Terms of Use

TERMS OF USE

Welcome to the Social Impact Exchange (SIX) website.  The information provided on this site is for general informational, educational and/or reference purposes only.  Please read and review these Terms of Use carefully before accessing or using this website.
 

Below are Terms of Use that govern the use of SIX’s website, and state your rights and obligations when accessing and/or using the information and services on the site. 

By accessing or using this site, you acknowledge that you have read, understood and agreed to the Terms of Use.  If you do not agree to the Terms of Use, you may not access or use this site.  You further acknowledge and agree that these Terms of Use are binding on you and constitute an agreement between you and SIX, for such access and/or use. These current Terms of Use supersede any previous Terms of Use you may have received or accessed to date via this site. Your continued use and/or access to the services will be deemed to be your acceptance of these current Terms of Use.


Definitions

“AIM” means Agensi Inovasi Malaysia a statutory body established under the Agensi Inovasi Act 2010 and any of its subsidiary and affiliated companies thereof.  AIM was established to stimulate and develop the innovation eco-system in Malaysia; to formulate national policies, strategies and directions relating to innovations and to enhance the national innovation eco-system. AIM is tasked with the primary objective of establishing Malaysia as an "innovation economy" and the country's aspirations of achieving a high-income nation status
 

“Content” means all data, information, material and content including but not limited to messages, pdf downloads, pictures and directory listings as described in this website.
 

“Internet Services” means the facilities, products and services provided by SIX and/or its Third Party Vendors from time to time via the internet.
 

“Listing Requirement” means the terms and conditions an SPO must adhere to prior to listing that has a stringent criteria selection process.  To read our Listing Requirement, please click here.
 

The SPOs that pass our selection process and meet SIX’s listing requirements for having the authentic impact of their projects are then free to connect with funders within our pool of network. The SPOs can save time and resources from seeking funds from corporations, enabling more efficient fundraising by NGOs and Social Enterprises. Traditionally, SPOs tend to rely on part-time staffs or volunteers as they find it easier to raise funds for one-off projects, through SIX SPOs can plan strategic ongoing activities with access to consistent resources.
 

“Loss” means any and all losses, damages (financial and otherwise), injuries, embarrassments, costs, charges and/or expenses of whatsoever nature or however arising, including legal fees on a full indemnity basis.
 

“MaGIC” means Malaysian Global Innovation & Creativity Centre (MaGIC) a company duly incorporated under the Malaysian Companies Act 1965 and any of its subsidiary and affiliated companies thereof.  MaGIC was established with the objective of transforming Malaysia into a dynamic entrepreneurial nation by enabling domestic and international entrepreneurs to successfully start and grow their businesses in Malaysia.
 

“Mobile Services” means certain services that are available via a mobile device, including (i) the ability to upload content of SIX via a mobile device, (ii) the ability to browse SIX and the site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.
 

“Project” means high-impact social intervention projects.
 

“SIX” means a listing platform jointly implemented by AIM and MaGIC for high performing social purpose organisations (SPOs) who are dedicated to achieving a positive social impact through their activities.  It is designed to allow users (including but not limited to corporates, philanthropists, individuals) who wish to find high performing SPOs that aligns with their corporate social responsibilities (CSR) initiatives.  SIX is not a Broker, Creditor or Charitable Institution. SIX is not a charity.
 

“Selection Criteria” means the selection criteria set by SIX to ensure only high-impact social intervention projects are listed on SIX and are free to connect with funders within SIX’s pool of network.  To read our Selection Criteria, please click here.
 

“Services” means all services offered or provided to you on or via this website which includes but not limited to access to high performing social intervention projects, SPOs track records, list of audited and high-impact SPOs, access to MaGIC’s marketplace for products and services of social enterprises and others.  The services provided on SIX are an administrative nature only.
 

“SPOs” means social purpose organisations with high performing social intervention projects.
 

“Third Party Vendors” means any party appointed by SIX to provide the Internet Services.

 

Disclaimer

The Contents and information on this website, are provided by SIX on an “as is” and “as available” basis.  References to Content and information contained in the website include such material and information provided by third parties.
 

