Last updated: April 12, 2015
Welcome to Impact Guru.
Please read these terms and conditions (“Terms”) which govern your use of the website(s), www.impactguru.com (“Website”), and the services offered therein (the “Services”).
These Terms are a legally binding contract between Impact Guru Foundation (referred to as “IG / We / Us”) and the user of the Website and / or the service provided therein (hereinafter referred to as "You" "Your" "Yourself" or “User” or “Users” or “Member”).
If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at email@example.com.
By: (i) creating an account on the Website; (ii) signing up on the Website; and /or (ii) making use of the feature of the Website or the Services available therein, You agree and acknowledge that (i) You are eligible to contact with Us, (ii) have read the Terms; and (iii) You agree to be bound by the Terms.
If you do not agree to be bound by the Terms, please do not access or use the Website.
I. Features And Services Of The Website
- The Website is an online crowd funding or fundraising platform that allows Users who comply with IG’s policies to raise funds for charitable purposes. IG allows Users (whether as individuals, groups or organizations) to raise funds for the programs of approved non-profits (“NGO Partners”) through charitable donations or offering products and services ("Rewards"). Those of You who start a fund raiser are referred to as a "Project Creator" or “Campaign Creator” or “Campaigner” in these Terms for ease of reference. At times. NGO Partners can also start a fund raiser. In such a case, unless the context otherwise requires, reference to "Project Creator" or “Campaign Creator” or “Campaigner” shall refer to NGO Partners as well. You can also be a “Project Supporter” by contributing to a particular fund raiser on the Website (whether started by any NGO Partner or Project Creator).
- You should know that IG (either itself or through its affiliate entity) conducts a thorough due diligence on the NGOs, before listing them as a NGO Partner on the Website, so you can be assured about the genuineness of the NGO Partner as well as the causes they support.
- By using the Services of this Website, You can create / start a fund raiser for the NGO Partners and support their cause, i.e., be a Project Creator. To know more about how to start a fund raiser, please refer to link https://www.impactguru.com/how-it-works. You can also contribute to a fund raiser, i.e., be a Project Supporter.
- You hereby agree that IG is only a platform and acts as a facilitator of services, wherein it provides an opportunity to Project Supporters and Project Creators to contribute to and support the cause of NGO Partners. As part of its Services, IG collects the monies received from the various Project Supporters in its account, deducts administrative expenses or service fees and pays the balance monies to the relevant NGO Partner.
- Given that IG is only a platform, IG has no control over the quality, safety, morality or legality of the nature of a fund raiser, the content of the fund raiser or the promotional activities that may be carried out by the Campaigner and/or relevant NGO Partner (in case where the Campaigner is different from the NGO Partner) in respect of any fund raiser, the nature of Rewards offered to the Project Supporters, the truth or accuracy of the offerings and/or the ability of Project Creator to give the Rewards. Likewise, IG does not guarantee the ability of any Project Supporter to pay for the fund raiser or grant the Rewards promised by Project Creator. IG is, thus, not responsible for unsatisfactory or delayed performance of the payments to NGO Partners or Rewards to Project Supporters. Further, IG cannot guarantee the true identity, age and nationality of a member who is using the Website or making a donation / contribution due to the nature of online transactions. IG, thus, disclaims all liability or accountability with respect to the transaction between Project Supporter and a Project Creator.
- IG hereby reserves the right to change any or all of the Terms herein contained as per its requirements from time to time and that it is Your duty to periodically check for any updates on the same. IG is not duty bound to inform You of any update. In the event of such change and subsequent change(s) to the Terms, the Terms shall be deemed to have been suitably amended, modified and updated so as to give effect to such changes. Continued usage of the Website and / or any services offered thereto would mean that You consent and agree to be bound by the prevailing guidelines.
- IG reserves the right to introduce, modify or cease to offer any or all the Services provided by it from time to time in its sole discretion. Any or all Services may be stopped by IG at any time without the obligation to notify You.
- All content and information on the Website may be changed or updated without notice. IG may also make changes or improvements to the Website at any time without notice.
- At times, the Website or any Services offered by IG may not be available due to upkeep and maintenance purposes or for reasons beyond IG’s control for which IG shall not be bound to give you any intimation.
II. Eligibility For Use Of Website
- You can use the Website, its features or the Services provided therein only if You sign up / register on the Website. Please refer to Section III below for details.
