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 https://collective.my (the “Website”), whether as a guest/visitor, and/or registered user/member. These Terms shall also apply where you participate in, attend, register for, donate to, submit forms to, or otherwise engage with any programmes, activities, events, initiatives, ministries, services or offerings made available by or through the Church, whether online or offline. The access and usage of the Services and the Website and such participation or engagement have been made available by and through the Church, a religious organization 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. By accessing and/or using the Website and/or Services, you acknowledge that you have read and agree to be bound by these Terms and the Privacy Policy of the Church, which is incorporated into these Terms by reference. You further consent to the collection, use, disclosure, storage and processing of your personal data in accordance with the Privacy Policy, as may be amended from time to time.

The Terms herein do hereby expressly supersede and replace all previous versions of the terms and conditions in relation to the Website and/or Services. The Church reserves all rights, at any time and for any reason, upon notice to you, 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, upon notice.

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.

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:

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 or during Services or other Church activities are at no material time to be construed or considered as advice on which reliance should be placed. Without limiting the generality of the foregoing, all content, sermons, devotionals, counselling materials, podcasts, videos, articles, discussions, communications, spiritual development content and other materials made available through the Website and/or Services are provided for general informational, spiritual and educational purposes only and do not constitute or amount to medical advice, mental health advice, psychiatric advice, financial or investment advice, legal advice, tax advice and/or professional counselling services.

For the avoidance of doubt, the Church does not guarantee, warrant or promise any particular spiritual, emotional, psychological, physical, counselling, personal, relational or other outcome arising from or in connection with your access to or participation in the Website, Services, sermons, counselling sessions, programmes, ministries, prayers, activities or events, including, for example, any promises of healing, restoration, counselling success, personal transformation or programme effectiveness. You are encouraged to seek independent professional advice from appropriately qualified professionals before acting or refraining from acting based on any material, documents, information and/or content made available through the Website and/or Services. The Church does not warrant or represent that any material, documents, information and/or content made available through the Website and/or Services is suitable, accurate or sufficient for your specific circumstances or needs.

License

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

Restrictions

You may not:

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:

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:

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.

The Church shall not be liable for any direct, indirect, incidental, consequential, special or punitive loss, damage, cost or expense (including, without limitation, loss of data, loss of profits, loss of goodwill and/or business interruption) arising out of or in connection with your access to, use of, inability to use, or reliance upon the Website, the Services, any third-party sites, payment gateways, resources and/or any material, documents, information or content made available therein, whether arising in contract, tort, negligence, strict liability or otherwise.

You agree to indemnify, defend and hold harmless the Church, including its officers, employees, volunteers, representatives, affiliates and service providers, from and against any and all claims, actions, proceedings, liabilities, losses, damages, costs and expenses (including reasonable legal fees on a solicitor-client basis) arising out of or in connection with your breach of these Terms, misuse of the Website and/or Services, violation of any applicable law, or infringement of any rights of any third party.

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.

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:

9) Intellectual Property

For the purpose of the Terms herein and/or the Privacy Policy Notice, “Intellectual Property Rights” or “IP Rights” means all intellectual property rights whether registered or unregistered, subsisting anywhere in the world, including but not limited to copyrights, trademarks, service marks, trade names, logos, device marks, patents, industrial designs, design rights, database rights, domain names, moral rights, and all rights in confidential information, trade secrets, know-how, methodologies, processes and other proprietary materials.

For the avoidance of doubt, IP Rights shall also include all rights in and to any materials, content and resources produced, created, developed or made available by or on behalf of the Church, including without limitation sermons, teachings, sermons recordings, devotionals, worship materials, liturgical content, study guides, articles, publications, videos, podcasts, media content, curriculum materials and any other spiritual, educational or ministry-related content, whether made available in physical, digital or any other form.

IP Rights shall further include all applications, renewals, extensions and rights to apply for any of the foregoing.

