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 on hansadwanifoundation.org.
Any contribution on hansadwanifoundation.org, by an individual, should not be construed as an investment in any form whatsoever.
1. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
3. The domain name www.hansadwanifoundation.org (hereinafter referred to as “Website”) is licensed for use by Hansadwani Foundation Online Ventures Private Limited, an Indian Company, duly incorporated under the Indian Companies Act, 1956, with its registered office at GB-4, Virwani Industrial estate, Off Western Express Highway, Goregoan East, Mumbai -400063 India. Hansadwani Foundation Online Ventures Inc, duly incorporated under General Corporation Law of Delaware is wholly owned subsidiary of Hansadwani Foundation Online Ventures Private Limited (hereinafter both collectively referred to as “Hansadwani Foundation”).
4. Your use of the Website and services and tools are governed by the following terms and conditions as mentioned herein as applicable to the Website including the applicable policies, which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Hansadwani Foundation Online Ventures Private Limited and Hansadwani Foundation Online Ventures Inc and these terms and conditions including the policies constitute Your binding obligations, with Hansadwani Foundation.
1. Services of Hansadwani Foundation
(i) Hansadwani Foundation is a marketing service provider and the Website merely provides platform services which can be utilized by Users (being Donors / Contributors and Campaigner) and persons browsing / visiting the Website to reach a larger base of people, organizations and causes. Hansadwani Foundation is only providing a platform for communication and it is agreed that the transactions whether gratuitous or otherwise shall always be bipartite between the Donor / Contributor and the Campaigner.
(ii) The Website is a platform that Donors utilize to meet and interact with various Campaigner and the representatives of several non-profit organizations in India based on the representations of the campaigns started by such person(s) and/or a cause supported by such Campaigner and Non Profit Organisations in India, enter into transactions for making contributions or sharing information. All information provided about the campaigns, is that which is provided by the respective campaigner initiating the campaign and the non- profit organizations in India for which/on behalf of who the campaigns have been started to raise funds.
(iii) The User acknowledges that Hansadwani Foundation is only a marketing service provider and Hansadwani Foundation makes does not verify the bona fides and genuineness of campaigns, Hansadwani Foundation cannot and does not verify specific data provided by Campaigner. Therefore, Hansadwani Foundation shall not in any manner be responsible or held accountable for any transaction between the Users.
(iv) Hansadwani Foundation has limited control over all campaigns and information listed and / or advertised on the Website the Campaign generated information and is merely an intermediary and does not interfere in the transaction between Donors / Contributors and Campaigner.
(v) It is hereby clarified that at no time shall Hansadwani Foundation hold any right, title or interest over the funds or rewards (except to the extent as stated herein) or have any obligations or liabilities in respect of such providing the same to the Donor / Contributor. Hansadwani Foundation is not responsible for unsatisfactory or delayed performance of the campaign by the Campaigner.
2. Eligibility of the User (as defined here in below)
(i) Use of the Site/Website is available only to persons who can form 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 etc. are not eligible to use the Site/Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member on Hansadwani Foundation and shall not transact directly (either contribute or campaign to receive donations / contributions) or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian, parents or through an organization / NGO competent to Contract on the Website. Hansadwani Foundation reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Hansadwani Foundation’s notice or if it is discovered that you are under the age of 18 years.
(ii) A Campaigner is bound and legally liable to to provide accurate, true and correct information in respect of the details of the cause for which the campaign is hosted for and raising funds on our Website.
(iii) A Campaigner shall ensure that the description of the campaign must not be misleading and must describe need and use of the funds to be raised. Hansadwani Foundation reserves the right to delete your campaign if it is brought to the notice of Hansadwani Foundation that the information provided by you is false, does not depict the true nature of the campaign or is misleading in any manner.
(iv) A Campaigner shall ensure that the information and the Fundraiser do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Campaign listings may only include text descriptions, graphics and pictures that describe your campaign and the need and the use of the funds raised. If any rewards or promotions are being offered to the donors / contributors, you acknowledge the same if products, shall be kept in stock by you and if services personal or otherwise are fulfilled by you.
(v) It shall at all times be the responsibility of the Campaigner to furnish the Donor with accurate progress report and any other information that may be required by the Donor to track the utlization of the funds donated by the Donor to the Campaigner via Hansadwani Foundation.
(vi) You further agree that by listing your campaign on the Website, you shall at all times abide by various laws applicable to You including but not limited to the Income Tax Act, 1961, the Foreign Contributions Regulation Act, 2010, the Information Technology Act, 2000 as well as all rules and regulations made under the respective laws and as amended from time to time.
