“ Campaign” shall refer to the time-bound planned set of activities carried out by Campaign Owner on the Site to raise funds for any Project by way of receiving Donation through the Site and may be of the following two types:
(i) Keep What Raised: Under this type of Campaign, Total Funds Raised shall be made available to Campaign Owner at the end of the Funding Period irrespective of whether the stated Funding Goal has been met or not;
(ii) All Or None: Under this type of Campaign, Total Funds Raised would be made available to Campaign Owner only if the stated Funding Goal is achieved at the end of the Funding Period. If Total Funds Raised is less than Funding Goal specified by Campaign Owner, EFG may consider extending the Funding Period and all funds raised (exclusive of EFG’s fees) pursuant to the end of such extended Funding Period shall, subject to the sole discretion of EFG, be: (a) set aside for an extended period of one month during which Campaign Owner shall try to achieve Funding Goal through other legitimate means; or (b) made available by EFG to the said Campaign Owner for any cause or issue similar in subject matter of the original Campaign after intimating Donors about such change.
“Campaign Owner” shall refer to any Person engaged in any social or development cause, and identified and selected by EFG that is seeking to conduct a Campaign;
“Content” shall mean all content, information, pictorial representations (including images, videos, artwork), audio clips, comments posted and/or made on the Site, data, software, scripts, projects, other material and information, and associated trademarks and copyrightable works available on the Site;
“Donation” shall mean the voluntary transfer of any amount of money by a User in support/favour of one or more Projects and posted/hosted on the Site, without any consideration;
“Donor” shall mean such User of the Site who makes a Donation;
“Funding Goal” shall refer to the financial aim or donation target of a Campaign sought by Campaign Owner for a particular Project;
“Funding Period” shall refer to the maximum period for which a Campaign is open/live on the Site and during which Donations are being accepted for the said Campaign [and may differ for each Campaign];
“Person” shall mean any individual (including personal representatives, executors or heirs of a deceased individual) or legal entity, including but not limited to, any partnership, joint venture, corporation, trust, unincorporated organisation, limited liability company, limited liability partnership or Governmental Authority;
“Project” shall refer to any specific idea, cause, effort or event [having potential for social or development impact] execution of which shall be undertaken by the Project Manager with the financial aid of Donations for which Campaign Owner is desirous of raising funds through Campaign and which is posted/hosted on the Site;
“Project Manager” shall mean the Person responsible for the implementation of Project and who has entered into a Campaign/Project Management Agreement with EFG;
“Recognitions” shall refer to any souvenir, acknowledgement of appreciation which a Campaign Owner may choose to offer Donors in the form of tangible items or intangible services to support the Campaign monetarily or to build a community around each Campaign by promoting it on the Site and/or different platforms and on certain social media sites to friends, family and other supporters;
“Site” / “Platform” / “Website” shall mean and include www.effortsforgood.org, mobile application of EGF, any successor website / applications, any website of Related Entity or any other channel facilitated and permitted by EFG including but not limited to App, any other digital medium including phone, displays, emails, social media interfaces, messaging interfaces, etc.;
“Total Funds Raised” shall refer to the total value of Donations (excluding cancelled Donation) that has been generated at the end of a Campaign;
“User”, “You” or “Your” shall mean any natural or legal person who has access to and is using the Site for the purpose of viewing and/or accessing Content made available on the Site, including Campaign Owners, Donors or such other users who have not created a User Account and are accessing the Site without such a User Account;
“User Account” shall be the account, which a User is required to create with the Site to avail the gamut of Services offered by it;
EFG and the User shall be collectively referred as “Parties” and individually referred as “Party”.
2. REPRESENTATIONS AND WARRANTIES
2.2 By agreeing to these Terms, You represent that You are at least the age of majority in Your State or jurisdiction of residence, and You have given Us, Your consent to allow any of Your minor dependents to use this Site.
2.4 You shall not, in the use of the Site and/or availing Services, violate any laws in Your jurisdiction (including but not limited to copyright laws).
2.5 You also understand and acknowledge that the use of the Site requires internet and/or mobile connectivity. You shall bear the costs incurred to access and use the Site and We shall not, under any circumstances whatsoever, be responsible or liable for such costs.
2.6 You shall be solely responsible for all activities undertaken through Your User Account, whether or not You have authorised such activities or actions and shall, at all times, keep EFG indemnified in this regard.
