that may be issued by ROH from time to time;

(b) you agree to be bound by and to fully observe and comply with the Terms that may be issued by ROH from time to time; and

(c) you are deemed to have agreed to and be bound by the Terms that may be issued by ROH from time to time.

1.4 The Terms may be amended or supplemented from time to time by ROH unilaterally, and at its sole discretion, by posting a revised set of Terms on the Website. Your continued access or use of the Website, which includes the making of any donations and/or payments and/or keeping your Page on the Website, following the posting of any changes or modifications, will constitute your acceptance of such amendments or supplements to the Terms.

1.5 If you do not wish to be bound by the Terms, you should not continue to use or access the Website, create and/or keep any Pages on the Website, and/or make any donations and/or payments through the Website.

1.6 No rule of construction shall apply to the disadvantage of ROH because ROH was responsible for the preparation of the Terms and/or any part of them.

1.7 Headings are inserted for convenience and do not affect the interpretation of the Terms.

2. DEFINITIONS AND INTERPRETATION

2.1 In these terms, unless the context requires otherwise:

(a) “Applicable Laws” means any statutes, laws, rules, regulations, codes and ordinances, any judicial or administrative court rulings or judgments, of any country, that are applicable to you and/or ROH;

(b) “Content” or “Contents” means any data and/or information that is available, accessible or stored in the Website in an electronic form, including, without limitation, any information, advertisements, documents, text, files, photographs, images, sounds, moving images and videos;

(c) “Confidential Information” means the non-public, confidential, secret or proprietary material and information relating to ROH that has been or may be, directly or indirectly, disclosed to, or come into the possession or knowledge of you, whether in verbal, written, graphic, electronic or other form, in connection with or as a result of entering into the Terms.

(d) “Page” means a fundraising campaign that is created and/or posted by you on the Website;

(e) “Intellectual Property Rights” means any and all rights existing from time to time (both current and future) under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, or capable of protection in any relevant country in the world;

(f) “person” includes an individual, a firm, a body corporate, a partnership, joint venture, an unincorporated body or association, or any government agency, and includes a reference to the person’s executors, administrators, successors, substitutes (including, without limitation, persons taking by novation) and assigns;

(g) “personal data” means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organisation has or is likely to have access;

(h) “User Account” means an account that is created by you on the Website, and which is protected by a password chosen by you, in order to access and use the certain functionalities, features, or services provided by the Website, including but not limited to creating and posting Pages;

(i) “You” or “you” means a user or viewer of the Website and refers to the individual user or viewer and/or the entity that the individual represents; and

(j) “Website” means the website with the URL “https://events.rayofhope.sg/” and any of the webpages therein, and also includes any Content, functionality, feature, or services provided therein.

3. USER ACCOUNT

3.1 In order to access and use the functionalities, features, and services of the Website, including but not limited to the creating and/or posting of Pages, you are required to create and log in to a User Account which will be protected by a password chosen by you. In order to create a User Account, you must provide the necessary information required, which you warrant to be true, accurate and current. If ROH discovers that the User Account information you have provided ROH is/are not true or current, ROH is entitled to immediately suspend or terminate your access to or use of your User Account and the various functionalities, features, and services of the Website which are accessible only to users with valid User Accounts.

3.2 You acknowledge and agree that you are responsible for maintaining the confidentiality, safekeeping and security of your User Account details, including any passwords that may be used to access your User Account. You must promptly notify ROH at events@rayofhope.sg if you know or suspect that your password or User Account has been compromised.

3.3 Without prejudice to the foregoing, you shall be solely liable and responsible for any activity conducted through your User Account or using your User Account information. You acknowledge that ROH has no obligation to and does not have the means to verify the identity of the party using your User Account information or your username and password on the Website and you agree that ROH will not be responsible, in any way whatsoever, for losses or damages suffered by you or any third party if there is any unauthorised use of your User Account, username or password.

3.4 ROH has the right, at its sole and absolute discretion, to immediately cancel or suspend your User Account, and/or delete any Page, without giving any notice to you, for any or no reason whatsoever, including but not limited to if you breach the Terms.

4. USER CONDUCT AND WEBSITE USAGE

4.1 You agree to use the Website and its associated functionalities, features, or services in a responsible and legal manner. In particular, but without limitation:

(a) it is your responsibility to ensure that any Contents that you upload, create and/or post on your Page, in particular any photographs or images, do not infringe any third party’s Intellectual Property Rights. If such Content that you are uploading, creating, and/or posting on your Page belongs to a third party, you must obtain the relevant owner’s written consent to use it in full compliance with Applicable Laws. You shall, at ROH’s request, provide ROH with documentary evidence of such written consent. ROH reserves the right and you agree that ROH has the right, to remove any Content from Pages, at ROH’s sole and absolute discretion and without giving any notice to you: (i) for any or no reason whatsoever, and/or (ii) if ROH is not satisfied that you have obtained the necessary rights or permissions to post such Content; and

(b) notifying ROH via email at events@rayofhope.sg if you suspect a breach of any third party’s Intellectual Property Rights on the Website.