SIX will use reasonable efforts to include accurate and up-to-date information on this website but makes no warranties or representations of any kinds as to its accuracy, currency or completeness.  You agree that access to and use of this website and the content thereof is at your own risk. 
 

SIX does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, correctness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of the website, the materials, information and/or functions therein and expressly disclaims liability for errors and omissions in such materials, information and/or functions.  Without derogation of the above and/or the terms and conditions of the applicable agreements governing all the products and services of SIX, reasonable measures will be taken by SIX to ensure the accuracy and validity of all information relating to transactions and products of SIX which originate exclusively from SIX.
 

SIX facilitates the listing of high performing projects but is not a party to any agreement between a high performing project and a potential donor or funder.  SIX is not, an agent, financial institution, creditor or insurer for any user. SIX has no control over the conduct of the project and the SPO who runs the project and hereby disclaims all liability in this regard.

 

Indemnity

You agree to indemnify, defend and hold harmless SIX, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fee, resulting from any violation by you of these Terms of Use.

 

Limitation of Liability

Neither SIX nor any party involved in creating, producing or delivering this website shall be liable for any loss or damages, howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct, incidental, consequential, indirect, special, exemplary or punitive damages, including but not limited to, damages for loss of profits, goodwill or other intangible losses arising out of access to, use of or inability to use this website (or any third party hyperlink/link to or from SIX’s website), reliance on the information contained in the website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation or any errors or omissions in the content, or any unauthorized access to or alteration of your transmission or data, or any statements or conduct of any third party on this website, or the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website, or any other matter relating to this website  thereof.  This limitation includes damages to, or for any viruses that infect your computer equipment. 


Third Party Websites and HyperLinks or Links

This website may contain hyperlinks/links or references to other websites maintained by third parties over whom SIX has no control.  Such linked are provided merely as a convenience.  Similarly, this website may be accessed from third party links over whom SIX has no control.  You acknowledge and agree that SIX is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any contents, advertising, products, or other materials on or available from such sites or resources. Hyperlinking to any other site is at your sole risk. Any dealings you have with third parties found while using the Services shall be between you and the third party.
 

You may enable or log into the Services via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”).  As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy.  However, the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and we shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Services.
 

You further acknowledge and agree that SIX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.  SIX makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information.  The inclusion of any third party link does not imply an endorsement or recommendation or verification or approval by the SIX of such hyperlinked websites or the contents therein.

 
Third Party Material(s)

Under no circumstances, whatsoever, will SIX be liable in any way for any content or materials of any third parties (inclusive of Project and SPOs), including, but not limited to, for any errors or omissions in any content or materials of any third parties, or for any loss or damage of any kind incurred as a result of the use of any such content or materials of any third parties. You acknowledge that SIX does not pre-screen any third parties’ content or materials, but that SIX and its officers will have the right (but not the obligation) and in their sole discretion to refuse or remove any content that is made available on SIX via the Services. Without limiting the foregoing, SIX and its officers will have the right to remove any content that violates these Terms of Use or is deemed by SIX, in its sole discretion, to be otherwise objectionable.

 

Waiver

In the event that we fail or neglect to enforce any provision or remedy under this Terms of Use for whatever reason, we shall neither be construed as having waived our rights to enforce the same nor as having waived our rights to any continuing, succeeding or subsequent breach of the same or any other provision in this Terms of Use by you.

 

Privacy

SIX respects the privacy of its website users.  Please refer to SIX’s Privacy Policy that explains users’ rights and responsibilities with respect to information that is disclosed on this website.  To read our Privacy Policy, please click here.

 

Forward-Looking Statements

This website may contain forward-looking statements that are subject to risks and uncertainties that might cause actual results to differ from those foreseen, including risks detailed in SIX’s annual report, including SIX’s most recently tabled and filed report thereof.

 

Confidential Information

SIX will neither edit nor disclose your Confidential Information unless we are required to do so in accordance with any legislation, laws or regulations, to protect our rights and property, enforce any provision in this Terms of Use, to provide you with the services herein, respond to any claim that the content violates the rights of another person.

 

Non-Confidential Information

Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through the internet or post on the website by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and SIX shall have no obligation of any kind with respect to such information.  SIX shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing, publishing and/or marketing purposes thereof.