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. Without limiting the generality of the foregoing, you shall not copy, reproduce, modify, adapt, translate, distribute, republish, upload, transmit, display, perform, reverse engineer, decompile, disassemble, extract or otherwise attempt to derive the source code, underlying structure, ideas, know-how or proprietary information from any content, materials or IP Rights of the Church, in whole or in part, without the prior express written consent of the Church.

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).

10) Parental Consent for Use of Website and Services

You represent and warrant that you are at least eighteen (18) years of age, or if you are below eighteen (18) years of age or otherwise considered a minor under applicable laws, you have obtained the consent, supervision and approval of your parent or legal guardian to access and use the Website and/or Services.

Where you are a parent or legal guardian permitting a minor to access or use the Website and/or Services, you agree that you are fully responsible for the minor’s access to and use of the Website and/or Services, including any registration, participation in programmes, submission of forms, communications or any other activities conducted through the Website and/or Services.

The Church shall not be responsible or liable for any use of the Website and/or Services by any minor without appropriate parental or legal guardian consent.

11) User Code of Conduct

Code of Conduct: 

You agree that you shall, at all times, use the Website and/or Services, and participate in any programmes, activities, events or use of any premises or facilities of the Church, in a lawful, respectful and appropriate manner.

Without limiting the generality of the foregoing, you shall not engage in any conduct that is harassing, abusive, threatening, disruptive, offensive or otherwise inappropriate, including conduct that disrupts worship, services, programmes or Church activities, or that causes inconvenience, distress or harm to any person.

You shall not engage in any discriminatory behaviour on the basis of race, religion, nationality, gender, age, disability or any other protected characteristic, nor shall you engage in any unlawful activity or encourage, assist or facilitate any unlawful conduct.

You shall not engage in any inappropriate, exploitative or harmful conduct towards minors or any vulnerable persons, whether physical, verbal, digital or otherwise.

You shall not misuse or interfere with any facilities, equipment, systems or resources of the Church.

The Church’s Removal Rights: 

The Church reserves the right, at its sole discretion, to deny access to, suspend, restrict or remove any person from any programme, activity, event, use of or access to the Website or Services, or physically from any premises or facilities, at any time, where the Church reasonably considers such action necessary for safety, security, managing misconduct, operational or other reasons for the protection of the community, and the Church shall not be liable for any such action.

12) Health, Safety and Medical Disclaimer

You acknowledge and agree that your participation in any Services, programmes, activities, events or gatherings organised, hosted or conducted by the Church, whether online, physically at Church premises or at any other location, is voluntary and undertaken entirely at your own risk.

You are solely responsible for ensuring that you are medically, psychologically and physically fit to participate in any such Services, programmes, activities, events or gatherings.

To the fullest extent permitted by law, the Church shall not be responsible or liable for any injury, illness, loss or damage suffered by you in connection with your participation.

In the case of minors, participation in any Services, programmes, activities, events or gatherings shall be subject to prior consent. Such consent shall be provided in such form and manner as may be prescribed by the Church from time to time, including through separate registration, consent and/or medical declaration forms submitted to [email protected].

13) Donation, Tithes and Offerings

All donations, tithes, offerings, pledges and other contributions (“Contributions”) made to the Church through the Website and/or Services are made voluntarily and at your own discretion for the charitable, religious, ministry, community and operational purposes of the Church.

Unless otherwise required by applicable law, or by the requirements of the relevant payment service provider, all Contributions are generally non-refundable, provided always that any refund, where applicable, shall be subject to the proper notice and procedures prescribed by the relevant payment service provider.

Where any Contributions are designated or earmarked for a particular programme, project, activity or purpose, the Church shall use reasonable efforts to apply such Contributions accordingly. However, where such programme, project, activity or purpose is completed, unavailable, impractical, no longer required or otherwise unable to proceed, the Church reserves the right to redirect or apply such Contributions towards other charitable, religious, community or operational purposes of the Church as it deems appropriate.