- You can access the Website without signing up; however, your access to certain sections of the Website and Services could be restricted.
- You should use the Website only if you are an Indian citizen who is legally eligible to enter into contracts under the Indian laws. The Website and Services are intended for use by individuals 13 years of age or older. If You are under 18, You may use the Website only with consent of a parent or legal guardian who agrees to be bound by these Terms.
- If You are accessing the Website 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.
- You should access or use the Website only from those jurisdictions from where the Website can be accessed legally.
- IG may, in its sole discretion, refuse to accept Your registration on the Website or offer the Services of the Website at any time, for any reason.
III. Signing Up On The Website
- To use the Services offered by IG, You are required to create an account on the Website by registering your email address and details with us. Alternatively, You can use Your social networking profile, such as Facebook, Twitter or Google credentials as your login preference.
- We are committed to respecting Your privacy. Therefore, even if you register on the Website using Your social networking credentials, the Website does not post or publish anything on your social networking profile without your permission. Also, please note that most of the social networking sites have a standard login procedure, which You must follow as a user; IG has no control over such login procedures.
- You agree that certain basic information that you provide on the Website can be accessed by third parties and may show up in search engines. By using the Website, You expressly consent to such search engines sourcing your information and displaying such information on the search engine’s website. IG does not control the manner in which such information is displayed or made available.
- While creating an account, You 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.
- IG reserves the right, in its sole discretion, to refuse registration or cancel registration at any time and for any reason.
- 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. IG shall not be responsible for the loss of your password. While IG’s automated engines may assist you in recollection or retrieval of your password, IG does not warrant that your password will be retrieved.
- If You provide any information that is untrue, inaccurate, not current or incomplete or if IG has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms, IG has the right to indefinitely suspend or terminate your account with IG and refuse to provide you with access to the Website or other Services offered by IG.
- You are responsible for all the content that you post on the Website and must ensure appropriateness and conformity to the Terms and applicable laws.
- You may deactivate your account at any time you desire, in which case Your profile information, including your name, contact details and profile picture uploaded by You, will be deleted from our database immediately upon deactivation. 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. IG has no control over the search results that show up in such third party engines or websites.
- You should not create more than one personal profile. If you have created more than one login, IG reserves the right to delete or disable such additional, or all logins, at its sole discretion. Further, you should not share your password, let anyone else access your account, or do anything else that may jeopardize the security of your account.
- The account created by You is personal to You and cannot be transferred.
IV. Conditions For Use Of The Website And The Services Provided
- You agree to use the Website and Services only for lawful purposes. Further, You agree not to take any action that might compromise the security of the Website or the Services, or render the Website or Services inaccessible to others or otherwise cause damage to the Website or Services.
- You agree not to add to, subtract from, or otherwise modify the Website or to attempt to access any Services or to use the Website or the Services in any manner that might interfere with the rights of third parties. IG reserves the right to monitor your use of the Website as well as the fund raisers offered by You by use of the Services availed from the Website.
- Use of this Website and the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.
- You expressly acknowledge and agree that the Website is a platform to raise funds for the cause of the NGO Partners listed on the Website. Use of the Website for any commercial purposes is absolutely prohibited. Unauthorized commercial advertisements, affiliate links and other forms of solicitation may be removed from User profiles without notice and may result in termination of account.
While using this Website or the Services, you shall not host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which you don’t have any right;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes the intellectual property or intellectual property rights in the Website, its technology and/ or its Services;
- infringes any intellectual property rights of any third party;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
- use the Website or its Services to defame, abuse, solicit, harass, stalk, threaten or otherwise violate the legal rights of any person;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any person;
- reverse engineer, decompile, disassemble, copy, reproduce, distribute, sell, modify, transmit, perform, publish or create any derivative work from or in any way exploit the Website or its Services for any commercial purpose without express written consent of IG or as permitted by the Terms;
- store and/or display and/or publish any adult or offensive content, which without limitation includes pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult content" is left entirely to IG’s discretion;
- attacks or attempt to gain unauthorized access to servers and services that belong to IG (i.e. computer hacking) or engage in any network abuse;
- participate in a behavior which affect users' access to the Website or Service;
- By using the Website and/ or the Services, you agree to accept, unconditionally, the complete liability for any action arising from your use of the Website and/or Services in any jurisdiction. IG reserves the right to take appropriate action, including suspension or termination of your account if IG has reasonable grounds to believe or is made aware that You are using the Website or the Services in a manner that is in breach of the Terms or applicable laws. In addition, you agree, unconditionally, to indemnify IG from any liability or cost arising from any action or inaction by you with respect to your use of the Website or Services.
