Welcome to the GSE Red terms and conditions. In particular, this documents covers:
- - How donations are raised and paid to your charity.
- - Our relationship with you, the retailer and the charities.
We also have separate documents that cover:
This policy was last updated on 3 April 2018.
GSE Red is owned and operated by Global Super Elite Innovations LLP ("we", "us" or "our"), a registered company in India (registration number AAJ-7852), with office at Kamla Arcade, Shivajinagar, Jangali Maharaj Road, Deccan, Pune, Maharashtra 411004
By using our website, product or services, you are accepting our terms and conditions.
These terms and conditions may change or be updated from time to time. It remains your responsibility to access and check these terms and conditions when you use GSE Red. The latest version of these terms and conditions will govern any future usage of GSE Red by you.
GSE Red provides you with a way to raise donations for charity. You may choose a specific charity to support. If you do not choose a charity, or if the charity you were supporting leaves us, then any donations raised will be distributed to a charity of our choice.
Donations are raised by shopping online with retailers listed on GSE Red.
For a donation to be allocated to your GSE Red account and to your charity, you must be logged into your account before visiting the retailer via GSE Red.
How donations are generated
GSE Red works with retailers via cause-based commercial shopping network, developed by GSE Red. The premise of cause-based commercial shopping network is that in return for sending them a customer who completes a pre-specified action on the retailer's website, the retailer pays us a honorarium.
The pre-specified action is usually making a purchase, but can also include signing up for an account, downloading their app or completing a quote. For the purposes of this document, all actions are referred to as a 'purchase'. The honorarium may be a percentage of the sale amount or a fixed amount.
Relationships between us and each retailer is usually facilitated by technologies provided by GSE Red, retailers or their associate bodies which we define as Cause-based commercial shopping network. Cause-based commercial shopping network works with retailers to provide the tracking and reporting technologies, and are responsible for the invoicing and collection of commissions owed.
Reporting and calculating donations
From the honorarium paid to us, we make a donation to the charity. We usually transfer 30-90% of the honorarium to the charities. Increased shares of the honorarium between 30% to 90% are available for charities dependent on volume of honorarium (see section:Increased charity shares of commission ).
All values we display and communicate refer to the donation portion of the honorarium. For example, if a retailer offers a honorarium rate of 5.00%, then a donation rate of 3.50% is displayed.
Donations are only added to your account once they have been reported to us by the retailer. We cannot track your purchases and cannot be held responsible if a purchase is not reported to us and therefore isn't added to your account. However we can contact the retailer to request the honorarium (see section: Unreported and incorrect donations).
Donation amounts and eligibility of donations
We list the donation rates available at each retailer, along with any terms and conditions. Whilst we endeavour to display rates and terms that are accurate and up-to-date, it is possible that the displayed rates and terms are incorrect or incomplete.
We cannot be held responsible if the reported donation amount is different to what you expect or if a donation is unexpectedly unreported or declined due to this reason.
Each retailer specifies the honorarium rates that apply. Typically, honorarium is not paid on any governmental taxes, fees or delivery charges.
Some retailers may have different honorarium rates for different products, or may have different rates for new customers as opposed to existing customers. Whether a customer is 'new' or 'existing' is dependent on your relationship as a user with the retailer and is not affected by our involvement. Whilst honorarium is normally available on all products, in some cases a retailer may have exclusions which may or may not be specified by us.
Each retailer will specify the set of rules that affect the eligibility of a donation.
Some rules are with regards to the purchase itself. A retailer may deem a purchase to be ineligible for honorarium for any of the below reasons. Further reasons may apply.
- - Fraud
- - Payment failure
- - Cancellation or return of the purchase (either fully or in part)
In addition, a retailer may have additional rules that are decided as part of their cause-based commercial shopping strategy. It is standard practice that when a purchase is made on a retailer's website, they will attribute the purchase to a single "source".
Examples of these sources can include:
- - Other companies having partnership with respective retailers directly or indirectly.
- - Other forms of internet advertising, including sponsored search engine results and banner advertisements.
- - The retailer's own marketing activities, including emails, voucher codes and social media activity.
In the case where you access the retailer via multiple sources before the purchase is completed, the retailer will decide which source the purchase is attributed to.