1. Any person who fulfills the eligibility criteria set out in clause B above shall be permitted to donate an amount higher than Rs. 100 or USD 10 in value to any campaign started/listed on the Website by any of the Campaigner (“Donor”).
2. The Donor hereby agrees to make the payments for any campaign as per the terms and conditions stated herein.
3. The Donor further agrees and declares that the Donor is aware that Hansadwani Foundation has no responsibility to verify the accuracy of any statement and/or information furnished by the Campaigner with respect to any campaign pursuant to which the Donor has donated moneys(s) for any campaign via Hansadwani Foundation on the Website.
4. The donor will be sent timely updates about the progress/status of the fundraiser from both the campaigner and Hansadwani Foundation via SMS and email. In case one wants to opt out of this service, they need to log into their Hansadwani Foundation profile and disable the communications for that campaign.
5. The Donor shall conduct their independent due diligence with respect to any information/campaign listed by a Campaigner (which includes the non- profit organization in India) before making any donations on the Website as Hansadwani Foundation shall not be responsible in any manner for any misrepresentation and/or false information that may be listed on the Website.
6. For every fundraiser that raises funds on Hansadwani Foundation, the system runs a thorough and in-depth check on the legitimacy of each donor’s profile. In case of intimation of donations coming in from fraudulent sources, the compliance team holds the right to refund the transactions.
7. In the event a campaign is listed by any person on behalf of a non –profit organization in India, the Donor shall approach only the particular non- profit organization in India for which the Donor has donated the money to track the utilization of the funds or any other information that may be required by the Donor. The Donor hereby agrees and declares that the Donor is aware that Hansadwani Foundation shall at no point of time be held answerable or accountable for any money(s) once the funds donated have been handed over to the non-profit organization in respect of which donations have been made.
8. Impact Coupons – User needs to log onto hansadwanifoundation.org, where the person can browse all campaigns on Hansadwani Foundation and contribute INR 100 to any one campaign without paying anything using this coupon. User needs to be logged in via Facebook and can be used only once per user. Multiple usage by the same account will not be allowed.
5. User Account and Registration Obligations
(i) When You use the Website or send emails or other data, information or communication to Hansadwani Foundation, You agree and understand that You are communicating with Hansadwani Foundation through electronic records and You consent to receive communications via electronic records from Hansadwani Foundation periodically and as and when required. Hansadwani Foundation may communicate with You by email or by such other mode of communication, electronic or otherwise.
7. Platform for Information, Communication and Transaction
(i) The Website is a platform that Donors utilize to meet and interact with various Campaigner and the representatives of several Non Profit Organizations in India based on the representations of the campaign started by such person(s) and/or a cause supported by such Campaigner and Non Profit Organizations in India, enter into transactions for making contributions or sharing information. All information provided about the campaigns, is that which various Campaigner provide.
(ii) The User acknowledges that Hansadwani Foundation is only a marketing service provider and Hansadwani Foundation does not verify the bona fides and genuineness of campaigns, Hansadwani Foundation cannot and does not verify specific data provided by Campaigner. Therefore, Hansadwani Foundation shall not in any manner be responsible or held accountable for any transaction between the Users.and the campaign.
(iii) All commercial/contractual terms are offered by and agreed to between the Campaigner and Donors / Contributors alone. The commercial/contractual terms include without limitation the representations made by the Campaigner including, amounts to be raised, use of the funds raised, costs incurred, payment methods, payment terms, warranties related to the final use of the funds, the effectiveness of the utilization of the funds, the impact of the campaign, the rewards offered by the Campaigner and the contributions made by the Users. Hansadwani Foundation does not have any control or does not determine or advise or in any way involve itself in either determining any details of the campaign or the offers of Campaigner or acceptance of such commercial/contractual terms between the Donors / Contributors and the Campaigner.
(iv) Hansadwani Foundation does not make any representation or Warranty as to specifics (such as final utilization of funds, value, impact, rewards, etc.) of the campaigns on the Website other than those representations that are expressly made for individual campaigns. Notwithstanding any representations made, Users are free to independently verify the veracity of any statement made on the Website. Hansadwani Foundation does not implicitly or explicitly support or endorse any of the campaigns on the Website. Hansadwani Foundation accepts no liability for any errors or omissions, whether on behalf of itself or any of the Campaigner.