- You are solely responsible for the content and information shared by You on the Website, specifically the content You post or upload as part of the fund raiser, including but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (“Content”). IG does not endorse and has no or limited control over such Content. Content is not necessarily reviewed by IG prior to posting and does not necessarily reflect the opinions or policies of IG. IG makes no warranties, express or implied, as to the Content or to the accuracy, integrity and reliability of the Content or any material or information that you transmit to other Users. Because community and morality standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our Website, You may be exposed to Content that you find offensive or objectionable. You can contact our Customer Service Department at firstname.lastname@example.org to let us know of Content that you find objectionable or go to Report Abuse https://www.impactguru.com/report-abuse page.
- We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to, issuing warnings, removing the Content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action.
- You agree that by providing Content on the Website, you are hereby granting IG a worldwide, royalty-free, perpetual, irrevocable, transferable license to use all such Content in the course of IG offering Services pertaining to the Website, specifically with respect to Your fund raiser. Furthermore, you understand that IG retains the right to reformat, excerpt or translate any Content submitted by You. You waive any and all moral rights that may subsist in any Content that you provide to IG.
- You understand that all Content publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such Content originated and that IG shall not be responsible or liable for any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of, access to or denial of access to any Content on this Website.
- IG may delete any Content that, in the sole judgment of IG, violates these Terms or which may be offensive, illegal, violate the rights of, harm, or threaten the safety of any person.
- IG assumes no responsibility for monitoring the Website for inappropriate Content or conduct, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the User submitting any such Content.
Specific Conditions For Project Supporters:
The following terms are applicable for the Project Supporters in addition to the general terms:
- Contributions on the Website can be made by Project Supporters by clicking on the Donate / Contribute buttons available on the page of fundraisers on the Website or by browsing the ‘Explore Fundraiser’ page https://www.impactguru.com/fundraiser and following the necessary steps.
- A contribution is a voluntary donation / payment made by a Project Supporter to a project’s campaign running on the Website for the purpose of raising funds for a particular social cause. Neither does the Project Supporter make the contribution for any monetary returns like equity or profit share in the project, nor is his/her contribution considered a loan to the project or its Campaigner.
- Your contributions will go to the NGO Partner chosen by Campaigner in its fundraiser (in cases where the Campaigner is different from the NGO Partner), and will be utilized by the NGO Partner in the form as prescribed in the fundraising campaign. IG only acts as the facilitator platform which helps You in starting the fundraiser and collects the monies received in a fund raiser for the purpose of onward payment to the NGO Partners. IG is not responsible, in any manner, for the end utilization of the contributions, except when IG itself is the NGO Partner. IG and the payment gateway will deduct their administrative costs or service fees and applicable taxes before providing the funds to the NGO Partner.
- You can donate / contribute to any fundraiser on the Website using a number of payment methods including but not limited to credit or debit cards, cheques, and cash on delivery.
- Any receipt or Tax Deduction Certificate for the purpose of Your contributions will be issued by IG to the extent of the funds received. Any receipt or Tax Deduction Certificate for the purpose of Your contributions if issued by a NGO Partner will be issued to the extent of the funds received, post deduction by IG and the payment gateway of the administration fees or service charges and applicable taxes. Whether such receipt will be provided has been clearly mentioned in the fundraising page and You have understood the same. IG will not be responsible for facilitating any Tax Deduction Certificates or benefits that are disclosed on a fundraiser page.
- As a Project Supporter, You agree to have sufficient funds or credit during making a contribution for a fund raiser. You may note that information such as credit and debit card related details are not provided to IG or the Website by the online payment gateway, nor are such details stored by the Website. Thus, your financial details remain confidential. IG as a platform is 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.
