TERMS & CONDITIONS OF USE

This website is owned and operated by Collective (the “Church”).

1. The Contractual Relationship

These Terms of Use (“Terms”) govern the access and/or use by you, of any applications, payment gateway, material, information, documents and/or content (the “Services"), made available on our website, www.collective.my (the “Website”), whether as a guest/visitor, and/or registered user/member. The access and usage of the Services and the Website have been made available by and through the Church, a religious organisation established in Malaysia.

Kindly carefully read the Terms herein before proceeding to access and/or use the Services and/or the Website.

Your access and use of the Services and/or the Website constitute your agreement to be bound by the Terms, which stands as a contractual relationship between you and the Church.

If you do not agree to these Terms, you SHOULD NOT continue to access or use the Services and/or the Website.

The Terms herein do hereby expressly supersede any prior agreements or arrangements with you. The Church reserves all rights to immediately terminate these Terms and/or your access and/or usage of any of the Services and/or the Website, including those available to you as being a guest/visitor or a registered user/member of the Services and/or the Website, or generally cease its offering or deny access to the Services and/or the Website at any time for any reason, with a minimum notice period of twenty-one (21) days.

The Church reserves the right to offer you, at any time, such supplemental terms as may be necessary and/or apply to certain Services and/or the Website, and such supplemental terms will be disclosed to you in connection with the applicable Services and/or the Website. Supplemental terms are an addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services and/or the Website.

The Church reserves all rights to amend the Terms related to the Services and/or the Website from time to time, with at least seven (7) days due notice provided. Such amended Terms will be effective upon the posting of the updated Terms. Your continued access and/or use of the Services and/or the Website, after such posting occurs, constitutes your consent to be by bound the updated Terms as amended.

Our collection and use of personal information or personal data, in connection with the Services and/or the Website, is as provided in the Privacy Policy Notice: www.collective.my/privacy

2. The Services contained in the Website

Services

The Services contained in the Website and its related applications and/or services, a growing variety and resources provided by the Church and/or any of its related third-party partner(s), affiliate(s) and/or provider(s), including but not limited to:

• viewing of media contents such as videos, podcasts and pictures;
• informational content and material;
• spiritual development content;
• news and updates;
• other various communications tools;
• payment gateway services for giving of tithes, offerings and pledges through third party service provider, Alliance Bank Malaysia Berhad;
• forums;
• personalized content;
• administrative and other electronic messages;
• related third party links and/or materials; and
• other related material, documents, information and/or content which the Church, may in its sole discretion upload on the Website and its related applications and/or services, from time to time.

All data and information contained about and/or related to the Services on the Website shall not give rise to any commitment and/or obligation which is not specifically stipulated in the Terms herein.

Any material, documents, information and/or content posted, uploaded and/or shared through the Website are at no material time to be construed or considered as advice on which reliance should be placed.

License

Subject to your compliance with the Terms, the Church grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:

(i) access and use of the Services and the Website on your personal device solely in connection with your use of the Website; and

(ii) access and use of any material, documents, information and/or content that may be made available through the Website, in each case solely for your personal, non-commercial use, subject at all material times to permissions granted by the Church and/or its licensors. Any rights not expressly granted herein are expressly reserved by the Church and/or and of its affiliated or related licensors.

Restrictions

You may not:

(i) use the Services and/or the Website for any purpose(s) which may:

(a) breach any law, statute, rule, regulation or by-law of Malaysia or any other applicable jurisdiction;

(b) be fraudulent, criminal or unlawful in any way;

(c) be inaccurate or out-of-date; and

(d) may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, defamatory or untrue;

(e) intentionally, knowingly or unknowingly impersonate any other person or body or misrepresent a relationship with any person or body;

(f) be contrary to any specific rule or requirement that is stipulated on the Services and/or the Website (whether it be in relation to a particular part or in general); and

(g) involve your use, delivery or transmission of any viruses, unsolicited emails, ‘trojan horses’ or any computer programming routines that are intended and/or for the purpose of damaging, detrimentally interfering with, surreptitiously intercepting, or expropriate any system, data or personal information.

(ii) remove any copyright, trademark and/or any other IP Rights, or other proprietary notices from any portion of the Services and/or the Website;

(iii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit any of the Services and/or the Website except as expressly permitted by the Church;

(iv) link to, mirror or frame any portion of the Services and/or the Website, without express permission by the Church;

(v) cause to be launched or launch any programs or scripts for the purpose of indexing, surveying or otherwise data mining any portion of the Services and/or the Website or unduly burdening or hindering the operation and/or functionality of any aspect of the Services and/or the Website; and/or

(vi) attempt to gain unauthorised access to or impair any aspect of the Services and/or the Website and/or its related systems or networks.

In addition, you agree that the entire risk arising out of your use of the Services and/or the Website remains solely with you, to the full extent permitted under the laws of Malaysia.

3. Access to the Services and the Website

Access

The Church shall not be responsible and/or liable if the Services and/or the Website is unavailable for any time or for any period.

On occasion, the Church may need to carry out routine repairs, maintenance or introduce new facilities and functions to the Services and/or the Website. You shall be notified of such occasions and are requested to bear with any downtime until the completion of such routine activities.

