Terms of Service

Apical CSR Services Pvt Ltd, a company incorporated in India under the Companies Act, 2013 (the "Company") provides its web-based online services to the visitors to its website givera.org and any derivative, co-branded or successor site as givera.org may make available from time to time (“the Website”). This Terms of Service Agreement (the “Agreement”) sets forth various terms and conditions that govern your use of the Website – as outlined below under four sections, namely - 

 

(A) General Terms,

(B) Privacy & Security Policy,

(C) Fundraising Terms, and

(D) Refunds Policy.

 

By accessing or using the Website, you are agreeing that you have read and accept the complete Agreement including all its sections and various provisions contained therein. If you do not agree to any of the terms and conditions of the Agreement, you are advised not to use the Website. 

 

SECTION A: GENERAL TERMS

 

  1. Description of Features: The Company provides visitors to the Website with access to various web-based social media networking, fundraising, knowledge sharing, job creation and other applications hosted on the Website (“the Applications”). The Website may add, remove or modify the Applications from time to time, as it may deem necessary or appropriate.

  2. Registration And Your Obligations: You may be asked to register or provide certain information in connection with your use of the Applications. You agree to provide true, accurate, current and complete information about you as prompted by the Applications and other application forms and registration forms (such information being the “Registration Data”). If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your access to and use of the Website and refuse any and all current or future use of the Website or any portion thereof.

  3. Passwords And Your Obligations: To access the services on the Website, you may be required to create an account and to select a unique username and password in order to be able to access your account. You are solely responsible for the activity that occurs on your account, including without limitation, any uploads of User Submittals, whether or not in fact authorized by you. You are responsible for maintaining the confidentiality and security of your username and password. If you have any reason to believe that there has been a breach of security regarding your username or password, including without limitation, unauthorized use of your username or password, you must promptly notify the Website in writing and also change your password on the Website.

  4. Access to the Applications: You shall be responsible for obtaining access as well as for all equipment necessary to access the Website, and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider fee or airtime charges). You are responsible for all charges associated with connecting you to the Website and the Applications, including, without limitation, all telephone, equipment, airtime and internet service provider charges. Notwithstanding the foregoing, the Company may, at its sole discretion, provide free of charge access to the Website and the Applications to its employees, independent contractors and/or agents as it may deem necessary or appropriate.

  5. Use of the Applications: During the term of this Agreement and subject to the terms and conditions set forth herein, the Website grants you a non-transferable, non-exclusive and non-sub-licensable right and license to use the Applications solely for your own use. Except as otherwise set forth herein, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the Applications, or any part thereof; (ii) copy, download or save the Applications, or any part thereof, in any form; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the Applications, or any part thereof; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the Applications in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary rights of the Company, its third party suppliers or any other third party, or (vi) remove any copyright, trademark, patent or other intellectual property notices in connection with the Applications. You agree not to access the Applications by any means other than through the interface that is provided by the Company or its agents for use in accessing the Applications. Any other use of the Applications other than as expressly set forth herein without the Company's prior written consent, which may be withheld in the Company's sole and absolute discretion, is strictly prohibited and all implied licenses are disclaimed.

  6. Links to Other Sites: Visitors to the Website should be aware that when they are on the Website , they could be directed to or connected to other web sites that are beyond our control, including without limitation, web-based social media services such as Facebook, Twitter and LinkedIn. There are several links to other web sites from the Website pages that take you outside our service. The Company has no control over these web sites and is not responsible or liable for the policies, actions or content of such web sites. These web sites are linked only for your convenience and your access them at your own risk. We encourage you to review the terms of service and privacy policies available at these other web sites. You represent and warrant that you will comply with the terms of service and privacy policies of such other web sites. The Company is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of or relating to any use, reference to or reliance on such information and any other dealings with such third parties.