- As a Project Supporter, You hereby authorize the Website to provide Project Creators and NGO Partners with Your name, contact and other relevant details for the purpose of delivering Rewards or for the purpose of contacting You regarding queries or updates regarding the relevant funded project. You also authorize the Website to publish Your name and image (if logged in through Facebook/Twitter/Google) on the ‘Contributor’ section of the campaign that is funded by You. However, You can choose to be “Anonymous”, if You don’t wish to make Your name public.
- Although IG’s Website allows Project Supporters to be shown as Anonymous if selected, IG’s payment gateway providers, and the chosen beneficiary (NGO Partner) will know of Your true identity. If You choose a Reward but chose to be shown as Anonymous, a Project Creator may not be able to offer you the Reward that you have chosen.
- By providing Your contact details, You agree to receive regular updates about the future crowdfunding campaigns on the Website through newsletters. You can always choose to unsubscribe if you do not wish to receive the Website’s newsletter and other notifications.
- You agree and acknowledge that You are aware that IG has no responsibility to verify the accuracy of any statement and/or information furnished by the Campaigner with respect to any campaign pursuant to which the Project Supporter has made a contribution. As a Project Supporter, you are free to conduct an independent due diligence with respect to any information/campaign listed by the Campaigner before making any donations on the Website. IG shall not be responsible in any manner for any misrepresentation and/or false information that may be listed on the Website.
Campaigners: General Conditions
- Any Campaigner (which is not a NGO Partner) who intends to further the cause of the NGO Partner may host a fund raiser on the Website in accordance with the rules and policies which are mentioned in the Terms.
- In order to start a fund raiser, You should first sign up on the Website.
- For starting a fund raiser, You are required to provide the details of the fund raiser by providing the information which can be found at
https://www.impactguru.com/fundraiser/create/ and fulfill all the requisitions as mentioned therein and its subsequent steps. At times, NGO Partners may also have certain preferences or restrictions with respect to the individuals or organizations who may start a fundraiser for a NGO Partner.
- Upon submission of the information (as mentioned above) for review, IG will review the details provided therein and decide if the fund raiser can be hosted on the Website. IG’s decisions and recommendations given to the Campaigner with respect to any fund raiser shall be taken into account by the Campaigner and implemented with respect to the relevant fund raiser.
- You are not permitted to make any changes to the details of the fund raiser campaign after it has received the approval of IG. IG may, in exceptional circumstances, allow changes to be made to the fund raiser campaign if You inform IG about the change in circumstances and IG is convinced that the reason warrants the changes to be made in the fund raiser campaign. Campaigners are not allowed to change the funding goal and time period of the fundraiser that they specify after the first successful donation on their fundraising page.
- IG does not provide any guarantee in any way whatsoever on the amount of potential contributions that could be received for a fundraiser created by Campaigner.
- This fund-raising page created by the Campaigner on the Website will be available to the general public for contributions for a fixed number of days. If the Campaigner is not able to raise the targeted amount in the designated period, IG at its sole discretion may extend the tenor of hosting or may remove or suspend a fund-raising page.
- You understand and agree that the funds collected in a fund raiser are not owned by IG, unless IG it itself the NGO Partner. They are only collected by IG and are disbursed to the NGO Partner within two weeks after expiry of campaign after deducting necessary administrative expense or service fees.
- Campaigners are solely responsible for creating their own campaign pages within the format provided by IG. Campaigners must source all relevant Content themselves. You further agree that the Content or any other submission will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Website all of the license rights granted herein. You shall ensure that the information provided in the fundraisers created by You does not infringe upon the intellectual property or other proprietary rights or rights of publicity or privacy rights of third parties and that the information is in consonance with law. IG reserves the right to suspend or terminate a fund raiser at any point in time, with or without providing any reason to You.
- You are responsible for giving Rewards (products or services) to Project Supporters if such rewards are promised on fundraisers created by You. You are not responsible for giving Rewards to Project Supporters on projects created by other Project Creators such as NGO Partners (in cases where the NGO Partner is the Campaigner).
- Campaigners are solely responsible for marketing their campaign to through various online & offline channels. IG may only provide marketing guidance in the form of marketing tips & tricks pre and post campaign launch and the tools to promote your fundraiser on selected social media platforms. However, IG does not, under any circumstances whatsoever, guarantee campaign success. All risk in relation to the success or failure of the campaign shall lie solely with the Campaigner. Campaigners must include IG’s logo branding on all project and/or campaign related marketing collaterals, whether online or offline (e.g., online banners, offline flyers) as per IG’s brand and logo guidelines. IG should be credited as the project’s “Online Crowdfunding Partner” in all materials created or event related to the campaign.