2.7 A breach or violation of any of the Terms will result in an immediate termination of Services and may result in reporting to the law enforcement agencies.
2.8 Some content on the Site is provided by various Campaign Owners that are enlisted. Such content has been reproduced after prior permission from the content owner i.e. the respective Campaign Owner and the copyright of such content will remain exclusively with such Campaign Owner. EFG does not assume any responsibility for any mistakes which might appear in such content.
(i) for any unlawful purpose;
(ii) to solicit others to perform or participate in any unlawful acts;
(iii) to violate any international, federal, provincial or State regulations, rules, laws, or applicable ordinances (including, for example, those governing financial services, consumer protection, unfair competition, anti-discrimination or false advertising);
(iv) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others including Campaign Owners;
(v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(vi) to submit false or misleading information;
(vii) use an anonymous proxy;
(viii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site and/or Service or of any related site, other electronic and/or digital platforms, or the internet;
(ix) to collect or track the personal information of others;
(x) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(xi) for any obscene or immoral purpose;
(xii) take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
(xiii) send or receive what we reasonably believe to be potentially fraudulent funds;
(xiv) refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
(xv) control a User Account that is linked to another User Account that has engaged in any of these restricted activities. Conduct your business or use the Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to EFG, a User, a third party or you; or
(xvi) to interfere with or circumvent the security features of the Service or any related platform, other platforms, or the internet. We reserve the right to terminate Your use of the Service or any related platform for violating any of the prohibited uses.
3. CONSENT TO ELECTRONIC DISCLOSURES
3.1 If You would like to proceed, You must consent to receiving from EFG following information and/or disclosures via electronic mail (“e-mail”) or the Site:
(iii) User Account information;
(vi) all other legal notices and communications and/or disclosures.
3.2 In order to receive this information through an electronic medium, You must have a computer or mobile smartphone with internet access and the ability to receive e-mail. Please be advised that some web browsers may not be supported.
4. ACCESSING AND USING EFG’S SITE
4.1 Anyone can access the Site. However, to make a contribution as a Donor or supporter, You will need to register by signing up and creating a User Account. To create an account, please go to the Sign-Up page. Whether using the standard registration process or registering using social login via Facebook, Twitter or Google, You will be asked to confirm your acceptance to these Terms.
4.2 Your use of the Site as a Campaign Owner and/or Project Manager is subject to additional provisions under Clause 6.2 Part A and Part B.
4.3 Your use of the Site as a Donor is subject to additional provisions under Clause 6.2 Part C.
4.4 EFG shall have the right to reject, cancel, interrupt, remove, or suspend any User, Campaign Owner or Campaign at any time at its sole discretion. You are not eligible to use Site if We have temporarily suspended or previously terminated Your access to Site and We have not expressly authorised you in writing to resume using Site.
5. USER ACCOUNT REGISTRATION
5.2 You must make sure that all the information You provide when You register on the Site is true, accurate, current and complete. If You change any of Your registration details (e.g. email address, postal address), You undertake to update Your User Account.
5.4 Your account is for Your personal use only. To help Us maintain the security of the Site, You must keep Your personal login information safe, private and secure at all times. This extends to:
(i) not allowing any other Person to use their login information or hold themselves out as You;
(ii) not disclosing, or allowing a copy to be discovered of the login information of the User; and
(iii) regularly updating any passwords or other unique identifiers used in conjunction with the login process to minimise the chance of misuse of login information.
5.5 You will be held responsible for all activities or consequences that occur under Your User Account (with or without your knowledge). If You become aware of any misuse or unauthorized use of Your User Account or login details, then You must inform Us immediately by sending an email to us at [email protected] and We will help You re-set your User Account. However, notwithstanding You intimate Us, You shall solely be responsible and accountable for all consequences of any such misuse or unauthorized use.
5.6 EFG accepts no liability for acts carried out by any Person using Your personal login information, and You indemnify EFG from any costs, expenses or damages paid or payable by EFG in connection with your breach of Clause 5.4 and 5.5 above.
5.7 In the event that You have, or We have reason to believe that You have breached these Terms, We may terminate or suspend Your registration and/or access to the Site and/or to any content made available on the Site.