It is recommended that you access the retailer's website via GSE Red at the earliest opportunity, before any items have been added to your basket, and without using any of the above sources at any stage.
Sometimes, these rules will be applied at the point of purchase, meaning that the purchase will not be reported to us if the rules are not met. At other times, the rules will be applied at a later date, after the purchase has been reported to us - if the rules are not met then the donation might be 'declined'.
In some cases a retailer may only be able to report purchases that have happened on the desktop version of their website and not their mobile website.
Normally, honorarium is not eligible on purchases made through mobile apps (including apps owned and operated by the retailer). If you are using a mobile device then you should make the purchases through directly GSE Red or customised charity website (e.g. Chrome or Safari), extensions (e.g. chrome or mozilla) or app.
In all cases, the decisions made by ourselves, the retailer or the cause-based commercial shopping network are final.
Questions or disputes regarding purchases
If you have any queries about your purchase, you should contact the retailer directly and not us. Similarly, if you have any queries about your donation, then you should contact us and not the retailer.
Whilst we list retailers in good faith, we cannot be held responsible for any negative or dissatisfactory experiences you may have with them, the products or services purchased, or with services linked with your purchase such as delivery or after-sales support.
Unreported and incorrect donations
In cases where you feel that a purchase has not reported when it should have been; or it has been reported but with incorrect values; or it has been reported but subsequently incorrectly declined, then you may make a 'claim' by writing to us on email@example.com
You should not contact the retailer directly. If you choose to do so, the information they provide may be not be correct.
When submitting a claim, you are provided with a list of dates and times at which you visited each retailer using GSE Red (as opposed to the date and time of the actual purchase). You should only continue with the claim if the correct date and time are available.
You are responsible for providing the correct information. If incorrect information is provided, then your claim may be declined by us or by the retailer.
In all cases, we will endeavour to reach a positive outcome, whereby we are paid a honorarium by the retailer, from which we make a donation to the charity. However in some cases, a retailer may not be able to accept any claims at all, or they may decline your claim, for instance due to the reasons detailed in section 2.5 Donation amounts and eligibility of donations.
In all cases, the decisions made by ourselves, the retailer or the cause-based commercial shopping network are final.
Increased charity shares of honorarium
We usually pass on 30-90% of commissions earned to charity as a donation.
If a charity generates an annual level of honorarium greater than or equal to INR 10 Lakhs, they are eligible for an increased share starting at 30% and increasing to 90%, as specified in the below table:
|Level of annual honorarium (INR in lakhs)||Below 10||10 to 25||25 to 50||50 to 90||90 to 200||Over 200|
|Honorarium share to charity||30%||40%||50%||75%||85%||90%|
About charities and payments
Charities listed on GSE Red
We list charitable organisations who are fully registered with either the Charity Commission, or supporting a 'good cause'. We are also able to list Communities, Amateur Sports Clubs and Community Interest Companies (CICs).
You may choose to support any charity we list. Some charities may have similar names, descriptions or logos - it is your responsibility to select the charity you intend to select.
If at any time you wish to change your selected charity, you may do so through your account. Changing your charity does not affect any previous generated donations. We can only change the benefitting charity of a donation in exceptional circumstances.
In cases where you do not choose a charity to support, or if donations can no longer be made to your originally selected charity (see section: De-registered Charities and failed payments), then we will choose the benefitting charity at our own discretion. Typically, this will be a charity chosen as our 'charity of the month'.
Use of charity data
Charity data is often made publicly available. For example, the Charity Commission of respective state government, NGO Darpan maintained by Niti Aayog, Government of India and The National Trust maintains a public database of registered charities and contact details. We use this freely available data to create our list of supportable charities and store the information on our databases.
Subject to the terms of the data provider, we may also contact the charity using those contact details to make them aware of any funds that have been raised for them through our services, as well as any benefits, products and services that we make available to the charity sector in order to help them raise additional funds.
We only contact people on that database or those who have expressly given us permission to do so.
Payment methods and timings
Payments can only be made to charities once we have received the honorarium for a purchase in full. A retailer or its associated entities will typically first pay the honorarium to us, which will then pass to you. This process may take some weeks and we can make no guarantees regarding the length of time required. We pay the honorarium monthly to every charity.
Payments are made to charities by cheque or online transfer to charity registered bank account, subject to our payment schedule and to any minimum payment thresholds.