  7. Premium Subscription: Various features of the Website including but not limited to Fundraising, Blog writing, Events hosting, creation of Groups, Jobs posting, creation of Polls & Contests, WiKi, Advertisements etc fall within the category of Premium Services and hence, are available only to the Premium Subscribers of the Website who pay the applicable subscription fee to avail of such premium features. The list of such premium services as well as the applicable subscription fee will be mentioned on the Website, and are subject to modification from time to time which will be informed to the users through the Website. The Website may at its own discretion also offer such premium services free of cost to its employees, agents, partners, a select group of users or all the users, for any period of time as it may deem appropriate.

  8. User Submittals and User Content:

    1. In connection with your use of the Applications, the Website may allow you to submit contributions, ideas, feedback, and suggestions about the Applications, including without limitation, comments, notes, messages or other related communications (collectively, the “User Submittals”). In connection with your use of the Applications, the Website may also allow you to transmit videos, photographs, data, information and other content (the “User Content”). You shall be solely responsible for your User Submittals and your User Content and the consequences of transmitting them via the Website.

    2. You retain all of your ownership rights in and to the User Submittals and the associated intellectual property rights therein. However, subject to the terms and conditions set forth herein, you hereby grant to the Website a royalty-free, perpetual, irrevocable, world-wide, non-exclusive license to use, reproduce, sub-license through multiple tiers of sublicensees, create derivative works from, modify, publish, edit, translate, distribute, and publicly perform, execute, and display the User Submittal and any related intellectual property rights in any media or medium, or any form, format, or forum now known or hereafter developed for any legal purposes whatsoever.

    3. You shall retain any ownership rights in and to the User Content and the associated intellectual property rights therein. However, subject to the terms and conditions set forth herein, you hereby grant to the Website a royalty-free, perpetual, irrevocable, world-wide, non-exclusive license to use the User Content to fulfill its obligations under this Agreement.

    4. In connection with your User Submittals and your User Content, you represent and warrant that: (i) you own or have the necessary licenses and other rights to use and authorize the Website to use the User Submittals and the User Content, and the associated patent, trademark, copyright, trade secret and other intellectual property and proprietary rights therein, in connection with the Website and this Agreement; and (ii) you have the written consent, release and/or permission of each identifiable individual person in the User Submittal and the User Content to use the name and likeness of such identifiable individual person to enable the inclusion and use of the User Submittal and the User Content via the Website in accordance with this Agreement.

    5. You acknowledge and agree that the Website is not responsible for pre-screening any User Content that is placed on or transmitted via the Website by any party other than the Website, and you shall not rely on the Website to ensure that such User Content is accurate, complete, current, or in compliance with any rule, regulation or law. The Website shall have the right, but not the obligation, to refuse, edit or remove any User Content that the Website, in its sole discretion and without prior notice, considers to be harmful, illegal, misleading, libelous or threatening material, offensive sexual, racial or gender related material, or otherwise offensive, disruptive or inappropriate material, or otherwise in violation of this Agreement.

    6. The User Submittals and User Content transmitted via the Website shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by the Website for any purpose whatsoever.

    7. The Website does not endorse any User Submittal, User Content or any opinion, recommendation or advice expressed therein.

  9. Intellectual Property And Proprietary Rights

    1. You acknowledge and agree that the Website and its suppliers own all rights, title and interest in and to the Applications and any and all copyrights, trademarks, patents, trade secrets and any other intellectual property and proprietary rights therein.

    2. The “look and feel” of the givera.org Web Applications, meaning, the structure, sequence and layout of the audiovisual components of the Applications as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, the design for which was dictated by artistic and aesthetic considerations and not by utilitarian or mechanical ones, are also proprietary to the Website and fully protected by the copyright and trademark laws.

    3. The 'givera' marks and logo, and all related product and service names, design marks and slogans are the trademarks, service marks or registered trademarks of the Company and may not be used or modified in any manner without its prior written consent.

  10. Community Guidelines: The Website is not a place for hatred, abuse, disrespect, meanness, harassment, or spam. Do not: use the Service to promote violence, degradation, subjugation, or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity; post images or videos that are sexually explicit or show people or animals being hurt or degraded; or spam our comments sections; or spam other Users with offers of goods and services or inappropriate messages. We reserve the right to remove all such contents at our own discretion and also terminate the concerned user accounts for such activities.

