Date of Last Revision: Jan 1, 2023

Subject to these Terms of Service, as amended from time to time (“Terms of Service”), MyMIKA provides the MyMIKA platform to you through its website at www.mymika.asia If you are an Admin to an Organisation (as defined below) or Member (as defined below) (collectively referred to herein as a “User”) you are contracting with MyMIKA operator, Authentic Venture Sdn Bhd., 906B Diamond Complex, Bandar Baru Bangi, Selangor, Malaysia.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time and without notice. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision.

Your continued use of the Services after the date of any such changes constitutes your acceptance of the new Terms of Service.

ACCESS AND USE OF THE SERVICES

The Services Description:

MyMIKA is a global platform for masjid/organisations to collect donation/infaq from members. All users of MyMIKA are members of MyMIKA platform. MyMIKA provides services for the Organisation to manage their operation such as accepting fund, accounting module, membership module and members portal. . MyMIKA also have other modules that are made available to users as part of MyMIKA product development works. The Fund Collection Services are offered as a platform to allow an organization (the “Organisation”) to post a fund initiative (“Fund Initiative”) to the MyMIKA Platform to accept monetary donations (“Infaq or Donations”) from MyMIKA members (“Members”) or the public via the MyMIKA public page. The donation could be for the organisation itself or on behalf of the beneficiary of the Fund Initiative(“Beneficiary Organisation”).

Payment Processor: MyMIKA is not a payment gateway. MyMIKA uses third-party payment gateway to process Fund Transfer or Receive Donations for the Organisation. You acknowledge and agree that the use of Payment Gateway is integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of the Services.

Transaction Fee: Transaction fee for MyMIKA services and Payment gateway FPX and credit and debit charges, is deducted from each donation (hereinafter and on the website referred to as “Transaction Fee”). To learn more about the MyMIKA Platform and the applicable Transaction Fee, visit MyMIKA Pricing.

The Services are Platform;The Services are administrative platforms only. MyMIKA facilitates the Organisation and permits MyMIKA members to make donations to these Organisations via the MyMIKA Platform.

All information and content provided by MyMIKA relating to the Services is provided by MyMIKA organisation users and MyMIKA does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. You acknowledge that all information and content accessed by you using the Services is at your own risk.

MyMIKA has no control over the conduct of, or any information provided by a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any User or Organisation.

No Solicitation: The Platform is offered to help Organisation raise money. MyMIKA merely provides the technology to allow Organisations to connect with Donors. By using the Services, you understand and agree that MyMIKA is not responsible for the use of your Donations or the amount of funds raised for the User or Organisation.

Donors: All Donations are at your own risk. When you make a Donation through the Platform, it is your responsibility to understand how your money will be used and to check the Fundraiser content regularly for any updates. We do not and cannot verify the information that Users or Fundraisers supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Fundraiser or in accordance with applicable laws.

Organisations: You, as an Organizer, represent, warrant, and covenant that: (i) all information you provide in connection with a Fundraiser or Beneficiary is accurate, complete, and not likely to deceive Users and that you will post updates as needed so that Users understand the use of funds and any other relevant information about your Fundraiser; (ii) all Donations contributed to your Fundraiser will be used solely as described in the materials that you post or otherwise provide. You authorize MyMIKA, and MyMIKA reserves the right to provide information relating to your Fundraiser to Donors, Beneficiaries of your Fundraiser or law enforcement or other regulatory authorities, and to assist in any investigation thereof.

If you use the Services as an agent of an Organisation to raise funds for such Organisation, you represent and warrant that: (a) you are a representative of the Organisation, which representative is authorized to raise funds for the Organisation and bind the Organisation to these Terms of Service; (b) you are raising funds for an Organisation, with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; (c) all donated funds will be used solely for the purpose you have stated on and in connection with your Fundraiser, and under no circumstances may you use the funds for any other purpose;

Your Registration Obligations: You may be required to register with MyMIKA to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself or your Organisation as prompted by the Services’ registration form. Organizers must register using their true identities (or the identities of the Organisation authorized representatives), including their name, address and any image or video purporting to depict the Organisation. You agree to keep registration information current and up to date.

Registration data and certain other information about you are governed by these Terms of Service. If MyMIKA or one of our Payments Gateway providers at any time discovers that the information you provided about you or the purpose of your Fundraiser is incorrect or violates any of these Terms of Service or their terms of service, your access to the Services may be immediately suspended and/or terminated and fines may be applied by relevant authorities, which will in all such cases be payable by you.