 

Trademarks

All services and/or product names, whether or not appearing in large print or with the trademark symbol, are trademarks of SIX, its affiliates, related companies or its licensors or joint venture partners unless otherwise noted.  The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes (whichever is applicable).  Please be advised that SIX actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

 

Copyright

The entire contents of this website are subject to copyright protection.  Copyright © 2017 Social Impact Exchange.  All rights reserved.  The contents of this website may not be copied other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed.  Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of SIX.  Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent or trademark of SIX, or any third party.

 

Services Content, Software and Trademarks

You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by SIX, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by SIX from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorised herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of SIX, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reversed by SIX.

 

The SIX name and logos are trademarks and service marks of Social Impact Exchange (collectively the “Social Impact Exchange Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to SIX. Nothing in this Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of SIX Trademarks displayed on the SIX portal, without our prior written permission in each instance.  All goodwill generated from the use of SIX Trademarks will inure to SIX’s exclusive benefit.

 

Void Where Prohibited

This website and its contents are intended to comply with the laws and regulations in Malaysia.  Although the information on this website is accessible to users outside of Malaysia, the information pertaining to SIX is intended for use only by residents of Malaysia.  Other countries may have laws, regulatory requirements and practices that differ from those in Malaysia.  This site may link to other sites produced by SIX various operating divisions and subsidiaries, some of which are outside of Malaysia.  Those sites may have information that is appropriate only to that particular originating country.  SIX reserves the right to limit provision of its products and/or services to any person, geographic region or jurisdiction and/or limit the quantities or any products or services it may provide.  Any offer for any product or service made on this website is void where prohibited.

 

Termination
SIX reserves the right to terminate the Services at any time, in whole or in part, without prior notice if you are in breach of any of these Terms of Use or violate SIX's rights/other users or any third party, have misused the website or you have committed any unlawful acts.
 

SIX may terminate your access to any part or all of the service and any related service(s) at any time, with or without cause, with or without notice, effective immediately. SIX may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the service for an extended period of time. You agree that SIX shall not be liable to you or any third party for any termination of your access to this website.
 

Transmission Through E-Mail Or Internet

E-mail messages sent to SIX over the Internet cannot be guaranteed to be completely secure. SIX is not responsible for any damages incurred by users for the sending of message through the Internet between SIX and the user or otherwise. Due to the nature of the Internet, transactions may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission. SIX is not liable for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages and transactions you send.

 

Interruption Of The Computer System

SIX shall not be liable for any interruption, delays, failures, errors or omissions or loss of transmitted information, viruses or other contaminating or destructive property transmitted or damage that occurs to your computer system. You will be responsible to provide adequate protection and back up of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive property.

 

Rules Of Use

You further undertake NOT to use this website, the Content and the Service in a manner that may infringe the rights or restrict the use and enjoyment of this website, the Content and the Service by any third party, and this includes:
 

  1. conduct or material which is unlawful, offensive, obscene, indecent, defamatory, seditious, abusive or hateful, false, racist or which may harass, distress or cause inconvenience to any person or invade another's privacy, constitutes an illegal threat or constitutes junk mail, encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law or regulation; use of material in a manner which infringe any copyright, trademark or any intellectual property right;
     
  2. use of material protected by trade secret without due authorization;
     
  3. impersonating any person or entity including but not limited to an SIX official or host or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
     
  4. unauthorised access or use of data, systems or networks including any attempt to prove, scan or test the vulnerability of a system or network;
     
  5. monitoring without authority data or traffic on any network or system;
     
  6. using or attaching any viruses, software viruses, Trojan horses, time bombs, worms, cancelbots or like devices which could damage, interfere, intercept or expropriate any system; or using or attaching any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or interfering with the service of any user, host or network including but not limited to mail bombing, flooding, broadcast attacks database or placing an unreasonable burden on SIX system(s);
     
  7. circumventing any user authentication or security of any host, network or account (cracking or hacking or attempting to crack or hack) or poses or creates a privacy or security risk to any person;
     
  8. reselling or providing the website, its content and the Services or any part thereof to another person or entity for profit or otherwise;
     
  9. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means;
     
  10. constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, “junk mails,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” “or any other form of solicitation;
     
  11. use and upload content you do not have a right to upload under any law or under contractual of fiduciary relationships; or
     
  12. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
     
  13. in the sole judgment of SIX, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose SIX or its users to any harm or liability or any type.