4.2 If you will be using the Website on behalf of an entity (such as on behalf of your employer or principal), you agree to the Terms on behalf of that entity and its affiliates, and you represent that you have the authority to do so.

4.3 You agree that you will:

(a) not remove or change anything on the Website, save for the Contents of your Page;

(b) not misrepresent your identity or affiliation with any other person, or organisation;

(c) ensure that if you are representing a corporate entity, the individual(s) applying for, accessing, and/or managing the User Account on behalf of you is your authorised representative;

(d) not use the Website and/or the Page to send junk email or “spam” to people who do not wish to receive emails from you;

(e) not use the Website and/or the Page to conduct, display, or forward surveys, raffles, lotteries contests, pyramid schemes or chain letters;

(f) not reproduce or make any copies of the Website and/or any Contents in or on the Website, in whole or in part, including any software therein, except with the prior written consent of ROH;

(g) not use the Website to facilitate or participate in any illegal activity or engage in any activity that ROH, in its sole and absolute discretion, considers to be inappropriate;

(h) not copy, modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website and/or its source code, or attempt to do the same;

(i) not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, including but not limited to attempting to bypass the network firewall or any features that: (i) are designed to verify the identity of a visitor / user of the Website; (ii) prevent or restrict the access to or use of any particular functionalities of the Website; (iii) prevent or restrict the access to, use of, or the copying of any Content that is made available or accessible through the Website;

(j) not access or use any part of the Website which you are not authorised to use or devise ways to circumvent security in order to access part of the Website which you are not authorised to access. This includes but is not limited to scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access to such parts of the Website which you are not authorised to access or use;

(k) not delete any trade marks, signs, logos, trade names used by ROH, and/or other proprietary rights notices that is/are displayed on the Website therein;

(l) not use the Website for any purpose that is unlawful or prohibited by these Terms, and/or by Applicable Laws;

(m) not use the Website in any manner that could damage, disable, overburden, or impair the operation of the Website provided therein, or interfere with any other persons’ access to and use of the Website;

(n) ensure that all equipment used to access the Website are well maintained and free from computer viruses and programmes of any kind which may cause harm or damage, including but not limited to use of updated anti-virus programs to prevent such equipment from acquiring and transmitting such viruses or programmes;

(o) not use any device, software or routine, including, but not limited to, any viruses, trojan horses, worms, time bombs or cancel bots intended to damage or interfere with the proper working of the Website provided therein and/or to intercept or expropriate any Content, system, data or personal data from the Website; and/or

(p) not transmit any Content of any type that: (i) infringes or violates any rights of any person or entity; (ii) is false, racist, offensive, defamatory, inaccurate, misleading or fraudulent; and/or (iii) violates any Applicable Laws. While ROH is not obliged to actively edit or monitor the Website, ROH has the right to remove or edit any Content created and/or posted on the Website and/or the Page at ROH’s sole discretion and without notice. If you notice any such Content on the Website, please send ROH a message at events@rayofhope.sg.

4.4 ROH has, at its sole and absolute discretion, the right to immediately and indefinitely restrict your access to and use of the Website and/or your User Account, including but not limited to if it suspects that you have breached Clauses 4.1, 4.2, and/or 4.3.

5. Disclaimer of warranties and liability

5.1 You acknowledge and agree that the Website (including all Contents and Pages (whether verified or unverified) therein) are provided on an “as is,” “as available” basis without warranties of any kind, whether expressed or implied, including but not limited to, warranties of title, merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. Without limiting the generality of the foregoing, ROH expressly disclaims any warranty, condition, guarantee, term or representation as to the reliability, accuracy, timeliness, completeness, and validity of any Content on the Website, including but not limited to any Pages (whether verified or unverified) and/or any information, Content or material relating to ROH, and ROH does not provide any warranty, condition, term or representation that the functionalities and features available on the Website will be secure, uninterrupted or error-free, or that any defects will be corrected. Any and all such warranties, conditions, terms and representations are specifically excluded.

5.2 ROH assumes no responsibility for errors or omissions in the Content on the Website, including but not limited to any Pages (whether verified or unverified) and/or any information, Content or material relating to ROH, including factual or other inaccuracies or typographical errors. You wholly assume all risks in your access and use of the Website. Hence, ROH does not warrant, and ROH also excludes all liability in respect of:

(a) the accuracy, completeness, fitness for purpose or legality of any information published by ROH through the Website, or that is communicated to you relating to the Website and/or any Pages (whether verified or unverified);

(b) the Website (including any Contents therein) in respect of their quality, usability, fitness for purpose or any other aspect thereof; and

(c) any of the information, data, materials or facilities contained or incorporated in or on the Website, and/or the accuracy of the same.

5.3 ROH, and any third parties (as the case may be) who make their software available in conjunction with or through the Website disclaim any warranties regarding security, reliability, timeliness, and performance of the Website. You further understand and agree that your access and use of the Website is at your own discretion and risk and that you will be solely responsible for any loss or damages to yourself, to your mobile device system or computer or loss of data that results from your access and use of the Website.

5.4 ROH, its officers and employees will not be held liable for any death, personal injury, illness, or property damage that may result from your participation and/or attendance at any activity or event publicised on the Website.

