Purusharth Charitable Society, a charitable trust registered under the Indian Trust Act 1882, (the “Society”) owns and operates the interactive website https://savenishabd.com and its mobile-friendly website interface (hereinafter collectively referred to as the “Platform” or “Save Nishabd”) and the Services rendered thereof. Save Nishabd is owned and operated by Chained Ventures Private Limited (hereinafter referred to as the “Society”), a Society incorporated under the laws of India and registered under the Companies Act, 2013.
1. BINDING AGREEMENT:
2. DEFINITIONS AND INTERPRETATION:
a)“Account” shall mean the Account created by the Users on Save Nishabd to avail services.
b)“Applicable Laws” shall mean any statute, law, rules regulation, ordinance, notification, order, decree, judgment, rule of common law, government approvals, bye-laws or other governmental restrictions or any administrative order or notice in effect as of the date of this Agreement or anytime thereafter;
c)“Beneficiary” means and includes an individual, a group of individuals, or any entity that benefits from Donations through a Campaign.
d)“Campaign” shall mean and include fundraiser stories posted and run on the Platform for collecting Donations.
e)“Campaign Organizers” shall mean organizers of the fundraiser campaigns who run stories on the Platform to collect donation.
f)“Donations” shall mean money donated by the users of the Platform.
g)“Services” shall mean services available on Save Nishabd from time to time including without limitation running stories and campaigns for .
Unless otherwise, the context requires in this Agreement:
a) The terms “you” and “user” shall mean any natural or legal person who browses through the Platform or avail services through the website.
b) The terms “we”, “us” and “our” shall mean the Society.
c) The “User” and the “Society” shall individually be referred to as the “Party” and collectively as the “Parties”.
d) Words denoting any gender shall be deemed to include those of the other gender.
e) Words using the singular or plural number also include the plural and singular, respectively.
f) The terms hereof, hereby, hereto, and derivative or similar words refer to this entire Agreement or specified clauses of the Agreement as the case may be.
g) The term clause or Schedule refers to the specified clause or Schedule of this Agreement.
h) Heading or bold typeface are used only for the purpose of convenience and shall be ignored for the purpose of interpretation.
i) Reference to the word include shall be construed as without limitation.
j) Reference to any legislation or applicable law or to any provision thereof shall refer to any such applicable law as amended, suspended, or re-enacted from time to time.
k) The headings provided herein are for convenience purposes only and shall not deem to affect or limit any of the provisions hereof.
3. SAVE NISHABD AND SERVICES RENDERED THEREOF
Save Nishabd is a crowd funding platform for giving and philanthropic donations. The Services are offered to users which may include Campaign Organizers, Beneficiaries, Recipients and Donors and other users of the Services (which may include users who interact with the Site or Services). The Platform allows users to post a fundraising campaign (“Campaign”) to the Platform to accept monetary donations (“Donations”) from those users wishing to contribute funds to the Campaign (“Donors”). A Campaign Organizer may be both, a Beneficiary and a Recipient, for any Campaign
In order to be eligible to register themselves and use the Platform, the individual Users shall be of a minimum of 18 years of age and be legally competent to enter into a contract in accordance with the applicable laws, and shall possess the absolute authority and competence to subscribe to and be bound by the terms, conditions, and obligations laid down in this Agreement.
5. REGISTRATION AND ACCOUNT
5.1. To avail certain Services on the Platform, the Users shall register and create an account with the Platform that would require Personal Information of the Users.
5.2. In consideration of use of the Platform by registering with us, you hereby represent that you are of legal age to form a binding contract and are not from receiving Services under the laws of India or other applicable jurisdiction. In the event the User is an eligible minor, then the registration of such account shall require authorization from the natural/legal guardian of such user by way of verification through KYC. Authorization by the guardian shall make this Agreement enforceable and binding on the such Party.
5.3. The responsibility for all the activities in relation to a User account including maintaining the confidentiality of their username the password shall be solely borne by the concerned User and the Society shall not bear any liability or responsibility for any breach in relation to the same. If the User suspects any unauthorized breach or activity on his/her account the User shall promptly notify the Society. The User agrees and acknowledges that any information provided by such User does not infringe the rights of any third-party.
