Terms & Conditions

1)The Contractual Relationship

1.1 ) These Terms of Use (“Terms”) govern the access and/or use by you, an individual, from within any country in the world of applications, all related websites and/or the mobile application(s), content products and/or services (the “Services“), made available on our Website [www.nextgenlink.org] (the “Website”), whether as a guest or registered user or a service provider. The access and usage of the Services and the Website have been made available by and through Pertubuhan Jaringan Generasi Muda (NEXT GEN LINK) (Registration No. PPM-019-10-07042021), a society duly registered under the Societies Act 1966 with an address at No. 5-1A, Jalan Industri PBP 1/2 Taman Industri Pusat Bandar Puchong, Bandar Puteri, 47100 Puchong, Selangor.

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 NEXT GEN LINK.

1.2) If you do not agree to these Terms, you should not access or use the Services and/or the Website. The Terms herein do hereby expressly supersede any prior agreements or arrangements with you. NEXT GEN LINK 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 or a registered user or a service provider 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 due notice provided.

1.3) NEXT GEN LINK 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.

1.4)NEXT GEN LINK reserves all rights to amend the Terms related to the Services and/or the Website from time to time, without any prior notice. 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 bound by the updated Terms as amended.

1.5) 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 which can be accessed at [www.nextgenlink.org/privacy-policy/] (“Privacy Policy ”).

2) The Services contained in the Website

2.1) The Services contained on the Website and/or its Services include, a growing variety of resources provided by NEXT GEN LINK and/or any of its related third-party partner(s), affiliate(s) and/or provider(s), including but not limited to:

(a) sale of merchandise, goods and products relating to the NEXT GEN LINK and its objectives (collectively “Merchandise”);
(b) donation and/or corporate funding toward the NEXT GEN LINK’s stated objectives on the Website;
(c) viewing of media contents such as articles, videos, podcasts and pictures;
(d) informational content and material including but not limited to (a) directories of mental health services in the public and private sectors; (b) pricing of counselling sessions in the public sector; and (c) steps to book appointments in the public sector;
(e) news and updates;
(f) other various communications tools;
(g) forums;
(h) personalised content;
(i) administrative and other electronic messages;
(j) related third party links and/or materials; and
(k) other related material, documents, information and/or content which NEXT GEN LINK, may in its sole discretion upload on the Website and its related applications and/or services, from time to time.

3) Website

3.1) The Website is the main platform (other than any other applications which may be subsequently used or created to facilitate access to the Services at such other time) used to facilitate access to the Services.

3.2 )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.

3.3) 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.

4) License
4.1) Subject to your compliance with the Terms, NEXT GEN LINK grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
(a) access and use of the Services and the Website on your personal device solely in connection with your use of the Services and/or the Website; and
(b)
access and use of any content, information and related materials that may be made available through the Services and/or the Website, in each case solely for your personal, non-commercial use, subject at all material times to permissions granted by NEXT GEN LINK/or its licensors. Any rights not expressly granted herein are expressly reserved by NEXT GEN LINK and/or of its affiliated or related licensors.

5) Restrictions or Prohibited Conduct

5.1) You agree that you will comply with the Terms herein and you will not:
(a) use the Services and/or the Website for any purpose(s) which may:
(b) breach any law, statute, rule, regulation or by-law of Malaysia or any other applicable jurisdiction;
(c) be fraudulent, criminal or unlawful in any way;
(d) be inaccurate or out-of-date;
(e) intentionally, knowingly or unknowingly impersonate any other person, entity or body; falsely claim an affiliation with, or misrepresent a relationship with, any person, entity or body; misrepresent the source, identity, or content of information transmitted via the Website; or perform any other similar fraudulent activity;
(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, personal information or any user’s enjoyment of the Services and/or the Website.
(h) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Website or any part thereof; remove any copyright, trademark and/or any other IP Rights, or other proprietary notices from any portion of the Services and/or the Website;
(i) reproduce, modify, adapt, translate, 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 NEXT GEN LINK;
(j) delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Website, (b) features that prevent or restrict use or copying of any content accessible through the Website, (c) features that enforce limitations on the use of the Website, or (d) the copyright or other proprietary rights notices on the Website;
(k) link to, mirror or frame any portion of the Services and/or the Website, without express permission by NEXT GEN LINK;
(l) attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that NEXT GEN LINK has endorsed you or any products or services for any purpose;
(m) use or attempt to use another user’s account without authorisation from that user and NEXT GEN LINK;
(n) relay email from a third party’s mail servers without the permission of that third party; manipulate identifiers in order to disguise the origin of user content transmitted through the Website;
(o) 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;
(p) attempt to circumvent any content filtering techniques NEXT GEN LINK employs, or attempt to gain unauthorised access to or impair any aspect of the Services and/or the Website and/or its related systems or networks that you are not authorised to access; and/or
(q) interfere with or disrupt the Services and/or the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website; use the Website in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Website, or that could damage, disable, overburden, or impair the functioning of the Website in any manner.