5.8 You can request deletion of Your User Account at any time as long as You do not have any active Campaigns or any outstanding Donation relating to unexpired Campaigns You have supported. Please email us to request deletion of Your User Account.
5.9 We reserve the right to delete your account at any time at our sole discretion for any or no reason.
6. DESCRIPTION OF EFG’S SERVICES; DISCLAIMERS
6.1 EFG, inter alia, provides the following facilities and services depending upon the nature of User (e.g. visitor, Donor, Campaign Owner and Project Manager):
(a) enlisting various Campaigns, Projects and issues for Users, who have the option use the site to show their support by:
(i) liking and/or sharing Campaign, Project and Campaign Owner details on social media networks;
(ii) making Donation for Projects and issues that interest them; and
(iii) participating in dialogue by exchanging views regarding Campaigns, Projects and issues hosted on the Site.
(b) facilitating Donations by Donor to Project Manager through the payment gateway made available on the Site;
(c) observing the implementation of Project in line with stated objectives of Campaign through the mechanism provided under the Campaign / Project Management Agreement; and / or
(d) such other activity as, in EFG’s opinion, is required for effective implementation of Campaign and/or Project.(hereinafter, referred to as “Services”)
6.2 Services provided are subject to and in accordance with the provisions as set out below:
PART A: Creating Campaigns for Projects
(i) EFG selects Campaign Owners and Project Managers to be featured/hosted on the Site after exercising reasonable due diligence on a best effort basis Once selected, We invite Campaign Owners to use the Site as a platform for facilitating Donations and/or building support community for Campaigns and enable their User Account to such effect. We have the sole discretion to enlist/delist Campaign Owners to avail Services on the Site.
(iii) Hosting a Campaign: We have specific rules regarding nature of Campaigns that can be hosted on the Site. The Campaigns are in relation to Project that are for social good. The important considerations include, but are not limited to the following:
(a) We do not host Campaigns that involve loans, investments, equity, shares, contributions for any illegal activities or anything related to a criminal investigation; or for raising funds for self-medical expenses or to buy real estate, or pre-sell stakes or holidays in properties. Campaign Owner shall not, directly or indirectly, run or be associated with any other crowd-funding campaign on any other website or platform, whether in India or abroad, with respect to any Campaign, while running a Campaign on EGF in respect of such Campaign.
(b) Campaign Owner may be permitted to run multiple Campaigns on the Site with respect to one or more Projects at our sole discretion.
(c) The minimum Funding Period is 30 days and the maximum is 120 days unless specifically agreed by Us otherwise in writing. The Funding Period for each Campaign may, however, vary within this range.
(d) The Campaign Owner shall, at all times, engage with and keep Donors updated about the progress of the Campaign, including the causes or reasons for any delays. While creating the Campaign on the Site, Campaign Owner needs to commit to an update frequency that they will conform to after the successful completion of the Campaign.
(e) Once the Campaign has commenced, Campaign Owner cannot change the Project, Funding Goal or Funding Period of the Campaign without consulting EFG and seeking its approval in writing. The Campaign Owner, however, is permitted to change/upgrade Recognitions for the said Campaign, if any, before any donations are made.
(f) We have specific rules regarding the types of Recognitions that a Campaign Owner can offer to Donors as incentive/appreciation for their donation. These can be tangible goods (any product created as a result of the support – organic produce/jam/pickle by an NGO run by rural women who required donations; vouchers offered by any corporate partner also supporting the said Campaign) and intangibles like electronic wishes, thank-you videos, certificate of appreciation etc.
(g) Recognitions under no circumstances whatsoever shall be financial (e.g. – profit share, revenue share, interest on amount contributed, ownership/equity stake in lieu of Funding, etc).
(h) Recognitions should not be counterfeited products or products that infringe on the trademarks or copyrights of any other company, brand, manufacturer, etc. or anything related to a criminal investigation.
(i) Campaign Owner cannot offer contrabands and /or items whose sale is restricted e.eg. tobacco, drugs or drug paraphernalia, contests, raffles, firearms, weapons, knives, weapon accessories or replicas of weapons and manufactured products which do not meet India’s safety guidelines (i.e. ISI).