Fees may be applied to payments made to cover the transactional and administration costs of making the payment.
Our company does offer additional products and in some cases fees will apply, however these will only apply to the relevant portion of the payment.
Payments can only be made if we have the required bank details of the charity. Kindly provide your bank details in tab of bank details in your charity dashboard.
De-registered charities and failed payments
In cases where no bank details have previously been provided or if the a payment has failed due to incorrect details, we will endeavour to contact the charity however we cannot be held responsible if the charity is uncontactable, declines to respond, or responds but declines to provide the required bank details.
When this happens, we will continue to hold the funds for as long as we see fit in case bank details are subsequently provided, however we reserve the right to make the donation to a different charity if we decide the bank details are not going to be forthcoming.
In some cases, a charity may cease to be listed on our services - this may be because they've ceased to exist as a registered charity, or it may be at their request. Any outstanding donations will be paid to a charity of our choice.
Use of funds by charities
Each charity reserves the right to utilise the funds raised for any purpose as they see fit. The charity's decision regarding use of funds is final.
Further terms and conditions
The names GSE Red™, gsered.com, the logo and any other product and service names that we may present may not be used in connection with any product or service that is not Global Super Elite Innovations LLP, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Global Super Elite Innovations LLP or GSE Red.
Other trademarks, service marks or logos that appear on our services - including, but not limited to, those of our charity partners and associated retailers - are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of both us and the trademark owner.
All aspects of the GSE Red service are protected by copyright. All content is owned by Global Super Elite Innovations LLP, our supported charities, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws.
GSE Red, in whole or in part, is for your personal use only. You may copy content for your own personal, non-commercial use provided you do not alter it or remove any copyright, trademark or other proprietary notice. No other use of the website's content is permitted without the express prior permission of Global Super Elite Innovations LLP, and, where applicable, the copyright holder. Inquiries and permission requests may be sent to firstname.lastname@example.org
The Company grants Charity or cause owner(s)'s a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Funds raised through Global Super Elite Innovations LLP", "Powered by GSE Red" and/or "via Global Super Elite Innovations LLP" name and/or logo on Charity or cause owner(s)' invoice / certificate of donation for transactions concluded on the all the technologies provided by GSE Red. Further, the Company grants Charity or cause owner(s) a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "gsered.com" name and/or logo on stationery used by the Charity or cause owner(s) for delivery of Communications / Receipts / Certificates, etc. provided on the all the technologies provided by GSE Red.
Changes to the service
GSE Red will make every effort to ensure that its services are available continuously, but reserves the right to modify, suspend or discontinue all or any part at any time with or without notice. Unless specifically exempted, any new features, services or software applications introduced shall be subject to these Terms & Conditions.
You agree to indemnify GSE Red against any loss, liability, claim, demand, damage or expense (including legal fees) that may occur in connection with the use of this site. We take reasonable care and skill to ensure that the data provided on this site is accurate and up to date. However, we give no warranty of the accuracy of any information on the site and do not accept liability for any errors or commissions, neither do we accept liability for any resulting damage or loss.
Linking from external websites
Other websites may link to our websites (including www.gsered.com); however, it is not permitted for pages to be loaded into frames on other sites until and unless you are taking prior permission and/or using GSE Red Widget. It also not permitted for pages to be linked to from any websites that contain material which could be construed as offensive.
Links to external websites
GSE Red links to many other websites for information and as a service to our users, including the retailers’ websites, apps or technical or non-technical products. The external websites are not under our control and we are not responsible for the content of any linked site.
By listing or linking to another site, we are not making any kind of endorsement and we accept no liability in respect of the content. We do not guarantee that links will work all of the time and cannot control the availability of the linked pages.
If you deem any link inappropriate or offensive, or find any link to not work, then please let us know so that we may remove the link.
Unauthorised use of our website
If it is found that the GSE Red service is being interfered with in any way including modification of URLs, posting unauthorised URLs on public media, pages being spidered, automatic scripts or anything deemed by ourselves to be abnormal use then we may terminate your account and any donations may become voided.
To protect our retailers, any abuse of an offer may lead to transactions being revoked. Any transactions deemed to be of a suspicious nature may require verification by ourselves and/or the retailers involved, and further information on your transactions may be requested from yourself.