(v) Hansadwani Foundation is not responsible for any non-performance or under-performance of any of the commitments made by the Campaigner or for any contractual obligations (E.g. Rewards) entered into between Contributors and the Campaigner. Hansadwani Foundation cannot and does not guarantee that the concerned Campaigner will perform any commitment concluded on the Website. The Campaigner shall at all times be responsible for and ensure that the performance of the Rewards offered by them, in the event of any failure of the fulfillment of the obligations of the Campaigner, the same shall be settled between the parties directly and Hansadwani Foundation shall not be held responsible for any such default/non performance of the obligations of the Campaigner and at no time shall Hansadwani Foundation be required to mediate or resolve any dispute or disagreement between Contributors and Campaigner. However, Hansadwani Foundation does welcome feedback as well as grievances of Users to be brought to its attention so that it may take steps that it deems appropriate for improvement of the User experience on the Website
(vi) Hansadwani Foundation does not make any representation or warranty as to the campaign specifics (such as the eventual impact, use of funds, efficiency of Campaigner, etc) of any of its Campaigner. You are advised to independently verify the bona fides of any particular Campaigner that you choose to donate or contribute to, on the Website and use your best judgment in that behalf.
(i) Hansadwani Foundation does not charge any fee for browsing on the Website. Hansadwani Foundation’s charges are limited to the facilitation fee (including platform / collection fees and transactional charges)which is charged to the beneficiaries of the funds raised on Hansadwani Foundation on the terms and conditions agreed to between Hansadwani Foundation and the beneficiaries of the funds independently. Hansadwani Foundation reserves the right to change its Fee Policy from time to time. In particular, Hansadwani Foundation may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Hansadwani Foundation reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.
(iii) Hansadwani Foundation runs advertising campaigns on behalf of its campaigners for which its also deducts the full advertising expense other than the Hansadwani Foundation facilitation fee before transferring the funds to the beneficiary
9. General Rules for the Use of the Website
You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
(i) You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(m) contains a video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) engages in commercial activities and/or sales without our prior express and written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Website;
(p) solicits gambling or engages in any gambling activity which Hansadwani Foundation, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another user’s use and enjoyment of the Website or any other individual’s user and enjoyment of similar services;
(s) Harms minors in any way;
(t) Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(u) Violates any law for the time being in force;
(v) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) Impersonates another person;
(x) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(ii) You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
(iii) You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
(iv) You shall not probe, scan or test the vulnerability of the Website or any network, neither connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
(v) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Hansadwani Foundation or the brand name or domain name used by Hansadwani Foundation, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Hansadwani Foundation on any platform or otherwise tarnish or dilute any of Hansadwani Foundation’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Hansadwani Foundation systems or networks, or any systems or networks connected to Hansadwani Foundation.
(vi) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
(vii) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
(ix) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws (specifically the Foreign Contribution Regulation Act, 2010 and the rules made thereunder), Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. Further, no donation or contribution either for reward or otherwise shall be made for any reason or as consideration for any transaction other that which is the subject of the campaign and in no event shall any donation or contribution be used for any purpose that is considered unlawful or against public policy as per the applicable laws in India.
(xi) From time to time, You shall be responsible for providing information relating to the donations / contributions made by you and required to be disclosed under applicable laws. In this connection, You undertake that all such information shall be accurate in all respects and that only You shall be solely responsible for any incorrect or knowingly false information provided by You.
(xiv) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
(xv) It is possible that other Users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
(xvi) Hansadwani Foundation shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
(xvii) hansadwanifoundation.org (“Hansadwani Foundation,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.hansadwanifoundation.org (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will notify you, either through the Services user interface, in an email notification or through other reasonable means, and unless otherwise stated, Hansadwani Foundation may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, and postings on the Site. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that (i) changes addressing new functions of the Services or changes made for legal reasons will be effective immediately, and (ii) changes or modifications to the provisions therein. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Finally, we encourage you, particularly if you intend to donate to a Hansadwani Foundation campaign, to review the Fees section of these Terms of Service.
(xviii) Services Description: The Services are offered as a platform (the “Platform”) to users of the Services, which may include Campaign Organizers (interchangeably used with “Campaigners”) and Donors (each defined herein) and other registered users of the Services (which may include users who simply “like” Campaigns or otherwise interact with the Site or Services). Among other features, the Services are designed to allow a user (a “Campaign Organizer”) to post a fundraising campaign (“Campaign”) to the Platform to accept monetary donations (“Donations”) from those registered users wishing to contribute funds to the Campaign (“Donors”). For purposes hereof, the term “Campaign Organizer” shall also be deemed to include any individual(s) designated as a beneficiary of a Campaign. Although there are no fees to set up a Campaign, a percentage of each Donation will be charged as fees for our Services and those of our third party payment processors. Please see our Pricing section for details.
The Services are a Platform; We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. Hansadwani Foundation facilitates the Donation transaction between Campaigners and Donors, but is not a party to any agreement between a Campaigner and a Donor, or between any user and a Charity. Hansadwani Foundation is not a broker, agent, financial institution, creditor or insurer for any user. Hansadwani Foundation has no control over the conduct of, or any information provided by a Campaigner or a Charity, and Hansadwani Foundation hereby disclaims all liability in this regard. Anyone is free to report issues related to a Campaign on Hansadwani Foundation, and Hansadwani Foundation will take necessary action to the best of its abilities.