 

SIX may in its absolute and unfettered discretion delete or amend this website, the Content and the Service(s) and remove or refuse anything that violates the Rules of Use.  SIX reserves the right to investigate potential abuses of the Rules of Use and SIX will fully co-operate with investigations of suspected criminal violations, violations of system or network under the leadership of law enforcement or relevant local and international authorities.  SIX further reserves the right to suspend or terminate your account and your access to this website, the Content and the Service if is discovered that you have violated or attempted to violate any term of the Rules of Use.

 

User Conduct

You are solely responsible for all Project descriptions, comments, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other material (“Content”) that you upload, post, publish or display (hereinafter, “Upload”) or transmit or otherwise use via SIX.  

The following are examples of the kind of Content and/or use that is illegal or prohibited to be Uploaded on SIX:-

 

  1. any activity that violates any law or governmental regulation;
     
  2. content or campaigns that are fraudulent, misleading, inaccurate or dishonest;
     
  3. illegal drugs, narcotics, steroids, steroids, controlled substances or other products that present a risk to consumer safety or any related paraphernalia;
     
  4. knives, explosives, ammunition, firearms, or other weaponry or accessories;
     
  5. annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), debt collection or crypto-currencies;
     
  6. gambling, gaming and/or any other activity with an entry fee and prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes;
     
  7. the promotion of hate, violence, harassment, discrimination or terrorism, or racial, ethnic, or gender intolerance of any kind;
     
  8. activities with, in, or involving countries, regions, governments, persons, or entities ( including but not limited to Specially Designated Nationals) that are subject to economic sanctions;
     
  9. human trafficking or exploitation;
     
  10. pornography or other sexual content;
     
  11. offensive, graphic, perverse or sensitive content;
     
  12. the defence or support of anyone alleged to be involved in criminal activity;
     
  13. offering monetary rewards, including gift cards;
     
  14. funding an abortion;
     
  15. ending the life of an animal;
     
  16. transactions for the sale of items before the seller has control or possession of the item;
     
  17. collection of payments on behalf of merchants by payment processors or otherwise;
     
  18. credit repair or debt settlement services; or
     
  19. political activities.

 

Modifications to Terms of Use

The Terms of Use herein are not exhaustive.  SIX reserves the absolute right at all times to vary, modify, delete or add to these Terms of Use by giving you prior notice thereof. However, in cases of urgency or in order to protect the security of the portal or in other circumstances beyond our control, when SIX finds it necessary to vary, modify, delete or add to these Terms of Use, it may do so without prior notice to you. It is accepted that in order to keep yourself up-to-date with any variation, modification, deletion or addition to these Terms of Use, you agree to access and peruse these Terms of Use periodically and on a regular basis. You further agree and accept that your continued access and use of these Terms of Use (as varied or modified from time to time) will amount to your acceptance of any variation, deletion, modification or addition to these Terms of Use.

 
Modification of the Service

SIX reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that SIX shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

 
Governing Laws

This Terms of Use and your use of the website shall be governed by the laws of Malaysia without regard to its conflicts of laws principles.  Any legal action or proceeding related to this website shall be brought exclusively in a court of competent jurisdiction sitting in Malaysia.

 

General
The headings used in these Terms of Use are for reference and convenience only and shall not be taken into consideration in the interpretation or construction of these Terms of Use.

Notwithstanding and without prejudice to the generality to the clauses in these Terms of Use, you expressly agree that the use of the Services shall be at your own risk and you shall unconditionally assume all risks, incidental to or arising out of the use of the Services.
 

If any provision of these Terms of Use is held to be illegal or invalid under present or future laws or regulations effective and applicable, such provision shall be fully severable and these Terms of Use shall be construed as is such illegal or invalid provision had never comprised part of these Terms of Use and the remaining provisions of these Terms of Use shall remain in full effect and force and shall not be affected by the illegal or invalid provision or its severance from these Terms of Use.

 

Copyright © 2017 Social Impact Exchange (SIX) Malaysia. All rights reserved | Terms of Use