For this reason, we may pass on any details which you have provided in communications with the merchant and its agencies. Usernames should not be offensive nor used in any way which may represent any trademarks or brand names, be it owned by GSE Red or other entities. Where this is the case then you will be required to update this to a suitable name.
We take all reasonable effort to test material before making publically available. In the very unlikely event of any loss, disruption or damage, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur whilst using GSE Red or any material derived from our service.
The GSE Red service - including, but not limited to, our websites, browser extensions and mobile applications - are provided 'as is', without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
We do not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials.
In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of GSE Red.
Use of GSE Red is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
You may discontinue use of GSE Red at any time. These terms and conditions will continue to apply to past use by you.
Modification of agreement
We may modify any of the terms and conditions contained in this agreement, at any time and at our sole discretion for any reason. We will post the revised agreement on this website.
Our failure to enforce your strict performance of any provision of this agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this agreement.
These terms and conditions shall be governed by the laws of India. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Pune, Maharashtra. You hereby consent to the exclusive jurisdiction of the Pune courts in all disputes arising out of or relating to the use of GSE Red.
Third party rights
A person who is not a party to these terms and conditions has no right to enforce any term of this agreement.
Fund Transaction and Accountability
1. The Site offers various retailer options & payment gateway for direct donation to facilitate for direct or indirect donation of funds for charities & causes. However, it may be noted that the Site or the Company:
1. Are not the final recipients of any funds from the Retailers or Funders directly, but a service provider, which enables receipt of funds (both domestic and foreign) by charity or cause owners, who are the final recipient of funds.
2. Collects the funds in the Company bank account and transfers the funds to the charity’s or cause owner’s bank account in 30 Working days.
3. Makes refunds after deducting necessary transaction fee to the Funder.
4. Does not generate contributions and Funders for a campaign.
5. Does not guarantee that a target funds for a charity or cause will be raised fully.
6. Does not offer the platform to Users for investing in a project for the purpose of equity, loans/debt, or profit sharing.
7. Shall receive all contributions from Funder(s) (where the Funder is not an Indian citizen) via accounts or cards issued by the United States of America (“USA” ) in its registered bank account in the USA.
8. If you are an organization, eligible to issue tax deduction certificates to your donors, GSE Red will facilitate 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. GSE Red will not have any liability, in any form whatsoever, in this regard.
1. All foreign contributions shall be required to be made in strict compliance with applicable Indian laws. The Charity or cause owner(s) represents and warrants that it is aware of the Foreign Contribution Regulation Act, 1976 and its contents and is seeking contributions in full compliance with the provisions of Foreign Contribution Regulation Act, 1976. Further, the Charity or cause owner(s) covenants that it shall, at all times, remain in absolute and full compliance with the provisions of Foreign Contribution Regulation Act, 1976, in relation to the campaign.
2. For a non-governmental organization, it shall have to be registered/approved with Foreign Contribution Regulation Act, 1976 to be able to receive foreign contributions.
3. Recipients (users, whether individuals or organizations) will comply with foreign exchange rules as explained by the Foreign Exchange Management Act, 2000. Any failure to do so may result in cancellation of funds, and refund of donations, to the cancelled charity or cause owner, to respective donors.
1. Charity or cause owner(s) must bear any and all tax liabilities on the funds raised through Company / Owner / Site. These taxes may include, but are not limited to, income tax, VAT, service tax and GST applicable on the funds raised or on the procurement of rewards. Company / Owner / Site is not liable to provide any tax or legal advice to Charity or cause owner(s).
Use of funds
1. The Charity or cause owner(s) must use the funds collected through the Site solely for the project described in their description. Charity or cause owner(s) shall be liable to legal prosecution by Funders and/or Company / Owner (jointly and severally) if they are found to be using funds for any purpose other than that specified at the time of raising the funds, or other inappropriate purposes. The Site can discontinue/suspend the Charity or cause owner(s) if it gets any notification of misuse of funds or use of funds for another purpose other than the stated creative project at any time, without any notice or discussion to the Charity or cause owner(s) at the Company's sole discretion.