5.5 ROH does not guarantee, represent, or warrant that:

(a) the Website will be free from viruses or error free;

(b) you will be able to access the Website or that access to the Website will be uninterrupted;

(c) the Website and any Content contained therein will meet your requirements or be fit for your purposes, whether or not such requirements or purposes have been informed to ROH or otherwise; and/or

(d) any information provided via the Website is accurate.

5.6 You acknowledge that your access and use of the Website presents the possibility of human and machine errors, inaccuracies, omissions, delays, and losses, including the inadvertent loss of data which may give rise to loss or damage suffered by you, and you agree and undertake that you shall not hold ROH liable in any way whatsoever for the said loss or damage.

5.7 To the extent permitted by law, you agree that ROH shall not be liable to you in contract, tort (including negligence or breach of statutory duty), or otherwise howsoever and whatever the cause thereof, for any:

(a) loss of your data whatsoever;

(b) loss of funds from donations and/or payments, including but not limited to as a result of any hacking or theft that was carried out on ROH; and

(c) indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with your use of the Website (including loss or damage caused by viruses or other technologically harmful material that may infect your computer due to your use of the Website), your creating and/or posting of Pages, and/or your donations and/or payments through the Website. For the purposes of this clause, indirect or consequential loss or damage includes, without limitation, loss of existing or anticipated revenue or profits, anticipated savings or business, loss of data or goodwill, business interruption, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.

5.8 You agree to release and forever discharge and hold harmless ROH, its officers and employees from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from your participation and/or attendance at any activity or event publicised on the Website.

5.9 Where ROH’s liability is not expressly excluded under these Terms, or under any Applicable Laws, ROH’s liability to you in contract, tort (including negligence) or otherwise howsoever and whatever the cause thereof, arising by reason of or in connection with these Terms, and/or the Website (including the Contents therein), shall be limited to the aggregate sum of SGD 1000.

6. Intellectual Property

6.1 You acknowledge and agree that ROH or third parties that ROH deals and/or collaborates with in relation to the Website (as the case may be) own all rights, titles, and interests in and to the Website, Content (except for the Content that was provided by you to ROH), and the Intellectual Property Rights in the Website, including but not limited to the software relating thereto, and you shall not do or permit any act which is directly or indirectly likely to prejudice the rights, titles or interests of the said rightful owner(s) in and to any of the aforesaid.

6.2 Unless otherwise expressly permitted by mandatory Applicable Laws, you agree not to modify, adapt, translate, prepare derivative works from, or decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Website.

6.3 Without prejudice to the generality of the foregoing, you shall not use in any way and shall not reproduce any Content (except for the Content that was provided by you to ROH), trademarks, and/or Intellectual Property contained in the Website that are associated with ROH and/or that you had sight of when accessing and using the Website, without ROH’s prior written approval. Inquiries and permission requests may be submitted via email to events@rayofhope.sg.

6.4 You also undertake that you will not use, and will not allow the use of any Intellectual Property (including trademarks) that are associated with ROH and/or are on the Website, in any of the following ways:

(a) as part of any corporate or legal business name, which you are connected with, involved in or participating in;

(b) in connection with any of your services or activities;

(c) as part of any domain name, homepage, electronic address, metatag, or otherwise in connection with the Internet or a website; and

(d) with any prefix, suffix, or other modifying words, terms, designs, or symbols.

6.5 You agree and undertake that:

(a) all rights, title, interest and any goodwill in any of the Intellectual Property (including trademarks) that are associated with ROH and/or that you had sight of when accessing and using the Website, or any derivatives thereof, belong exclusively and wholly to ROH and that you shall not under any circumstances gain any right to or interest or goodwill in any of the Intellectual Property that are associated with ROH and/or that you have sight of when accessing and using the Website or any derivatives thereof independently of ROH; and

(b) you shall not register domain names associated with or including the any of the trademarks that are associated with ROH and/or that you had sight of when accessing and using the Website, or any derivatives thereof, or any name that is confusingly similar to any of them including any visual or phonetic equivalent or other derivation thereof (hereinafter referred to as “Domain Names“) and that ROH shall retain at all times all legal and beneficial rights, title and interest in the Domain Names.

6.6 You hereby grant to ROH a worldwide, non-exclusive, irrevocable, perpetual, sub-licensable and royalty-free licence (the “Licence”) to use, disclose, publish, communicate to the public, adapt, modify, process, host, reproduce and deal in any Content, information, materials, Intellectual Property rights and/or data that you upload, create, and/or post on the Website and/or provide to ROH, in any way whatsoever as determined by ROH in its absolute discretion, for:

(a) the purpose of and/or in any fundraising campaigns, whether now or in the future;

(b) the business and/or operations of ROH; and/or

(c) and for promotional and marketing purposes, including the promotion of ROH’s own fundraising campaigns and events.

