TERMS OF USE


WELCOME TO CISTA


Welcome to CISTA, an online campaign platform developed by INVOKE Solutions Sdn Bhd (“we”, “us”, “our”, “CISTA”, “INVOKE”). CISTA may be accessed via a desktop or mobile site, as well as via a mobile application, each of which are “CISTA”. CISTA uses tech and data based solutions to help campaigners campaign, and volunteers volunteer, as efficiently and effectively as possible.


BASICS OF USING CISTA


You may be using CISTA either as a Campaigner, a Candidate, a Volunteer, or generally as a Campaign Supporter (“you” or “User”). Your use of CISTA shall be governed by these Terms of Service and any applicable additional terms such as our Privacy Policy, each of which are automatically incorporated into these Terms of Service (together, “Terms”). Any capitalised words used in these Terms which are not immediately defined are defined in the 'Glossary' section below.

By clicking the “I Accept” box, you indicate that these Terms are a binding agreement between you and us which you have read and understood. We may modify these Terms from time to time at our discretion, but if we do, we will bring it to your attention by placing a notice on CISTA. Your continued use of CISTA indicates that you agree with such modifications.

If you are a Campaigner, you may have an Agreement which provides further details on your access to use CISTA. You must follow the terms of your Agreement with us at all times in addition to these Terms.

If you are a Campaigner, you may have an Agreement which provides further details on your access to use CISTA. You must follow the terms of your Agreement with us at all times in addition to these Terms.

You must also follow all Applicable Laws in your use of CISTA. If your use of CISTA is prohibited by Applicable Laws, then you aren't authorised to use CISTA. We are not responsible for your use of CISTA in a way that breaches the law. If this happens, or if you do not follow these Terms, we may terminate, suspend, or disable access to your Account.

If you have any questions, comments or concerns regarding these Terms, please contact us at support@cista.community.


INTELLECTUAL PROPERTY


CISTA is the sole property of INVOKE and is protected by Malaysian and foreign copyright, trademark and other laws. Ownership of all intellectual property and other rights in CISTA and CISTA Content remain with us and are protected under the Applicable Laws. Except for any licence or subscription rights granted under the relevant Agreements, no intellectual property rights are transferred. We reserve all rights not specifically granted in these Terms.

You promise to abide by all copyright notices, trademark laws, information, and restrictions contained in CISTA and CISTA Content, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, sell, resell, licence, rent, assign, share, outsource, reverse engineer, create derivative works based on, or otherwise exploit for any purpose, any CISTA Content, (i) without our written permission, or (ii) in a way that violates our or any third party's rights.


HOW WE USE AND PROTECT YOUR DATA


Please read our Privacy Policy to understand our practices for collecting, using, processing, protecting and disclosing your personal information.

We take reasonable precautions to protect the security of your information, including having physical, technical and managerial measures to prevent unauthorised access. However, please be aware that no security measures are foolproof and no method of data transmission can be guaranteed against any interception or other type of misuse. If we learn of a security breach, we will notify you in accordance with applicable law.

At all times, we encourage you to take the appropriate precautions. For example, do not share your registration information, bank or credit card information with anyone and make sure you use a secure web browser.


USER ACCOUNTS


In order to use CISTA, you are required to sign up for an Account, and to select a password and username (“User ID”). When it comes to your Account, you:
  • are to provide us with truthful, non-misleading, accurate, complete, and updated registration information about yourself.
  • may not select as your User ID a name that you don't have the right to use, or another person's name with the intent to impersonate that person.
  • may not transfer your Account to anyone else without our prior written permission.
  • are responsible for keeping your Account login credentials (username and password) confidential and not sharing them with unauthorised users. If you disclose your login credentials to someone, you are responsible for any use, disclosure, additions, deletions and modifications of your information.
  • will promptly report to us any unauthorised use of your login information or the Services of which you become aware.
  • will ensure that you log out from your Account at the end of each session, especially after completing a donation or purchase on CISTA.
  • are responsible for any activity associated with your Account.

When signing up for an Account, we will ask you to provide your full name, your national registration identity card (NRIC) details, your voting address, and a valid mobile phone number. Thereafter, our system will automatically generate a verification code and send the verification code via a text message to the mobile phone number you provided. You have to verify your Account by entering the verification code on the registration page in the Application. Please note that your mobile number is linked to your Account and you cannot create a new account with a registered mobile number.

THE VERIFICATION CODE (ONE TIME PASSWORD/OTP) IS AUTOMATICALLY PRODUCED BY OUR SYSTEM. WE DO NOT KNOW AND DO NOT ASK FOR YOUR VERIFICATION CODE. NEVER PROVIDE THE VERIFICATION CODE TO ANYONE EVEN TO US OR OTHER PARTIES WHO REPRESENT THEMSELVES AS OUR REPRESENTATIVES.

