The 'Fundraising Terms' is an integral part of the 'Terms of Service' which is published at https://givera.org/pages/terms. Just for the ease of reference, the 'Fundraising Terms', as outlined in Section-C of the 'Terms of Service', is separately reproduced below. However, by using the givera.org Website, you hereby acknowledge that you have read and accept the 'Terms of Service'.
FUNDRAISING TERMS (SECTION 'C' OF THE TERMS OF SERVICE)
- Definitions: In these Terms, we refer to those raising funds as "Campaign Owners" and to their fundraising campaigns as "Campaigns". We refer to those contributing funds as "Contributors" and to the funds they contribute as "Contributions". Campaign Owners, Contributors and other visitors to the Service are referred to collectively as "Users."
Disclaimer: The Website offers an online Fundraising (crowd-funding) Application for people and entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. The Website offers an online payment gateway service to facilitate transaction of funds for the approved and listed Campaigns. However, it may be noted that the Website:
- makes no representations about the quality, safety, morality or legality of any Campaign or Contribution or the truth or accuracy of content posted on the Website;
- does not generate contributions and contributors for a campaign, nor does it guarantee that the target funds of a campaign will be raised fully;
- does not offer the Fundraising Application to users for investing in a project for the purpose of equity, loans/debt, or profit sharing; please contact the Website directly for any such requirements;
- does not represent that Contributions will be used as described in the Campaign. Contributors use the online fundraising service at their own risk;
- is just a service provider and not the final recipient of the Contributions; it only enables receipt of the Contributions (both domestic and foreign) on behalf of the Campaign Owners, who are the final recipients of all such Contributions;
- Eligibility to Use the Fundraising Application:
Legal Entity: You will be required to designate the legal entity to which funds will be directed.
- Credentials: The Campaign Owner, apart from having an active account and a complete member profile on the Website, must also have an 'Entity' created on the Website on behalf of the legal entity which is desirous of raising funds, and upload all the applicable regulatory and compliance documents in the Credentials section of the Entity page on the Website, as per various document categories listed therein, for viewing and verification by the users.
- FCRA Registration: It is not possible for the Website to check whether a Contributor is a Foreign Source as defined in Foreign Contribution (Regulation) Act, 2010; therefore, you must be registered/approved with FCRA to be able to list your Campaign on the Website and receive Contributions thereto.
- Past Track Record: You are not eligible to use the Fundraising application on the Website if you have previously been suspended from using this feature for any reason and we have not explicitly authorized you to resume using this feature.
- Company's Discretion: Notwithstanding the terms of eligibility or any laws to the contrary, the Company reserves the right to refuse the use of the Fundraising application to anyone and to reject, cancel, interrupt, remove or suspend any live Campaign at any time for any reason without any liability.
- Member Content:
While using the Fundraising application, the Campaign Owners may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "Member Content").
- The Campaign Owners are solely responsible for sourcing all Member Content and for creating the campaign within the format provided on the Website.
- All Campaigns created on the Website are User Submittal and are subject to all the terms and conditions relating thereto as defined in Section A of this Agreement. It is a breach of this Agreement to post a false or misleading Campaign or to post false or misleading information in the Campaign profile.
- You grant Website and its users a perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute your Member Content on or in connection with the Service and our related marketing and promotional activities. As between you and the Website, you continue to hold all ownership interest in your Member Content.
- You represent and warrant that your Member Content and our use of your Member Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
- Campaign Submission, Evaluation, Approval and Rejection:
All Campaigns will go through a mandatory evaluation by the Website's back-end team to ensure compliance with the eligibility criteria, relevance of the purpose of the Campaign to the Website, and any other verification as the Website may deem appropriate.
- Only the campaigns approved by the Website will be listed to raise funds. The Company reserves the right to select or approve a campaign as per its internal guidelines and also reserves the right to communicate or not communicate the reasons for rejection.
- The Website encourages the Campaign Owners to provide as much details, including pictures, videos, scanned documents etc to make it look credible, convincing and appealing to the users.
- Prohibited Campaigns: Campaign Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam other Users. If you know that your Campaign is claiming to do the impossible or it's just plain phony, don't post it. You must comply with all applicable laws and regulations in carrying out your Campaign and using the Contributions.
Campaign Target Amount & Timeline: Campaign Owners are not allowed to change the target amount and the time period that they specify while creating the campaign on the Website. Once the campaign is approved and listed, the target amount and time period cannot be changed.
- No Perks: Campaign Owners are not permitted to offer or provide any Perks or gifts in the form of tangible items or intangible services to Contributors.
Our License to You: We grant you a limited, non-exclusive, non-transferable, revocable license to use the Fundraising application subject to your eligibility and your continued compliance with the terms of this Agreement.
- Campaign Owner's Responsibilities:
- Exclusivity: By posting a Campaign on the Website, you declare that you are not running and will not be running parallel Fundraising campaign(s) on any other crowd-funding platform for the same project.