5.4. The Users shall provide true, accurate, current and complete information while registering on the Platform and undertake to update/inform the Society of any change in the information from time to time as it has a direct bearing on the provision of Services provided by or through the Society. You hereby undertake that by registering on the Platform, you are not misrepresenting any information or your identity and you shall not make any attempt to make any unlawful access to the Platform in order to use the Services thereof.
6. LIMITED LICENSE AND PROHIBITED CONDUCT
6.1. The Society hereby grants to the Users, a limited license to access and make personal use of the Platform and not modify it, or any portion of it, or any content, information or data available on it except the Personal and Non-personal Information that belongs to the User.
6.2. The payments and transactions processed using Save Nishabd shall be subject to the rules issues by respective Issuing Bank of the Users. The use of Save Nishabd shall not, in any manner, modify the terms and conditions issued by Issuing Bank applicable to Users. The Society shall assume no liability in respect of violation of the same.
6.3. This Platform or any portion of this Platform shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express consent of the Society in writing.
6.5. The User is hereby prohibited from:
a) Impersonating any person or entity or false claim or otherwise misrepresent your association or affiliation with any person or entity;
b) Access, use, or availing services through the account that belongs to others without their authorization;
c) Infringe the Intellectual Property Rights of the Society or any third-party, whether individual or entity;
d) Use of the Services or the Platform in any manner that could damage the Society, the Platform or its reputation;
e) Damage, circumvent, disable or otherwise interfere with the security-related features of the Platform;
f) Disassemble, decompile, decipher or otherwise attempt to discover the source code, by way of reverse engineering or by any other method, of the Platform or any part thereof;
g) Use of data mining, robots, crawlers or similar data gathering and extraction tools and technologies in any manner or for any purpose whatsoever
h) Intentional interference with the Platform to damage, restrict, delay or inhibit operation of the Platform or any part thereof by any means, including without limitation, uploading or otherwise disseminating viruses, spyware or other malicious files that consists of contaminating or destructive feature;
i) Availing the Services using the Platform with reasonable believe to be potentially fraudulent funds;
j) Post, communicate or otherwise transmit any messages or content which is defamatory or which discloses private or personal matters concerning the Society or any third-party.
k) Use of services if the User is under the age of __ years with or without parental/guardian sponsor and below 18 years without parental/guardian sponsor;
l) Use of the Platform or Services to indulge in or conduct any activity or solicit the performance of any illegal activity or other activities which infringes the rights of others;
m) Providing false, inaccurate or misleading information;
n) Use of the Platform to collect or obtain Personal including financial information or Non-personal Information of any other users except with written approval by the Society;
o) Downloading, copying, using, aggregating, reproducing, publishing, modifying, distributing, deleting any data information, data or content without prior consent from the Society or the Users, as the case may be
6.6. Any unauthorized or commission of any of the prohibited activities as aforesaid shall entitle the Society to terminate the permission or license granted to the Users by the Society as stipulated herein.
7. KNOW YOUR CUSTOMER (KYC)
7.1. In pursuance to the anti-money laundering laws, the Society hereby follows strict customer due to diligence measures; thereby seeks mandatory information required for KYC compliance as directed by the Government.
7.2. As a customer/client of the Society, the Users are obliged to provide, in order to use the Services available on the Platform in any manner, all such information including the Personal Information in accordance with the Prevention of Money Laundering Act, 2000 and rules made thereunder to the satisfaction of the Society to identify each new customer.
7.3. You hereby agree and acknowledge that the Society can take all required due diligence measures (including documentation), to satisfy itself relating to KYC compliance in line with the requirements under the applicable anti-money laundering laws as amended from time to time.
8.1. Donations made through Save Nishabd are final and cannot be refunded, except in under the following “exceptional” scenarios.
a) Campaign has been identified as a fraudulent or violating the terms of service and no funds have yet been transferred to the Beneficiary towards the same. Save Nishabd has decided to refund all the donations to the donors
b) A Donation has been identified to have been initiated using an unauthorised payment instrument not belonging to the user by the user (Donor) and the user wishes a refund.
c) Campaign organizer has posted an update that the intended purpose of the fundraising campaign is no longer possible and no funds have yet been transferred to the Beneficiary towards the same.
