1. Acceptance of the Terms

The terms of service contained herein shall govern Your access to and use of https://foodbank.digital/ (the “Website”) and is an agreement (“Agreement”) between FoodBank.Digital (“FBD” or “We” or “we” or “Us”) and You or the entity You represent (“You”). This Agreement shall include such other policies or representation available in the Website. Your access to and use of the Website is subject to your acceptance and compliance with this Agreement. Your continuous in accessing or performing any action on or through the Website constitutes your consent to comply with the Agreement.

You also represent to us that You are legally competent to enter into this Agreement that:

1. 1. a)  You are not a minor; or

   2. b)  You possess legal parental/guardian consent; or

   3. c)  if You are entering into this Agreement for an entity, You have the legal authority to bind that entity.

2. Disclaimer & Limitation of Liabilities

Save except those required by the applicable laws, You acknowledge that all the information, content, materials, services on the Website are provided on an “as is” and “as available” basis without any warranty and condition of any kind. Your access and/or use this Website or Services at Your own risk.

You acknowledge that FBD will not be liable for any and all kinds of damages or losses arising from Your use of this Website, including the use of the content and services available. You agree to indemnify, defend, and hold FBD harmless against all liabilities, damages, claims, actions, costs, expenses in connection with or arising out from Your use/access of the Website, Your breach of this Agreement, or Your use of the services available on the Website.

3. Services

The Website provides a digitalized platform to facilitate the donation to the needs. The following services are available on the Website:

1. a)  if You wish to donate, You may refer to the Donate page for the options available; or

2. b)  if You need helps, You may apply for donation through the Apply page; or

3. c)  if You wish to track the locations of other food banks nearby, You may use this Food Bank Map.

(Collectively be referred as “Services”)

We reserve all the rights to revise, suspend, terminate, or remove any of the Services as necessary, including to comply with the applicable law, to prevent or address fraud issues or such other circumstances We deem reasonable.

4. Process of Payment

If You donate through the Website, You acknowledge that all the payments are processed by the payment service provider(s) (“Service Provider”) as made available by Us from time to time. The donation made is subject to the terms and policies of the Service Provider, and You are advised to read them carefully before You continue with the donation.

5. Accuracy of Information

You understand that the Services will be completed or delivered subject to the information submitted by You to Us and the Service Provider. You must ensure that all the information submitted is accurate and up-to-date, and FBD is not responsible for any failure of the Services due to inaccuracy of information.

6. Donor & Donee

Donor

If You donate through the Website, as a Donor, You agree and understand that:

a)  all the donations are irrevocable and made voluntarily at your own risk;

b)  We shall at our sole discretion to determine or select the eligible donee of the donated items; You shall

claim no interests, ownership, and rights on any of the donated items;

c)  We endeavor but We do not guarantee that all the donated items will be donated/delivered without

any risks of fraudulent;

d)  tax relief is not available for Your donation through the Website;

e) for the corporate donor, You are deemed to have agreed to the display of Your company’s name, logo, and website (if any) on the Website. Please contact Us at hello@foodbank.digital if You wish to remove the said from the Website.

Donee

If You apply for the donated items through the Website, as a Donee, You agree and understand that:

a)  the donation is for those in need, and You genuinely apply for a bits of helps or apply on behalf of those in need;

b)  We may change the donation items from time to time subject to supplies availability;

c)  We require 2-3 days to process Your application and that the delivery of the donated items is subject to the arrangement of Our delivery partners;

d)  We may reject Your application if we notice of any fraud application from You.

7. Account & Audit

All the donations that We receive from or the donated items deliver to You will be recorded and documented in the books of account of FDB and to be audited by the appointed auditor as FBD deems fit.

8. License & Content Ownership

9. Third Party Links

The Website may contain links to other resources or services sites, if any, beyond the control of FBD. You acknowledge that FBD shall have no responsibility of any kind for the content, information, or services provided by third-party websites or services. Your use of any of the third-party links is at Your own risk.

10. Prohibited Uses

You warrant to Us to not use the Website, including the content and the Services for :

a)  any unlawful purposes or prohibited by this Agreement;

b)  any purposes that defeat the objectives and morality of this Website;

c)  any activities that will impair, damage, disable the Website or interfere with the other party’s use and enjoyment of the Website.

11. Personal Data

When You access the Website or use any of the Services, You give us Your consent in collecting and processing Your personal information as described in Our Privacy Policy.

12. Termination

We reserve our rights to suspend or discontinue the Website, the Services, or Your access or use of the Website at any time without notice to You and any liability to You and third-party.

13. Governing Law & Disputes Resolution

This Agreement shall be governed and construed in all respects in accordance with the laws of Malaysia and the parties hereto hereby submit to the jurisdiction of the Courts of Malaysia.

14. Miscellaneous

Force Majeure: We will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, fire, flood, theft, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, pandemic, acts or orders of government, acts of terrorism, or war.

Waiver: Any indulgence given, or action not immediately taken by FBD shall not be construed as a waiver of or prejudice any of FBD’s rights herein provided. 

FBD grants You a limited, personal, non-exclusive license (“License”) to use the Website and Services for Your personal and non-commercial use. The contents of the Website, such as all text, names, logos, trademarks, designs, graphics, photos, sounds, videos, applications, interactive features, articles, news, stories, animations, general artwork, and other content (“Content”) are owned by or duly licensed to FBD. You must not modify, revise, reproduce, copy, record and/or such other dealing with the Content for any purposes, in any form other than as expressly authorised by FBD. Any unauthorized use of the License and Content may constitute a breach of the intellectual property laws and may subject you to criminal or civil charges and penalties.

Severance: If any of the provisions of this Agreement shall be determined to be invalid, void, illegal or unenforceable, such provision shall be deemed to be deleted from this Agreement and the remaining provisions shall continue to be in full force and effect.

Agreement: This Agreement shall form the entire agreement between You and FBD and shall supersede any prior arrangement and/or agreement, warranty or representative made between You and FBD.

Modification: FBD may from time to time, vary or modify the provisions of this Agreement (including such other policies). You must check this Agreement from time to time for the latest modification. By continuing to access the Website or use the Services, You agree to be bound by the modified terms.

Language: The Website may be communicated in different languages; the English version shall prevail. All communications and notices to be made or given under this Agreement must be English.