Hansadwani Foundation does not guarantee that a Campaign or a Charity will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, Campaigner, or Charity, and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign, Campaigner, or Charity. You can write to us for any clarification, and we shall make our best effort to share the information that we have.
While we try our best to do so, we cannot and do not verify 100% of the information that Campaigners supply. We try our best to see that Donations are used in accordance with the stated fundraising purpose; we also collect documents before disbursing Donations to the Campaigner in many cases. However, please understand that we cannot guarantee that 100% of the time Donations will be used in accordance with any fundraising purpose prescribed by a Campaigner or Charity. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws, and such responsibility rests solely with the Campaigner or Charity, as applicable. While we have no legal obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we try to do the verifications for many campaigns and more important we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Campaigner or Charity is not raising or using the funds for their stated purpose, please use the “Report” button on the Campaign to alert our team of this potential issue and we will investigate to the best of our abilities.
You, as a Campaigner, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud or deceive any user; and (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post; and (iii) you will comply with all relevant local, state, and Union laws applicable to you when you solicit funds, particularly but not limited to laws relating to your marketing and solicitation for your project. We reserve the right to provide information relating to your Campaign with donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation.
The terms and conditions that apply to a Campaign Organiser (Campaigner) are:
You are solely responsible for utilizing the funds for the Purpose mentioned in our fund-raising page. Hansadwani Foundation is not responsible in any way whatsoever towards the end utilization of funds.
This fund-raising page on the Platform will be available to the general public for contributions from the time you published the page on the Platform, and if your campaign is not rejected by Hansadwani Foundation. You may or may not be able to raise the targeted amount in the designated period. Hansadwani Foundation can reject your fundraiser for inappropriate or insufficient content, at its sole discretion.
Hansadwani Foundation will not be responsible in any way whatsoever on the amount of contributions received. It will be your sole responsibility to address any query on objection, from a donor, in regards to utilisation of funds.
Hansadwani Foundation will collect contributions online, and will send the contributions to your designated bank account upon completion of statutory verification. You can raise withdrawal requests post approval of the campaign by Hansadwani Foundation. Hansadwani Foundation will process fund transfer, post receipt of your withdrawal request.
You understand that Hansadwani Foundation or its affiliates do not own the funds. At the time of transfer of funds, you will receive contributions net of Hansadwani Foundation Fees, Payment Gateway Fees, applicable taxes, or any other fees mutually agreed upon between you and Hansadwani Foundation. For a check, please look at the fees in our Pricing Page.
In case of contributions outside India, You agree that you have the necessary regulatory permissions to receive such funds, Such permissions include but are not limited to the Foreign Contributions Regulation Act, 2010 (FCRA), and others mandated my regulatory authorities.
If you are an organization, eligible to issue tax deduction certificates to your donors, Hansadwani Foundation will facilitate the process through its proprietary software application on your behalf. However, it is your sole responsibility to ensure that you have the necessary approvals and certificates to issue such tax-deductible receipts to your donors. Hansadwani Foundation will not have any liability, in any form whatsoever, in this regard.
You hereby indemnify and agree to keep indemnified and hold safe and harmless Hansadwani Foundation, its Directors, employees and agents against all such liabilities or claims and also against any loss or damage that may arise on the Party, its Directors, employees and agents on account of acts of omission, utilization of funds by us on anything other than the stated Purpose, lack of necessary regulatory approvals for receipt of funds in any form or for carrying out the activities required for execution of the Purpose. The indemnities if any shall survive beyond the period of the Agreement. Please read details of the indemnities in a section below in this page.
In no event will the Company be liable for any indirect, incidental or consequential damages (including loss of profit or business), howsoever arising, whether under contract, tort or otherwise, even if informed of the possibility of the same.
10. Contents Posted on Site
11. Limited License
(i) Hansadwani Foundation grants Campaigner’s a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “Funds raised through Hansadwani Foundation”, “Powered by Hansadwani Foundation” and/or “via Hansadwani Foundation” name and/or logo on Campaigner’ invoice / certificate of donation for transactions concluded on the Website. Further, Hansadwani Foundation grants Campaigner a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “hansadwanifoundation.org” name and/or logo on stationery used by the Campaigner for delivery of Communications / Receipts / Certificates, etc. provided on the Website.