RESPONSIBILITY FOR CONTENT


Any content and information displayed on CISTA (“User Content”) is the sole responsibility of the User providing that content. This means:
  • you are responsible and agree to take responsibility for all content published, distributed or linked to your Campaign and/or Account, as well as to abide by the relevant copyright laws.
  • you access other Users' Content at your own risk. We aren't liable for any errors or omissions in User Content, or for any damages or loss you might suffer in connection with it. We do not review User Content and any issues with that User Content should be directed to the User who provided the content. You are responsible for your interactions with other Users.

Notwithstanding this, if we reasonably believe that any parts of User Content breach any laws, infringe the rights of any third party, or otherwise breach these Terms and/or Agreement with us (“Prohibited Content”), we may terminate, suspend, or disable access to the related User Account and/or Campaign. We may also do this where the Prohibited Content may disrupt or threaten CISTA, or in accordance with applicable law or any judicial, regulatory or other governmental order or request. If this happens, we will provide prompt notice to you (unless prohibited by law) for your rectification within 48 hours of our notice. We retain the discretion to terminate Accounts and/or Campaigns of repeat infringers in appropriate circumstances.

User Content may also contain links or connections to third-party websites or services that are not owned or controlled by us. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that we are not responsible for such risks. We encourage you to be aware when you leave CISTA and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilise. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practises of or opinions expressed in any third-party websites or by any third-party that you interact with through the User Content and/or CISTA. By using CISTA, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

CAMPAIGN FUNDRAISING


A Campaign may raise funds on CISTA by collecting donations from Users or by selling merchandise through its Campaign eStore (“Campaign Fundraising”).

You may wish to support such Campaign Fundraising efforts. When you do so, please note that all transfers of funds to a Campaign, whether by way of donation or purchase (“Funds”), are at your own risk. It is your responsibility to understand how your Funds will be used by a Campaigner. We do not and cannot verify the information that the Campaigners supply, nor do we represent or guarantee that the Funds will be used in accordance with any fundraising purpose prescribed by a Campaigner or in accordance with applicable laws. We do not offer refunds for any reason whatsoever, so please take care not to inadvertently or mistakenly transfer Funds to a Campaign or allow unauthorised access to your account causing this to happen.

However, we take possible fraudulent activity and the misuse of Funds very seriously. If you have reason to believe that a Campaigner is not using the Funds for their stated purpose, please email us at support@cista.community to alert our team of this potential issue and we will take the appropriate action.

Likewise, a Campaigner is wholly responsible for the goods or services (“Goods”) sold on a Campaign eStore. We do not make any guarantees as to the quality, fitness, and legality for sale of such Goods. However, if you have reason to believe a Campaigner is using the eStore in any illegal or unauthorised manner or for like purpose, please email us at support@cista.community.

Please be aware that no Campaign Fundraising may be done through CISTA such that Funds are raised in exchange for equity, revenue sharing or investment projects. We are not and do not hold ourselves out as a registered market operator authorised by the Securities Commission Malaysia (or its counterpart in any other jurisdiction) to carry out business as an equity, peer-to-peer, or property crowdfunding operator or platform.


CONFIDENTIALITY POLICY


We take confidentiality very seriously and all our employees agree to strict confidentiality obligations. Any wilful violation of those confidentiality obligations is a fireable offence and grounds for legal action. On this basis, we grant some of our employees access to your Confidential Information to the extent necessary for the functioning of CISTA.


FORCE MAJEURE


We shall not be liable to you or any other person, firm or entity for any failure of performance under these Terms if such failure affecting us or our service providers and contractors is due to any cause or causes outside of our control, including, but not limited to, strikes, labor disputes, lockouts, or work stoppages, or other labor difficulties, shortages of labor or materials, riots, vandalism, civil disturbances, acts of terrorism, wars, third-party provider outages, cable cuts, power crisis shortages, infrastructure outages or failures, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, loss of or fluctuations in heat, light, or air conditioning, inclement weather, fires, floods, storms, explosions, and other uncontrollable acts of God or nature, or other similar occurrences; any law, order, regulation, direction, action or request of the United States or foreign government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority, or national emergencies.


TERMINATION AND CLOSURE OF USER ACCOUNT


You are free to terminate your Account at any time by shutting down your Account yourself or contacting us at support@cista.community. However, if you have an Agreement with us, terminating your Account does not end your payment obligations under that Agreement.

Please refer to our Privacy Policy to understand how we treat information you provide to us after you have stopped using CISTA. You must download all of your Account Data prior to the date upon which your termination is effective. Once your Account is terminated, for security reasons, your Account access will be terminated and you will not have access to download your Account Data.

We are also free to terminate (or suspend access to) your use of CISTA or your Account, for any reason at our discretion, including, but not limited to
  • your breach of these Terms and/or your Agreement and/or any Applicable Laws;
  • if, in our judgement, your use of CISTA has the potential to pose any harm to us, any of our affiliates, partners, service providers or customers;
  • if a hacked script or otherwise compromised website is discovered on our systems at the Service in use by you;
  • if an unusual spike in resource usage is detected by our systems resulting in an Account far outstripping the allotted resources; or
  • if, in our judgement, we have received too many complaints about your Account.