  11. Termination:

    1. You are solely responsible for properly canceling your account. Account cancellation requests submitted by email or phone will not be honored. In order to cancel your account, you must manually cancel your account inside of your account dashboard. Cancellations by phone or sent to any email address will not be considered valid. It is not our responsibility to ensure that your account has been cancelled if your request was made by email or phone.

    2. You agree that the Company, at its sole discretion, may terminate your access to and use of the Website, at any time and for any reason whatsoever, including without limitation, for lack of use of the Website or if the Company believes, in its sole discretion, that you have violated or acted inconsistently with the terms and conditions of this Agreement.

    3. The Website reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Applications (or any part thereof) with or without notice. You agree that the Website shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Applications.

    4. Termination may result in the forfeiture and destruction of all information associated with your account. You may terminate your account by following the instructions on the Website, but we may retain your account information after you terminate in accordance with our regulatory, accounting, and legal compliance procedures.

  12. Representations: You represent and warrant to the Website that: (i) you are at least 18 years old; (ii) in the event you are an entity, you have the full right, power and authority to enter into this Agreement on behalf of such entity; (iii) the performance by you of your obligations and duties hereunder, do not and will not violate any agreement to which you are a party or by which you are otherwise bound. You further represent and warrant to the Website that: (a) your use of the Applications complies in all respects with all applicable laws, statutes, regulations, ordinances and other rules, including without limitation, any advertising guidelines; (b) the Registration Data and any other information provided to the Website by you are truthful and accurate; (c) the Registration Data, your User Submittals and your User Content do not infringe the intellectual property or proprietary rights, including without limitation, patents, copyrights, trademarks and trade secrets, of any third party; (d) you will not submit any material that may disrupt or interfere with the hardware or software operating the Applications; and (e) you will not use the Website to submit or transmit offensive or disruptive material, including without limitation, spam, offensive sexual, racial or gender related material, defamatory, libelous or threatening material, or any other material that is unlawful, encourages criminal conduct or is otherwise inappropriate.

  13. Indemnity: You agree to indemnify, defend and hold harmless the Company, its employees, directors, officers, agents and its affiliates and suppliers from any claim or demand, including attorneys’ fees, made by any third party arising out of or resulting from this Agreement or the Applications including, but not limited to: (i) your breach of any representations, warranties or covenants set forth herein; (ii) your use of the Applications; (iii) damage caused to any third party by your User Submittals and/or User Content, or (iv) your violation of any rights of any third party, including without limitation, any trademark, copyright, patent, trade secret or other intellectual property or proprietary rights. The provisions of this Section shall survive the termination of this Agreement and your access to the Website.

  14. Disclaimer of Warranties

    1. The Website has no fiduciary duty to you. The services on the website are provided on an “as is” and “as available” basis, and you agree that your use of the Website shall be at your sole risk.

    2. To the maximum extent permitted by law, the Company, its partners and suppliers disclaim all warranties of any kind, either express, implied, statutory or common law, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, data accuracy, title and non-infringement.

    3. The Company, its partners and suppliers do not warrant that the Website will meet your requirements or needs, or that the Website will operate uninterrupted or error-free, or that the quality of any content, products, services, information, or other material obtained by you through the Website or it Applications will meet your expectations, or that any errors or defects in the Website or its Applications will be corrected.

    4. Any material downloaded or otherwise obtained by you through the use of the Website is obtained at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data or personal injury or property damage that results from the downloading of any such material.

  15. No Liabilities

    1. You expressly understand and agree that the Company, its officers, employees, agents, affiliates and suppliers shall not be liable to you or any third party for any direct, indirect, incidental, special, punitive consequential or exemplary damages including, but not limited to, damages for loss of profits, goodwill, personal injury, property damage, use, data, content, user submittals or other intangible losses, even if the company, its officers, employees, agents, affiliates and/or suppliers have been advised of the possibility of such damages.

