Terms and Conditions
Last Modified: June 16, 2023
1. INTRODUCTION
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS WEBSITE.
1.1
The domain name www.shareon.in (“Website”) owned by National Skills Foundation of India (“Organisation”) or collectively referred to as (“Us” or “We”) with its registered office at .
1.2
These Terms of Use set forth the legally binding terms and conditions for Users (defined hereinafter) of the Website. By accessing the Website in any manner, including, but not limited to, visiting or browsing the Website or contributing content, information, or other materials or services to the Website, you agree to be bound by these Terms of Use (“the Terms”).
We reserve the right, at our sole discretion, to change, modify, add or remove all or any of these Terms of Use at any time without any prior written notice to you. It is your sole responsibility to review these Terms periodically for updates and changes. Your continued use of the Website following the posting of changes shall be deemed to mean that you accept and agree to the revisions. It is understood and acknowledged by You that any contribution made by You on the website is made by way of grant and will not be refunded. You will not be entitled to receive any returns on such grants made.
1.3
Use of the Website is available only to Persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website. Any Person, if an individual under the age of 18 shall not register as a campaigner or Funder on the Website and shall not transact on or use the Website. We reserve the right to terminate such Person with access to the Website if it is brought to our notice or if it is discovered that such Person is not eligible to use the Website.
1.4
The Website acts as an online platform for Campaigners to run campaigns to raise funds from Funders. Additionally, the Website also provides a platform for NGO Partner to raise funds for specific programs. The Funders do not get any financial return on their contribution on the Website.
2. DEFINITIONS
For the purpose of these Terms, wherever the context so requires, the term:
2.1
“Content” shall mean and include, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works.
2.2
“Person” shall mean an individual, a corporation, a partnership, a joint venture, a trust, an unincorporated organization and any other legal entity.
2.3
“Campaigners” shall mean Person raising funds through the Website for charitable purposes.
2.4
“Funders” shall mean Person granting/contributing to the campaigns conducted by the Campaigners through the Website, for charitable purposes and social impact activities in rural areas as per these Terms.
2.5
“NGO Partner” shall mean and include various recognised non-profit organisations to raise funds for specific programs through the Website.
2.6
“Claims” shall mean: (i) any and all monetary (or where the context so requires, monetary equivalent of) damages, fines, fees, penalties as applicable under Applicable Law, losses and out-of-pocket expenses (including without limitation any liability imposed under any award, writ, order, judgment, decree or direction passed or made by any Person); and (ii) amounts paid in settlement, interest, court costs, costs of investigation, reasonable fees and expenses of attorneys, accountants, actuaries and other experts and other expenses of litigation or of any claim, default, or assessment.
2.7
“Information” shall mean and include personal information, business information and third-party information in accordance with these Terms.
2.8
“Users or You” shall mean Campaigners, Funders and visitors of the Website.
3. SCOPE
3.1
The Website does not provide any services that is akin to fund management or pooling of funds. Any contribution on the Website by any individual, should not be construed as an investment in any form whatsoever. The Website does not guarantee any contributions by Funders to any Person, either directly or indirectly.
3.2
It is clarified that all references to 'he', 'his', 'him' and 'himself', in the context of the User, shall be deemed to include references to Users of the opposite gender as well as Users who are legal or non-natural entities.
3.3
The Website is only an online platform and is not engaged in endorsing any particular project.
4. USE OF WEBSITE
4.1
Subject to your acceptance of these Terms, We grant you a limited, revocable, personal, non-exclusive, non-transferable, non-sub licensable license to access and use the Website and retrieve data from the Website as and when you require.
4.2
You agree that you shall use the Website and Content for your use as per the Terms.
4.3
Users may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. By creating a fundraising campaign on the Website, you as the Campaigner are offering the public the opportunity to enter into a contract with you. By funding a campaign on the Website, you as the Funders accept that offer and the contract between the Campaigner and the Funders. Neither www.shareon.in nor the Organisation are party to that agreement between the Campaigner and Funders. All dealings are solely between Users.
4.4
User may not submit Content that is harmful, offensive, libellous, derogatory, hateful or racially or ethnically objectionable language, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. We shall not be responsible for such actions or conduct or any such Content which a User shares.
