These Website Terms & Conditions ("Terms") govern your access to and use of the website and related services (the "Platform") operated by the Organisation (referred to as "Organisation", "we", "us", or "our"), which facilitates fundraising and collection of donations for charitable causes and partner NGOs. By using the Platform (including registering an account, donating, uploading materials or otherwise interacting), you accept and agree to be bound by these Terms.
These Terms apply to all users of the Platform including: (a) donors, (b) visitors, (c) partner NGOs/beneficiaries, and (d) any other third parties (collectively "Users").
By using the Platform you confirm that you have read, understood and agree to comply with these Terms. If you do not agree, do not use the Platform.
The Organisation may update or modify these Terms at any time. Material changes will be posted with a revised "Last updated" date. Continued use after publication of changes constitutes acceptance.
You must be legally competent to enter into binding contracts under applicable law to use the Platform. If you are using the Platform on behalf of an NGO, you represent and warrant you are authorised to do so.
Registration: Users may need to create accounts to donate, raise funds, or access specific features. You agree to provide accurate, current and complete information.
KYC & Documentation: NGOs and some donors (as required by law or payment partners) must complete KYC and provide requested documents (e.g., PAN, registration certificates, bank details, authorised signatory ID). The Organisation may suspend or withhold funds if KYC is incomplete.
Aadhaar & Sensitive Identifiers: If Aadhaar or similar identity attributes are required for KYC, the Organisation will comply with applicable UIDAI rules and will not store core biometric identifiers or any Aadhaar data in contravention of the UIDAI regulations. Where online authentication is used, the Organisation will comply with applicable Aadhaar regulations and guidance.
User Representations: You represent that the information and documents submitted are true, accurate and not misleading. Provision of false documents or information may result in account suspension, fund withholding, and legal action.
Receipt & Accounting: All funds received via the Platform are collected and processed by the Organisation or its payment partners, and shall be subject to reconciliation, settlement and compliance checks prior to disbursement.
Payment Release Period: Reconciled and verified amounts due to partner NGOs shall be released within forty-five (45) days from the close of the relevant collection cycle. This forty-five (45) day period is necessary for settlement, reconciliation, payment gateway/bank clearances, fraud and compliance checks, tax documentation, and related operational activities.
Organisation Protection - No Early Claims: The NGO acknowledges that the funds will not be treated as due or payable before the expiry of the 45-day period and shall not make any claim, demand, lien or encumbrance on funds before such release.
Third-party Delays & Force Majeure: The Organisation will exercise commercially reasonable efforts to initiate payments within the payment release period. However, the Organisation shall not be liable for delays caused by payment gateways, banks, regulators, or other third parties, provided the Organisation has acted in good faith and used reasonable efforts to process transfers.
Delay Remedies: Any delay beyond the stipulated period shall not constitute an automatic breach if caused by third-party failures, regulatory holds, or bona fide compliance investigations. If the Organisation is responsible for an unjustified delay, the NGO’s sole remedies shall be as expressly set out in these Terms.
Safe-Harbour on Disbursement: Upon transfer of funds to the NGO’s designated bank account, the Organisation’s obligations regarding those specific funds shall be satisfied and the Organisation shall have no further liability for donor disputes or subsequent usage of funds by the NGO - except where the Organisation’s gross negligence or wilful misconduct can be established.
(This payment architecture is aligned with standard settlement practices and RBI oversight of payment intermediaries; payment settlement rules and escrow/PA requirements are subject to RBI guidance.)
Service Fees: The Organisation may deduct fees (platform fees, payment gateway fees, taxes or mutually agreed charges) from gross donations prior to disbursement. Fee schedules will be published and updated from time to time.
Taxes & Withholding: Users are responsible for applicable taxes. The Organisation may withhold taxes and issue required statements as per applicable law.
80G & Tax Receipts: Issuance of tax-deduction receipts (e.g., Section 80G certificates) is the sole responsibility of the receiving NGO, which must have necessary approvals. Donors seeking tax benefits must verify the NGO’s eligibility; the Organisation does not guarantee tax-deduction status. For information on which donations are eligible under Section 80G, donors/NGOs should consult applicable tax authorities and the NGO must produce required documentation.
FCRA Compliance: NGOs receiving foreign contributions via the Platform must be registered/authorised under the Foreign Contribution (Regulation) Act (FCRA) and comply with related conditions and reporting requirements. The Organisation may decline to process or disburse foreign-sourced donations to NGOs lacking lawful FCRA status or necessary permissions.
Compliance Certification: NGOs that accept foreign funds via the Platform shall certify compliance with FCRA and indemnify the Organisation against any regulatory action, fines, or claims arising from non-compliance.
Refund Policy: Donations are generally final. Refunds (if any) will be handled per the Organisation’s published refund policy and the terms of the payment gateway. Refunds may be declined where funds have already been disbursed or used by the recipient NGO in accordance with declared purposes.