- Campaigners or NGO Partners shall not, directly or indirectly, run or be associated with any other crowdfunding campaigns on any other platform while crowdfunding on the Website, for the same project.
- Once the funds required for a particular cause have been received in full, Campaigners will not be allowed to raise a separate new campaign/fundraiser for the same cause.
- IG reserves the right to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. IG is not liable for any damages as a result of any of those actions.
V. Financial Transactions
The Website offers various payment solutions and gateways to facilitate transaction of funds for fundraisers. However, it may be noted that IG:
- Is not the final recipient of all funds from the Project Supporters, but a service provider, which enables receipt of funds (domestic only) for various NGO Partner(s), who are the final recipient of funds, unless IG acts as a NGO Partner. The NGO Partners receive the funds after deduction of administrative charges and service fees by IG;
- Collects the funds in IG’s bank account(s) till the fundraiser is running for a time period chosen by the Project Creator. The funds are then transferred to the NGO Partner’s bank account on whose behalf the fundraiser is run, within 4 weeks after the fundraiser’s time period has ended;
- Makes refunds after deducting the necessary Transaction fees to the Project Supporter (under exceptional circumstances).
- Does not guarantee or generate donations and Project Supporters for a fundraiser;
- Does not guarantee that the target funds of a fundraiser will be raised fully or partially;
- Does not offer the platform to users for investing in a project for the purpose of equity, loans/debt, or profit sharing.
VI. Refunds And Cancellations
All donations/contributions made through IG are non-refundable. Please contact our customer service email at email@example.com immediately if there are extenuating circumstances and your case may be reviewed at our discretion.
IG may delay notifying the payment / transaction confirmation or a donation, if IG believes the transaction to be suspicious. In addition, IG may withhold the donation amount and inform law enforcement officials (instead of refunding the same to Project Supporter) at the request of such law enforcement officials or in the event the Project Supporter or NGO Partner for that matter, is engaged in any form of illegal activity.
IG may refund Your monies in the following circumstances provided You inform your financial institution and IG of the unauthorized payment as soon as possible and the result of the necessary investigations in relation to Your complaint establishes You are entitled to a refund:
- You allege that the payments made were the result of alleged forgery of Your account because of which the payment gateway provider or its associated banks rejects the transaction and/ or claim the refund of monies from Impact Guru;
- any contribution which is of a dubious nature, made by a contributor on a card which is not a valid card.
- Any contribution arising out of any alleged hacking, breach of security or encryption (if any) of the account/ password of the contributor.
VII. Donations / Contributions And Tax
Donations / contributions on IG can be made by clicking on the Donate / Contribute buttons available on the page of the relevant fund raiser and by following the necessary steps listed on the relevant page.
The minimum amount that you can donate on IG is Rs. 250. There are various charges incurred when you make a payment - including charges by credit card companies, banks and payment service providers. These charges vary depending on many factors including payment method and donation amount.
The online confirmation you receive immediately after you make your payment is considered as your receipt for that contribution. Please keep it for your records.
IG provides a receipt for all successfully processed payments on IG. These receipts contain a Transaction Number unique that can be verified by IG and are provided to Project Supporters as evidence of their donation.
Payments made to a NGO Partner will be given to that non-profit organization only and no substitution of payments between non-profit organizations shall be permitted.
You hereby acknowledge that IG has no control over the use of donations / contributions that are made to NGO Partners through this Website.
IG cannot guarantee that funds will be earmarked for a particular appeal, even if specifically stated by the NGO Partner itself
VIII. Pricing And Charges
IG does not charge any fee for browsing the Website or signing up for the Website. IG's fees are limited to the administrative costs or service fees (including payment gateway fees, platform / collection fees and transaction fees, wire transfer, currency exchange fees, and associated service taxes) which are charged to the NGO Partners on the funds raised on the Website. The amount raised by a fundraiser is shown before deduction of IG fees.
IG may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Website. In such an event, IG reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. In the event we introduce a new service, the fees for that service are effective immediately upon the launch of the service.