You will respond promptly and truthfully to all questions posed to you through or by the Website.
- The Company may attempt to verify your identity and other information you provided to us, and may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any information to our satisfaction.
Use of funds: You must use the funds raised through the Website solely for the project described in your Campaigns. Please note that you may be liable to legal prosecution by the Contributors if you are found to be using funds for inappropriate purposes.
- The Website can discontinue any Campaign if it gets any notification of misuse of funds or use of funds for purposes other than those stated in the Campaign, without any notice to the Campaign Owner, at its sole discretion.
You will provide in a timely manner proper money receipts along with tax exemption forms such as 80-G certificates to each of the Contributors, except those who choose to be anonymous, for the gross amount originally contributed by them on the Website.
- You will provide in a regular, timely and periodical manner, as the case may be, a project status report to each of the Contributors to your Campaign, except those who choose to be anonymous, until the final completion of the project.
You are responsible for collecting and remitting any taxes on Contributions as well as for complying with all applicable laws and regulations in your use of the Contributions. Your taxing authorities may classify funds you raise through the Website as taxable income to you and any beneficiary who will receive funds directly from your Campaign. We will ask you for your tax identification number (TIN) and the TIN of any beneficiary of your Campaign so that we may report taxable income to the relevant taxing authorities. We will provide you with a tax document if required by the relevant taxing authorities. We encourage you to consult with a licensed tax advisor from your local jurisdiction when planning your Campaign so that you understand and prepare for the tax obligations you may incur from the funds you raise. As Campaign Owner, you are fully responsible to meet your tax obligations as well as to comply with other regulatory compliance requirements, which may arise out of the use of the Fundraising application on the Website.
- You must include the Website's logo on all your project related marketing collaterals while acknowledging givera.org as your Online Crowd-funding Partner. You are also obliged to attend and participate in the Company's branding and marketing events, advertisements, interviews etc.
- Contributor's Responsibilities:
- You must be a registered user on the Website with an active account and a completed member profile.
As a Contributor, you are solely responsible for asking questions, investigating Campaigns and verifying the credentials of the Campaign Owner to the extent you feel is necessary before you make a Contribution.
- You acknowledge that your Contributions are voluntary, and not made for any monetary/non-monetary gains.
You acknowledge that your Contributions are made at your sole discretion and risk. The Website does not guarantee that Contributions will be used as promised, or that the Campaign will achieve its goals. The Website does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign or Contribution, or the truth or accuracy of content posted on the Service.
- You give your consent and authorize the Website to deduct the remittance fee and applicable taxes in addition to the payment gateway charges levied by the Website's payment processing partners on the Contributions, before transferring the same to the Campaign Owner.
The Website warrants the Campaign Owners to provide money receipts, tax exemption certificates and project updates to you provided you do not choose to make anonymous Contributions. The Website will do reasonable follow-ups with the Campaign Owners in case of delay or failure on their part to do so, and may also initiate action like suspending or terminating the accounts of such Campaign Owners if deemed necessary. However, the Website does not guarantee that you will get the money receipts, tax exemption certificates and project updates and hence, cannot be held liable in any manner due to non-fulfilment of such obligations by the Campaign Owners.
- You are solely responsible for determining how to treat your Contribution for tax purposes.
- Payment Processing Partners: Contributions are made online via credit card, debit card, netbanking or PayPal. The Website is not responsible for the performance of Paypal or any third party payment processing services.
Fees and Payments:
- Setting up a new Campaign on the Website is free though the use of Fundraising application to set up a Campaign is available only to the Premium members.
The Contributions are subject to the payment gateway charges levied by our payment processing partners as per the separate agreements entered into by the Company with them. The payment gateway charges are variable and subject to further change in the future without any commitment or obligation of any kind to the users of the Website.
- We charge a flat remittance fee of 3% plus applicable taxes on the net Contribution collected (post deduction of payment gateway charges by our payment processing partners) by us against a particular Campaign.
We remit the net contribution amount after levying the remittance fee within 15 working days of the expiry of the Campaign.
- The remittance fee is chargeable both in the case of remittance to the Campaign Owners as well as for processing refunds to the Contributors.
The remittance fee is subject to change and the updated fees are applied to Campaigns launched after the effective date of the new fee structure.
- All payments are only made in Indian Rupees to Indian bank accounts through NEFT or check.
- The Website does not make refunds to the Contributors even if the Campaign fails to raise the target amount.
- However, the Website will refund the net Contributions collected (post deduction of payment gateway charges by the payment processing partners) – further reduced by the applicable remittance fee and taxes – to the Contributors only in cases where either the Campaign Owner chooses to cancel the Campaign or the Website decides to terminate and remove the Campaign in accordance with the terms of this Agreement.
You are advised to read all the pages of the 'Terms of Service' as it contain several other provisions that also govern the Fundraising Terms of the Website.