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

6) Access to the Services and the Website

Access
6.1) NEXT GEN LINK shall not be responsible and/or liable if the Services and/or the Website is unavailable for any time or for any period.

6.2) On occasion, NEXT GEN LINK may need to carry out routine repairs, maintenance or introduce new facilities and functions to the Services and/or the Website.

6.3 At any material time, NEXT GEN LINK reserves all rights to make changes and/or updates as it deems fit.

7) Third Party Services and Content

7.1) The Services and/or the Website may be made available or accessed in connection with third party services and content (including advertising) that NEXT GEN LINK does not control. 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, NEXT GEN LINK does not endorse nor control such third party services and content and in no event shall NEXT GEN LINK be responsible or liable for any products or services of such third parties.

8) Ownership

8.1) The Services and/or the Website and all rights therein are and shall remain the property of NEXT GEN LINK and/or its licensors. Neither the Terms nor your use of the Services and/or the Website convey or grant you any rights:
(a) in or related to the Services and/or the Website except for the limited license granted above; or
(b) to use or reference in any manner NEXT GEN LINK’s society names, logos, products and service names, trademarks or service marks of those, or those of NEXT GEN LINK’s

9) Accuracy of Information
9.1) NEXT GEN LINK is not responsible if information made available on the Website is not accurate, complete or current. The information on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more up-to-date sources of information. Any reliance on the material on the Website is at your own risk. The Website may contain certain historical information which may not necessarily be current and is provided for your reference only.

10) Registration of User

Accounts
10.1) Registration of a user account on the Website (“Account”) would require you to submit:
(a) certain personal information such as your full name, address, email address, date of birth, mobile number, location, NRIC number, passport number as well as any other information which may be necessary; and
(b) bank account details for at least one valid debit or credit card for processing of payment.

10.2) Upon approval of your registration of an Account with the Website, you are required to create a username and a password. The password must remain confidential. The only occasion on which you shall be asked for your password is part of the login process into the Website. Should there be any unauthorised access or usage of your password or the Account or your email address, or any other such breach of security known to you, you shall immediately notify NEXT GEN LINK of such incident by emailing us at [email protected].

10.3) When you create an Account, you represent and warrant that:
(a) if you are an individual, you are at least 18 years of age;
(b) if you are representing a company, organisation or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms;
(c) you are capable of entering into and performing legally binding contracts under any applicable law; and
(d) all information which you provide is accurate, up-to-date, truthful, and complete.

10.4) If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.

10.5) You also agree to maintain accurate, complete and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services and/or the Website or NEXT GEN LINK’s termination of the Terms with you.

10.6) You are responsible for all activities and transactions under your Account, and you agree to maintain the security and secrecy of your Account, username, and password at all times.

10.7) By submitting your personal information to register an Account, you acknowledge your agreement and acceptance of the Privacy Policy and thereby expressly consent to authorising us to process your personal data for such purposes as set out in the Privacy Policy.

10.8) All information relating to the Services will be available, accessible, and retrievable upon logging in to your Account. You will also have the opportunity to manage and save contact details and address information.

11) Guest Access
11.1) Your access to the Services and/or the Website as a guest shall be limited. However, notwithstanding your limited access to the Services and/or Website, NEXT GEN LINK shall hold you responsible and/or liable to adhere to all the applicable terms and conditions herein contained in your browsing and perusing of the Services and glimpse into the functionality of the Website, and any breach thereof shall hold you responsible and/or liable in the same manner and category as if you were a registered user maintaining an account.

12) Payment: Merchandise
12.1) You may purchase Merchandise as a guest and/or registered user.

12.2) When you purchase Merchandise, you will be required to submit:
(a) certain personal information such as your full name, shipping address, email address, date of birth, gender, mobile number, location, as well as any other information which may be necessary; and
(b) bank account details for at least one valid debit or credit card for processing of payment.