5. REGISTRATION PROCESS
5.1
You may view Content on the Website without registering, but as a condition of using certain aspects of the Website, you may be required to by: (i) creating an account on the Website; (ii) signing up on the Website; and /or (ii) making use of the feature of the Website or the Services available therein. You may Register with the Website and create a User profile using a "User ID" and “password”. The Website also allows you to use your Facebook profile as your login preference however, the Website does not post or publish anything on your Facebook profile without your permission. Additionally, you shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your account.
5.2
Campaigner shall not use as a User ID, domain name, or project name, any name or term that:
5.2.1
is the name of another person, with the intent to impersonate that person; or
5.2.2
is subject to any rights of another person, without appropriate authorization; or
5.2.3
is in violation of any applicable law or contractual obligation
5.3
We reserve the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Website. You shall never use another User account without the other User's expressed permission. You will immediately notify us in writing of any unauthorized use of your account, or other known account-related security breach.
5.4
You may deactivate your account at any time you desire, in which case Your profile information, including your name, contact details and profile picture uploaded by You, will be deleted from our database within 90 days. You also understand and agree that though you may delete your account or some information from your account, the same may still appear in some online searches. We have no control over the search results that show up in such third party engines or Websites.
6. OBLIGATIONS FOR CAMPAIGNER’S REGISTRATION AND ACCOUNT
6.1
The Website allows very limited and restricted access to the services for unregistered users.
6.2
Creation of Campaigner’s Account - The Campaigner may create an account (“Campaigner Account”) based on information to be filled in at the time of registering, which may include, mobile number and one time password or any valid email ID/user ID and password (collectively, “Campaigner Account Information”).
6.3
In order for a Campaigner to avail the contribution from Funders through the Website and for the Campaigner Account to go live, the Campaigner is required to provide Us with certain user information/documentation for verification in a form and manner acceptable to Us, which shall include, inter alia, the following:
i.
Know Your Customer documents, such as proof of identity, address and recent photograph;
ii.
Aadhaar Number, name and address (for authentication with UIDAI);
iii.
Employment or income related documents
iv.
Permanent Account Number (PAN); and
v.
Email ID and phone number verification.
vi.
In addition to the above, We reserve the right to request the Campaigner to provide such other information/documentation as it may deem fit.
6.4
The Campaigner will be responsible for maintaining the confidentiality of the Campaigner Account Information, and shall be fully responsible for all activities that occur under the Campaigner Account. The Campaigner agrees to, (i) immediately notify Us of any unauthorised use of the Campaigner Account Information or any other breach of security; and (ii) ensure that the Campaigner exits from the Campaigner Account at the end of each session. We cannot and will not be liable for any loss or damage arising from the Campaigner’s failure to comply with this Clause. The Campaigner may be held liable for losses incurred by Us or any user or visitor of the Website due to authorised or unauthorised use of the Campaigner Account, as a result of the Campaigner’s failure in keeping the Campaigner Account Information confidential.
6.5
The Campaigner shall ensure that the aggregate loans taken by him (whether for transactions consummated through the Website) does not exceed INR 10,00,000/- (Indian Rupees Ten Lakhs only) at any point of time. The Campaigner shall be required to provide declarations, from time to time, in a form and manner We may deem fit, confirming compliance with this Clause. The Campaigner’s failure to comply with this Clause shall entitle Us to indefinitely suspend or terminate or block access to the Campaigner’s Account on the Website and refuse to provide the Campaigner with access to the Website, or take such other action against the Campaigner as it may deem fit.
6.6
The Campaigner agrees that if the Campaigner provides any information that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if We have a reasonable ground to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the these Terms, We shall have the right to indefinitely suspend or terminate or block access to the Campaigner’s Account on the Website and refuse to provide the Campaigner with access to the Website.
7. OBLIGATIONS FOR FUNDER’S REGISTRATION
7.1
In order for a Funder to grant the contribution to the Campaigners through the Website, the Funder is required to provide Us with certain user information/documentation for verification in a form and manner acceptable to Us, which shall include, inter alia, the following:
i.
Know Your Customer documents, such as proof of identity, address and recent photograph;
ii.
Residential Status
iii.
Permanent Account Number (PAN); and
iv.
Email ID
7.2
In addition to the above, We reserve the right to request the Funder to provide such other information/documentation as it may deem fit
8. FUND TRANSACTIONS AND ACCOUNTABILITY
8.1
Multiple Payment Gateways – The Website provides an option of payment gateways to facilitate the transactions of funds.
