Incitement Terms of Use

Welcome to Incitement. By using this website (the “Site”) and services (together with the Site, the “Services”) offered by Incitement Sdn Bhd, you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our Privacy Policy, Cookie Policy, Pages and Projects Policies, Community Standards and Volunteer Policies.

We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using Incitement after a change, that means you accept the new terms.

You can browse some parts of Incitement without registering for an account. But to use some of Incitement’s functions, you’ll need to register, choose a username, and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.

You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to support@theincitement.com.

To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.

Many people use Incitement. We expect all of them to behave responsibly and help keep this a nice place. Don’t do any of these things on the Site:

• Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.

• Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.

• Don’t offer prohibited items. Don’t offer any rewards that are illegal, violate any of Incitement’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.

• Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.

• Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.

• Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Incitement or another party).

• Don’t abuse other users’ personal information. When you use Incitement — and especially if you create a page or project — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a Incitement page or project: don’t use it for other purposes, and don’t abuse it.

• Don’t try to interfere with the proper workings of the Services.

• Don’t bypass any measures we’ve put in place to secure the Services.

• Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Incitement or another party.

• Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)

• Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.

• Don’t take apart or reverse engineer any aspect of Incitement in an effort to access things like source code, underlying ideas, or algorithms.

When you create a Project on Incitement you also agree to the Pages and Projects Policies and our Community Standards.

Incitement provides a platform for social projects. When a creator publishes a project on Incitement, they’re inviting other people to form a contract with them. These other people are sponsors and volunteers.

Anyone who sponsors a project or volunteers in a project is accepting the creator’s offer, and forming that contract. Incitement is not a part of this contract — the contract is a direct legal agreement between project creators and their sponsors and volunteers. Here are the terms that govern that agreement:

• Any person or user of Incitement can publish a project on the Site. Incitement does its best to inform project creators about the terms & conditions that govern the Site platform, however Incitement is not liable for any damages as a result of sponsoring a project or volunteering in a project. You are strongly urged to conduct your own due diligence on any persons or organisations on Incitement before engaging in a contract with them to prevent any damage or loss.

• When a project is successfully funded, the creator must complete the project and fulfill the project deliverable as per agreed. Once a project creator has done so, they’ve satisfied their obligation to their sponsor. Throughout the process, project creators owe their sponsors and volunteers a high standard of effort, honest communication, and a dedication to bringing the project to a satisfactory end. At the same time, sponsors must understand that when they fund a project, they’re helping a for-purpose organisation to create social impact — not ordering a product off the shelve. There may be changes or delays, and there’s a chance something could happen that prevents the project creators from being able to finish the project as promised.

• When a project recruits volunteers, the project creator must ensure proper due diligence is conducted on the identity, history, experience, and overall suitability of every volunteer to avoid any damages or losses as a result of ill intentions or gross conduct by volunteers. It is the sole responsibility of the project creator to ensure volunteers are both eligible and suitable to participate in their project, and any damages or losses as a result of ill intentions or gross misconduct shall be the responsibility of the project creator only.

• Vice versa, each person joining a project as a volunteer must conduct his or her own due diligence on the project creator to ensure the project creator is a legitimate organisation in compliance with local laws and regulations.

If a project creator is unable to complete their project and fulfill the project requirements, they’ve failed to live up to the basic obligations of this agreement. To right this, they must make every reasonable effort to find another way of bringing the project to the best possible conclusion for the sponsor. A creator in this position has only remedied the situation and met their obligations to sponsors if:

• they post an update that explains what work has been done, how funds were used, and what prevents them from finishing the project as planned; and

• they work diligently and in good faith to bring the project to the best possible conclusion in a timeframe that’s communicated to sponsor and volunteers; and

• they’re able to demonstrate that they’ve used funds appropriately and made every reasonable effort to complete the project as promised; and

• they’ve been honest, and have made no material misrepresentations in their communication to sponsors; and

• they offer to return any remaining funds to sponsors (in proportion to the amount sponsored), or else explain how those funds will be used to complete the project in some alternate form.

The project creator is solely responsible for fulfilling the promises made in their project. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by sponsors and volunteers.