12.3) All prices for the Merchandise provided on the Website are in Malaysian Ringgit;

12.4) If there are custom duties and/or any taxes to be paid for the order, you agree to bear all cost(s) and will pay the cost(s) directly to the Customs;

12.5) NEXT GEN LINK accepts payments in Malaysian Ringgit only by credit card or debit card. NEXT GEN LINK may accept other forms of payment from time to time, which will be clearly indicated on our Website.

12.6) Where applicable, prices are inclusive of any applicable taxes where required by Malaysian law and are in Malaysian Ringgit.

12.7) Delivery or shipping costs for the Merchandise will be charged in addition where applicable and will be calculated based on the weight of the Merchandise and postcode of the place of delivery provided by you;

12.8) Once the order for the Merchandise is placed, NEXT GEN LINK’s chosen payment gateway will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. The Merchandise order and/or donation will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once NEXT GEN LINK has sent you the order confirmation. Cards are subject to validation checks and authorisation by card issuer. If the required authorisation is not received, NEXT GEN LINK will not be liable for any delay or non-delivery; and

12.9) Upon authorisation of the payment, by clicking the button to place your order, you are confirming that the card belongs to you and have sufficient funds or credit facilities to cover the cost of the Merchandise.

13) Payment: Donation
13.1) You may make a donation as a guest and/or registered user.

13.2) When you make a donation, you will be required to submit:
(a) certain personal information such as your full name, address, email address, date of birth, mobile number, location, NRIC and/or passport number as well as any other information which may be necessary; and
(b) bank account details for at least one valid debit or credit card for processing of payment.

13.3) Upon authorisation of the payment, by clicking the button to submit your request to make a donation, you are confirming that the card belongs to you and have sufficient funds or credit facilities to cover the cost of the donation.
13.4) You acknowledge and agree that you are under no obligation to become a donor or to pledge a donation and that you will be solely responsible for any decision to become a donor. You understand that your contribution is being made to NEXT GEN LINK and that NEXT GEN LINK has exclusive legal control and rights over all donations.

14)Payment Service Providers
14.1) All payment processing services on the Website for the charges (“Payment Services”) will be undertaken and facilitated by third party payment gateway providers and subject to or governed by the terms of service of the third party payment gateway providers.

14.2) In order to use the Payment Services, you must provide NEXT GEN LINK with accurate and complete information required for the Payment Services, including bank account information for at least one valid debit or credit card through the Website. You acknowledge and agree that NEXT GEN LINK may use third-party payment gateway providers, to process payments and to manage the account information you have provided to us. You may add, delete, or edit the payment method / account information you have provided from time to time directly through the Website.

14.3) By using a particular payment method, you are agreeing to the terms of service of the third party payment gateway providers and your financial institution. You will bear all fees that may be charged by the third-party payment gateway providers (if any) and/or your financial institution (if any) for the selected payment method.

14.4) By providing the account information for a credit or debit card, you represent and warrant, that: (i) you are legally authorised to provide such information to us; (ii) you are legally authorised to perform payments from the account(s) you have provided to us; and (iii) such action does not violate the terms and conditions applicable to your use of such account(s) or applicable law. When you authorise a payment using any such account(s) via the Website, you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s).

14.5) You agree to authorise NEXT GEN LINK and/or its related corporations to provide or give instructions on your behalf to the third-party payment gateway providers for processing the Payment Services on your behalf including, but not limited to making, accepting and/or refunding any payments, in accordance with the Terms.

14.6) All credit or debit cardholders are subject to validation checks and authorisation by the card issuer. NEXT GEN LINK accepts no responsibility if your card issuer refuses payment authorisation and NEXT GEN LINK shall not be liable for any resulting delay or non-delivery.

15) Modifications to the Merchandise and Prices
15.1) Prices and/or descriptions for our Merchandise are subject to change without notice. NEXT GEN LINK reserves the right at any time to modify or discontinue the Merchandise without notice at any time. NEXT GEN LINK shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Merchandise.

15.2) Whilst NEXT GEN LINK will make best efforts to ensure that all details, descriptions, and prices, which appear on the Website, are accurate, there may be instances where errors may occur. NEXT GEN LINK does not warrant that the quality of any Merchandise, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

15.3 NEXT GEN LINK has made every effort to display as accurately as possible the colours and images of the Merchandise that appear on the Website. NEXT GEN LINK cannot guarantee that your computer monitor’s display of any colour will be accurate, and some products may vary slightly from what is represented.