    2. The Website or its payment processing partner 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 preset limit mutually agreed by the payment processing partner with their acquiring bank from time to time.

  16. Copyright Infringement Notification: If you believe that you have any right, title or interest in or to any materials or other information, including without limitation, User Submittals, User Content, data, images, video or any other information, and/or any intellectual property rights thereof (the “IP”), that is located within the Applications without your prior consent, please provide to the Website the following: (i) a description of such IP; (ii) details of where such IP is located within the Applications; (iii) your name, address, telephone number and email address; and (iv) a statement executed by you that the information provided regarding such IP is truthful and accurate, that you have right, title or interest in or to such IP, and that you have a good faith belief that such IP is located within the Applications without your prior consent.

  17. Governing Law:

    1. The website is controlled by the company from the city of Bangalore within the state of Karnataka in India, although the website and the applications may be accessed and used throughout the world.

    2. By accessing the website, you and the company each agree that this agreement and the relationship between you and the website shall be governed by the local laws of the state of Karnataka of India, without regard to its conflict of law provisions.

    3. Those who access or use the website do so at their own volition and are entirely responsible for compliance with the local laws of the state of Karnataka of India.

    4. Unless otherwise explicitly stated, all materials found on the service are solely directed to individuals, companies, or other entities located in India.

    5. You and the company agree to submit to the exclusive jurisdiction and venue of the state and/or courts located within the city of Bangalore, Karnataka, India with respect to any dispute related to this agreement.

    6. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

  18. Order of Precedence: This Agreement governs your use of the Website and access to the Applications. This Agreement does not modify, alter or amend any other agreement you have entered or will enter into with the Company or any of its related or affiliated entities. To the extent that any provision of this Agreement or any supplemental agreement offered as any part of any registration for use of additional Applications, conflicts with any provision of your other agreements with the Company or any of its related or affiliated entities, the terms of such other agreement shall, as to the subject matter of that other agreement, take precedence over the conflicting terms of this Agreement.

  19. Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Website without restriction.

  20. Force Majeure: The Company shall not be deemed to be in breach of the Agreement and thereby liable to you or any third party for any failure or delays in the performance of any of its obligations caused by fire, explosion, act of God, strikes, war, riot, government regulation, bandwidth limitations, Internet connectivity, or act or any other cause beyond the reasonable control of the Company.

  21. Validity Period of Claims: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website must be filed within one (1) month after such claim or cause of action arose, or be forever barred. Technical support is only available via email and the support email address is admin@givera.org.

  22. Changes in Policy: The Company reserves the right, at any time and at its sole discretion, to update, revise or otherwise modify the terms and conditions of the Agreement without notice to you. So please review the policies frequently. If a material change is made, the Website may notify you in the Service, by email, by means of a notice on our home page, or other places we think appropriate. A "material change" will be determined at the Company's sole discretion, in good faith, and using common sense and reasonable judgment. Your continued use of the Website constitutes your agreement to the terms and conditions of the revised Agreement.

  23. Entire Agreement/Severability: If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The Company's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

  24. Contacting Us: If you have any questions about this Agreement, or any question or problem regarding the Website, please contact us by sending an email to admin@givera.org.

 

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SECTION B: PRIVACY & SECURITY POLICY

 

  1. General: The Company respects your privacy, recognizes your need for appropriate protection and management of your personal identifiable information that you share with us, and is committed to protecting it. The Company has established this Privacy & Security Policy to inform you of our policies and practices regarding how we collect information from you, how we use and disclose it, and your rights with respect to such information.

  2. Personal Identifiable Information: The Website may collect personal identifiable information about you whenever you interact with us including, but not limited to, the following:

    1. Personal information, e.g., your name, email address, location, age, gender that we collect from you from applications, registrations and other forms;

    2. Your billing address and credit card;

    3. Information about your transactions with us, our business partners and our suppliers;

    4. Information we collect about you from your web-based social media services accounts with other third parties, including without limitation, such as Facebook, Twitter and LinkedIn, which you have authorized us to access to provide certain products and services to you;

    5. Information we collect from a consumer reporting agency; and

    6. Information we receive from our server logs from your browser, including your IP address, cookie information and the pages you requested.