12. Linked Websites / APIs/Social Networking Sites
(i) Hansadwani Foundation does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using the Website’s APIs or otherwise. In addition, Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, Hansadwani Foundation assumes no responsibility for examining or evaluating the products and services or generally information offered by them. Hansadwani Foundation does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Hansadwani Foundation does not endorse, in any way, any third party website(s) or content thereof.
The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. Hansadwani Foundation has no control over such sites, services and resources and Hansadwani Foundation is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that Hansadwani Foundation will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Hansadwani Foundation is not liable for any loss or claim that you may have against any such third party.
In addition, Hansadwani Foundation is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Hansadwani Foundation is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Hansadwani Foundation enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
14. Disclaimer of Warranties and Liability
(i) This Website, all the materials and information (including but not limited to campaigns) and services, included or otherwise made available to You through this site are provided on a “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Hansadwani Foundation does not warrant that:
This Website will be constantly available, or available at all; or
The information on this Website is complete, true, accurate or non-misleading save and except as provided herein and which information is provided by the Campaigner themselves and none that which is provided or verified by Hansadwani Foundation.
(ii) Hansadwani Foundation will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Nothing on the Website constitutes, or is meant to constitute, advice of any kind.
(iii) You will be required to enter a valid phone number and e-mail address while making a donation / contribution on the Website. By registering Your phone number and e-mail address with us, You consent to be contacted by us and/or the Campaigner via phone calls and / or SMS notifications, in case of any reward or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS unless the same is consented to by you. unless the same is consented to by you.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Hansadwani Foundation AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Hansadwani Foundation AND ITS AFFILIATES MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
15. Financial Transaction Facility – Donors / Contributors
(i) While availing any of the payment / donation / 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 preset limit mutually agreed by You and between your “Bank/s”, or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s
(ii) All payments made towards the donations / contributions on the Website by you, shall be compulsorily in Indian Rupees acceptable in the Republic of India if you are an Indian National and using an Indian payment gateway. All payments made towards the donations / contributions on the Website by you, shall be compulsorily through the Foreign Payment Gateway if you are making payment in any currency other than INR. Website will not facilitate transaction through the Indian Payment Gateway with respect to the donations / contributions made on Website if you are not an Indian National.
(iv) You understand, accept and agree that the payment facility provided by Hansadwani Foundation 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 Hansadwani Foundation Website using the existing authorized banking infrastructure Credit Card payment gateway networks and settlement service providers. Further, by providing Payment Facility, Hansadwani Foundation is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
(v) Hansadwani Foundation reserves the right to refuse to process Transactions by Donors / Contributors with a prior history of questionable transactions including without limitation to collusion between the Donor and Campaigner to bring about a false impression or mislead other Users of the Website or breach / violation of any law or any charges imposed by Issuing Bank or breach of any policy.
(vi) Hansadwani Foundation may delay notifying the payment / transaction confirmation i.e. informing Campaigner, if Hansadwani Foundation deems suspicious. In addition, Hansadwani Foundation may hold transaction price / amount and inform law enforcement officials (instead of refunding the same to Donor) at the request of law enforcement officials or in the event the Donor / Contributor or Campaigner for that matter, is engaged in any form of illegal activity.
(vii) The Donor / Contributor acknowledge that Hansadwani Foundation will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction / Transaction Price or any delay in processing a Transaction / Transaction Price which is beyond control of Hansadwani Foundation.
(viii) Hansadwani Foundation shall make payments, net of its costs, charges and fees into the bank account provided by the Campaigner during Campaigner Registration process. Once Hansadwani Foundation has made payments into such bank account number Hansadwani Foundation shall be discharged of any/all liability towards the Campaigner and contributors/donors and the Campaigner, donors, contributors shall not be eligible for any claims and/or refunds thereof.
16. Financial Transaction Facility – Campaigner
(i) You, as a Campaigner, shall be required to register yourself with Hansadwani Foundation and provide Hansadwani Foundation with all the necessary information as may be deemed by Hansadwani Foundation 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, fulfill the commitments made to the Donor / Contributor in the manner as detailed in the Campaign and in a timely manner. Hansadwani Foundation may seek information regarding the use of the funds raised by the Campaigner even after the Campaign has ended and provide the details to the Donors / Contributors.
(ii) The funds collected towards each Campaign shall be transferred to you (net of Hansadwani Foundation Fees, payment gateway charges and applicable taxes) as per the details provided by you after 15 days of completion of the Campaign or as per withdrawal request. If at any time either during or after the Campaign, You are unable to fulfill your commitments, or out of requirement under law, you shall return the money to the Donor / Contributor within a timely manner.