8.1.1
However, the Organisation is not the final recipient of any funds from the Funders directly, but a facilitator which enables receipt of funds both domestic and internationally by campaigners, who are the final recipient of funds.
8.1.2
Collect the funds in the Organisation’s Nodal Bank account till the campaign is running for a period selected by the Campaigner. And further transfers the funds to the Nodal Bank Account within 3 Days of completion of the transaction as per the RBI Guidelines.
8.1.3
Does not generate contributions and Funders for a campaign.
8.1.4
Does not guarantee that the target funds of a campaign will be raised fully.
8.1.5
Does not offer the platform to Users for investing in a project for the purpose of equity, loans/debt, or profit sharing.
8.1.6
Shall receive all contributions from Funder(s) (where the Funder is not an Indian citizen) via accounts or cards issued by other countries in its registered bank account.
8.2
Transferability and Usage
8.2.1
The Website only enables the flow of funds from the Funders to the Campaigners but they are not the final recipient of funds which are raised by the platform. The commission will be levied by the Campaigner which will be subject to taxability.
8.2.2
Campaigns shall be based out of India (i.e. campaigns where Campaigners seek to implement the project in India and accordingly, have an Indian bank account into which the Funder’s contributions may be released.
8.2.3
If at any point of time, we can HOLD the withdrawals by the campaigner due to the following reasons:
8.2.3.1
if it happens to occur that there has been an ‘extra-ordinary situation’ which attracts reasonable investigation into the matter
8.2.3.2
if we have a reason to believe that the campaigner has violated these terms.
8.2.3.3
if we think we need additional documentation to have reasonable assurance on utilization of contributions for the purpose stated in the campaign
8.2.3.4
if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations.
8.3
Contributions by Foreign Nationals.
8.3.1
The Indian Laws have a reference to the foreign contributions made which have to be strictly followed. The Campaigner must have a valid license and validly registered for transacting under the Foreign Contribution Regulation Act, 1976. Further, the Campaigner covenants that it shall, at all times, remain in absolute and full compliance with the provisions of Foreign Contribution Regulation Act, 1976, in relation to the campaign. The funders must be aware of these provisions as well and make contributions in relevance to the same.
8.3.2
Campaigners must comply with the foreign exchange rules as stated by the Foreign Exchange Management Act 2000 and the RBI regulations on crowd funding as applicable.
8.4
Taxation
8.4.1
Campaigners must bear any and all tax liabilities on the funds raised through Organisation/Website. These taxes may include, but are not limited to, income tax and GST applicable on the funds raised or on the procurement of rewards. The Organisation / Website is not liable to provide any tax or legal advice to Campaigners.
8.4.2
The minimum amount that can be donated/contributed is INR 100.
8.5
Usage of Funds
8.5.1
The campaigner must use the funds collected solely for the project described in their campaign. Campaigners shall be liable to legal prosecution by Funders and/or Organisation (jointly and severally) if they are found to be using funds for any purpose other than that specified at the time of raising the funds, or other inappropriate purposes. The Website can discontinue the campaign if it gets any notification of misuse of funds or use of funds for another purpose other than the stated creative project at any time of the campaign, without any notice or discussion to the campaign Organisation at the organisation's sole discretion.
8.5.2
In accordance to the Prevention of Terrorism Act, 2002 and all subsequent regulations pursuant to this Act, the Campaigner will assure that the amount received from the Funders is not made available as, either directly or indirectly to fund any act of terrorism. Where the Campaigner/beneficiary, or any person acting on their behalf, breaches any of the provision of the Prevention of Terrorism Act, 2002 or of any such regulation. We shall have the right to terminate the contract with immediate effect and recover from the Campaigner/beneficiary the amount transferred. Further, the Organisation shall take such necessary actions as may be required under the applicable law including filing a criminal complaint against the concerned Campaigner/ beneficiary.
8.6
Anti- Money Laundering Policy
8.6.1
The Organisation and Website comply with the Anti-Money Laundering (AML) guidelines established by the Reserve Bank of India, vide it's circular RPCD.RRB.RCB.AML.BC.No.02/07.51.018/2014-15 on 1 July, 2014 and updated from time to time. The guidelines include, but is not limited to, the following salient conditions:
8.6.1.1
Identification: Every Funder making the contribution has to verify his/her identity per the Know Your Customer (KYC) in the guidelines. This will include verification of registered mobile number via a One Time Password and one of the identification documents viz. Permanent Account Number, Aadhar Card Number etc. which is validly recognised by the RBI. The list of such registered documents will be available on request on the Website.
