HomeLegalVolunteer Policy

Volunteer Policy

Effective November, 2019

Volunteer Policy

1. Introduction

You and you alone carry the sole responsibility for ensuring that your Pages and Projects on Incitement comply with all applicable laws, statutes, and regulations before you join as a Volunteer.

Your access and use of www.theincitement.com (‘Site’) are subject to the following terms and conditions and is an agreement between you (the individual) and Incitement Sdn. Bhd. ‘Incitement’, ‘us’, ‘we’, ‘our’ refer to Incitement Sdn. Bhd.

When you submit an online application for Volunteer Role on Incitement, you are agreeing to the Terms and Conditions listed on this page. By applying to volunteer with any project listed on Incitement you also agree to our Terms of Use and Pages & Projects Policy.

You are responsible for ensuring that the Page or Project you volunteer with complies with all applicable laws, statutes, and regulations. You are strongly encouraged to a background- and reference check on any organisation before you join as a volunteer. You indemnify Incitement from any damages or losses caused by using our services as a Volunteer.

2. General Policies for Volunteers

Profiles should not impersonate, misrepresent, mislead, lie, break laws, abuse people or data, support, encourage support towards malicious causes or do anything else illegal. Incitement can and will take down your Profile and any of its content, and if necessary close your account if you misbehave. We also may notify law enforcement when we believe there is a genuine risk of physical harm or a direct threat to public safety.

1. Misleading or False Profiles

Your Profile and any of its content must not be misleading, fraudulent, or deceptive. Scams and false Profiles will be removed.

2. Impersonation

Your Profile and its content must not impersonate or falsely represent another person.

3. Malicious intent

Your Profile and its content must not promote anything illegal, in violation of any laws or regulations, anything with ill or malicious intent, or anything that might causes damages or losses to people, planet, and organisations.

3. Travel

Incitement does not arrange travel documents such as visa, flights or any other traveling arrangement, nor do we take responsibility in case your incur damage or loss in the event of travel. If you decide to travel to become a Volunteer for a project on Incitement, you do so at your own risk.

Incitement does not arrange flights or make any travel arrangements to your project location. It is the your own responsibility to arrange your own air fares and travel if required.

Incitement does not provide advise or pre-departure information to you, it is your responsibility to obtain all necessary travel documents, such as visa, work permits etc.

You are responsible for ensuring your travel documents are complete and up to date for your travel. Incitement does not accept the responsibility if entry is denied to a country due to incorrect visa or travel documents.

4. Insurance

You are responsible for ensuring adequate insurance as a Volunteer, not Incitement.

Insurance is compulsory for everyone who becomes a volunteer for projects on Incitement. All participants need to buy full comprehensive medical insurance for their time of stay at or during any project. It is your sole responsibility to purchase your own medical, travel, and life insurance.

Incitement does not assist in providing insurance, does not take any responsibility towards claims or disputes with insurance providers or with you as a volunteer, nor do we endorse any 3rd party insurance providers.

5. Fees

Incitement does not charge people using the Site for volunteering. Any payments you make to organisations listed on our Site are at your own risk.

Incitement does not impose any fees for participating as a volunteer in any projects listed on our Site. If you make a payment to any organisation listed on Incitement you do so at your own risk. Incitement does not endorse or support any of the organisations listed on the Site or any of the projects they have administered for your participation. Before you make any payments to any organisation, please proceed caution and conduct due diligence.

6. Use of Content

We don’t own the stuff you post on Incitement. But when you post it, you’re giving us permission to use or copy it however we need in order to run the site, or show people what’s happening on it.

By agreeing to the terms and conditions you agree that Incitement can use your content that is posted on our Site, such as photos, videos, and posts.

You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content, and we are not responsible for any claims arising towards that content.

7. Personal Risks

Volunteering can be risky and may result in damage or loss, or even death. You are solely responsible for your own welfare, and you accept and acknowledge any and all risks of personal injury or illness, emotional trauma, property damage and death that may occur as a result of you joining one of our programs. Incitement holds no liability whatsoever.

The volunteer acknowledges and accepts the responsibilities and risks associated with their agreement to travel to, potentially temporarily live in and provide volunteer services with an organisation or project listed on Incitement.

Such travel and volunteer work can be often hazardous and involves a certain degree of risk, inherently dangerous activities and personal perils to the volunteer, both foreseen and unforeseen, all of which are fully accepted by and solely assumed by the volunteer.

Therefore, Incitement including any and all of its employees, managers, directors, shareholders, partner organizations, and affiliates are not liable, to the maximum extent of the law, for any loss or harm the volunteer or associates may suffer, including but not limited to loss caused by:

• Personal injury
• Accommodation
• Transportation
• Safety
• Hygiene
• Civil Unrest
• Dangers associated with wild or other animals
• Religious Activities
• High Altitude
• Food
• Water
• Emotional injury
• Death
• Illness or disease
• War or Act of Terrorism
• Damage to or loss of property
• Accident or illness in remote regions without means of rapid evacuation or availability of medical supplies and facilities
• Adequacy of medical attention once provided

You accept and acknowledge and confirm that personal injury or illness, emotional trauma, property damage and death can occur by natural causes or activities of persons or animals, either as a result of negligence or because of other reasons.

By applying for projects on our Site you confirm that you have read and agree to our Terms of Use and you are waiving of any Liability, amongst other things:

• Your forever release us, our owners, our directors, our shareholders, our employees and any persons or groups associated to us of all liability;

• You forever signify that you are waiving any claims against us, our owners, our directors, our shareholders, our employees and any persons or groups associated to us, and expressly assuming all risks associated with participating in any of the organisations and projects on our Site.