Incitement allows eligible organisations to issue tax-receipts to donors. Here are  your rights and ours:

• Donors are required to submit their IC/Passport number and Full Address to request a tax-exemption receipt. This information is required to comply with the revised Guidelines for Approval of Director General of Inland Revenue under Subsection 44(6) of the Income Tax Act dated 15 May 2019 (“Revised Guidelines”);

• Project creators should only issue tax-exemption receipts if they are a registered NGO under sub-section 44 (6) of Income Tax Act 1967 and therefore eligible as per relevant authorities;

• Incitement does not verify an organisation’s eligibility to issue tax-receipts. The project creator is solely responsible for ensuring that their organisation has the necessary permissions and approvals to issue tax-receipts, and the donor is solely responsible to verify the validity and legitimacy of any tax-receipts issued to them;

• The project creator is solely responsible for the issuance of tax-receipts and providing truthful and accurate information that is not in conflict with any local laws or regulations;

• Project creators and donors hold Incitement harmless from all liabilities, claims, and expenses that arise from or relate to wrongful or illegitimate issuance of tax-receipts on Incitement;

• Tax-receipts will be issued to you within sixty (60) days of making a donation.

These are the terms that apply when you’re donating to a charity:

• Monthly donations vs. One-off donations. On Incitement you can donate monthly to a charity or make a one-off donation. You can cancel your monthly subscription any time by writing to support@theincitement.com.

• Donor Pays. Incitement imposes a fee on every donation made through our Site. The donor decides whether this fee is added to his/her donation amount or deducted before disbursement to the charity. When you register on Incitement and agree to these Terms of Use, you authorize Incitement to deduct its fees before disbursing funds to you. Read more about Incitement’s fees here.

• You cannot change or cancel your donation after making a payment (with one exception). Once a payment is made to a charity, this is irreversible. Your payment will be transferred to Incitement Sdn Bhd and disbursed to the charity. Only in the case of misuse will we work with you to determine what occurred and the payment may be reversed. Once Incitement has initiated the payment to the charity, your donation is considered final, and any arrangements made for refunds or reimbursements are between the donor and the charity, not Incitement. Contact us at support@theincitement.com if you believe misuse has occurred.

• The Project Dates are estimates. The date listed on each project is the project creator’s estimate of when they will start the project — not a guarantee to fulfill by that date. The schedule may change as the project creator works on the project. We ask project creators to think carefully, set a date they feel confident they can work toward, and communicate with donors and volunteers about any changes clearly and timely.

• The project creator may need to send you questions about the project deliverables. To deliver the project as per the agreed project requirements, the project creator might need information from you.  To receive ensure timely delivery of the project, you’ll need to provide information in a reasonable amount of time. Project creators should not ask for personal information that is not necessary to deliver the project, and should never request sensitive personal information such as your Social Security number or payment information. Contact us at support@theincitement.com if you receive a request for information that seems inappropriate or excessive.

• Incitement does not offer refunds. Responsibility for finishing and implementing the scope of a fundraiser lies entirely with the charity or project creator. Incitement doesn’t hold funds on project creators’ behalf, cannot guarantee project creators’ work, and does not offer refunds.

• Incitement may change its fees at any time. Incitement may change its fees for platform usage at any time. You are encouraged to occasionally visit this page to stay updated on Incitement’s fees.

• Incitement may require a Grant Agreement to be signed prior to disbursing funds To ensure transparency to donors, Incitement may require a Grant Agreement to be signed by your charity before disbursing any funds collected via the platform to ensure Grant Funds are spent as per the project listing.

These are the terms that apply when you’re staring a fundraiser:

• You cannot refund donations. Once a donation is made to your charity or fundraiser, you cannot refund it via Incitement.

• We’ll charge our fees before putting funds in your account. Incitement and its payment partners will subtract fees before transmitting the proceeds of a donation to the charity.

• Some payments cost more, which might reduce the amount of funding you get. Because some payments are more expensive than others — for instance, international payments — we can’t guarantee that the amount of funding you receive will be exactly equal to the full amount paid by the donor. Incitement will deduct the necessary payment gateway fees which may vary and platform fees.

• Don’t count your chickens before they hatch. Don’t assume you’ll be able to launch your fundraiser when you want; there could be a reason we’re not able to accept it, or a problem that takes time to resolve. Don’t assume you’ll be able to immediately collect your funding; there may be a delay between the payment of a sponsor and your access to the funds. And don’t take any actions in reliance on collecting any of the money pledged until you actually have the ability to withdraw it from your account and spend it.