8.6.1.2
The verification will be essential to withdraw/transfer the funds from the Website at its sole discretion, during the course of a campaign. Failure to comply, may result in cancellation of a fundraising campaign, and funds may be returned to Funders in such a scenario.
8.6.1.3
Campaigners are responsible for collecting and remitting any taxes on contributions, and any taxes due in connection with Campaigners may not use a false email address to self-fund, or contribute to, their own Campaigns this is a violation of Stripe policies and of our Terms of Use.
8.6.1.4
The Organisation may attempt to verify the identity and other information provided to us by Campaigners, and we may delay, withhold or reverse any contributions or other amounts without notice or liability in the event if We are unable to verify any such information to our satisfaction. Campaigner’s eligibility is subject to the Organisation’s review of the fulfilment status of prior to contribution seeking obligations.
8.6.1.5
Tax authorities may classify funds raised on the Website as taxable income to the Campaigners and any beneficiary who will receive funds directly from the applicable Campaign. The Organisation/Website will ask for the personal account number / tax identification number (PAN) of Campaigners and any beneficiaries so that we may report taxable income to the relevant taxing authorities.
8.6.1.6
For Funders on the Website, only standard channels of payment - verified credit or debit cards, net banking, Cheques. No cash Payments will be accepted.
9. REWARDS
Campaigners may provide certain rewards which may be tangible goods or intangible services to Funders in exchange for their funding depending on case to case. But these rewards cannot, under any circumstances, be financial in nature (e.g., interest on funding amount, ownership/equity stake, and revenue/profit share). Organisation or Website will not be responsible for any liabilities from Funders' dissatisfaction with rewards fulfilment.
10. PROJECT COMPLETION
Campaigners must keep the Funders updated about the work in progress in case of delays to avoid Funder dissatisfaction. The Organisation does not make any claims or guarantees on behalf of the Campaigner regarding the completion of the project and usage of the funds raised only for the project. Similarly, the Organisation or the Website does not take any responsibility for making sure that the project for which the funds are raised through its Website and made available to the funders. The Funders are free to get in touch with the campaigners directly and solving any dispute that arises regarding the campaign.
11. CAMPAIGN BRANDING AND MARKETING
Campaigners must include Organisation / Website logo branding on all project and/or campaign related marketing collaterals, whether online or offline (e.g., online banners, offline flyers) as per Organisation / Website brand and logo guidelines.
11.1
CAMPAIGN CANCELLATION:
Notwithstanding anything set out herein, the Organisation reserves the right, at its sole discretion, to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. The Organisation is not liable for any damages as a result of any of those actions. The Organisation’s policy is not to comment on the reasons for any of those actions.
Kindly note that www.shareon.in is an online platform connecting Funders and Campaigners for charitable contributions. We do not provide any financial return in any form whatsoever, including but not limited to financial securities (debt or equity), interest, dividend, profit share, rewards in cash, to individuals who contribute / donate on the Website.
11.2
Third Party Websites: The Website may permit Campaigners and Users to link to other Websites or resources on the Internet, and other Websites or resources may contain links to the Website. When you access third-party Websites, you do so at your own risk. Those other Websites are not under the our control, and you acknowledge that the We are not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other Websites or resources. The inclusion on another Website of any link to the Website does not imply endorsement by or affiliation with us.
12. RIGHTS OF THE ORGANISATION
12.1
The Organisation shall have the right to make changes in its technology platform or services, at its sole discretion, at any time, without notice or liability, decide who will be eligible to use the services offered, cancel accounts or decline to offer our services, change our eligibility criteria at any time, cancel any funding to any project, at any time and for any reason and reject, cancel, interrupt, remove, or suspend any project / campaign at any time and for any reason.
12.2
The Organisation will not have any ownership rights over your Submissions and Content. However, the Organisation will get the license to perform and market the Website on your behalf and on behalf of its other Users and itself. You grant to the Organisation a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your user submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") in connection with
12.2.1
the Website and Organisation’s business
12.2.2
promoting, marketing, and redistributing part or all of the Website (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third-party Websites)
12.2.3
take whatever other action is required to perform and market the Service.
12.2.4
use and publish, and permit others to use and publish, the Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service.
13. TERMS AND CONDITIONS OF THE CAMPAIGNERS
13.1
The Campaigner shall not directly or indirectly, run an independent or separate similar contribution seeking campaign at any time during the period the Campaigner seeking for funds on the Website.