At any material time, the Church reserves all rights to make changes and/or updates as it deems fit without any further consent from and/or notice to you.

Third Party Services and Content

The Services and/or the Website may be made available or accessed in connection with third party services and content. Accordingly, you acknowledge that different terms of use and privacy policies may apply to your access and/or use of such third-party services and content. Unless expressly agreed or stated otherwise, the Church does not endorse nor control such third-party services and content and in no event shall the Church be responsible or liable for any products or services of such third parties.

4. Rights and Responsibilities of User(s) of the Website

Rights and Responsibilities of the User(s)

The guests, visitors and registered users/members (collectively, the “User”) have, amongst others, the following responsibilities in accessing and/or using the Website and/or the Services:

(i) not provide any false personal information or create an account for anyone other than yourself without permission;

(ii) if the Church disable your account, you will not create another one without our express written permission;

(iii) keep your personal and contact information accurate and up-to-date;

(iv) adhere to all the Terms herein contained, whether individually (separable) or collectively;

(v) understand and accordingly comply with all of the relevant laws governing your access and/or usage of the Services and/or the Website; and

(vi) do all necessary acts to ensure the protection of the Church.

5. User Provided Content

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, posts, or other materials (the “Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom this Content originated.

This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Services and/or the Website. Although the Church monitor the Content submitted to the Website, we cannot reasonably guarantee the accuracy, integrity, quality, or suitability of this Content. You understand and agree that by using the Services and/or the Website, you may be exposed to Content that is offensive, indecent or objectionable. You agree not to use the Services and the Website to:

• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, discriminatory, or racially, ethnically or otherwise objectionable;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
• upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other Users' ability to engage in real-time exchanges;
• interfere with or disrupt the Website or servers or networks connected to the Services and/or Website or disobey any requirements, procedures, policies or regulations of networks connected to the Services and/or the Website;
• intentionally or unintentionally violate any applicable law and regulations;
• “stalk” or otherwise harass another; and/or
• collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above.

The Church may or may not pre-screen Content, but the Church shall have the right (but not the obligation) and sole discretion to pre-screen, refuse, or remove any Content that is available through the Website for any reason.

6. Links and external websites

The Website may provide, or third parties may provide, links to internet banking sites, payment gateway, other sites or resources. You acknowledge and agree that the Church has no control over such sites and resources, and that the Church is therefore not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

You further acknowledge and agree that the Church shall not be responsible or liable in any way for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

7. Termination or closing Accounts

You acknowledge and agree that the Church may, without giving any reason and without prior notice, at our sole discretion, immediately terminate your account and access to the Services and/or the Website at any time and for any reason, and shall not be liable to you or any third party for any termination of your account or access to the Services and/or the Website. You agree that we will not be liable to you or to any third party for termination of your access to the Services and/or the Website as a result of any violation of these Terms.

8. Indemnity

You agree to indemnify and hold the Church and its trustees, pastoral staffs, officers, employees, volunteers, agents, subsidiaries and affiliates harmless from any and all claims, demands, losses, liabilities and expenses (including legal costs and fees) arising out or in connection with:

(i) your use of the Services and/or the Website;
(ii) your breach or violation of any of the Terms herein contained;
(iii) the Church’s use of your User Content; or
(iv) your violation of the rights of any third party, including the third party goods and service provider(s).

9. Intellectual Property

For the purpose of the Terms herein and/or the Privacy Policy Notice, Intellectual Property Rights shall include a non-exhaustive list of, amongst others, copyrights, trademarks, patents, designs, methods, know-hows and processes (the “IP Rights”).

The Church and/or its licensors are the sole owners of all IP Rights (whether jointly or severally) contained and/or related to and/or connected with the Website and all content and material contained therein, with the exception of User Content. All works, content and materials on the Website are protected by international copyright laws and treaties. All such rights are hereby expressly and impliedly reserved.

No content or material contained on the Website is to be used for any commercial purpose and/or public circulation without the express permission of the Church and/or its licensors.

Should there be infringement of any of the rights owned by the Church and/or its’ licensors, all action shall be taken to the full extent permitted by law to seek redress and relief for such infringement, including but not limited to an immediate cease placed on the accounts of the said user/member and/or any third party goods and service provider(s).

9. Limitation of Liability

Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages. You expressly understand and agree that any material downloaded or otherwise obtained through the use of the Services and/or the Website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any downloaded material.

10. Governing Law and Jurisdiction

The Terms and your use of the Services and/or the Website (an all non-contractual relationships arising out of or connected to them) shall be governed and construed in accordance with the prevailing laws of Malaysia.

Any disputes which may arise out of or which may be related to or in connection with the the Services and/or the Website and/or the Terms shall fall under the exclusive jurisdiction of the courts of Malaysia, for the settlement of such disputes.

11. Notice

The Church may give notice, by means of general notice, on the Services and/or the Website and/or the Terms herein contained, electronic mail to your email address as registered and/or provided during your registration for a user/member account within the Website or by written communication sent to your address as contained in the registered account.

12. Severability

If at any material time, during the subsistence of the Terms, there are changes to laws, regulations, by-laws or otherwise, which may render any of the Terms illegal, invalid or otherwise unenforceable in any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms shall survive, remain in force and effect and continue to be binding on all parties herein concerned.