16) Refunds, Returns and Exchange Policy: Merchandise
Save where required under applicable laws and regulations, please note that all sales relating to the Merchandise are final and the Merchandise sold are not refundable, returnable or exchangeable. If there are any issues with the Merchandise, please reach out to us at [email protected].

17) Refund Policy: Donations
17.1) Due to the nature of charitable donations, GNEXT GEN LINK does not refund any donation once they have been made. However, if the donation was unauthorised, a report should then be made to NEXT GEN LINK at [email protected] so that we can investigate the same.

18) Warranties and Guarantees.
18.1) NEXT GEN LINK makes the following warranties and guarantees:
(a) to make best efforts and endeavours to ensure that the Services and/or the Website are error-free, containing accurate, complete and up-to-date information and/or data to facilitate your ease of use of the same;
(b) to make best efforts and endeavours to make the Services and/or the Website available 24 hours a day, 7 days a week;
(c) upon conducting any routine repairs, maintenance of upgrades, that it shall make best efforts and endeavours to resume regular or normal activity of the Services and/or the Website at the soonest time possible.

18.2 NEXT GEN LINK does not warrant and/or guarantee and/or waive disclaimers as follows:
(a) the Terms herein contained are intended to be construed as a warranty and/or a guarantee of uninterrupted, timely or error-free access to the Services and/or the Website;
(b) that the Website will be compatible with all hardware and software which you may use;
(c) to take any ownership of responsibility and/or liability for 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, which may directly or indirectly affect any computer equipment, software, data or other property as a result of your access and/or use of the Services and/or Website;
(d) to take any ownership of responsibility and/or liability for the actions of third parties;
(e) to take any ownership of responsibility and/or liability arising from any reliance placed on materials made available about and/or on the Services and/or the Website by any guest, registered user, professional or client, or by any other person who may be informed of the contents of said materials; and
(f) representations, warranties or guarantees are made regarding the reliability, timeliness, quality, suitability or availability of the Services, or that the Services will be uninterrupted or error-free.

19) Limitation of Liability
19.1) NEXT GEN LINK shall not be liable for any direct or indirect, incidental, general, special or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if the possibility of such damages have already been advised. NEXT GEN LINK shall not be liable for any damages, liability or losses arising out of:
(a) your use or reliance on the Services or your inability to access or use the Services; or
(b) delay or failure in performance resulting from causes beyond the control of NEXT GEN LINK.

19.2) Our total liability, if any, to any party concerned, including but not limited to you, any Client, Service Provider and/or any other third party, shall in no circumstances exceed, in aggregate, a sum equal to the greater of the value of the Merchandise purchased by you. For the avoidance of doubt, NEXT GEN LINK shall not be liable for any donation made by you via the Website.

20) Indemnity
20.1) You agree to indemnify and hold NEXT GEN LINK and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities and expenses (including legal costs and fees) arising out or in connection with:
(a) your use of the Services;
(b) your breach or violation of any of the Terms herein contained; or
(c) your violation of the rights of any third party.

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

21.2) NEXT GEN LINK 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.

21.3) No content or material contained on the Website is to be used for any commercial purpose and/or public circulation without the express permission NEXT GEN LINK and/or its licensors.

21.4) Should there be infringement of any of the rights owned by NEXT GEN LINK 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 Clients.

21.5) Any disputes with regard to infringement of any solely / exclusively owned IP Rights of NEXT GEN LINK shall be settled by way of the dispute resolution mechanism as set out in the Terms herein below.

21.6) In the event of any dispute related to the infringement of any IP Rights owned by NEXT GEN LINK , any suspected, purported or alleged infringer, whether it be client, Service Provider or otherwise, shall have his / her Account suspended or frozen henceforth, without any further notice to the infringer, until such a time that the dispute can be resolved by way of amicable resolution and/or through the dispute resolution process as set out in the Terms herein below.

Trademarked Brand Names

21.7)  The “NEXT GEN LINK” name and logos and all related names, design marks and slogans are the trademarks of NEXT GEN LINK or its licensors.

22) Governing Law and Jurisdiction
22.1) The Terms and your use of the Website and/or the Services (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.

22.2) Any disputes which may arise out of or which may be related to or in connection with 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.

23) Notice
NEXT GEN LINK 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 in the Account or by written communication sent to your address as contained in the registered Account.

24) Severability
24.1) 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.

25) These Terms were last updated on 26 JAN 2022.