13.2
Campaigners have to go through on boarding process in order to get selected by the Website for the purpose of hosting their campaign and raising funds.
13.3
The Organisation follows proprietary guidelines and criteria while selecting a campaign/project for the purpose of listing campaigns on the Website. Only those Campaigners, whose projects are allowed by the Organisation, are allowed to raise funds on the Website by running their campaigns. The Organisation reserves the right to select or allows a campaign as per these guidelines and also reserves the right to reject and give reasons for rejection. Approved Campaigners have to adhere to the fees as set out below before going ahead to create and run their campaigns.
13.4
The Campaigner agrees to pay Organisation the following fees (“Fees”) in relation to the Campaigner’s crowd funding campaign(s):
13.4.1
Campaign facilitation fees as applicable to a particular campaign, as mentioned on https://www.ShareOn.in/support/plans-and-pricing.php to be charged on the total amount of funds raised at the end of your campaign. GST and other taxes, if any, shall be payable on this amount at the rates applicable as on the date of campaign settlement.
13.4.2
Payment gateway commission of % will be charged on the amount of funds raised as a part of campaign. GST and other taxes, if any, shall be payable on this amount at the rates applicable as on the date of deduction of payment gateway commission.
13.4.3
The above Fees are non-refundable and non-negotiable under any circumstances.
13.5
Campaigners are solely responsible for creating their own campaign pages within the format provided by Organisation / Website. Campaigners must source all relevant content including text, images, and videos themselves. You further agree that your content or any other submission will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful ownership of the material by the Organisation or you are otherwise legally entitled to post the material and to grant the Website all of the license rights granted herein. You will pay all royalties and other amounts owed to any person or entity based on your submitting content to the Website or the Organisation’s publishing or hosting of the content as contemplated by these Terms of Use. The content cannot be used by the organization in wrong manner and Users as contemplated by this agreement will not infringe or violate the rights of any third party. Furthermore, all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which that content originated. The Organisation will not be liable for any errors or omissions in any content. The Organisation cannot guarantee the identity of any other Users with whom you may interact while using the Website. All content you access through the Website is at your own risk and you will be solely responsible for any resulting damage or loss to any party. No campaign with the Website can launch without the approval of all the campaign page elements i.e., the pitch video, pledge content, images, team bios etc. The Organisation shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your content. The Organisation feedback to change the elements, if given to the Campaigner, must be implemented by the Campaigner. The Organisation holds the right to disallow unsatisfactory campaigns from going live on our platform.
13.6
The Campaigner will hold the complete right to upload all photos, videos and other social media contents of the past activities carried out by it for the purpose of the funders. The Content must be copyrighted and any content uploaded must have full consent of the persons in it and must not hurt the religious sentiment of any person.
14. FINANCIAL TRANSACTION FACILITY – CAMPAIGNER
14.1
You, as a Campaigner, shall be required to register yourself on the Website and provide the Organisation with all the necessary information as may be deemed by the Organisation from time to time including but not limited to banking details / income tax details such as PAN and registration certificates under various provisions and laws, etc. Further, fulfil the commitments made to the Funder in the manner as detailed in the campaign and in a timely manner. The Organisation may seek information regarding the use of the funds raised by the Campaigner even after the campaign (for a period not more than 5 years from the end of such campaign implementation completion) has ended and provide the details to the Funders.
14.2
If for any reason there is a chargeback on a transaction to the Organisation and if the funds are already transferred by the Organisation to the Campaigner the Campaigner will be liable to refund the amount that has been charge backed to the Organisation or We should be able to deduct the charges from the remaining amount.
14.3
If the Website finds any suspicious activity with a particular campaign / campaigner, the Organisation may at its sole discretion immediately suspend the fundraiser and refund all transactions associated with it, if found fraudulent in any manner. The Organisation will also lodge an official complaint with the Cyber Security Cell against the campaigner in such a case and holds any other right to take further action.
15. TERMS AND CONDITIONS FOR FUNDERS
15.1
Funders can only fund a project by registering on the Website using the Website's login procedures.
15.2
Funders agree that certain basic Personal information (as defined in Privacy Policy of the Organisation), that you provide on the Website can be accessed by third parties and may show up in search engines. By using the Website, Funders expressly consent to such search engines sourcing your information and displaying such information on the search engine’s Website. The Website does not control the manner in which such information is displayed or made available.