  3. Exceptions to Definition: Please note that any of your personal identifiable information or any of the personal identifiable information of any third party posted for public viewing at your direction is not considered personally identifiable information.

  4. Use of Collected Information: The Website uses collected information for the following general purposes: products and services provision, billing, identification and authentication, customer service and support, communication with you, sending promotional e-mails and information about our company, internal marketing and promotions, services improvement, contact, and research.

  5. Privacy – Rules & Exceptions: The information we collect is not shared with or sold to other organizations for commercial purposes, except to provide products or services you've requested, when we have your permission, or under the following circumstances:

    1. It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service, or as otherwise required by law;

    2. We transfer information about you if the Website is acquired by or merged with another company or in special circumstances, such as the bankruptcy of the Company. In such events, the Company will notify you before information about you is transferred and becomes subject to a different privacy policy;

    3. We share information with our business partners, suppliers and other third parties that help us to provide processing of payments and various other products and services to you, including without limitation, your connection to web-based social media services such as Facebook, Twitter and Linkedin;

    4. When we believe in good faith that it is required or permitted by law; and

    5. When you have consented to such disclosure.

  6. Your Ownership of Data: The Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website. Although the Company owns the code, databases, and all rights to the Website and the Applications, you retain all rights to your data.

  7. Use of Cookies: Cookies are data text files that a web site transfers to a visitor's computer for record-keeping purposes. Cookies facilitate and customize your visit by saving your preferences while tracking information about your visit to a web site. We use the data collected by cookies to retrieve certain information previously provided by you and to help us provide our visitors with a better experience at the Website. Many improvements and updates to the Website are based on the data collected by cookies. Information that we track with cookies includes, without limitation, the total number of visitors and pages viewed and which areas of the Website you visited. Although most browsers are initially set up to accept cookies, you can reset your browser preferences to indicate when a cookie is being sent or to refuse all cookies. However, note that if you refuse cookies, you may have difficulty accessing cookie-enabled services available at the Website.

  8. Opting out and other rights: To keep you in control of your personal identifiable information and the communications directed to you, we allow you to edit your marketing preferences and/or to opt out of receiving communications from the Website. We provide you with the opportunity to access, review and correct your personal identifiable information. You may contact us regarding any inquiry or request concerning such rights by sending an email to admin@givera.org. The Company reserves the right to send you certain communications relating to the Website that are considered part of your account, such as notifying you of changes to the Website and customer service purposes, without offering you the opportunity to opt out of receiving them. If you are accessing the Website from countries outside India whose laws regarding personal data protection differ from those of India, through your continued use of the website, you acknowledge that you are transferring your personal information and you consent to such transfer.

  9. Links to other sites: Visitors to the Website should be aware that when they are on the Website, they could be directed to other web sites that are beyond our control. There are several links to other web sites from the pages on the Website that take you outside our service. Many of these other web sites may send their own cookies to users, collect data, or solicit personal information. The Website has no control over these web sites or how they collect, distribute or otherwise use any personal information, and we do not guaranty the security of any information that you may disclose. The Company is not responsible or liable for the policies, actions or content of such web sites. These web sites are linked only for your convenience and you access them at your own risk. We encourage you to review the terms of service and privacy policies available at these other web sites.

  10. Security: The Company takes great care in providing secure transmission of your information over the Internet. Even though we strive to protect your personal identifiable information, no data transmission over the Internet can be guaranteed to be 100% secure. The Website cannot ensure and does not warrant the security of any information that you transmit to us, which you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems. The Website uses encryption and security software to secure all sensitive information, including without limitation, credit card numbers, that is transmitted to us over the Internet. Credit card numbers are used for processing payments and for no other purposes. To access and use certain online services on the Website, we may require you to select a unique username and password. We encourage you to protect against unauthorized access to your password and computer. To further prevent such unauthorized access, you should signoff when you have finished accessing or using the Website or using your computer.