14) Photography, Recording and Media Consent

You acknowledge and agree that the Church may, from time to time, photograph, audio record, video record and/or livestream its Services, programmes, activities, events and gatherings for religious, ministry, educational, archival, security, communications and/or promotional purposes.

Accordingly, your attendance at or participation in any such Services, programmes, activities, events or gatherings may result in your incidental appearance, image, voice and/or likeness being captured in photographs, audio recordings, video recordings, livestreams or other media.

You consent to the Church using, reproducing, publishing, displaying, transmitting and/or distributing such photographs, recordings and media materials, whether in whole or in part, on the Website, social media platforms, livestreams, publications, promotional materials or other communications channels of the Church, without compensation or further notice to you.

Where required by the Church in specific circumstances (including, without limitation, in relation to minors, featured participants or particular programmes), separate media consent forms may be requested. Kindly contact [email protected] should you have any questions, concerns or requests relating to photography, recordings, livestreams or media usage by the Church.

15) Complaints, Feedback and Escalation Procedure

If you have any complaint, concern, feedback or dispute relating to the Website, Services, programmes, activities, events, personnel, volunteers or operations of the Church, you are encouraged to first raise the matter directly with the Church through [email protected].

The Church may, at its sole discretion, review, investigate, respond to and/or take such action as it deems appropriate in relation to any complaint, concern or dispute raised.

You agree to act in good faith and in a respectful and lawful manner throughout any complaints or escalation process and shall provide accurate and complete information reasonably requested by the Church for purposes of review or investigation.

Nothing in this clause shall prevent the Church from taking immediate action where reasonably necessary for safety, security, operational, medical or legal reasons.

16) 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.

17) Compliance with the Malaysian Federal Constitution

For the avoidance of doubt, the Website, Services and all content made available by the Church are intended solely for lawful purposes in accordance with applicable laws and regulations in Malaysia, including the Federal Constitution of Malaysia and any applicable state enactments.

The Website, Services or any content therein in any manner is not intended for any use prohibited under applicable Malaysian laws, including any laws or regulations restricting the propagation of any religious doctrine or belief to persons professing the religion of Islam.

18) Compliance with Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA 2001”)

You represent and warrant that all payments, contributions, tithes, offerings, donations and/or pledges made to the Church through the Website and/or Services (whether via payment gateway or otherwise) are derived from legitimate sources and do not constitute proceeds of any unlawful activity, including, without limitation, money laundering, terrorism financing or any other activity prohibited under applicable laws, including, without limitation, the AMLA 2001, as may be amended from time to time.

You further agree to comply with all applicable laws and regulations in relation to any use of the Website and/or Services and shall not use the same for any unlawful or illicit purpose.

You shall indemnify, defend and hold harmless the Church, its officers, employees, volunteers, representatives, affiliates and service providers from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, penalties, costs and expenses (including legal fees on a full indemnity basis) arising out of or in connection with any breach of this clause or any breach of applicable laws by you.

19) Governing Law and Jurisdiction; Dispute Resolution

The Terms and your use of the Services and/or the Website (and 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 dispute, controversy or claim arising out of or in connection with the Website, Services and/or these Terms, including any question regarding its existence, validity, interpretation, performance or termination, shall be referred to and finally resolved by arbitration in Malaysia in accordance with the Asian International Arbitration Centre (AIAC) Arbitration Rules for the time being in force, which rules are deemed to be incorporated by reference into this clause.

The seat of arbitration shall be Kuala Lumpur, Malaysia. The tribunal shall consist of one (1) arbitrator to be appointed in accordance with the AIAC Arbitration Rules. The language of the arbitration shall be English.

The parties agree that the arbitration proceedings, all materials disclosed during the arbitration and the arbitral award shall be confidential, except to the extent disclosure is required by law or for purposes of enforcement of the arbitral award.

20) 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.

21) 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.