2. In accordance to the Prevention of Terrorism Act, 2002, GSE Red all subsequent regulations pursuant to this Act, the Charity or cause owner(s) will assure that the amount received from the Company is not made available as, either directly or indirectly to fund any act of terrorism. Where the Charity or cause owner(s), or any person acting on their behalf, breaches any of the provision of the Prevention of Terrorism Act, 2002 or of any such regulation the Company shall have the right to terminate the Contract with immediate effect and recover from the Charity or cause owner(s) the amount transferred. Further, the Company shall take such necessary actions as may be required under the applicable law including filing a criminal complaint against the concerned Charity or cause owner(s).
Anti-Money Laundering (AML) policy
1. The Owner and GSE Red technologies 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:
2. Every recipient (campaign organisers on the Site) has to verify her identity per the Know Your Customer (KYC) in the guidelines. This will include verification of email address, 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 the Site, at its sole discretion, from time to time.
3. The verification will be essential to withdraw funds from the GSE Red technologies, and may be asked by the Site, at its sole discretion, during the course of a campaign. Failure to comply, may result in cancellation of a fundraising campaign, and funds will given to charity of our choice.
4. Your location as reflected on your Campaign page must match your legal residence that you submit when you create a withdrawal request. Charity or cause owner(s) may not create multiple Campaigns without proof of meeting fulfilment obligations from the original Campaign. Failure to adequately fulfill Campaign obligations may result in the removing the Campaign(s) and seeking reimbursement of Campaign funds raised, including by using third-party collections services. Only the Charity or cause owner(s) shall be permitted to collect Campaign funds.
6. The Owner may attempt to verify the identity and other information provided to us by Charity or cause owner(s), 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. Charity or cause owner(s)’s eligibility is subject to the Owner’s review of the fulfilment status of prior crowdfunding obligations.
7. Tax authorities may classify funds raised on the Site as taxable income to the Charity or cause owner(s) and any beneficiary who will receive funds directly from the applicable Campaign. The Owner/ Site will ask for the personal account number / tax identification number (PAN) of Charity or cause owner(s) and any beneficiaries so that we may report taxable income to the relevant taxing authorities.
8. For contributors on the Site, only standard channels of payment - verified credit or debit cards, net banking, 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. Cash payments are accepted for Indian residents only.
Campaign Branding & Marketing
1. Charity or cause owner(s) must include Company / Owner / Site logo branding on all project and/or cause related marketing collaterals, whether online or offline (e.g., online banners, offline flyers) as per Company / Owner / Site brand and logo guidelines.
Rights of the GSE Red
1. It shall have the right to:
1. Make changes in its technology platform or services, at its sole discretion, at any time, without notice or liability;
2. Decide who’s eligible to use the services offered;
3. Cancel accounts or decline to offer our services;
4. Change our eligibility criteria at any time;
5. Cancel any funding to any project or cause, at any time and for any reason; and
6. Reject, cancel, interrupt, remove, or suspend any project or cause at any time and for any reason.
2. GSE Red will not have any ownership rights over your User Submissions and Content. However, the Company will get the license to perform and market the Site on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to):
1. use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") in connection with
1. the Site,
2. the Company (and its successors' and assigns') businesses,
3. promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third-party websites);
2. take whatever other action is required to perform and market the Service;
3. allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and
4. use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
3. The Charity or cause owner(s) agrees and grants the Company the right to use all the visual and text-based content (digital or non-digital) submitted by the Charity or cause owner(s), for the purpose of branding and marketing activities of the platform/ the Company. Notwithstanding anything in this Agreement, the Charity or cause owner(s) agrees to grant the Company an exclusive, perpetual, irrevocable rights and license, on worldwide basis, to monetize the Charity or cause owner(s)'s project pitch video(s) through any means or medium deemed for by the Company, including various digital platforms such as Vimeo, YouTube etc.
1. No Person shall copy or utilise, in any manner, the questionnaire(s), responses, designs, content or any other data generated in consultation with any Charity or cause owner(s) or Funder, without the prior written consent of GSE Red.
Terms and conditions for Users
1. Users can fund a project or cause directly or raise funds by shopping. If a user wants to track all the funds then it can be done only by registering on the Site using the Site's login procedures. By choosing the Facebook login, they agree to give the Site, access to their Facebook account's profile pictures and email id. They also allow the Site to create their account. The Site does not publish any content on their Facebook profiles without their permission. The Site also gets access to the User’s friend list, only after the User gives the permission to get access to this list. Once the user has logged in, they get access to their personal dashboard which reflects all the information regarding donations raised by them & to which charities or cause they are donated.
2. Users can use the Site, its features or the Services provided therein only if they sign up / register on the Site. Funders can access the Site without signing up; however, access to certain sections of the Site and Services could be restricted.
3. Users should use the Site only if they are legally eligible to enter into contracts under the Indian laws. The Site and Services are intended for use by individuals 13 years of age or older. If Funders are under 18, they may use the Site only with consent of a parent or legal guardian who agrees to be bound by these Terms.
4. If as a User, you are accessing the Site or availing the Services on behalf of a company or other legal entity, then You should have the legal authority to represent and bind such company or entity to the Terms. In such a case, the terms "You" or "Your" or “Member” or “User” shall refer to the corporate or other legal entity represented by You. If you do not have the legal authority to bind the corporate or legal entity represented by You, then You will be personally liable for all the obligations contained in these Terms, including, the payment obligations.
5. Users agree that certain basic information that you provide on the Site can be accessed by third parties and may show up in search engines. By using the Site, Funders expressly consent to such search engines sourcing your information and displaying such information on the search engine’s Site. The Site does not control the manner in which such information is displayed or made available.
6. While creating an account, User should not use as a User ID any name or term that (i) is the name of another person, with the intent to impersonating that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene.
7. The Owner reserves the right, in its sole discretion, to refuse registration or cancel registration at any time and for any reason.
8. You are responsible for maintaining the confidentiality of your username and password as well as for all activities that occur under your username and password. The Owner or the Site shall not be responsible for the loss of your password. While the Site’s automated engines may assist you in recollection or retrieval of your password, password retrieval is not guaranteed.
9. If any user provides any information that is untrue, inaccurate, not current or incomplete or if the Owner has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms, the Owner has the right to indefinitely suspend or terminate your account with the Owner and refuse to provide you with access to the Site or other Services offered by the Owner.
10. Users may deactivate your account at any time you desire, in which case the profile information will be deleted from our database automatically within 12 (twelve) months. You also understand and agree that though you may delete your account or some information from your account, the same may still appear in some online searches. The Owner has no control over the search results that show up in such third party engines or websites.
11. You should not create more than one personal profile. If you have created more than one login, the Owner reserves the right to delete or disable such additional, or all logins, at its sole discretion.
12. The account created by You is personal is non-transferable or assignable.
2. Fees and taxes
1. Users give their consent and authorize the Site to deduct the necessary commissions on the contributed amount before transferring to the final recipient i.e., the Charity or cause owner(s), or while refunding their amount.
1. By funding a project or cause, the users agree to provide their name, email address, phone number, billing and shipping addresses. They also agree to provide the authorized online payment gateway of the Site, necessary & required details of their credit and debit cards for making an online contribution. Users agree to have sufficient funds or credit during making a contribution for a project or cause. Funders are informed that their credit and debit card related details are not provided to the Company or the Site by the online payment gateway & remain confidential. We as a merchant 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 us with our acquiring bank from time to time.
2. If any stolen debit or credit card is used to make payment, the Company shall have the right to pursue criminal charges against the Funder making the payment/contribution.
1. Funders will get a refund of their contribution in case the campaign they are funding has been put to Hold and the issues are not resolved by the Charity or cause owner(s). The Funders agree to receive the refund either through a couriered cheque or via an online reversal/refund of their original payments. In case of a cheque refund (for cases where the initial contribution was made via cheque or bank transfer), the Funders agrees to allow the Owner (or its affiliate) to deduct courier charges from the contribution. In case of an Online refund/ reversal (for cases of online Payment), the Funders agrees and acknowledges that the payment gateway has the right to deduct their charges from the refunded amount.
2. A Funder cannot ask for a refund if a campaign he/she funded is going great. The Funders relieve the Company or the Site from any obligation to make a refund in such a case.
3. Charity or cause owner(s) may cancel or refund a contribution at any time and for any reason.
4. Charity or cause owner(s) and Funders agree to deal directly with each other, without involving the Company / Owner or Site regarding any refund negotiations other than in the aforementioned scenario.
5. The Company / Site reserves the right to refund any transaction which it finds suspicious or fraudulent. In such case, the transaction will be refunded to only the original source and no other requests will be entertained, The Charity or cause owner(s) will be given sufficient proof about the refund and a reason for suspicion or fraudulence. In such a case, the company may lodge an official complaint with the Cyber Security Cell against the funder.
1. Rights of the project or cause
1. Funders agree to not claim any ownership in the project they fund through the campaign on the Site. The rights of the project remain with the Charity or cause owner(s).
2. Dispute between Charity or cause owner(s) and their Funders
1. The Site or the Company is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Site. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. You hereby unconditionally release the Site and Company, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the service.
3. Financial Transaction Facility
1. 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:
i. Lack of authorization for any transaction/s, or
ii. Exceeding the preset limit mutually agreed by You and between your "bank/s", or
iii. Any payment issues arising out of the transaction, or
iv. Decline of transaction for any other reason/s
2. All payments made towards the donations / contributions on the Site by you, shall be compulsorily in Indian Rupees acceptable in the Republic of India if you are an Indian national. Site will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Site if you are an Indian national. All payments made towards the donations / contributions on the Site by you, shall be compulsorily through the foreign payment gateway if you are not an Indian National. Site will not facilitate transaction through the Indian payment gateway with respect to the donations / contributions made on Site if you are not an Indian national.
4. You understand, accept and agree that the payment facility provided by the Company 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 Site using the existing authorized banking payment gateway networks, settlement service providers or through cause-based commercial shopping network. Further, by providing payment facility, the Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
5. The Company reserves the right to refuse to process transactions by Users with a prior history of questionable transactions including without limitation to collusion amongst the Users to bring about a false impression or mislead other Users of the Site or breach / violation of any law or any charges imposed by issuing bank or breach of any policy.
6. The Funder acknowledge that the Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond control of the Company.
7. The Company shall make payments, net of its costs, charges and fees into the bank account provided by the Charity or cause owner(s) during Charity or cause owner(s). Once the Company has made payments into such bank account number, the Company shall be discharged of any/all liability towards the User and the User shall not be eligible for any claims and/or refunds thereof
1. No Person shall copy or utilise, in any manner, the questionnaire(s), responses, designs, content or any other data generated in consultation with any Charity or cause owner(s) or Funder, without the prior written consent of the Owner.
General terms and conditions
1. Rules and Conduct
1. Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
2. You know is false, misleading, or inaccurate;
3. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;
4. Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
5. Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party; or
6. Impersonates any person or entity, including any employee or representative of the Company.
7. Users may not use the Company's Site for activities that:
i. violate any law, statute, ordinance or regulation;
ii. relate to sales of
A. narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety,
B. drug paraphernalia,
C. items that encourage, promote, facilitate or instruct others to engage in illegal activity,
D. items that promote hate, violence, racial
E. items that are considered obscene,
F. items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction,
G. certain sexually oriented materials or services, or
H. ammunition, firearms, or certain firearm parts or accessories, or
iii. certain weapons or knives regulated under applicable law;
iv. relate to transactions that
A. show the personal information of third parties in violation of applicable law,
B. support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs,
C. are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card,
D. are by payment processors to collect payments on behalf of merchants,
E. are associated with the following Money Service Business activities: the sale of traveler's checks or money orders, currency exchanges or check cashing, or
F. provide certain credit repair or debt settlement services;
v. involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
vi. violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices;
vii. involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing,lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from the Company and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law."
8. Additionally, you shall not:
i. take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company's or its third-party providers' infrastructure;
ii. interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
iii. bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service);
iv. run Maillist, Listserv, or any form of auto-responder or "spam" on the Service; or
v. use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.
9. not make any negative, denigrating or defamatory statement(s) or comment(s) about the Company or the brand name or domain name used by the Company, or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company on any platform or otherwise tarnish or dilute any of the Company’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 Site or the Company’s systems or networks, or any systems or networks connected to the Company.
2. You shall not directly or indirectly:
1. decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction;
2. modify, translate, or otherwise create derivative works of any part of the Service; or
3. copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations. The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice:
i. cancel, reject, interrupt, remove, or suspend a campaign or project;
ii. remove, edit, or modify any Content, including, but not limited to, any User Submission; and
iii.remove or block any User or User Submission. The Owner in reserves the right not to comment on the reasons for any of these actions.