We have the sole right to decide whether you are in violation of any of the restrictions set out under these Terms and/or your Agreement.

Provisions that, by their nature, should survive termination of these Terms and/or your Agreement shall survive.

DISCLAIMER


We work hard to provide a high quality of service and will work with you to provide an excellent user experience.

However, other than as expressly set out in these Terms, we do not make any specific promises about CISTA. We don't make any commitments about the content within CISTA, the specific function of CISTA, or their reliability, legality, availability, or ability to meet your needs.

We provide CISTA “AS IS” and you use CISTA at your own risk. Any action you take in reliance upon CISTA Content and/or User Content is taken at your own risk. To the extent permitted by law, we disclaim all warranties, express or implied, including, without limitation the warranties of merchantability, fitness for a particular purposes, and non-infringement.

LIMITATION OF LIABILITY


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE CISTA AND/OR YOUR ACCOUNT FOR:

  • PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OR CORRUPTION DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES;
  • ANY ACTION YOU TAKE BASED ON THE INFORMATION RECEIVED IN, THROUGH, OR FROM CISTA AND/OR CISTA CONTENT AND/OR USER CONTENT;
  • YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
  • 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 CISTA AND/OR CISTA CONTENT AND/OR USER CONTENT;
  • THE IMPROPER AUTHORIZATION FOR CISTA BY SOMEONE CLAIMING SUCH AUTHORITY;
  • STATEMENTS OR CONDUCT OF ANY USER AND/OR THIRD PARTY ON CISTA; OR,
  • DIRECT DAMAGES IN AMOUNTS THAT IN AGGREGATE EXCEED THE GREATER OF (a) THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES AND (b) ONE HUNDRED RINGGIT (MALAYSIA). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER CAUSE OF ACTION AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO CISTA AND/OR YOUR ACCOUNT. THE OPERATION OF SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE CISTA AND/OR YOUR ACCOUNT INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM CISTA AND/OR CISTA CONTENT AND/OR USER CONTENT OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, OR DELAYS IN OPERATION OR TRANSMISSION. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMITTED TO CISTA.

INDEMNIFICATION


You agree to indemnify, defend and hold us and our officers, directors, employees, agents, affiliates, service providers, successors and assigns harmless from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees and costs, arising from or relating to (i) your breach of these Terms and/or your Agreement; (ii) any User Content you submit, post to or transmit through CISTA; or (iii) your violation of any party's rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity and confidentiality.


GOVERNING LAW


These Terms shall be interpreted in accordance with the laws of Malaysia. Jurisdiction and venue shall be solely within Malaysia.


GLOSSARY


For the meanings of capitalised words which are not otherwise defined above:

Account

means an account created for a User who is identifiable via a User ID, with varying levels of access to use CISTA functions.

Agreement

means an agreement entered into between INVOKE and a User (usually a Campaigner) to govern that User's use of CISTA.

Applicable Laws

means all provisions of laws, statutes, ordinances, rules, regulations, permits, certificates, judgments, decisions, decrees or orders of any governmental authority in Malaysia and those in the jurisdiction that you are accessing CISTA from as they may be issued and enforced from time to time.

Campaign

means a campaign linked to a Campaigner on CISTA through which the following functions may be administered by the Campaigner: i) the management of Users linked to a Campaign and/or Campaigner; ii) event management and ticketing; iii) Campaign Fundraising; iv) the display of analytics related to the Campaign.

Campaign eStore

means an online ordering system located on CISTA which is linked to a Campaigner for the purpose of Campaign Fundraising.

Campaign Supporter

means a User who is linked to and managed by a Campaign and/or Campaigner and whose Account is enabled for support functions including but not limited to, event registration and the transfer of Funds to a Campaign.

Campaigner

means a legal person and its authorized users who have access to use CISTA pursuant to an Agreement with us and whose Account is enabled for the administration of a Campaign.

Candidate

means a User who is linked to and managed by a Campaign and/or Campaigner and whose Account is enabled for Campaign candidacy functions.

CISTA Content

means web pages, web forms, programming (including software code used on the Sites and in the Services, including (i) tools, kits, and object libraries, (ii) all third-party or open source code embedded therein, and (iii) any upgrades, updates, releases, fixes, enhancements or modifications to the foregoing), graphics, images, design (color combinations and page layout), text, information, data, data submitted via CISTA by Users and other content we make available through CISTA.

Confidential Information

means information and physical material not generally known or available outside of CISTA and information and physical material entrusted to the Company in confidence by third parties.

Volunteer

means a User who is linked to and managed by a Campaign and/or Campaigner and whose Account is enabled for Campaign volunteering functions.

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