 

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SECTION C: FUNDRAISING TERMS

 

  1. 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."

  2. 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:

    1. 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;

    2. does not generate contributions and contributors for a campaign, nor does it guarantee that the target funds of a campaign will be raised fully;

    3. 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;

    4. does not represent that Contributions will be used as described in the Campaign. Contributors use the online fundraising service at their own risk;

    5. 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;

  1. Eligibility to Use the Fundraising Application:

    1. Legal Entity: You will be required to designate the legal entity to which funds will be directed.

    2. 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.

    3. 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.

    4. 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.

    5. 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.

  1. Member Content:

    1. 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").

    2. The Campaign Owners are solely responsible for sourcing all Member Content and for creating the campaign within the format provided on the Website.

    3. 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.

    4. 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.

    5. 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.

  2. Campaign Submission, Evaluation, Approval and Rejection:

    1. 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.

    2. 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.

    3. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. Campaign Owner's Responsibilities:

    1. 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.

    2. You will respond promptly and truthfully to all questions posed to you through or by the Website.

    3. 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.

    4. 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.

    5. 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.

    6. 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.

    7. 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.

    8. 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.

    9. 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.

  8. Contributor's Responsibilities:

    1. You must be a registered user on the Website with an active account and a completed member profile.

    2. 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.

    3. You acknowledge that your Contributions are voluntary, and not made for any monetary/non-monetary gains.

    4. 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.

    5. 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.

    6. 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.

    7. You are solely responsible for determining how to treat your Contribution for tax purposes.

  9. 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.

  10. Fees and Payments:

    1. 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.

    2. 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.

    3. 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.

    4. We remit the net contribution amount after levying the remittance fee within 15 working days of the expiry of the Campaign.

    5. The remittance fee is chargeable both in the case of remittance to the Campaign Owners as well as for processing refunds to the Contributors.

    6. 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.

    7. All payments are only made in Indian Rupees to Indian bank accounts through NEFT or check.

  11. Refunds: 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.

  12. Disputes between Campaign Owners and Contributors: The Website is not responsible for resolving disputes between Campaign Owners and Contributors. In the event of any dispute, such as a Campaign Owner's alleged failure to comply with the Terms of Use. we may provide the Campaign Owner's contact information to the Contributor so that the two parties may resolve their dispute on their own.

 

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SECTION D: REFUNDS POLICY

 

  1. If a Premium Subscriber decides not to continue with the premium membership, then for the remaining full months of unutilized premium subscription, pro-rata refunds will be made to the user by the Website.

  2. There will be no refunds or credits for setup fees or partial months of unutilized service.

  3. There will be no refunds made where the user decides to terminate a paid service before its scheduled expiry date, e.g., a Job posted by the user.

  4. There will be no refunds if any paid service on the Website has been terminated by the Company in accordance with the terms of this Agreement.

  5. In order to treat everyone equally, no exceptions will be made.

  6. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties as applicable from time to time.

  7. With respect to the Fundraising campaigns:

    1. The Website does not make refunds to the Contributors even if the Campaign fails to raise the target amount.

    2. 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 (as outlined in Section C) – 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.

  8. All refund claims must be made when the user account is open and active. No refund claims shall be entertained with respect to an account which has already been closed either by the user or by the Website in accordance with the terms of this Agreement.

  9. All refunds are only made in Indian Rupees to Indian bank accounts through a NEFT, cheque or charge reversal in the user's Indian card account that was originally used to make the payment on the Website. 

 

GENERAL INFORMATION

 

This Agreement, together with all the four sections (A to D) constitutes the entire agreement between you and the Company with respect to the subject matter herein and governs your use of the Website, superseding any prior agreements between you and the Company; but this Agreement may be supplemented by any other agreement you enter into with the Company pursuant to your participation in other features of the Website. This Agreement shall inure to the benefit of each party’s successors and assigns.

By using the Website, you acknowledge and agree to ALL the above terms and conditions of the Agreement. If you do not agree, then you are advised not to use the Website. 

 

Effective Date: Jan 4, 2016.

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