Terms & Conditions

1. Terms and Conditions

• Our Terms and Conditions were last updated on 31 July 2024.
• Please read these terms and conditions carefully before using Our Service.

2. Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• “Account” means a unique account created for You to access our Service or parts of our Service.
• “Company” (referred to as either “the Organisation”, “We”, “Us” or “Our” in this Agreement) refers to Gurdwara Sahib Pontian.
• “Country” refers to Malaysia.
• “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
• “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
• “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
• “Service” refers to the Website.
• “Terms and Conditions” (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Organisation regarding the use of the Service.
• “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.
• “Website” refers to GSPONTIAN, accessible from www.gspontian.org.my.
• “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

3. Acknowledgment

• These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Organisation. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
• Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
• By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
• You represent that you are over the age of 18. The Organisation does not permit those under 18 to use the Service.
• Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Organisation. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

4. User Accounts

• When You create an account with Us, You must provide Us information that is accurate, complete, and current always. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
• You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
• You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account.
• You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

5. Content (Your Right to Post Content)

• Our Service allows You to post Content, such as photographs submitted to the Photo Gallery. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
• By posting Content to the Service, You grant Us the right and licence to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this licence includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
• You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and licence as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

6. Content Restrictions

The Organisation is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine or randomly generated, constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• Impersonating any person or entity including the Organisation and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.

The Organisation reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Organisation further reserves the right to make formatting and edits and change the manner of any Content. The Organisation can also limit or revoke the use of the Service if You post such objectionable Content. As the Organisation cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Organisation be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

7. Content Backups

• Although regular backups of Content are performed, the Organisation does not guarantee there will be no loss or corruption of data.
• Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
• The Organisation will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Organisation has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
• You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

8. Copyright Policy

Intellectual Property Infringement

• We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
• If You are a copyright owner, or authorised on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at president@gspontian.org.my and include in Your notice a detailed description of the alleged infringement.
• You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright’s interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorised to act on the copyright owner’s behalf.

You can contact our copyright agent via email. Upon receipt of a notification, the Organisation will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

9. Intellectual Property

• The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Organisation and its licensors.
• The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Organisation.

10. Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Organisation. If for any reason such assignment is ineffective, You agree to grant the Organisation a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and licence to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

11. Links to Other Websites

• Our Service may contain links to third-party web sites or services that are not owned or controlled by the Organisation.
• The Organisation has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Organisation 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 web sites or services.
• We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

12. Termination

• We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
• Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

13. Limitation of Liability

• Notwithstanding any damages that You might incur, the entire liability of the Organisation and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t made any payment through the Service.
• To the maximum extent permitted by applicable law, in no event shall the Organisation or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Organisation or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
• Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

14. “AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Organisation, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Organisation provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Organisation nor any of the Organisation’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Organisation are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

15. Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

16. Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Organisation.

17. Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

18. Donations and Refunds

We are grateful for your donation and continued support of our organisation’s objectives and goals. We appreciate every donation received and we work hard to ensure that every donation is put to good use for the community. Donations are normally non-refundable but if you have made an error in making your donation please contact us. The only circumstances in which refunds will be made is where unauthorised use of your payment card was made. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider and/or e-wallet provider in accordance with its reporting rules.

Error in the amount of donation pledged

Should an error be made in the amount of any donation made through our website, please notify us within fourteen (14) working days of your donation being made as we need to do the required bank reconciliation before processing your refund/cancellation request.

Change of heart on donation

Refunds of the amount pledged cannot be made simply because you have changed your mind. It is for this reason that we ask that you make your choice to donate carefully. We are under no obligation to give a refund but will ensure that any genuine errors (such as the amount donated) are rectified.

How to request a refund or cancellation

To request a refund or cancellation, please contact us via WhatsApp at 019-222 2898. Alternatively, email your information (full name and contact number) and slip(s) related to the payment to president@gspontian.org.my. Please note that requests made later than fourteen (14) working days of your donation will not be handled.

For online transactions, refunds/cancellations will be processed by us within approximately one to two weeks. Refunds to your credit card accounts by your credit card providers will take approximately one to two months.

19. Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

20. Contact Us

If you have any questions about this Terms & Conditions, you can contact us:

Email

president@gspontian.org.my

Phone

+60 18-245 1313 (WhatsApp available)

Mail

50, Lorong Gurdwara, Kampung Dalam, 82000 Pontian, Johor, Malaysia

Website

www.gspontian.org.my