(iii) Remittances to the Campaigner for their successful transactions under Payment Facility excluding Cheque Payments transactions would be in compliance with directions issued by Reserve Bank of India for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009 (“RBI Intermediary Guidelines”). Remittance to the Campaigner for Cheque Donations / Contributions shall be made through Cheque/ Demand Draft or Online Bank Transfer to Campaigner Bank A/c.
(iv) As per the above guidelines, the Campaigner expressly agrees that the next working day following the day the Campaign ends or is determined, shall be deemed to be the day that the transaction between the Donor / Contributor is completed. Hansadwani Foundation shall settle all amounts net of its fees to the accounts of the Campaigner in accordance with the rules set out by the Reserve Bank of India in the Intermediary Guidelines.
(v) If for any reason there is a chargeback on a transaction/donation to Hansadwani Foundation and if the funds are already transferred by Hansadwani Foundation to the campaigner/beneficiary the campaigner/beneficiary will be liable to refund the amount that has been chargebacked to Hansadwani Foundation.
17. Compliance with Laws:
(i) The Donor / Contributor shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 2010 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Hansadwani Foundation Website.
18. Donor’s / Contributors arrangement with Issuing Bank:
(i) All Valid Credit/Debit/Cash Card and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Donor / Contributor and the respective Issuing Bank and payment instrument issuing company.
(ii) All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank, which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between the Donor / Contributor and the respective Issuing Bank.
(i) Without limiting other remedies, we may limit Your activity, immediately remove Your information, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Website in the event, but not limited to:
If we are unable to verify or authenticate any information You provide; or
If it is believed that Your actions may cause legal liability for You, other users or us.
(i) The Campaigner shall indemnify and hold harmless Hansadwani Foundation, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, against all claim, actions, penalties, prosecution, proceedings demand losses, disputes, charges, penalty, costs and expenses including reasonable attorneys’ fees, that may arise or may be incurred by Hansadwani Foundation as consequence of any default, breach, non-observance, non performance or negligent act whatsoever by the Campaigner of any terms , conditions, stipulations, provisions and/or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party more particularly stated herein and/or in any individual agreements executed by Hansadwani Foundation and the User.
(ii) You agree to release, indemnify and hold Hansadwani Foundation and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation, any loan,any Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another.
(i) The User hereby agree and state that Hansadwani Foundation is only a service provider to enable the Non profit organizations in India and Campaigner to market/publicize/create awareness/advertise their respective cause/campaigns and Hansadwani Foundation shall in no way be responsible for the performance and/or liable for any mis-representation of any information provided by the Campaigner in any manner whatsoever and the User hereby waives his/her/their/its right to bring any action/cause/dispute against Hansadwani Foundation for any reason whatsoever.
22. Modifications and Alterations
23. Intellectual property rights
Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by Hansadwani Foundation, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Hansadwani Foundation from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Hansadwani Foundation, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Hansadwani Foundation.
The Hansadwani Foundation name and logos are trademarks and service marks of Hansadwani Foundation (collectively the “Hansadwani Foundation Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Hansadwani Foundation. Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Hansadwani Foundation Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Hansadwani Foundation Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Hansadwani Foundation be liable in any way for any content or materials of any third parties (including users and Campaign Organizers), including, but not limited to, for 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 such content. You acknowledge that Hansadwani Foundation does not pre-screen content, but that Hansadwani Foundation and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Hansadwani Foundation and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Hansadwani Foundation, in its sole discretion, to be otherwise objectionable.
User Content Transmitted Through the Services: With respect to the content, photos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading any User Content you hereby grant and will grant Hansadwani Foundation and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Hansadwani Foundation and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of Hansadwani Foundation in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Hansadwani Foundation’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to Hansadwani Foundation are non-confidential and Hansadwani Foundation will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Hansadwani Foundation may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Hansadwani Foundation, its users or the public.
Copyright Complaints: Hansadwani Foundation respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Hansadwani Foundation of your infringement claim in accordance with the procedure set forth below.
Hansadwani Foundation will process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Hansadwani Foundation’s Copyright Agent at firstname.lastname@example.org (Subject line: “Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Bangalore, Karnataka, India and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, Hansadwani Foundation will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Hansadwani Foundation has adopted a policy of terminating, in appropriate circumstances and at Hansadwani Foundation’s sole discretion, users who are deemed to be repeat infringers. Hansadwani Foundation may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
24. Applicable Law & Jurisdiction
25. Dispute Resolution
(i) Any dispute involving Hansadwani Foundation, whether as a formal party or otherwise shall be resolved by Arbitration of a sole Arbitrator appointed by Hansadwani Foundation and in accordance with the Indian Arbitration and Conciliation Act, 1996. The seat of Arbitration shall be in Mumbai and the language to be used in all proceedings shall be English.
(ii) Hansadwani Foundation and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
claims that may arise after the termination of this Terms of Service.