PART B: Implementation of Projects and Responsibilities of Project Manager
As a Project Manager, You shall:
(i) Apply any funds you receive from Donors solely and directly for the purposes of Project as made known on Site during Campaign;
(ii) Meet all commitments made by You and/or by Campaign Owner in Your Campaign including, but not limited to, delivering all Recognitions offered by you to Donors at the time of running Campaign;
(iii) Promptly and accurately respond in full and to our satisfaction to all queries, clarifications or requests made by EFG and/or any Donor;
(iv) Not use any personal information available with You in connection with a Donor for any reason other than fulfilling a Recognition or contacting them in relation to Project for which they have made a Donation;
(v) Before accepting any Donation, provide all details with respect the tax exemption details for Donor (if applicable) and send applicable tax exemption certificates to Donor (if applicable) with respect to Donation within reasonable time limits;
(vi) Comply with all applicable laws and regulations, including without limitation any tax obligations, in relation to Your Campaign and Project and Your use of Donations;
(vii) Not take (or refrain from taking) any action or make any business or other decision in reliance on having Your Campaign posted on the Site or on presumption or receiving any Donation until You have the received the Total Funds Raised into the designated bank account for the Project; and
(viii) Comply with all the terms and condition of the Campaign /Project Management Agreement.
PART C: Donations and Obligations of Donor
(i) The Site provides a technology platform to allow Campaign Owners to connect with Donors and facilitate an agreement between Campaign Owners/Project Manager and Donors for Donation. A contract amongst Donor Project Manager and/or Campaign Owner is concluded upon the receipt of Donation by Project Manager. Consequently, We are not a party to the contract between the Campaign Owner and/or Project Manager and Donor. You are requested to not make any Donation for a Project You may think is violative of these Terms including guidelines provided for Campaign Owner and Project Managers in Part A and Part B of this Clause 6.2 of Terms.
(ii) EFG as a facilitator of Projects: You understand that EFG is merely a facilitator for hosting Campaigns. And Campaign Owner is responsible for organising Campaign and the Project Manager is responsible for implementing Project to which You have donated. EFG shall make every reasonable effort to ensure that the Donation is utilised for the purpose which is specified in the Project description. However, it cannot be held responsible in relation to the same.
(iii) Donation utilization and Progress Reports: EFG strives to provide periodic updates on Project progress (“Progress Report/s”) with respect to the utilization of Donations made by You within reasonable time limits. The time period for Progress Reports may vary depending on the nature of the Project and the utilization of donation.
(vi) Tax exemption certificates: Before making any Donation, You are requested to go through the tax exemption details displayed under Project description content available on the Site. EFG requires that Project Managers and/or Campaign Owners registered on the Site send applicable tax exemption certificates to You within reasonable time limits.
(v) If you choose to contribute towards a Campaign, You acknowledge that Your donation does not entitle you to any rights in or to any Campaign, including any ownership, control or intellectual property rights.
(vi) Making a Donation:
(a) If You are a first-time donor, You are required to create Your User Account on the Site before proceeding to make the donation. If you have previously donated in relation to a Campaign or have a prior existing User Account or a first-time Donor, You can make a Donation by visiting the Campaign page, selecting the amount you wish to contribute, choosing your payment method and making the payment.
(b) Once you have confirmed the amount you wish to donate, You will be re-directed to our payment gateway provider for making the payment. The terms and conditions of the payment gateway relating to the provision of the payment gateway services will apply to the Donations you make using them. Donations are processed by Our payment gateway service provider(s) – PayTM. You are liable in the event you violate any of the terms and conditions of such third party in making Your Donation. EFG shall not be responsible for any such errors or default in making Your Donations. Please see the terms and conditions that will apply to the processing of the Donation. Any personal information you provide to the payment gateway providers will be processed in accordance with their privacy policies and not Ours.
(c) You can make the Donation on the Site by using numerous payment methods including credit or debit cards, net-banking, pre-paid wallet etc. and the applicable payment gateway charges will be deducted from the amount of Donation You make.
(d) Your name will be made publicly available in connection with each Campaign in relation to which You donate under the respective Campaign page unless You choose to make a Donation anonymously; in which case your information will not be published on the Site except for your rating, when the Donation was made, and the amount donated. However, Your information will be with the Campaign Owner for sending a receipt and tax exemption certificate, and Recognition, if any.