6.7 You agree, represent, and/or warrant to ROH that:

(a) you have the right to grant the Licence;

(b) the Licence survives termination of this agreement without limit in point in time;

(c) your uploading, creating and/or posting of such Content, information, materials, Intellectual Property Rights and/or data on the Website, and/or the provision of the same to ROH and ROH’s subsequent use of and dealings with such Content, information, materials, Intellectual Property Rights and/or data pursuant to the Licence, does and will not infringe any third-party rights, including but not limited to Intellectual Property Rights of any third party.

7. Personal Data Protection

7.1 ROH collects information about you when you use the Website, ROH’s online products and services, and throughout other interactions and services you have with ROH. Personal data which ROH may collect include but is not limited to your name, email address and contact information.

7.2 You agree that ROH may collect, use, disclose and/or process your personal data, as set out in ROH’s Privacy Policy, which can be accessed at “https://rayofhope.sg/privacy-policy” (“ROH’s Privacy Policy”). You acknowledge that you have read and agree to ROH’s said Privacy Policy.

7.3 You acknowledge and agree that your personal data may also be disclosed to the creators of Pages, the beneficiaries of your donations and/or payments, third party service providers, agents and/or affiliates or related corporations, and/or other third parties, whether sited in Singapore or outside of Singapore, for one or more of the purposes set out in ROH’s Privacy Policy and/or to facilitate the processing of funds donated through this Website.

7.4 You represent and warrant that for personal data of any third-party individuals that you disclose to ROH or that you disclose to ROH in the course of accessing and using your User Account (if applicable) and/or accessing and using the Website, that you have, prior to disclosing such personal data to ROH, obtained consent from the individuals, whose personal data are being disclosed, to:

(a) permit you to disclose the individuals’ personal data to ROH for the purposes as set out in ROH’s Privacy Policy and/or to facilitate the processing of funds donated through this Website;

(b) permit ROH to collect, use, disclose and process the individuals’ personal data for the purposes as set out in ROH’s Privacy Policy and/or to facilitate the processing of funds donated through this Website, including disclosing the said personal data to ROH’s third party service providers or agents, which may be sited outside of Singapore; and

(c) permit such third-party service providers or agents of ROH processing their personal data for the purposes as set out in ROH’s Privacy Policy and/or to facilitate the processing of funds donated through this Website.

7.5 You also represent and warrant that:

(a) any personal data of individuals that you will be or are disclosing to ROH are accurate; and

(b) for any personal data of individuals that you disclose to ROH, that you are validly acting on behalf of such individuals and that you have the authority of such individuals to provide their personal data to ROH and for ROH, its third-party services providers and agents to collect, use, disclose and process such personal data for the purposes as set out in ROH’s Privacy Policy and/or to facilitate the processing of funds donated through this Website.

8. Complaints

8.1 All complaints to ROH relating to the Website should be sent to events@rayofhope.sg.

9. Indemnity

9.1 You agree to defend, indemnify and hold harmless ROH, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including solicitors’ fees and costs) including all amounts paid in settlement, arising out of, related to or in connection with your breach of these Terms, your access or use of the Website, your use of your User Account (if applicable) and/or your failure to comply with any Applicable Laws. ROH has the right and option, at its sole and absolute discretion, to assume the exclusive defence and control of any matter for which you have agreed to indemnify ROH, and you also agree to assist and cooperate with ROH in the defence or settlement of any such matters.

10. Access and alteration of the website

10.1 ROH has the right to, at its sole and absolute discretion,:

(a) amend or modify all or part of the Website (including any of its Contents) at any time;

(b) withdraw any information, data or Content forming a part of the Website;

(c) immediately deny or restrict your access to the Website, or to block access from a particular internet address to this Website; and/or

(d) immediately suspend, withdraw or terminate your User Account (if applicable).

at any time, without liability, without giving notice to you or any third party, and for any or no reason whatsoever. You shall not hold ROH liable in any way whatsoever for any of the aforesaid.

10.2 Without limiting the generality of the foregoing, in the event that your access and/or use of your User Account and/or the Website is in breach of these Terms, ROH has the right to immediately terminate your User Account (if applicable), your access and use of the Website, and/or remove any Pages created by you, without giving notice to you, and take all such action as it considers appropriate, desirable or necessary including but not limited to taking legal action against you.

10.3 Any termination or suspension of your User Account (if applicable) shall not entitle you to receive any compensation in respect of the termination or suspension.

11. Governing Law and Dispute REsolution

11.1 The Terms and any non-contractual obligations arising from or connected with them shall be governed and interpreted in accordance with Singapore law.

11.2 Subject to Clause 11.3, any dispute arising out of or in connection with these Terms and any non-contractual obligations arising from or connected with them, including any questions regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.

11.3 For the purpose of enforcing the Terms and any non-contractual obligations arising from or connected with them, and not withstanding Clause 11.2, ROH has the sole and absolute discretion to seek relief from a court of competent jurisdiction, as it may choose, without first attempting to resolve a dispute under Clause 11.2, and you hereby submit to the jurisdiction of the court with ROH may seek relief under this subclause. For the avoidance of doubt, the right under this subclause is only extended to ROH and not to you.