References to “Hansadwani Foundation”, “we”, “you”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Hansadwani Foundation are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Terms of Service.
26. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER Hansadwani Foundation NOR ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Hansadwani Foundation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Hansadwani Foundation’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Hansadwani Foundation IN THE LAST SIX (6) MONTHS, OR, IF GREATER, Two Thousand Indian Rupees (Rs. 2000).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
Most user concerns can be resolved quickly and to the user’s satisfaction by emailing Hansadwani Foundation support at email@example.com In the unlikely event that our user support team is unable to resolve a complaint you may have (or if Hansadwani Foundation has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in any arbitration under this arbitration provision in which you seek less than Rs. 200,000 in damages, Hansadwani Foundation will pay reasonable attorneys’ fees should you prevail. Hansadwani Foundation will not seek attorneys’ fees from you. However, if you initiate an arbitration in which you seek more than Rs. 200,000 in damages, the payment of attorneys’ fees will be governed by the applicable rules (as defined below). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
27. Anti-Money Laundering (AML) policy
We 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:
Every recipient (campaign organisers on Hansadwani Foundation) has to verify her identity per the Know Your Customer (KYC) in the guidelines. This will include verification of registered mobile number via a One Time Password (OTP), and one of the identification documents viz. Permanent Account Number, Aadhar Card Number, Passport etc. recognised by the Reserve Bank of India. The list of such registered documents will be updated on hansadwanifoundation.org site, at its sole discretion, from time to time.
The verification will be essential to withdraw funds from Hansadwani Foundation, and may be asked by Hansadwani Foundation, 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 donors in such a scenario.
Your location as reflected on your Campaign page must match your legal residence that you submit to Hansadwani Foundation when you create a withdrawal request. Campaign Owners may not create multiple Campaigns without proof of meeting fulfillment obligations from the original Campaign. Failure to adequately fulfill Campaign obligations may result in Hansadwani Foundation removing the Campaign(s) and seeking reimbursement of Campaign funds raised, including by using third-party collections services. Only the Campaign Owner shall be permitted to collect Campaign funds.
Hansadwani Foundation may attempt to verify the identity and other information provided to us by Campaign Owners, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Campaign Owner eligibility is subject to Hansadwani Foundation’s review of the fulfillment status of prior crowdfunding obligations.
Taxing authorities may classify funds raised on the Services as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. Hansadwani Foundation will ask for the personal account number / tax identification number (PAN) of Campaign Owners and any beneficiaries so that we may report taxable income to the relevant taxing authorities.
For contributors on hansadwanifoundation.org, only standard channels of payment – verified credit or debit cards, netbanking, cheque, or cash (upto limits allowed by the RBI) – will be allowed. In case of cash payments, all payments above INR 24,999 have to be furnished with the Permanent Account Number of the contributor.
Recipients (campaign organisers, whether individuals or organizations) will comply with foreign exchange rules as explained by the Foreign Exchange Management Act of the RBI & FCRA guidelines. The recipient if an individual or an non-government organization also understands that it needs to comply with FCRA guidelines by applying for an FCRA certificate and inform the Central Government in Form FC-1 within thirty days from the date of receipt of such contribution whenever applicable. This form is available on the website
The recipients acknowledge and agree that Hansadwani Foundation does not verify this information and it’s the responsibility of the recipient to procure the necessary approvals and do the necessary compliance before they withdraw the foreign funds received for the campaign. By asking to withdraw the foreign funds its understood by Hansadwani Foundation that the recipient has completed the necessary documentation.
AML policies will be updated time to time at the sole discretion of Hansadwani Foundation.
You agree that Hansadwani Foundation, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if Hansadwani Foundation believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. Hansadwani Foundation may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Hansadwani Foundation may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Hansadwani Foundation will not be liable to you or any third party for any termination of your access to the Services.
29. User disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Services and Hansadwani Foundation will have no liability or responsibility with respect thereto. Hansadwani Foundation reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
30. Payment partners offers
FAQs – About the offer
Q. What’s the offer construct?
A. Customers will get a cashback of 10% up to Rs.100, applicable once per user on paying using Amazon Pay on Hansadwani Foundation.
Q. How do I avail this cashback offer?
A. You have to go to the Hansadwani Foundation website or apps, select the service of your choice & make the payment using Amazon Pay as the payment option. No coupon codes are required.
Q. What is the offer period?
A. Offer is valid from 2nd October to 8th October 2018
Q. How many times can I avail the offer?
A. The offer can only be availed once per user during the offer period
Q. How and when will the cashback reach the customers?
A. The cashback will be credited as Amazon Pay balance within 3 working days of completing the payment
Q. Is the offer valid on both online and offline orders placed on Hansadwani Foundation?
A. Offer is valid only on online orders made on the Hansadwani Foundation website or apps using Amazon Pay
Q. What will happen if my order is cancelled partially or fully? A. This Offer will not be applicable if you, the Merchant or Amazon cancels the order fully or partially and in such a case, participation in the Offer will be deemed withdrawn. However, if you place another valid order after this during the offer period, the new order will be eligible for the cashback
Offer Terms & Conditions
1. This offer is a joint promotional initiative provided by Hansadwani Foundation (“Merchant”) and Amazon Pay (India) Private Limited (“Amazon”). “This offer is made available to you by Amazon Pay (India) Private Limited (“Amazon”) on the Website (defined below) maintained and operated by Hansadwani Foundation (“Merchant”).”
2. The Offer is valid from 2nd October 2018 to 8th October 2018 both days inclusive (“Offer Period”), unless revoked or extended by Amazon in its sole discretion, without assigning any reason, without prior notice, and without liability of any kind.
3. Under this Offer, cashback of 10% cashback up to Rs.100, Once per user on Hansadwani Foundation will be provided to each customer who:
(a) completes a transaction on the website of the Merchant at Hansadwani Foundation or its corresponding mobile application / mobile apps (collectively “Website”); and
(b) pays for such transaction using the “Amazon Pay” option available on the Website
(Each transaction meeting the aforesaid requirements being referred to as a “Qualifying Transaction”).
4. Cashback for a Qualifying Transaction will be provided in the form of Amazon Pay Balance. Amazon Pay balance is a sum of all balances associated with Amazon Gift Cards. Amazon Gift Cards are issued Qwikcilver Solutions Private Limited and are subject to the Gift Card Terms and Conditions available at http://www.amazon.in/gp/help/customer/display.html?nodeId=201522810
5. These Offer terms and conditions (“Offer Terms”) are in addition to the Gift Card Terms and Conditions. To the extent the Gift Card terms and conditions are inconsistent with these Offer Terms; these Offer Terms will prevail with respect to the Offer only.
6. Amazon reserves the right to disqualify any customer from the benefits of the Offer, at its sole discretion, if it identifies any fraudulent activity being carried out for the purpose of availing the benefits under the Offer or for any reason whatsoever.
7. This Offer cannot be combined with any other offer or promotion made available by Amazon on the Website.
8. This Offer can only be availed once by each customer. Additionally, and for the avoidance of doubt, Amazon Pay Balance will only be provided for the first Qualifying Transaction (and not for any subsequent transactions) made by the customer during the Offer Period.
9. This Offer will not be applicable if you, the Merchant or Amazon cancels the order fully or partially and in such a case, participation in the Offer will be deemed withdrawn. In case the Qualifying Transaction is cancelled after you have received the cashback, you acknowledge and agree that the appropriate cashback amount (received under the Qualifying Transaction) will be adjusted from your refund receivable amount.
10. Amazon reserves the absolute right, without prior notice, without liability, and without assigning any reason whatsoever, to add/alter/modify/change or vary any or all of these Offer Terms or to replace, wholly or in part, this Offer by another offer, whether similar to this Offer or not.
11. This Offer is valid for Indian residents only.
12. The Amazon Pay Balance will be sent to the registered email ID of the customer making the Qualifying Transaction within 3 business days of such Transaction.
Amazon Gift Cards will expire one year from the date of issuance by QwikCilver. Amazon Gift Cards cannot be used to purchase other gift cards. Amazon Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law.
13. By participating in this Offer, you expressly agree that Amazon or any of its affiliates will not be liable or responsible for any loss or damage whatsoever that you may suffer, directly or indirectly, in connection with this Offer.
14. This Offer is governed by the laws of India and any disputes arising out of or in connection with this Offer will be subject to the exclusive jurisdiction of the courts at Bangalore.
15. Availing this Offer is voluntary. Any person availing this Offer will be deemed to have accepted these Offer Terms. By availing this Offer, each customer hereby releases from liability and holds harmless Amazon and its affiliates in relation to any matters connected to this Offer including but not limited to issue(s) associated with making the Qualifying Transaction or the inability to make a transaction for any reason whatsoever.
These Terms of Service constitute the entire agreement between you and Hansadwani Foundation and govern your use of the Services, superseding any prior agreements between you and Hansadwani Foundation with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of Karnataka without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Hansadwani Foundation agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Bangalore, Karnataka. The failure of Hansadwani Foundation to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Hansadwani Foundation, but Hansadwani Foundation may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.
32. Contact Us
Please send any questions or comments regarding this Website to firstname.lastname@example.org