(e) You will receive an e-mail confirming your Donation to the respective live Campaign for a Project. This is the final confirmation of Your Donation. If you do not receive the confirmation e-mail within one business day of making the Donation, please contact EFG at [email protected] immediately.
(vii) Refunding a Donation:
(a) All Donations made through EFG on this Site are NON-REFUNDABLE. Donations made in error will not be refunded. If You believe that a Donation may be unauthorised, please contact [email protected] immediately and We will investigate. If there are justifying reasons or circumstances for refund, Your case may be reviewed on a best effort basis and decision of EFG will be final in this regard.
(viii) If a Campaign for which you have made a Donation is under the All Or None scheme and has failed to meet its Funding Goal at the end of the Funding Period or extended Funding Period shall, subject to the sole discretion of EFG, be: (a) set aside for an extended period of one month during which Campaign Owner shall try to achieve Funding Goal through other legitimate means; or (b) made available by EFG to the said Campaign Owner for any cause or issue similar in subject matter of the original Campaign after intimating Donors about such change. Donor Obligations: As a Donor, You are expected to:
(a) Provide feedback and/or rating on Campaigns, which you donate to. If required, You may revise the same basis updates shared by Campaign Owners, Project Manager or EFG. The ratings are combined, averaged and displayed as the “Popularity Rating” for each Campaign.
(b) Be aware of the following Terms with respect to the publication and sharing of Your personal information or User Information, as the case may be, with Campaign Owners:
(ix) EFG reserves the right at any time, from time to time, to modify or discontinue, temporarily or permanently the donation facility with or without notice.
7. ANTI-MONEY LAUNDERING (AML) POLICY
We comply with the Anti-Money Laundering (AML) guidelines established by the Reserve Bank of India, vide it’s circular RPCD.RRB.RCB.AML.BC.No.02/07.51.018/2014-15 on 1 July, 2014 and updated from time to time. The guidelines include, but is not limited to, the following salient conditions:
7.1 (i) Every Campaign Organizer has to verify their identity per the Know Your Customer (KYC) in the guidelines. This includes verification of registered mobile number via a One Time Password (OTP), and may also include one of the identification documents viz. Permanent Account Number, Aadhar Card, Passport, Driving License, Voter Id . recognised by the Reserve Bank of India. The list of such registered documents will be updated on effortsforgood.org site, at its sole discretion, from time to time.
(ii) Every Recipient has to verify his/her identity per the Know Your Customer (KYC) in the guidelines. This includes verification of registered mobile number via a One Time Password (OTP), and may also include one of the identification documents viz. Permanent Account Number, Aadhar Number, Passport, Driving License, Voter Id, etc., recognised by the Reserve Bank of India. The list of such registered documents will be updated on effortsforgood.org site, at its sole discretion, from time to time.
(iii) The verification will be essential to withdraw funds from Efforts For Good, and may be asked by Efforts For Good, at its sole discretion, during the course of a campaign. Failure to comply, may result in cancellation of a fundraising campaign, and funds may be returned to donors in such a scenario.
(iv) Campaign Organizers may not create multiple Campaigns without proof of meeting fulfillment obligations from the original Campaign.
(v) Failure to adequately fulfill Campaign obligations may result in Efforts For Good removing the Campaign(s) and seeking reimbursement of Campaign funds raised, including by using third-party collection services. Only the Campaign Owner shall be permitted to collect Campaign funds.
(vi) Campaign Owners and Recipients are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with Campaign Owners and/or Recipients.
(viii) Efforts For Good may attempt to verify the identity and other information provided to us by Campaign Owners, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Campaign Owner eligibility is subject to Efforts For Good’s review of the fulfillment status of prior crowdfunding obligations.
(ix) Taxing authorities may classify funds raised on the Services as taxable income to the Campaign Owner and any Recipient who will receive funds directly from the applicable Campaign. Efforts For Good will ask for the personal account number / tax identification number (PAN) of Campaign Owners and any beneficiaries and/or Recipients so that we may report taxable income to the relevant taxing authorities.
7.2 For contributors on effortsforgood.org, only standard channels of payment – verified credit or debit cards, netbanking, bank transfers, cheque, prepaid instruments such as wallets, Unified Payment Interface 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.
7.3 Recipients (campaign organisers, whether individuals or organizations) will comply with foreign exchange rules as explained by the Foreign Exchange Management Act of the RBI. Any failure to do so may result in cancellation of fundraiser, and refund of donations, to the cancelled fundraiser, to respective donors.