8. Vaccinations and Health

You are solely responsible for your own welfare, and you accept and acknowledge any and all risks of personal injury or illness, emotional trauma, property damage and death that may occur as a result of you joining one of our programs.

We may offer you a list of suggested immunizations and travel health tips based on such publicly available sources as the United States Center for Disease Control.

However you understand that we are not medical professionals and have no medical expertise whatsoever. We strongly recommend all our participants that you visit a medical professional before your trip; however, it is your sole responsibility to arrange and determine any required immunizations and medical procedures that you may need before, during and after your time in the field with us. It is your sole responsibility to arrange and administer any vaccinations/immunizations required to be taken for travel to the country of your project.

Furthermore, you accept and acknowledge that we have no responsibility regarding the adequacy of any medical care, medical equipment, medical supplies and or any evacuation plan that may be provided to you before, during or after your program. You are solely responsible for your own welfare, and you accept and acknowledge any and all risks of personal injury or illness, emotional trauma, property damage and death that may occur as a result of you joining any organisations or projects listed on our Site.

9. Incitement is an intermediate

We are a service and platform provider only. By volunteering with any of the organisations or projects listed on our Site you are engaging in a contract between yourself and the organisation, not Incitement. We do not mediate conflicts arising from using our Site. We are not liable for any damages or losses incurred as a result of our Site.

Incitement is an intermediary that connects volunteers to causes.  You accept, understand and acknowledge that we organize, promote and offer organisations and projects that offer volunteering opportunities which may or may not include accommodation, transportation and other services. All of these services are provided by 3rd party organisations (hereonafter ‘Partners’), which are independent and separate entities from Incitement, and over which we have no authority or oversight.

Some examples of these Partners include but are not limited to hotels, restaurants, taxi drivers, tour guides and travel agencies, as well as the entities where you may volunteer in, for example local biological reserves, clinics and hospitals, nonprofits, local travel companies, local coordinatos, staff of other local hosting companies and schools.

By applying for projects via our Site you confirm that you have read and agree to our Terms of Use and you are waiving us of any Liability that, amongst other things forever releases us, our owners, our directors, our shareholders, our employees and any persons or groups associated to us of all liability related to:

• Any of our Partners´ negligent or willful acts, or failures to act including, without limitation, their partial or complete failure to deliver services to you; any personal injury or illness, emotional trauma, property damage or death which arises out of any service provided to you by our Partners;

• Any error, misrepresentation or mistake, whether intentional or unintentional, made by any of our Partners, local staff members, travel companies etc.

10. Code of Conduct

You agree that you would abide by the rules and regulations set out by organisations and projects listed on our Site. Your engagement may be terminated at the sole discretion of our Partners under the following conditions:

• If we find that you are engaged in any illegal activities or convicted of any criminal activities before or during the Project Period

• If it is believed that any of your action or behavior is threatening or unacceptable to the society or anyone involved with the project

• Any information provided by you via Incitement during the time of enrollment is incorrect.

• You voluntarily decide to opt out of the project in between.

• If you are found taking drugs or other illegal substances while in the project.

• If you are found to be engaged in inappropriate sexual behavior while in the project

• If you do not abide by the Code Of Conduct or any of the terms & conditions set out on this page.

Incitement has the right to cancel any placement of an enrolled volunteer before start date.

11. Disclaimer

• You expressly agree that use of  Incitement is at your sole risk. Neither Incitement its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that Incitement will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Incitement, or as to the accuracy, reliability or content of any information, service, or merchandise provided through Incitement

• Incitement is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

• In no event will Incitement or any person or entity involved in creating, producing or distributing Incitement software/content, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Incitement. You hereby acknowledges that the provisions of this section shall apply to all content on Incitement.

• Incitement does not take any direct responsibly for the use of third party online payment facilities, and our Partners will not be responsible for any malfunction in their software for online payment. All disputes arising out of credit card or payment fraud will directly be dealt with via the payment provider, not Incitement.

• In addition to the terms set forth above, neither Incitement, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the information contained within Incitement, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither Incitement nor its affiliates, information providers or content providers warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

• Incitement does not take any responsibility of photos and documentation provided by our Partners and affiliations abroad, who might supply such material to other businesses of similar nature as well. Anyone who has any objection to any part of the site will write to us formally via support@theincitement.com, so we can take appropriate action.

• Incitement does not take any responsibility of any 3rd party links from our Site and will not be held responsible for content or service provided on those sites.

• Incitement Sdn. Bhd. does not have any affiliation or connection with the United Nations. Incitement supports the UN Sustainable Development Goals, but has no direct affiliation with the UN nor is endorsed by the UN.

12. Legally Binding

These Terms set out by Incitement shall be legally binding upon you, your family, heirs, administrators, executors and legal representatives. In accepting this document and by applying for projects on our Site, you are not relying upon any oral or written representations or statements made by us other than what is set forth in these Terms.

13. Governing Law

We’re located in Kuala Lumpur, Malaysia, and any disputes with us have to be handled in Malaysia under Malaysian law.

We at Incitement encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of Malaysia, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that Incitement and its Services are deemed a passive website that does not give rise to jurisdiction over Incitement or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than Malaysia. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Incitement, shall be filed only in the state or federal courts located in Malaysia, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.