• Incitement pays out donations monthly. Donations raised on Incitement are paid to the beneficiary bank account on a monthly basis. It is the charity’s sole responsibility to provide correct banking information to receive fund disbursement. If you have not provided your bank details, you will not receive your monthly disbursement.

Incitement isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of projects, and we don’t endorse any content users submit to the Site. When you use the Services, you release Incitement from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

Anyone can donate or start a fundraiser on Incitement. If you raise funds for a charity on Incitement we (and our payment partners) collect fees. Our partners’ fees may vary slightly based on your location. If our fees ever change, we’ll announce that on our Site. You are responsible for paying any additional fees or taxes associated with your use of Incitement.

Fees for individual donations

Over every donation raised, Incitement charges a 5%  fee in addition to any fees from our payment partners. These fees are deducted from the donations raised before disbursement to your beneficiary bank account, unless the donor enabled ‘Donor Pays’, in which case the donor covers the 5% fee instead. You can read more about our fees and ‘Donor Pays’ on this page.

Over every Successful Donation raised as a result of a referral through Partner Media, Incitement deducts an additional 10% fee which is disbursed as a Referral Fee the Referring Partner. You can read the full Partner Program Terms & Conditions on this page.

Fees for corporate donations

Incitement charges a 10%  fee on corporate donations.

Fees for donations made using HSBC/HSBC Amanah Credit Card/-i Cardholders

In an effort to support and promote sustainable business activities, Incitement has partnered with HSBC Amanah. HSBC Amanah absorbs the payment gateway fees for HSBC credit card customers under certain circumstances. You can read more about our fees for HSBC/HSBC Amanah Credit Card/-i Cardholders here.

Incitement may contain links to other websites. (For instance, your news feed, pages, projects, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.Incitement partners with other companies for payment processing. When you sponsor or create a project, you’re also agreeing to the payment processor’s terms of service.

Incitement doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a project for review, or launch a project, you agree to these terms:

• We can use the content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.

• When we use the content, we can make changes, like editing or translating it.You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.

• You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant Incitement all the license rights outlined here).

• Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on Incitement’s hosting of that Content.

• You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If Incitement or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

• You’re responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.

• We’re not responsible for mistakes in your content. Incitement will not be liable for any errors or omissions in any content.

Incitement’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.Incitement grants you a license to reproduce content from the Services for personal use only. This license covers both Incitement’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Incitement or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

Malaysian law lays out a system of legal requirements for dealing with allegations of copyright infringement. Incitement complies with Malaysian law, and we respond to notices of alleged infringement if should they not comply with Malaysian law. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)

If you’d like to submit a claim of copyright infringement, our designated agent for notice of alleged copyright infringement is:

Incitement Sdn. Bhd.
Attn: Copyright Agent
51 Lorong Terasek Kanan
59100, Bangsar Baru, Kuala Lumpur
Wilayah Persekutuan Kuala Lumpur, Malaysia<
support@theincitement.com

You can terminate your account at any time through your account settings or if this feature is unavailable by emailing us at support@theincitement.com. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a project, deleting your account will not automatically remove the project from the Site.) You can contact us at support@theincitement.com for additional information or to request project page deletion (this is not available in all circumstances).

Incitement is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

Incitement reserves these rights:

• We can make changes to the Incitement Site and Services without notice or liability

• We have the right to decide who’s eligible to use Incitement. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Incitement in that jurisdiction.

• We have the right to cancel any pledge to any page or project, at any time and for any reason.

• We have the right to reject, cancel, interrupt, remove, or suspend any page or project at any time and for any reason.

INCITEMENT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM INCITEMENT SHALL CREATE ANY WARRANTY.

You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.

If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of Incitement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.

These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Incitement’s prior written consent. Incitement has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Incitement will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.

These Terms and the other material referenced in them are the entire agreement between you and Incitement with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Incitement with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Incitement to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

To the fullest extent permitted by law, in no event will Incitement, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site, (iv) for any casualties or deaths resulting from projects on the Site. In no event shall Incitement’s liability for direct damages be in excess of (in the aggregate) one hundred Malaysian Ringgit (MYR 100,00).

We at Incitement encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of Malaysia, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that Incitement and its Services are deemed a passive website that does not give rise to jurisdiction over Incitement or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than Malaysia. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Incitement, shall be filed only in the state or federal courts located in Malaysia, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action.