12. Links to third party content

12.1 Nothing in or on the Website shall be considered an endorsement, representation or warranty of or by ROH with respect to any third party or any third party’s websites, content, products, services or otherwise. Without limiting the generality of the foregoing, the foregoing applies to any advertising content whether paid or unpaid, as well as links that may be provided on the Website or the contents available and accessible through the Website. Such links (if any) are provided solely as a convenience to you and do not imply ROH’s approval or endorsement of the linked website. You use such links to access third party content, websites or applications at your own risk. ROH makes no representations or guarantees regarding the availability or content (including its truthfulness, accuracy, completeness, timeliness or reliability) of such third-party content, websites or applications in respect of which links have been provided in the Website, nor with regard to broken links. Your relationship and any transactions with other organisations through their websites or otherwise is your own responsibility.

12.2 All Intellectual Property Rights to any and all such third-party content, websites or applications accessible through links contained on the Website belong to their respective owners. ROH does not claim to have any rights over the same and in no circumstances shall ROH be considered to be associated or affiliated in whatever manner with any such Intellectual Property Rights used or appearing on any and all such third-party content, websites or applications accessible through links contained on the Website.

13. Links to the website

13.1 Except as expressly set forth at clause 13.2, caching and links to (including deep linking), and the framing of the Website and/or any of the web pages therein are prohibited.

13.2 Linking to the Website: You may link to the Website, provided you obtain ROH’s prior written approval, and provided that ROH may always at any time object to such linking and if ROH so objects, you must immediately remove such link. Requests for said ROH’s approval may be submitted via email to events@rayofhope.sg.

13.3 Under no circumstances shall ROH be considered to be associated or affiliated in whatever manner with any Intellectual Property Rights used or appearing on websites that link to the Website and/or any of the web pages therein. ROH has the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other website that links to the Website.

14. Confidentiality

14.1 You will maintain the confidentiality of all Confidential Information relating to ROH and will not release, disclose, use, make available or copy any such Confidential Information without the prior written consent of ROH except as necessary to carry out your obligations under the Terms. You may disclose Confidential Information to your employees, agents or subcontractors on a need-to-know basis only and subject to entering into a non-disclosure agreement. You will not use in any way, for your own account or for the account of any third party, except as expressly permitted by, or required to achieve the purposes of the Terms, or disclose to any third party, any of ROH’s Confidential Information, and will take reasonable precautions to protect the confidentiality of such Confidential Information.

15. Variation and Severance

15.1 Save for clause 1.4 above, the Terms may not be amended or varied except by an instrument in writing signed by ROH and you.

15.2 If any provision of the Terms and/or any of their parts is held to be invalid, unenforceable or illegal for any reason, the remaining provisions of these Terms and/or their remaining parts, shall nevertheless continue in full force. If a competent court or arbitral tribunal holds any part of these Terms to be unenforceable as drafted, ROH may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms.

16. Miscellaneous

16.1 ROH has no liability for any failure to comply with the Terms where such failure is due to circumstances beyond ROH’s reasonable control.

16.2 The Terms are the entire agreement between you and ROH in relation to your access and use of the Website, which includes the making of any donations and/or payments and/or keeping your Page on the Website, and shall supersede all previous communications (whether written, oral or otherwise), discussions or letters relating to the same.

16.3 No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision.

16.4 The rights to access and use your User Account (if applicable) and/or this Website is personal to you, and you may not transfer or assign to a third party any of your rights and obligations as defined in these Terms without the written consent of ROH. ROH may freely assign, transfer or sub-contract these terms or ROH’s rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you.

16.5 Except as expressly stated in the Terms, a person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act (Cap 53B, 2002 Rev Ed) of Singapore to enforce of the Terms.

16.6 You agree that no joint venture, partnership, employment, or agency relationship will exist between you and ROH as a result of these Terms.

16.7 No failure and/or delay on the part of ROH to exercise any of its rights under and/or relating to the Terms will operate as a release and/or waiver of such right. No single or partial exercise of any right under the Terms by ROH will preclude any other or further exercise of it or any other right or remedy available to ROH.

16.8 All provisions of these Terms that by their nature should survive termination of these Terms will survive (i.e. they will continue to apply to you). Such terms include, but are not limited to, provisions relating to all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements relating to dispute resolution, choices of law, and intellectual property protections and licenses.

17. Contact and notice

17.1 For questions relating to the Terms, please get in touch with ROH at events@rayofhope.sg.

17.2 Any notice that ROH intends to give to you may be carried out by posting the relevant notice on the Website and/or by sending any such notice to any contact information you may have provided ROH with. You are deemed to have received notice of the same upon ROH posting the relevant notice on the Website, and/or by sending any such notice to any contact information you may have provided ROH with.

17.3 Any cause papers and/or legal documents that ROH intends to serve on you may be carried out by sending physical and/or electronic copies of the relevant documents to any contact information that you provided to ROH, and you agree that such service of the relevant documents to you will be deemed good and sufficient service.

18. Pages

18.1 ROH may, at its sole and absolute discretion, allow you to create and/or post Pages to help raise funds for your beneficiaries in Singapore if you are a charity registered pursuant to the Charities Act 1994, a registered non-profit entity, a social enterprise, and/or a ground-up group.

18.2 You agree and/or warrant that:

(a) unless you are a registered charity and/or a registered non-profit entity, you will not create and/or post Pages to collect funds for yourself;

(b) Pages created and/or posted by you are in compliance with all Applicable Laws;

(c) Pages created and/or posted by you are not connected wholly or partly with persons, events, or objects outside Singapore;

(d) you will be accountable for donations and/or payments received through ROH, including but not limited to providing your contact details to your donors and/or customers, and promptly answering queries from donors and/or customers relating to your fundraising campaign posted on the Page, use of the relevant funds, and/or the provision of your goods and/or services;

(e) all funds received by you from ROH will be used only for the purpose specified and in accordance with the description posted by you on the Page, and not for any other purpose;

(f) it shall be your sole responsibility to ensure that the funds you received from ROH are used for the stated purpose on the Page, and that ROH is not responsible for the use or non-use of such funds;

(g) all donations and/or payments are made pursuant to the Terms, including but not limited to the clauses under Part 3 of the Terms;

(h) you authorise ROH to share any information provided by you to ROH with Stripe and/or ACME to enable the processing of donations and/or payments;

(i) you will, prior to creating and/or posting any Pages, seek and obtain the consent and permission of the relevant beneficiary and/or his authorised representative:

(i) for you to create and/or post a Page to raise funds for the relevant beneficiary;

(ii) for you to create and/or post the relevant Content relating to the relevant beneficiary on the Page;

(iii) for ROH and yourself to collect the donations and/or payments on the relevant beneficiary’s behalf;

(iv) for ROH and yourself to collect, use, and disclose the personal data of the relevant beneficiary for the purpose of verifying the legitimacy of the fundraising campaign created and/or posted on the Page, and for the purpose of creating and/or posting Content relating to the relevant beneficiary on the Website and/or Page;

(j) you will obtain the consent and permission of the relevant beneficiary and/or his authorised representative referred to in clause 18.2(i) in documentary form, and provide such document(s) to ROH no more than 3 business days upon request by ROH;

(k) you will not create and/or post anything on the Website that (i) contain pornographic, sexual content, adult services of any kind, (ii) is associated with or involve terrorist or hate group activities, (iii) relate to drug abuse, underage tobacco and alcohol consumption, (iv) relate to gambling, betting, lottery or raffle, (v) contain hurtful, graphic, racist, sexist, inappropriate, or harmful content, (vi) involve any damage, hurt, or humiliation to human or animals, and/or (vii) involve dangerous sports or challenges;

(l) it is your responsibility to check with ROH to ensure that your fundraising campaigns do not contravene ROH’s policies, and that ROH has, at its sole and absolute discretion, the right to immediately remove your fundraising campaign for any or no reason whatsoever without providing any notice to you;

(m) all information and Content provided by you to ROH, including those created and/or posted on the Website and Pages:

(i) are true and correct;

(ii) are not misleading, deceptive, defamatory, or obscene;

(iii) do not infringe a third party’s Intellectual Property Rights; and

(iv) can be lawfully published by ROH;

(n) you will retain records of all receipts and expenditures of the donated and/or paid funds for a period of at least 7 years after the funds have been expended;

(o) you will comply with any document requests made by ROH at any time to verify your use of the donated and/or paid funds, and/or for any other due diligence purposes;

(p) to indemnify and keep ROH indemnified against all claims, costs, expenses, damages, liability or loss arising in relation to a breach of any of the Terms;

(q) if ROH is unable to disburse the donations and/or payments to you due to incorrect or insufficiently supplied details by you, ROH will try to contact you to obtain the required information. If ROH is unable to find or contact you, or if you do not respond to ROH’s inquiries after 3 months from ROH’s first attempt to contact you, you agree and authorise ROH to disburse the relevant funds to other fundraising campaigns on Pages and/or ROH’s own beneficiaries at ROH’s sole and absolute discretion. If you only contact ROH after the donated funds have been redirected, you agree that ROH will not be required or liable to disburse any further funds;

(r) you have obtained all necessary registrations, consents, licences or similar regulatory permissions to receive the funds from ROH;

(s) you and/or your beneficiary will not earn or be paid any interest on the sums and/or funds that ROH holds and/or processes for you; and

(t) you and ROH shall not be deemed to be a partner or agent of the other nor shall anything herein be construed as creating a partnership, joint association, trust or collaboration and you agree that you shall not represent, make any commitment or bind ROH to third parties in any way.

18.3 All Pages must not contain any Content that ROH, in its sole and absolute discretion, considers is inappropriate for inclusion on the Website.

18.4 If there are any fundraising campaigns that require the intervention of government or regulatory bodies, ROH may work with such bodies to take reasonable actions pertaining to such campaigns. If you are aware of any questionable campaign on the Website or of any violations of these Terms, please contact ROH by sending an email to events@rayofhope.sg.

19. Verification of Pages

19.1 After a Page is submitted for posting on the Website by you, it will only appear on the Website after ROH completes its verification process, which includes but is not limited to, verifying the statements made in the relevant Page. Once ROH completes all the necessary verification to ascertain the legitimacy and veracity of the Page posted by you, the relevant Page will then appear in a green box and be classified as “verified” on the Website.

19.2 Pages that do not pass ROH’s verification processes will be taken down and removed from the Website.

20. Removal of Pages

20.1 ROH has the right to take down and remove any Pages from the Website at its sole and absolute discretion, and has no obligation to account to, explain, nor provide any notice to you when ROH chooses to do so. In such an event, all funds collected on behalf of the beneficiary of the relevant fundraising campaign will, at ROH’s sole and absolute discretion, be transferred to other fundraising campaigns on the Website, transferred to ROH’s own beneficiaries, and/or transferred to you for the purpose of your fundraising campaign. ROH may, but is not obliged to, discuss with you prior to removing all or any part of the Content on any Pages.

20.2 ROH has the sole and absolute right to prohibit you from using the Website and/or creating any Pages in the future, including but not limited to, if you breach the Terms.

21. Funds Collected From pages

21.1 Subject to other provisions of the Terms, ROH will arrange for the transfer of funds collected from donations and/or payments relating to your Page upon receiving your request for the transfer of funds that can be made through your User Account on the Website. ROH will aim to effect the transfer of funds within 7 working days following the receipt of the transfer request, but does not guarantee or warrant that the transfer will be completed within this time frame.

21.2 ROH is entitled to, at its sole and absolute discretion, withhold or suspend the transfer of the relevant funds to you and/or require the return of some or all of the funds already transferred to you, including but not limited to if:

(a) the funds are used in a manner that does not comply with the Terms;

(b) you are not in compliance with and/or are in breach of any Applicable Laws;

(c) you take any actions which bring, or are likely to bring, ROH’s name or reputation into disrepute;

(d) you fail and/or refuse to provide reports and other information required by ROH; and

(e) you provide ROH with misleading or inaccurate information.

21.3 The bank account information you provide to ROH will be used for executing all transfers that ROH makes to you, unless you inform ROH otherwise or a transfer is rejected by the recipient bank. You are responsible for ensuring that ROH is kept informed of the correct and up-to-date details. Any changes to your bank account information details must be submitted to ROH and acknowledged by ROH prior to making a request for ROH to transfer the collected funds to you. If you provide ROH with (or let ROH continue to use) incorrect or out-of-date information, you agree that ROH will not be responsible if the payment is not made, is delayed, and/or it is made incorrectly.

21.4 ROH is entitled to, at its sole and absolute discretion, contact you via the contact details provided by you on the Website to arrange for the transfer of funds collected from donations and/or payments relating to your Page. If ROH does not receive a response from you after 3 months from ROH’s first attempt to contact you, ROH has the right to, at its sole and absolute discretion, transfer the relevant funds to other fundraising campaigns posted on Pages and/or ROH’s own beneficiaries. If you only contact or reply ROH after the funds have been redirected, you agree that ROH will not be required or liable to disburse any further funds to you.

22. Making Donations and Payments

22.1 Subject to the Terms, you may make donations and/or payments to any fundraising campaigns that are posted on Pages.

22.2 Donations and/or payments can be made to the fundraising campaigns through either a one-time donation and/or payment, or a recurring monthly donation and/or payment.

22.3 You must be 18 years of age or older to donate and/or make payment. If you are under 18 years of age, you must not access and use the Website to donate and/or make payment without the consent, permission and/or supervision of your parent and/or guardian.

22.4 You agree and/or warrant that:

(a) all donations and/or payments that you make through the Website are compliant with all Applicable Laws;

(b) you are above 18 years of age or older, or you have the consent, permission, and/or supervision of your parent and/or guardian to donate through the Website;

(c) all the information provided by you to ROH are true, accurate and current;

(d) all donations and/or payments are final and non-refundable. ROH may, at its sole and absolute discretion, grant a refund of the donation and/or payment. Please notify ROH immediately via email at events@rayofhope.sg, and no later than 1 hour after you have submitted the donation and/or payment instruction on the Website, if you have made an error in your donation and/or payment, and ROH will consider authorising a refund at its sole and absolute discretion. ROH also has the right to apply a fee of 5% of the refund amount for processing the refund, which must be paid by you to ROH prior to the refund being processed;

(e) your transaction to make a donation and/or payment via the Website will be processed through third-party payment services providers, Stripe if you use a credit or debit card to make the donation and/or payment, and ACME if you use PayNow to make the donation and/or payment. By proceeding with your donation and/or payment, you hereby authorise Stripe and/or ACME to request funds from your credit or debit card provider and/or financial institution;

(f) you authorise ROH to share any information provided by you to ROH with Stripe and/or ACME to enable the processing of your donations and/or payments;

(g) ROH is not affiliated with Stripe and/or ACME, and that ROH is not responsible in any way for their actions or performance (or lack thereof). You agree that ROH is not responsible for any loss or damage of any sort incurred as a result of ROH’s use of Stripe and/or ACME services to process your donations and/or payments;

(h) ROH will also collect a non-refundable fee for processing your donation and/or payment that will be deducted from the donated and/or paid amount, and you agree to ROH’s non-refundable fee which consists of 4.5% of the donated and/or paid amount (a portion of which will be used to pay Stripe’s and/or ACME’s payment processing fees);