Project Supporters and Campaigners hereby give their consent and authorize IG to deduct the necessary commissions / administrative cost on the contributed amount before transferring the monies collected in a fund raiser to the relevant NGO Partner.
IX. Project Completion
IG does not oversee the performance of projects for which the funds are raised through the Website; neither does it guarantee the completion of projects. The responsibility of project completion solely lies with NGO Partner. Project Supporters, by making a contribution to a campaign on the Website, are assumed to have understood that projects run the risk of getting delayed or not completing being completed.
IG, it may provide updates to Your, regarding the use of Your contributions, if Your so request. In such a case, IG also reserves the right to connect You with the relevant NGO Partner so that You can seek necessary updates and clarifications from them.
However, IG is not responsible for any dissatisfaction You may have regarding the NGO Partner’s use of any donation you may make through the Website.
X. Dispute Between Campaigners And Project Supporters
IG 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 Website. 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 Website. You hereby release the Website, IG, 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 offered by third party accessing the Website.
You hereby indemnify and hold harmless IG and its officers, directors, employees, and agents, from and against any and all claims, demands, actions, costs, expenses, losses, liabilities and damages of every kind and nature (including reasonable attorney's fees), made by any third party and imposed upon or incurred by IG, directly or indirectly, due to or arising out of : (a) Your use of the Website and/or Services; (b) violation of the Terms or the Policies which are referred to herein; and / or (c) Your violation of any third-party rights, including but not limited to intellectual property rights.
Your obligation to indemnify IG as per this clause shall survive any termination or expiration of the Terms.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent Impact Guru may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Impact Guru’s liability will be the minimum permitted under such law.
IG DISCLAIMS ANY REPRESENTATION AND WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF (I) THE WEBSITE AND ITS SERVICES,; (II) THIRD PARTY PRODUCTS OR SERVICES ADVERTISED ON OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE WEBSITE OR THROUGH THE SERVICES; (III) ANY INFORMATION, CONTENT OR ADVICE RECEIVED THROUGH THE WEBSITE, LINKS OR SERVICES.
YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS” BASIS WITH NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
IG MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE WEBSITE OR SERVICES OR SERVER THAT MAY BE USED BY IG WILL BE UNINTERRUPTED, TIMELY, SECURE, PROBLEM-FREE, VIRUS FREE OR ERROR-FREE; (B) THE SERVICES THAT MAY BE OBTAINED FROM IG WILL BE RELIABLE; (C) THE QUALITY OF ANY SERVICES AVAILABLE FROM IG WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE WEBSITE OR SERVICES WILL BE CORRECTED.
IN ADDITION, IG WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, LOSS, CLAIM, EXPENSE OR COSTS IN RELATION TO ANY UNAUTHORIZED USE OF YOUR DEBIT OR CREDIT CARD OR ANY MISAPPROPRIATION OF PAYMENTS DUE TO USE OF ANY SERVICE OR THE WEBSITE.
XIII. Limitation Of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IG IS NOT LIABLE FOR ANY DIRECT, INDIRECT, REMOTE, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE SERVICES, EVEN IF IG HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (b) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOUR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (c) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
IN ANY EVENT IG’s LIABILITY ARISING OUT OF THESE THESE SHALL NOT EXCEED THE Rs 5,000.
XIV. Termination Of Use
In addition to the other grounds of suspension or termination of your account, IG has the right to terminate Your account in the following instances:
- IG may, in its discretion, at any point of time, with or without sufficient cause, either temporarily or indefinitely suspend your account or terminate Your access to the Service or any part thereof without waiving any other rights;
- If you use IG’s Services for any activity which is against the Terms or applicable laws;
- If any information provided by You is untrue, inaccurate, not current or incomplete, or IG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete;
- If you use IG’s Services for any activity that could adversely affect IG in or its Services in any way;
- If required by law enforcement and/or other agencies. In such a case, You shall be responsible for all charges, as well as any fees incurred by IG on account of engaging such law enforcement and other agencies.
Upon termination of the Terms:
- You will cease to have access to Your Account and all your information and data, therein;
- Any donations and/or payments paid to IG are non-refundable;
- The provisions of the Terms which by their nature are required to survive thereof, shall survive the termination of the Terms.
