Terms And Conditions of Sadaqah
These Terms and Conditions set out the terms and conditions to perform Sadaqah transaction via THiJARI portal and THiJARI application.
- DEFINITIONS
- Sadaqah: An Islamic term which means "voluntary charity". This concept encompasses any act of giving out of compassion, love, friendship, religious duty or generousity.
- Tabung Kebajikan Jemaah Haji Malaysia (“TKJHM”): TKJHM is a fund categorised as Fund to be administered and controlled by TH subject to the provision of Section 15(2) of Tabung Haji Act 1995 where the objective of the establishment is to fund the welfare of hajj pilgrims in accordance with predetermined guidelines set up by the TKJHM Committee. The guidelines set out the utilisation of TKJHM which among others, for the protection, monitoring and welfare of pilgrims as well as general community service.
- Tabung Was'ul Khair Tetamu Allah (“TWT”): TWT was set up in 1999 by TH is a fund categorised as Fund to be administered and controlled by TH subject to the provision of Section 15(2) of Tabung Haji Act 1995 where the objective of the establishment is to partially fund the cost of performing hajj for pilgrims who have been selected to perform hajj in a particular hajj season and meet certain predetermined conditions that qualify them to receive the subsistence.
- Sadaqah: An Islamic term which means "voluntary charity". This concept encompasses any act of giving out of compassion, love, friendship, religious duty or generousity.
- APPLICABILITY AND ACCEPTANCE OF TERMS AND CONDITIONS
- These Terms and Conditions apply to every Sadaqah transaction performed by the TH depositors via THiJARI portal and THiJARI application.
- By performing Sadaqah transaction, TH depositors agree to be bound by these Terms and Conditions.
- By performing the Sadaqah transaction, TH depositors have irrevocably agreed to be bound by the TH Privacy Notice which is available at www.tabunghaji.gov.my as it may relate to the processing of TH depositors’ personal information. TH depositors must read TH Privacy Notice before continuing to access the THiJARI portal and THiJARI application. For the avoidance of doubt, TH depositors agree that such TH Privacy Notice will be deemed to be incorporated by reference into these Terms and Conditions.
- These Terms and Conditions apply to every Sadaqah transaction performed by the TH depositors via THiJARI portal and THiJARI application.
- SADAQAH TRANSACTION
- By making Sadaqah transaction, TH depositors agrees to transfer the desired amount from their TH account either to TKJHM or TWT at their own discretion.
- TH depositors agree that each successful Sadaqah transaction is irrevocable/irreversible.
- For each successful Sadaqah transaction, TH will provide the receipt which can be downloaded by TH depositors.
- The donation in the form of Sadaqah transaction is not entitled to tax deduction.
- By making Sadaqah transaction, TH depositors agrees to transfer the desired amount from their TH account either to TKJHM or TWT at their own discretion.
- CHANGES
- TH has authorities to make any changes, modification, termination, or addition to the Terms and Conditions at any time without any notice.
- TH reserves the right to refuse to carry out and/or cancel the transaction by TH for any reason whatsoever. This includes but is not limited to, where:
- the transaction is in violation of any of these Terms and Conditions;
- the transaction is inconsistent with any of TH’s policies and other rules and regulations as may be in effect from time to time.
- due to the need to prevent any unauthorized transaction, fraud, abuse, misuse, criminal act, offence or violation of any law or regulation which TH knows or has reason to believe has been or will be committed.
- the transaction is in violation of any of these Terms and Conditions;
- TH has authorities to make any changes, modification, termination, or addition to the Terms and Conditions at any time without any notice.
- GOVERNING LAW & JURISDICTION
- The performance of Sadaqah transaction shall, at all times, be governed by and construed in accordance with the laws of Malaysia. TH depositors agree to submit and be bound by the exclusive jurisdiction of the Courts of Malaysia.
- The performance of TH’s obligations under these Terms and Conditions is subject always to all applicable laws and regulations.
- The performance of Sadaqah transaction shall, at all times, be governed by and construed in accordance with the laws of Malaysia. TH depositors agree to submit and be bound by the exclusive jurisdiction of the Courts of Malaysia.
- GENERAL
- The headings in these Terms and Conditions are for convenience only and shall not be taken into consideration in the interpretation or construction of these Terms and Conditions.
- If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under present or future laws, such provision will be fully severable and these Terms and Conditions will be construed and enforced as if such illegal, invalid or unenforceable provision was never a part of these Terms and Conditions and the remaining provisions will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision.
- The headings in these Terms and Conditions are for convenience only and shall not be taken into consideration in the interpretation or construction of these Terms and Conditions.
- EXCLUSIONS
- TH depositors hereby agree that save where expressly provided otherwise in these Terms and Conditions and to the extent permitted under laws and regulations, in no event shall TH be liable for any loss of profits, loss of business, loss of use, loss of goodwill, loss of savings or other consequential, special, incidental, indirect, exemplary or punitive damages suffered by TH depositors by reason of any delay in performance or non- performance or breach of any obligations of TH whether arising from any negligence, breach of these Terms and Conditions or howsoever and/or arising from the acts or omissions of TH.
- TH depositors hereby agree that save where expressly provided otherwise in these Terms and Conditions and to the extent permitted under laws and regulations, in no event shall TH be liable for any loss of profits, loss of business, loss of use, loss of goodwill, loss of savings or other consequential, special, incidental, indirect, exemplary or punitive damages suffered by TH depositors by reason of any delay in performance or non- performance or breach of any obligations of TH whether arising from any negligence, breach of these Terms and Conditions or howsoever and/or arising from the acts or omissions of TH.
- LIABILITY AND INDEMNITY
- TH depositors hereby irrevocably agree to indemnify and keep indemnified TH from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by TH in connection with or arising from TH depositor’s breach of these terms and conditions howsoever occasioned.