(i) ROH will also charge an additional non-refundable fee of SGD 0.99 per donation or payment transaction from you unless the relevant creator of the Page opts to bear this additional fee, in which case this additional non-refundable fee will be deducted from the donated and/or paid amount;

(j) If you become aware that your credit card, debit card, and/or PayNow account has been lost, stolen or is being used fraudulently, it is your responsibility to report the issue to the relevant financial institution. ROH may, at its sole and absolute discretion, refund the donation and/or payment where ROH has investigated and are satisfied that the donation and/or payment was unauthorised by you and that you (or anyone authorised by you) have not acted fraudulently or carelessly. If ROH decides to provide a refund, ROH will attempt to contact you via the contact details provided by you on the Website to arrange for the return of the relevant funds to you. If ROH does not receive a response from you after 3 months from ROH’s first attempt to contact you, ROH has the right to, at its sole and absolute discretion, transfer the relevant funds to other fundraising campaigns posted on Pages and/or ROH’s own beneficiaries. ROH also has the right to apply a fee of 5% of the refund amount to process such a refund, which must be paid by you to ROH prior to the refund being processed;

(k) the Terms will apply to successive donations and/or payments made through the Website where you have set up a recurring donation and/or payment. When you set up a recurring donation and/or payment you will be scheduling a series of donations and/or payments to be made on a specific day of the month that you choose, on a monthly basis, until you cancel the recurring donation and/or payment. You agree that the most updated Terms at the time the donation and/or payment was made will apply. By confirming that you wish to proceed with a recurring donation and/or payment you authorise ROH’s payment service provider Stripe and/or ACME to request funds from your credit card or debit card on the day of each month that you have stipulated through your application on the Website. To cancel your recurring donation and/or payment, please contact ROH at events@rayofhope.sg;

(l) ROH will channel your donations and/or payments, less any Transaction Fees, to the relevant creators of the Pages whose fundraising campaigns you have selected to support on the Website;

(m) all donations and/or payments are at your own risk. Accordingly, please make sure that when you donate and/or make payment to fundraising campaigns posted on Pages, you understand how the funds will be used. ROH does not warrant that the collected funds will be used for any particular purpose and is not responsible for any use and/or misuse of the funds by the creators of the Pages, the beneficiaries of the donations and/or payments, and/or the beneficiaries’ family. All queries relating to the use of the funds should be directed to the relevant creator of the Page; and

(n) if you have indicated for your donation and/or payment to be made to a specific fundraising campaign on a Page, and ROH is unable to disburse the funds to the relevant creator of the Page due to incorrect or insufficiently supplied details by the creator of the Page and/or by you, ROH will try to contact the relevant creator of the Page and/or you to obtain the required information. If ROH is unable to find or contact the relevant creator of the Page and/or you, or if the relevant creator of the Page and/or you do not respond to ROH’s inquiries after 3 months from ROH’s first attempt to contact the relevant creator of the Page and/or you, you agree and authorise ROH to disburse your donated and/or paid funds to other fundraising campaigns on Pages and/or ROH’s own beneficiaries at ROH’s sole and absolute discretion. If relevant creator of the Page and/or you contact ROH after the funds have been redirected, you agree that your donation and/or payment will be deemed disbursed in accordance with your specified purpose, and that ROH will not be required or liable to disburse any further funds. Keeping your personal contact details up-to-date is the best way to ensure donations and/or payments are directed to where you want them to go should ROH need to contact you for further details regarding your donation and/or payment.

22.5 ROH does not store your credit card or debit card details. ROH utilises Stripe and ACME as ROH’s merchant facilities. ROH provides no warranty as to the safety or security of Stripe’s and/or ACME’s payment and merchant facilities.

22.6 Creators of the Pages may sell goods and/or services to you and/or offer goods and/or services to you if your donations to their fundraising campaign reach a specified amount. In this regard, you agree that:

(a) that the sale and/or provision of such goods and/or services is solely a matter between you and the relevant creators of the Pages;

(b) ROH will not be responsible and/or liable in any way for the goods and/or services agreed to be provided and/or provided by the creators of the Pages to you; and

(c) that any and all claims and/or disputes relating to such goods and/or services will be between you and the relevant creators of the Pages.

22.7 Creators of the Pages may also provide discount codes to you which serve to lower the amount of payment and/or donation you need to make to be entitled to goods and/or services provided by the creators of the Pages (“Discount Codes”). In this regard, you agree that:

(a) ROH is not responsible for the correct application or validity of any Discount Codes offered by any creators of Pages. ROH makes no representations or warranties regarding the accuracy, availability, or applicability of the Discount Codes on the Website and shall not be liable for any errors, omissions, or failures in the application of the Discount Codes;

(b) it is your sole responsibility to ensure that any Discount Codes that you intend to utilise are correctly applied prior to making any donations and/or payments on the Website; and

(c) if you are aware of any inaccuracies and/or any other issues regarding the application of the Discount Codes on the Website, please contact ROH by sending an email to events@rayofhope.sg.