XV. Content And License
You agree that the Site contains Content provided by Impact Guru and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. Impact Guru grants to each User of the Site a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from Impact Guru, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
XVI. Intellectual Property Rights
The Website, IP, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code, look and feel and arrangement of content on the such Website, know-how, trade secrets, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks (collectively, the "Website IP") on the Website is used under license by IG. The Websites Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
By using this Website, it is expressly agreed that:
- The trademarks, logos and service marks displayed on the Website ("Marks") are the property of IG or its affiliates or the various Users using the Website, as the case may be. You are not permitted to use the Marks without the prior consent of the relevant party owning the Marks;
- Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from IG or thirty party owner of such Content;
- IG acknowledges that it will not have any ownership rights over Content submitted by You. However, you hereby grant IG a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub licensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, share, copy, feature, market, sell, distribute, and otherwise fully exploit the Content in connection with any fund raiser on the Website; (ii) take any action, as may be required, in relation to the Content to perform and market the Service; (iii) allow its Users to transmit, download, display, feature, share, distribute, collect, and otherwise use the Content in connection with the fund raiser; and (iv) use and publish, and permit others to use and publish, the content, names, likenesses, and personal and biographical materials of the Campaigner, in connection with the provision or marketing of Website. You also hereby grant IG the right to use Your name, identity, trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the Website, (b) IG’s (and its successors’ and assigns’) activities, (c) promoting, marketing, and redistributing part or all of the Website (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third-party websites). The foregoing license grant to IG does not affect your ownership or license rights in your Content, including the right to grant additional licenses to Your content;
- IG 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; and (iii) remove or block any User. IG reserves the right not to comment on the reasons for any of these actions;
- The use or other exploitation of Content by IG and Users as contemplated by this agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights;
- IG shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your Content. All information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which that content originated;
- IG reserves the right to ban repeat infringers of Intellectual property rights from using the Website.
XVII. Applicable Law & Jurisdiction
Any dispute or difference between the Parties arising out of, from or relating to anything contained in these Terms, shall be referred to and resolved by binding arbitration as per the provisions of the Arbitration and Conciliation Act, 1996 (‘Act’). The Parties shall be entitled to appoint one arbitrator with mutual consent within a period of 30 days from the date a dispute is raised, failing which the arbitrator will be appointed in accordance with the provisions of the Act.
The venue of arbitration shall be Mumbai, India, and the arbitration proceedings shall be conducted in English. The award of the arbitrator shall be final, conclusive and binding upon the Parties and non-appealable to the extent permitted by Applicable law. The Parties shall equally share the costs of the fees of the arbitrator, but shall independently bear the costs of their own legal counsel engaged for the purpose of the arbitration.
XVIII. General Provisions
This document is an electronic record in terms of Information Technology Act, 2000 and rules hereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The Terms constitute the entire agreement and understanding with respect to the subject matter hereof and supersedes all prior discussions or representations between Impact Guru and the User.
No waiver by IG of any breach of these Terms shall be construed as a waiver of any preceding or succeeding breach or any other right.
The User acknowledges and agrees that IG can freely assign this agreement any of its rights under these Terms to any person. The User shall however, not be entitled to assign these Terms in whole or in part to another person without the prior written approval of IG or as may be provided under these Terms.
INTEGRATION AND SEVERABILITY
These Terms and other referenced material are the entire agreement between you and the IG with respect to the subject matter hereto, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between us. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Although this Website and the Services may be accessible worldwide, we make no representation that Services on or this Website are appropriate or available for use in locations outside India. Those who choose to access this Website or use the Services from other locations outside India should do so at their own initiative and are responsible for compliance with local laws. Any offer for any service, and/or information made in connection with this Website or the Services is void, if such Service is prohibited by the local laws.
You acknowledge and agree that IG may send various communications to you as part of the Service including but not limited to updates about any fund raiser. Your acceptance of these Terms is deemed acceptance and agreement to receive communications from IG.
You shall not be deemed either directly or indirectly to be the employer, franchiser, contractor or principal of IG or of the associates, representatives, staff/employees of the IG and these Terms has been executed expressly and solely on a principal to principal arrangement.
Mr. Piyush Jain
101-102, 1st floor, Jewel Building,
Mama Parmanand Marg, Opera House
Mumbai -- 400004, India
Please report any violations of the Terms or send any questions or comments regarding this Website to firstname.lastname@example.org