Receiving Funds. Receipt of Donations, minus any applicable Transaction Fees, is based upon and subject to the applicable Payment Processor’s procedures and terms. Available Payment Processors are described under “Payment Gateway”

Taxes: It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to: (i) immediately notify MyMIKA of any unauthorized use of your password or account or any other breach of security; and (ii) sign out from your account at the end of each session when accessing the Services. MyMIKA will not be liable for any loss or damage arising from your failure to comply with this section.

Modications to the Services: MyMIKA reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.

Data Retention: You acknowledge that MyMIKA has no obligation to you to retain data relating to any account or Fundraiser. You acknowledge that MyMIKA reserves the right to delete data or to terminate accounts or Fundraisers at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

PROHIBITED CONDUCT

You are solely responsible for compliance with all applicable law in relation to your Fundraiser or use of the Services. You are further solely responsible for all User Content that you upload, post, publish, display, transmit or otherwise use. You are also responsible for ensuring the funds raised are used for the purpose outlined in the Fundraiser. If you are not the Beneficiary of the Fundraiser you organize, you agree to deliver funds to the ultimate Beneficiary directly and as soon as possible. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service.

MyMIKA reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate these Terms of Service or harm the interests of our Users, business partners, the public, or MyMIKA Platform, or that expose you, MyMIKA, or others to risks unacceptable to us.

DONOR CONDUCT

Donations: In order to contribute to an Organisation, a Donor will be required to provide MyMIKA information regarding the Donor’s payment information. You, as a Donor, represent and warrant to MyMIKA that such information is true, current and accurate and that you are authorized to use the applicable Payment Gateway.

ORGANISATION AND BENEFICIARIES

Payment of Donations from a Fund: For the organisation where the Payment Gateway is linked to the Organisation bank account, the payment of the money from Payment Gateway account to the organisation account will be done according to the terms and conditions of the payment gateway.

For the Organisation where the fund raising is done by MyMIKA, the payment of the Donation from MyMIKA account ( managed by Authentic Venture Sdn Bhd) will be done on a scheduled basis. The standard schedule is on monthly basis.

OPAYMENT GATEWAYS

MyMIKA uses Payment Gateway to process Donations for your Fundraiser and thereafter deliver it to you. In order to withdraw funds from a Fundraiser, an Organizer will be required to provide the Payment Gateway information regarding bank account information. The Organisation warrant to Payment Gateway and MyMIKA that such information is true and that you are authorized to use the applicable Organisation Account.

INTELLECTUAL PROPERTY RIGHTS

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 authorized by MyMIKA, 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 own User Content 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, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by MyMIKA 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 authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of MyMIKA (operated by Authentic Venture Sdn Bhd) . 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 reserved by MyMIKA.

Third-Party Material: Under no circumstances will MyMIKA be liable in any way for any content or materials of any third parties (including Users) or any User Content (including, but not limited to, for any errors or omissions in any User Content), or for any loss or damage of any kind incurred as a result of the use of any such User Content.

User Content Transmitted Through the Services: With respect to the User Content, you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto.

User Content Transmitted Through the Services: With respect to the User Content, you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto.

INDEMNITY AND RELEASE

You agree to release, indemnify on demand and hold MyMIKA and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Fundraiser, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MYMIKA EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

MYMIKA MAKE NO WARRANTY OR CONDITION THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MYMIKA WILL BE LIABLE FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES; (II) DAMAGES FOR LOSS OF PROFITS;, (III) DAMAGES FOR LOSS OF GOODWILL;, (IV) DAMAGES FOR LOSS OF USE; (V) LOSS OR CORRUPTION OF DATA; OR (VI) OTHER INTANGIBLE LOSSES (EVEN IF MYMIKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) 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 THE SERVICES; (C) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MYMIKA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MYMIKA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED RINGGIT MALAYSIA (RM100).

DISPUTES

ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.

Arbitration; Class Action Waiver: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

TERMINATION

You agree that MyMIKA, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any User Content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

USER DISPUTES

You agree that you are solely responsible for your interactions with any other User in connection with the Services and MyMIKA will have no liability or responsibility with respect thereto. MyMIKA reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User of the Services

GENERAL

These Terms of Service constitute the entire agreement between you and MyMIKA and govern your use of the Services, superseding any prior agreements between you and MyMIKA with respect to the Services. You also may be subject to additional terms of service that may apply when you use affiliate or third-party services, third-party content or third-party software.