9.1. By continuous usage of the Platform, the User consents to receive communications from the Society using various channels of communication including, but not limited to, SMS, calls, emails, etc. regarding the usage of the Platform and the solicitation and promotion of its Services, features, and offerings, verification of the User availing services.
9.2. Users further consent to receive communications from the by the service providers of the Society, if any, with whom the Society may have entered into an agreement in furtherance of its rights, and such calls shall be made solely for the purposes stipulated herein. Users consent to waive the DND registry in for the purpose of the communications stipulated herein in the event they have subscribed to the same.
10. CONTENT, INTELLECTUAL PROPERTY, AND PROPRIETARY RIGHTS
10.1. Apart from any content or information provided by a User or any third-party, the ownership and any and all rights, titles, interests in the intellectual property and proprietary information and content on the Platform (Trademarks, Copyrights, Patents, Designs) including without limitation any logos, graphics, slogans, text, content, software, code, illustrations, images, icons, programs, technology, the look and feel of the Platform and the compilation and arrangement of the content and materials on it exclusively belong to the Society, its suppliers and licensors. User’s access or usage of the Platform does not confer upon them any right or license in the intellectual property or proprietary information of the Society as stipulated herein.
10.2. Users shall not inter alia copy, reproduce, duplicate, republish, transmit, download, post, distribute, modify the aforementioned intellectual property and proprietary information of the Society as aforesaid in any manner whatsoever without the express consent of the Society or use the same for any commercial purposes.
10.3. The User shall not use, post, modify, distribute or reproduce any content or material wherein the intellectual property and proprietary rights of such content and material belong to the Society, any third-party or any other person or entity without obtaining the prior written consent of the owner of such rights as aforesaid, failing which the Society shall be entitled to take appropriate action including terminating the usage and registration of such User without any refund or other liability. In the event the intellectual or proprietary rights of a User have been violated or infringed as aforesaid the aggrieved User shall forthwith notify the Society of the same along with adequate proof and the Society shall, in its discretion take necessary and appropriate action thereafter.
11.1. The Users shall provide accurate, complete and up to date information at the time of registration and creating an account on the Platform and shall ensure that they possess the rights, titles, and interests in the data, information and content they submit on the Platform.
11.2. The Users agree and acknowledge that the Society shall in its discretion be entitled to verify the information provided by the Users and the Users shall cooperate with and provide adequate proof of the same to the Society as and when requested by it.
11.3. The account of the Users and their username and passwords shall solely and exclusively be for their personal use and the Users shall at all times ensure the confidentiality of their username, password, and identification and shall be solely responsible for all activities on his/her account. The Users shall forthwith notify the Society in the event of any unauthorized activity pertaining to their account.
11.4. The Users shall be solely responsible for establishing the accuracy, veracity, authenticity, and credibility of the identity, data, information and content of other Users listed on the Platform by conducting the requisite due diligence for the same.
11.5. The Users shall maintain abide by all laws, rules, regulations, guidelines, ordinances, and orders in force at all times during the term of this Agreement.
12. OBLIGATION OF CAMPAIGN ORGANIZERS
12.1. You are solely responsible for utilizing the funds for the Purpose mentioned in our fund-raising page. Save Nishabd is not responsible in any way whatsoever towards the end utilization of funds.
12.2. 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 unless your campaign is not rejected by Save Nishabd.
12.3. You may or may not be able to raise the targeted amount in the designated period. Save Nishabd take no responsibility or liability for failure to reach the targeted funds.
12.4. Save Nishabd can reject your fundraiser for inappropriate or insufficient content, at its sole discretion.
12.5. Save Nishabd 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.
12.6. You shall not use any content created by Save Nishabd, partially or wholly, for any other fundraising or awareness purpose without the written consent of Save Nishabd. In the event you receive such consent, you shall provide written credits to Save Nishabd and provide links to Save Nishabd website or corresponding social media handles of Save Nishabd, while using such content, and adhere with such other terms that may be prescribed by Save Nishabd from time to time.
12.7. Provided that all statutory verifications and KYC verifications are completed and you have provided Save Nishabd with documents that substantiate the utilization of funds you may receive, all contributions collected for your Campaign will be transferred to the designated bank account that you specify. You can raise withdrawal requests post approval of the campaign by Save Nishabd. Save Nishabd will process fund transfer, post receipt of your withdrawal request.
12.8. You understand that the funds are not owned by Save Nishabd or its affiliates. At the time of transfer of funds, you will receive contributions net of Save Nishabd Fees, Payment Gateway Fees, applicable taxes, or any other fees mutually agreed upon between you and Save Nishabd. For a check, please look at the fees in our Pricing Page.
12.9. In case of contributions outside India, You have the necessary regulatory permissions to receive such funds, Such permissions include but are not limited to the Foreign Contributions Registration Act (FCRA), and others mandated my regulatory authorities. Please note that in accordance with the FCRA, the following persons cannot receive foreign contributions (This list may be amended from time to time in accordance with regulatory and statutory actions, and such amendment shall apply to you with immediate effect from such regulatory or statutory action):
a) candidates for election;
b) correspondents, columnists, cartoonists, editors, owners, printers or publishers of registered newspapers;
c) judges, government servants, or employees of any corporation or any other body controlled or owned by the government;
d) members of any legislature; political parties or their office bearers;
e) organisations of political nature, as may be specified by the central government;
f) associations or companies engaged in the production or broadcast of audio news, audio visual news, or current affairs programmes through any electronic mode or any other mode of mass communication;
g) correspondents or columnists, cartoonists, editors, or owners of associations or companies referred in the clause above.
12.10. If you are an organization eligible to issue tax deduction certificates under Section 80G of Income Tax Act, 1961 to your donors who made contributions in Indian Rupees, Save Nishabd will facilitate the process 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. Save Nishabd will not have any liability, in any form whatsoever, in this regard. In certain instances, as determined by Save Nishabd at its sole discretion, Save Nishabd may provide Campaigns with marketing services.
12.11. You hereby indemnify and agree to keep indemnified and hold safe and harmless Save Nishabd, 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 members, 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.
12.12. In no event will the Society 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. The Society may terminate the agreement at any point of time should it have material evidence of wrong utilization of funds, or absence of requisite regulatory approvals to raise funds or carry out the Purpose
13. REPRESENTATION AND WARRANTIES
13.1. The Users represent and Warrant that they are legally competent and have the complete right and authority to enter into this Agreement in accordance with applicable laws and the execution, delivery, and performance of this Agreement by such User shall not constitute a violation of any laws, breach of any agreement or require the permission of any third party or governmental authority.
13.2. The Users represent and warrant that all the information, data, and content provided by such Users on the Platform is true, accurate and up to date and undertake to provide any other information that may be required by the Society for the purposes stipulated herein. The Users undertake that in the event the Society requires any proof, whether documentary or otherwise of the information and data provided by such Users on the Platform they shall forthwith provide the same to the Society
13.3. The Users represent and warrant that they possess the rights, titles, and interest in any and all the information and content provided by such Users on the Platform and the posting or submission of such information and content shall not constitute the violation or infringement of the rights of any other person or entity.
14. THIRD PARTY LINKS
16.1. The Platform and the services, features, offerings, information, content available on it is available on an ‘as is’ and ‘as available’ basis. The Society disclaims any and all warranties, whether express or implied, including without limitation warranties of merchantability, non-infringement or fitness for a particular purpose except for those warranties that cannot be excluded under applicable laws. The Society does not guarantee any specific results from the usage of the Platform.
16.2. The Society provides no warranty that:
a) The Services will be uninterrupted;
b) The Services will meet your requirement;
c) Accuracy or reliability of the results that may be obtained from the use of Services;
d) The quality of Services, information, or other material obtained by you from or through the Platform will meet your expectation.
16.3. The Society shall not be liable, whether in contract or in tort in any manner whatsoever for:
a) any interruptions in the services;
b) delay in access or interruptions on the Platform;
c) loss, theft, non-delivery, destruction, corruption, of data;
d) any loss or damage incurred as a result of your access or usage of the Platform;
e) the occurrence of any viruses, malfunctions, system failures, technical problems in connection with the Platform;
f) inaccuracies or omission in the content;
g) any other event beyond the control of the Society.
16.5. In order to render Services, the Society may be required to enter onto arrangement or agreements with third-party payment gateways, facilitators, processors and other financial institutions for collection, refund, remittance or payment made by you through the Platform. The Society hereby disclaims all warranty in respect of any of the Services brought to you by the third-party service providers.
16.6. The Society shall assume no liability whatsoever in respect of any loss or damage arising directly or indirectly to you or any third-party due to:
a) Lack of authorization for any transaction;
b) Illegitimacy of the payment method (including debit/credit cards fraud) being used by you;
c) Lack of authorization for any transaction made using the Platform;
d) Decline of transactions by Issuing Bank for any other reason whatsoever.
16.7. The use of the Platform and any resultant connection, exchange, communications or transaction does not constitute an offer, advice, counseling, recommendation on part of the Society and any loss, liability, expenses, damages, judgments incurred by any User as a result of entering into a transaction by using the Platform shall solely and exclusively be the responsibility of and borne by such User and the Society shall not bear any liability or responsibility for the same.
16.8. The Platform is merely an intermediary and provides an interface for Users to voluntarily register themselves by providing certain data and information in accordance with their individual preferences to connect, contact and engage with other Users for the purpose of entering into a transaction and availing the services herein. The Society does not monitor the conduct of the Users on the Platform and the Users are solely and exclusively responsible for their interactions, exchanges, communications, connections and transactions made on the Platform.
16.9. The Society takes reasonable measures and precautions for the protection and security of the information provided by the Users on the Platform; however, it shall not bear any responsibility or liability for any unauthorized or inappropriate use including without limitation any copying, printing, publishing, forging, reproductions, manipulation of the same by any other person or entity.
17. LIMITATION OF LIABILITY
17.1. Except as otherwise provided under applicable laws, the Society shall not be liable for any damages whatsoever arising out of or related to the use of this Platform or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages the Users or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if notified in advance of the potential for any such damages
17.2. Notwithstanding anything to the contrary contained herein, if the Society is held liable for proven and actual loss or damage arise out of your use of the Services through the Platform, any liability of the Society towards you for any reason or cause whatsoever shall be limited to the transaction amount paid by such User for availing the services available on the Platform during the tenure of membership.
18.1. Users shall indemnify and hold harmless the Society and its representatives, affiliates, partners, contractors, officers, directors, employees and assigns against any and all losses, liabilities, damages, costs, claims, damages including legal expenses that may be incurred by the Society as a result of or arising out of a User’s
a) breach or violation of the provisions stipulated in these Terms and Conditions
b) breach of any representation or warranty
c) use of the Platform and its content
d) availing the services, features, and offerings available on the Platform
e) violation of the intellectual property or proprietary right of the Society or any third-party
f) violation of the privacy, confidentiality, information or any other right of the Society or any third-party
g) violation of any applicable laws
h) any act, omission, fraud, misrepresentation on part of the User.
18.2. The foregoing right to indemnity shall be in addition to any other right that may be available to the Society in equity or under applicable laws and the indemnity rights shall survive the termination of this Agreement and Users usage of the Platform.
19. TERM, TERMINATION, AND VIOLATION
19.1. This Agreement shall be valid and continue to be operative as long as the Users continue to use the Platform.
19.2. The Users are entitled to terminate this Agreement anytime by discontinuing their usage of the Platform and communicate the same in writing to the Society.
19.3. The Society shall be entitled to terminate the usage, access, or membership of a User at any with immediate effect and with or without cause wherein the term cause shall mean the breach of any of the terms and conditions stipulated in this Agreement by a User.