Chargebacks & Disputes: In the event of donor chargebacks, the Organisation may debit the NGO’s account (including future receivables) for the chargeback amount, fees and administrative costs. NGOs agree to cooperate with investigations and reimbursements.
Use of Funds: NGOs must use funds only for the stated purpose(s) and in compliance with their charter, governing documents, and applicable law.
Transparency & Reporting: NGOs shall maintain accurate books, allow audits of funds raised through the Platform, and promptly provide requested supporting documentation.
Representations: Each NGO represents and warrants that:
Indemnity by NGOs: NGOs shall indemnify and hold the Organisation harmless from claims, penalties, taxes, liabilities (including legal costs) that arise from NGO’s misuse of funds, false representations, failure to comply with law, or inaccurate KYC.
All content, trademarks, graphics and code on the Platform are Organisation property or licensed to the Organisation. Users may not reproduce, distribute, or use the Organisation’s IP without express written consent.
User Content: By uploading content (stories, images, campaign descriptions) you grant the Organisation a non-exclusive, royalty-free, worldwide license to use, display, modify and distribute that content to operate and promote the Platform.
Privacy Policy: The Organisation’s Privacy Policy (published separately on the Platform) explains how we collect, use, disclose and store Personal Data. By using the Platform you consent to the collection and processing described in the Privacy Policy.
Applicable Data Protection Law: The Organisation recognises and will comply with applicable Indian data protection and privacy laws in force, including the Digital Personal Data Protection Act and related regulations, when processing personal data on the Platform. The Organisation will implement reasonable technical and organisational measures to protect personal data.
Data Retention & Lawful Bases: Personal Data will be retained only for as long as required for the legitimate purposes for which it was collected, including compliance, record keeping and disputes resolution.
Sensitive Data & Aadhaar: Where identity authentication requires Aadhaar-related processes, the Organisation will comply with UIDAI regulations and will not store or misuse Aadhaar core biometric data. Users consent to the Organisation undertaking necessary authentication checks subject to law.
The Organisation uses commercially reasonable security measures. However, no internet transmission is 100% secure. The Organisation disclaims liability for unauthorised access except to the extent caused by gross negligence or wilful misconduct on the Organisation’s part.
The Platform may integrate with third-party services (payment gateways, social logins, analytics). The Organisation is not responsible for third-party terms or privacy practices; Users must review those third-party terms.
RBI & Payment Intermediary Compliance: Payment processing, escrow and settlement are subject to RBI regulations and payment aggregator rules; the Organisation will comply with applicable regulatory obligations for handling and protecting consumer funds.
Users shall not:
The Organisation reserves the right to remove content, suspend accounts, or freeze disbursements where misuse is suspected.
You agree to indemnify and hold harmless the Organisation, its officers, employees and agents against any losses, damages, costs, claims or liabilities (including legal fees) arising from: (a) your breach of these Terms; (b) your false representations; (c) your misuse of the Platform; or (d) any claim by donors or third parties related to your campaign or use of funds.
NGOs specifically indemnify the Organisation for claims arising from the NGO’s failure to comply with FCRA, tax laws, corporate governance requirements, KYC, or for the NGO’s use of funds.
To the maximum extent permitted by law, the Organisation’s aggregate liability arising from or related to these Terms or the Platform (whether in contract, tort, negligence, strict liability or otherwise) shall not exceed the total service fees actually paid to the Organisation in the 12 months preceding the claim. In no event shall the Organisation be liable for any indirect, incidental, special, punitive, exemplary or consequential damages.
The Organisation’s liability shall be further limited with respect to: (a) delays caused by payment gateways, banks, or regulatory holds; (b) donor chargebacks; and (c) any acts or omissions of NGOs once funds have been disbursed, except where the Organisation’s gross negligence or wilful misconduct is proven.
The Organisation may suspend or terminate any account, campaign, or payment flows at its sole discretion for breaches of these Terms, suspected illegal activity, or regulatory reasons. Disbursement of funds may be paused pending investigation.
Termination will not relieve either party of liabilities incurred prior to termination.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of India.
Jurisdiction: Subject to applicable law, the courts at Gurgaon (Gurugram) shall have exclusive jurisdiction to resolve disputes arising out of or in connection with these Terms.
Note: You previously directed that disputes should go straight to court (no arbitration) - this clause enforces that choice.
The Organisation may change these Terms and will publish revisions. If a change materially affects users’ rights, reasonable notice will be provided.
Force Majeure: Neither party shall be liable for delays or failures due to events beyond reasonable control (e.g., acts of God, strikes, war, government action, payment network outages).
Severability: If a provision is held invalid, the remainder shall remain in force.
Entire Agreement: These Terms, together with the Privacy Policy, Fee Schedule and any addenda, constitute the entire agreement between you and the Organisation regarding the Platform.
Notices: Notices to the Organisation must be sent to the email/contact listed on the Platform. The Organisation may send notices to the user’s registered email.