AML policies will be updated time to time at the sole discretion of Efforts For Good.
8. MAKING AVAILABLE THE DONATIONS FOR PROJECT AND OUR SERVICE FEES
8.1 Donation received with respect to a Campaign is kept in a separate account by the Site till the end of the Funding Period or the cut off of the Campaign pursuant to achieving Funding Goal or the stretched Funding Goal, as the case may be. Upon which, the Total Funds Raised deducted by our Fees is made available to the designated bank account of Project Manager for implementation of Project.
8.2 EFG’s platform fee is ZERO percent. We don’t charge any platform fee to Campaign Owners and/or Project Manager for the use of the Site’s Services.
However, fees are applied only if the campaign owners opt for EFG’s campaign amplification services.
8.3 The Site only facilities receiving and accepting Indian National Rupees in Indian Bank Accounts and does not facilitate and acceptance in foreign exchange and/or any international fund transfer service. The Site provides detailed information with regard to every Donor to the Campaign Owner: Donor Name, Address, Nationality, Email Id, Contact Number, and amount of Donation.
8.4 We shall have sole discretion to cancel, remove or suspend Campaigns or Donations that We, or our third-party payment gateway providers, believe to be involved in money laundering. We, or our payment gateway providers, may, at our sole discretion, also perform any enquiry or examination before any funds are distributed to You and You agree to cooperate with Us in this regard. We will not be liable to you for any losses that you suffer or incur as a result of us taking any of the actions as mentioned in this paragraph.
8.5 We may offer certain portions of our Services at no charge and others for a one-time fee, on a transaction basis or under any other lawful pricing structure. In all instances, our Services are not being sold to You; rather, You are being granted or purchasing a limited license to use Our Services. In addition, unless otherwise specified, the use of any of Our paid Services does not transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.).
8.6 EFG also recovers credit card processing fees from Total Funds Raised. These are currently at the market rate of [Insert %] (including GST) + INR (including GST) per transaction for Visa and Master Card, and [Insert %] (including GST) for American Express. These fees are subject to change without notice. Donations to multiple Campaign Owners in a transaction may incur an additional [Insert %] fee per Campaign.
8.7 An example of the way this fee structure works for a Donation to a Campaign through this Site is as follows:
|Administration fee of [Insert %]|
|GST @ [Insert %]|
|Credit card processing fee [2%]|
|Credit card fee per transaction|
|Donation to Campaign|
|Campaign Owner Reclaim GST|
|Total Net Amount to Campaign Owner|
9. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
9.1 Even though We make Our best efforts to ensure that the information provided by EFG on the Site is accurate and relevant, We do not guarantee the accuracy, correctness and/or relevancy of such information. The information on the Site may not be exhaustive or comprehensive.
9.2 There may, occasionally, be information on the Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information on the Site at any time without prior notice.
9.3 We reserve the right to modify the contents of the Site at any time, but We have no obligation to update any information on the Site. You agree that it is Your responsibility to monitor changes to the Site.
10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
10.1 EFG endeavours to provide a web/digital platform for various community interactions for persons to interact, exchange views with each other and facilitate/mobilise their support for various Projects. The Site enables specific submissions from Users with or without a request from Us including comments, creative ideas, suggestions, proposals, plans or other materials, whether online/digitally on the Site, by e-mail, by postal mail, or otherwise (collectively, “User Content”).
10.2 You understand and agree that User Content posted on the Site is by general public, therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services / accessing such User Content, You may be exposed to objectionable matter. Accordingly, We are and shall be under no obligation to:
(i) maintain any User Content in confidence;
(ii) pay compensation for any User Content; or
(iii) respond to any User Content.
10.3 You hereby agree not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, pervasive, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. You may also not indulge in cyber stalking, become or create a nuisance for any visitor / user of the Site.
10.4 You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Site, or other user’s ability to engage in real time exchanges.
11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY AND INDEMNITY BY USER
11.1 We do not guarantee, represent or warrant that your use and access to the Site, the Services provided by EFG through the Site will be uninterrupted, timely, secure or error-free.