19.4. The rights, liabilities or obligations under this Agreement that may have accrued to the Society prior to the termination or expiration of this Agreement shall not be affected by such termination or expiration and the Society shall be entitled to enforce such rights, liabilities or obligations against the Users regardless of the same
20. FORCE MAJURE
The Society shall not be under any liability for failure to perform any of its rights and obligations under this Agreement, if such acts of failure are due to any act of God, fire, earthquake, floods, or any natural calamities or transportation embargoes, civil commotion, riots, violence, acts of terrorists, state enemies, or any other reasons or circumstances beyond our control.
21. AMENDMENT AND WAIVER
21.1. The Society reserves the right to make such changes, amendments, modifications, to this Agreement as it may deem necessary in its discretion from time to time and the decision of the Society shall be final and binding regarding the same. The amended Agreement shall be effective and legally binding from the date it is posted and uploaded on the Platform and the same shall constitute sufficient notice to Users of the same. Users are advised to periodically review the Agreement from time to time so as to keep themselves apprised of all such changes and modifications.
21.2. No failure to exercise and no delay in exercising any right or remedy under this Agreement shall operate as a waiver thereof. No waiver or consent hereunder shall be applicable to any events, acts, circumstances except those specifically covered thereby.
The Parties have not created a partnership and nothing contained in this Agreement shall, in any manner whatsoever, constitute any Party the partner, agent or legal representative of the other Party, nor create any fiduciary relationship between them for any purpose whatsoever except as may be, from time to time, agreed upon between the Parties in writing or as otherwise expressly provided herein. Neither Party shall have any authority to act for or to assume any obligation or responsibility of the other.
This Agreement and the rights and obligations stipulated herein are personal in nature to the Users and they shall not be entitled to assign, transfer or subcontract any of their rights and obligations under this Agreement to any other individual or entity except with the prior written consent of the Society. However, nothing contained herein shall preclude the Society from assigning or transferring any of its rights and obligations under this Agreement in its discretion.
In the event that any provision in this Agreement is found to be invalid or unenforceable, the offending provision shall be severed from the Agreement and the remaining provisions shall continue to be enforceable and operate as originally written.
The Provisions which, by its nature or express terms should survive, will survive such termination or expiration of this Agreement.
26. USER DISPUTES, GRIEVANCES AND REDRESSAL
26.1. In the event of any dispute or grievances in respect of any of the Services rendered on the Platform, you are required to inform the Society through (Grievance form/email).
26.2. The Society endeavors to take necessary and timely measures to redress the grievances and disputes of the Users; however, does not claims any warranty in respect of the same.
27. DISPUTE RESOLUTION
27.1. In the event of any claims or disputes between the Parties arising in connection with the execution, interpretation, validity, performance, breach or termination of this Agreement and any of its provisions, wherein such disputed cannot be amicably resolved by the Parties by way of good faith negotiations amongst themselves, all such disputed shall be first submitted for settlement by informal mediation to a panel consisting of one nominee of each Party.
27.2. In the event of failure to settle the disputes in accordance with the modes stipulated above within a period of 90 days, all the disputes or differences so arising between the Parties shall in the Society’s discretion be referred to and settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act 1996. The arbitration shall be conducted by a sole arbitrator appointed by the Society. The Parties shall endeavor to expedite the arbitration proceedings and complete the same at the earliest and shall render full co-operation for the same. The place of arbitration shall be New Delhi. The award given by the arbitrator shall be final and binding on the Parties. The costs pertaining to the arbitration shall be borne by the Parties in accordance with the award passed by the arbitrator.
28. GOVERNING LAW AND JURISDICTION
This Agreement and its provisions shall be construed in accordance with and governed by the laws of India and subject to the exclusive jurisdiction of the courts situated at New Delhi.
29. ENTIRE AGREEMENT
Except where otherwise expressly provided, this Agreement constitutes the entire agreement and understanding between the Users and the Society with respect to the subject matter contained herein and shall supersede all prior or contemporaneous oral or written agreements or communications pertaining to the same. In case of any inconsistency between the provisions of these Terms and Conditions and any other similar documents or understanding the provisions of this Agreement shall prevail.