15.3
While creating an account, Funders should not use as a User ID any name or term that
(i)
is the name of another person, with the intent to impersonating that person
(ii)
is subject to any rights of another person, without appropriate authorization
(iii)
is offensive, vulgar, or obscene.
15.4
The Organisation reserves the right, in its sole discretion, to refuse registration or cancel registration at any time and for any reason.
15.5
You are responsible for maintaining the confidentiality of your username and password as well as for all activities that occur under your username and password. The Organisation or the Website shall not be responsible for the loss of your password. While the Website’s automated engines may assist you in recollection or retrieval of your password, password retrieval is not guaranteed.
15.6
You should not create more than one personal profile. If you have created more than one login, the Organisation reserves the right to delete or disable such additional, or all logins, at its sole discretion.
15.7
The account created by You is personal is non-transferable or assignable.
15.8
Funders give their consent and authorize the Website to deduct the necessary commissions on the contributed amount before transferring to the final recipient i.e., the Campaigner, or while refunding their amount.
15.9
By funding a campaign, the Funders agree to provide their name, email address, phone number, billing and shipping addresses. They also agree to provide the authorized online payment gateway of the Website, necessary & required details of their credit and debit cards for making an online contribution. Funders agree to have sufficient funds or credit during making a contribution for a campaign. Funders are here by informed that their credit and debit card related details are not provided to the Organisation or the Website by the online payment gateway & will remain confidential. We as an aggregator of campaigns and Funders shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the present limit mutually agreed by us with our acquiring bank from time to time. If any stolen debit or credit card is used to make payment, the Organisation shall not take any liability to the original Organisation of such instruments of transaction and shall have the right to pursue criminal charges against the Funder making the payment/ contribution.
15.10
Though We as a facilitator undertake correct and reasonable measures to safeguard the interest of the parties, however the Organisation/ Website does not oversee the performance or punctuality of projects, neither does it guarantee the completion of projects. The responsibility of project completion solely lies with the Campaigner.
15.11
Funders agree to not hold the Website or the Organisation responsible for any of their dissatisfaction related to the project they have funded and must deal with the Campaigner directly. Funders, by making a contribution to a campaign on the Website, are assumed to have understood that projects run the risk of getting delayed or not completing based on contextual factors and / or factors in the control of the campaigner.
15.12
The Organisation or the Website does not endorse any user submissions. Users (both campaigners and Funders) release the Organisation and the Website, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the service.
15.13
Funders will get a refund of their contribution in case the campaign they are funding has been put to Hold and the issues are not resolved by the Campaigner. The Funders agree to receive the refund either through a couriered cheque or via an online reversal/refund of their original payments. In case of a cheque refund (for cases where the initial contribution was made via cheque or bank transfer), the Funders agrees to allow the Organisation to deduct courier charges from the contribution. In case of an Online refund/ reversal (for cases of online Payment), the Funders agrees and acknowledges that the payment gateway has the right to deduct their charges from the refunded amount.
15.14
A Funder cannot ask for a refund if a campaign he/she funded met its target. The Funders relieves the Organisation or the Website from any obligation to make a refund in such a case.
15.15
Funders agree to not claim any ownership in the project they fund through the campaign on the Website. The rights of the project remain with the Campaigner.
15.16
The Website or the Organisation is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Website. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Website. You hereby unconditionally release the Website and Company, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the service.
15.17
Financial Transaction Facility – Funders
15.17.1
While availing any of the payment / contribution method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to lack of authorization for any transaction/s or exceeding the present limit mutually agreed by You and between your "bank/s" or decline of transaction for any other reason/s.
15.17.2
Your relationship with the Organisation is on a principal to principal basis and by accepting these Terms of Use you agree that the Organisation is an independent contractor for all purposes, and does not have control of or liability for the campaigns that are listed on Website wherein money is transacted by using the payment facility.
15.17.3
You understand, accept and agree that the payment facility provided by the Organisation is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through, collection and remittance facility for the transactions on the Website using the existing authorized banking payment gateway networks and settlement service providers. Further, by providing payment facility, the Organisation is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
15.17.4
The Funder acknowledge that the Organisation will not be liable for any damages, interests or claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond control of the Organisation.
15.17.5
The Organisation shall make payments, net of its costs, charges and fees, if any, into the bank account provided by the Campaigner during Campaigner registration process. Once the Organisation has made payments into such bank account number, the Organisation shall be discharged of any/all liability towards the User and the User shall not be eligible for any claims and/or refunds thereof.
16. INTELLECTUAL PROPERTY
16.1
“Intellectual Property” shall mean patents, patentable materials, inventions, algorithms, designs copyrights, trademarks, domain names, trade secrets, know-how, including, but not limited to, source code, data, presentation, research, documents, product plans, products, pricing, services, customers/ business information, methods, processes, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business related information and any other intellectual property, whether registered or not and whether arising by operation of law, contract, license or otherwise.
16.2
You hereby agree and acknowledge that the rights granted to you under these Terms do not convey any additional rights in the services provided on the Website, or in any Intellectual Property associated therewith.
16.3
We do not claim ownership on any third-party information retrieved by you on the Website.
17. REPRESENTATION AND WARRANTIES
17.1
You hereby represent and warrant to the Organisation that:
17.1.1
All the information provided by you during the registration / campaign / funding process, as applicable, is true and accurate and
17.1.2
You are capable (in case of an individual, being above 18 years of age) and duly authorized (in case of a legal entity, by way of appropriate corporate approvals) to enter into the campaigning / funding arrangement, on behalf of yourself, any other person, company, or other entity.
18. COVENANTS
18.1
No Person shall copy or utilise, in any manner, the questionnaire(s), responses, designs, content or any other data generated in consultation with any Campaigner or Funder, without the prior written consent of the Organisation.
18.2
No person shall, unless the Organisation, its applicable affiliate, and/or the applicable third party provider gives you prior written consent, sell, license, rent, modify, print, collect, copy, reproduce, download, upload, transmit, disclose, distribute, disseminate, publicly display, publicly perform, publish, edit, adapt, electronically extract or scrub from any content or materials (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories) or otherwise transfer any of the content to any third person (including, without limitation, others in your company or organization).
18.3
You agree not to decompile, reverse-engineer or disassemble any materials, information or other content available through this Website and not to insert any code or product to manipulate the content in any way that affects the User’s experience. Unless we give you prior written permission, use of any Web browsers (other than generally available third-party browsers), engines, software, spiders, robots, avatars, agents, tools or other devices or mechanisms to navigate, search or determine this Website is strictly prohibited. You agree not to challenge (or assist any third party to challenge) the validity or enforceability of any intellectual property owned by Organisation or its applicable affiliates relating to this Website, its content or otherwise referenced therein, including but not limited to the patents and trademarks listed in this Terms of Use
19. DISCLAIMER
19.1
The services on the Website are provided “as is” without warranty of any kind. Some part of Website including the data procured on the Website, contains some third-party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available and the Organisation disclaims all warranties, whether express, implied or statutory, regarding the Website, including without limitation any and all implied warranties of merchantability, accuracy, authenticity and/or accuracy of data, results of use, reliability, fitness for a particular purpose, title, interference with quiet enjoyment and any warranties or conditions arising out of course of dealing or usage of trade. Further, Organisation disclaims any warranty that your use of the Website will meet any or all of your requirements or that such use will be uninterrupted or error-free.
19.2
We make no guarantees with respect to the availability or uptime of any services provided on the Website as they are dependent on third party sources. We may conduct maintenance on or stop providing any services, at any time with or without notice due to an event including but not limited to (a) government order, (b) change in applicable law,(c) third-party server down time, (d) non availability/partial availability of data or any technical errors in the Website or other dysfunctionality of or where the underlying data has not been updated or if there is a slow-down in real time updates or updates are unavailable, erroneously updated or partially available, in any third party or governmental authority’s records, where such data is sourced from any Websites hosted by any third party or governmental authority including any local, judicial, quasi-judicial, municipal, or any other statutory authority or ministry, non-irretrievability of such data in the stipulated time frame due to the servers of such Website(s) being down and/or slow (due to increase in traffic or for any other reason); or in the event the Website is shut down / dysfunctional or discontinues services or for any other reason whatsoever, which may in any way prevent, restrict or interfere with or otherwise adversely affect, the provision of the services provided on the Website by Us.
19.3
We may change the method of access to the Website at any time. In the event of degradation or instability in our system or an emergency, We may, in our sole discretion, temporarily suspend your access to the Website.
19.4
We are only a platform that allows Campaigners seeking contributions to list themselves and permit the Funders to grant such contributions.
20. INDEMNITY
Users agree to indemnify and hold harmless the Organisation, its licensors, suppliers, affiliates, subsidiaries, group companies (as applicable) and their representatives, directors, agents, and employees, from any Claims or arising out of your breach of these Terms, Policy and other policies, or violation of any law, rules or regulations or the rights (including infringement of any Intellectual Property rights) of a third party by you.
21. CONFIDENTIALITY
21.1
We have taken adequate measures to protect the security of your Information and to ensure that your choices for its intended use are honoured. We undertake robust precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
21.2
Consider the confidentiality and security of your information to be of utmost importance. It therefore uses industry standards, and physical, technical and administrative security measures to keep Information confidential and secure and we will not share your Information with third parties, except as otherwise provided in these Terms and our privacy policy (“Policy”). Please be advised, however, that while we strive to protect Information and privacy, we cannot guarantee or warranty its absolute security when Information is transmitted over the internet into the Website. We will annually evaluate this necessity considering your privacy and our relation while keeping the applicable legislation in mind. Non-personal information will be retained indefinitely.
22. LIMITATION OF LIABILITY
IN NO EVENT SHALL NATIONAL SKILLS FOUNDATION OF INDIA, ITS DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR BUSINESS AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NATIONAL SKILLS FOUNDATION OF INDIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF National Skills Foundation Of India VIS-À-VIS ANY USER, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF FEES PAID BY THE USER TO NATIONAL SKILLS FOUNDATION OF INDIA. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
23. TERMS AND CONDITIONS
23.1
As a condition of use, you promise not to use the Website for any purpose that is prohibited by the Terms of Use or law. The Website and its' services are provided only for your own personal, non-commercial use (except as allowed by in this Terms of Use). You are responsible for all of your activity in connection with the Website and its Services. You shall not, and shall not permit any third party using your account to, take any action, or submit content, that:
23.1.1
Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
23.1.2
You know is false, misleading, or inaccurate
23.1.3
Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, tortuous, obscene, offensive, profane, or invasive of another's privacy.
23.1.4
Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters.
23.1.5
Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Organisation or any third party.
23.1.6
Users may not use the Organisation's Website for activities that relate to sales of narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, items that encourage, promote, facilitate or instruct others to engage in illegal activity, certain sexually oriented materials or services, ammunition, firearms, or certain firearm parts or accessories, certain weapons or knives regulated under applicable law.
23.1.7
Users may not relate to transactions that support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, transactions associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices, involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from the Organisation and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
24. TERMINATION
24.1
We, in our sole discretion, may modify, suspend, or terminate access to, all or any portion of the services provided on its Website at any time for any reason including termination for breach of any of these Terms.
24.2
If you wish to terminate these Terms, you must immediately stop accessing or using the Website at any time and inform Us in writing of such termination.
25. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Gurugram, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Gurugram, India and the language used shall be English. Nothing shall preclude a party from seeking interim or permanent equitable or injunctive relief, or both. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the parties to pursue any other remedy or relief through the arbitration.
26. ONLY A PLATFORM
Users acknowledges and agrees that the Website is strictly an online platform for connecting Campaigners and Funders with a purpose of encouraging social impact activities. We shall not be liable for any reason whatsoever for the services and for any transactions consummated on the Website and shall bear no liability for the consequences to the Users, of the User’s use of the Website. The Users acknowledges and agrees that they shall be solely responsible for any and all transactions facilitated on the Website through the User’s Account.
27. SEVERABILITY AND WAIVER
These Terms of Use, the Privacy Policy and other referenced material herein or on the Website, are the entire agreement between you and the Organisation with respect to the service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Organisation with respect to the service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
28. CHANGES TO THE POLICY
We reserve the right to update, change or modify this Terms at any time. The Terms shall come to effect from the date of such update, change or modification.
29. FORCE MAJEURE
The Organisation will not be responsible for any delay or failure to comply with our obligations under the Agreement if the delay or failure arises which is beyond the control of the organisation, including but not limited to any equipment or software malfunctioning, fire electrical, power failure, internet, or telecommunication outage or sudden change in the government rules/restrictions (including the denial or cancellation of any export or other license).
30. GRIEVANCE OFFICER
In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name:
Address:
Contact:
Email ID:
31. CONTACT US:
If you have additional questions or concerns about this Terms or want to make any request or suggestions regarding certain Terms, please contact us at.
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