11.2 We do not warrant that the results that may be obtained from the use of Services will be accurate or reliable.
11.3 You agree that from time to time We may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to You.
11.4 You expressly agree that Your use of, or inability to use, the service is at Your sole risk. The services provided to You through the Service are (except as expressly stated by us) provided on an ‘as is basis’ and ‘as available’ for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
11.5 In no case shall EFG, Our partners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost business, lost revenue, lost savings, loss of data, replacement costs, or any similar damages or failure of security, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the Service, or for any other claim related in any way to:
(i) use of the Site by any User;
(ii) representations or activities of a User on or through the Site, whether acting with or without the authorisation of a Campaign Owners; or
(iii) representations, opinions or activities of Campaign Owners/ Project Managers made on or through the Site.
11.6 User shall indemnify and hold EFG, its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies harmless from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses including legal fees and costs made by any third party due to or arising out of or in connection with:
11.7 Your use or misuse of Our Services;
(i) User Content provided by You or through use of Your (ii) User Account;
(iii) any actual or alleged violation or breach by You of these Terms;
(iv) any actual or alleged breach of any representation, warranty, or covenant that You have made to Us; or
(v) Your acts or omissions.
11.7 You agree to cooperate fully with us in the defence of any claim that is the subject of your obligations hereunder.
11.8 Your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any Content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. In States or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
12.1 The obligations and liabilities of the Parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
12.3 Suspension of Services by EFG: You agree and acknowledge that EFG reserves the right to suspend and/or terminate the: (a) provision of any or all Services; (b) User Account; and/ or (c) access to entire and/or any part of the Site:
(ii) If You have provided any false, incomplete, inaccurate or misleading information or otherwise engaged in fraudulent or illegal conduct;
(iii) If a Person other than User attempting to access the User Account, and/or somebody else presents identical credentials in attempts to open another User Account;
(iv) if EFG is mandated to do so under law and instructions from Governmental Authority;
(vi) for any suspected violation of any rules, regulations, orders, directions, notifications issued by Governmental Authority from time to time;
(vii) due to technical failure, modification, up gradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons; and/or
(viii) for any other reason that EFG may deem appropriate.
13. OPTIONAL TOOLS
13.1 We may provide You with access to third-party tools which We neither monitor nor have any control over nor do We provide any input.
13.2 You acknowledge and agree that we provide access to such tools on an “as is basis” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
13.3 Any use by You of optional tools offered through the Site is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
14. THIRD-PARTY LINKS
14.1 Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Site may direct You to third-party sites or platforms that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or platforms, or for any other materials, products, or services of third-parties.
14.2 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, Content, or any other transactions made in connection with any third-party platforms. Please review carefully the third-party’s policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
15. AMENDMENT; ADDITIONAL TERMS
16. GOVERNING LAW AND JURISDICTION
17.2 Disclosures Required by Law: EFG reserves the right to disclose information when required by law. We will disclose such information wherein We have a good-faith belief that it is necessary to comply with a court order, ongoing judicial proceeding, or other legal process served on Us or to exercise Our legal rights or defend against legal claims.
17.3 Communications: When You send e-mails to Us, You understand and agree that You are communicating with Us through electronic records. You agree to receive communications, including periodic newsletters, via electronic records by Us, as and when required. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that is required of such communication in writing. You undertake to maintain Your e-mail address for all communications with Us. If We are desirous of communicating with You, We shall send it to the e-mail address provided and updated by You and it shall be deemed to have been received by You once it is reflected as sent in the outbox of Our e-mail ID.
DONOR TERMS AND CONDITIONS
These Donor terms are reproduced here for ease of reference. They should be read together with the Terms and Conditions [insert hyperlink to main T&C] to the extent applicable to Donors.
Capitalised terms used herein and not defined shall have the meaning so ascribed in Terms [again, insert hyperlink to main T&C].
Donations and Obligations of Donor
CAMPAIGN OWNER / PROJECT MANAGER TERMS AND CONDITIONS
These Campaign Owner / Project Manager terms are reproduced here for ease of reference. They should be read together with the Terms and Conditions [insert hyperlink to main T&C] to the extent applicable to Campaign Owners / Project Managers.
Capitalised terms used herein and not defined shall have the meaning so ascribed in Terms [again, insert hyperlink to main T&C].
Creating Campaigns for Projects
Implementation of Projects and Responsibilities of Project Manager
As a Project Manager, You shall: