Services Description: The Services are offered as a platform (the "Platform") to users of the Services, which may include Campaign Organizers (interchangeably used with "Champions"), Beneficiaries, Recipients and Donors (each defined herein) and other users of the Services (which may include users who interact with the Site or Services). Among other features, the Services are designed to allow a user (a "Campaign Organizer") to post a fundraising campaign ("Campaign") to the Platform to accept monetary donations ("Donations") from those userswishing to contribute funds to the Campaign ("Donors"). A Campaign Organizer maybe both, a Beneficiary and a Recipient, for any Campaign.
A “Beneficiary” includes an individual, a group of individuals, or any entitythat benefits from Donations through a Campaign, and a Recipient. A “Recipient” includes any individual or entity that is authorized by the Beneficiary through written means to receive Donations on behalf of the Beneficiary. Although there are no fees to set up a Campaign, a percentage of each Donation will be charged as fees for our Services and those of our third-party payment processors. Please see our Pricing section for details.
Charitable Giving: Campaigns, unless otherwise clearly stated by ipledgefor, are not charities to which you can make tax-deductible charitable contributions. However, in addition to the services described above, ipledgefor permits Donors to contribute to certain charitable organizations ("Charities") through the Platform. You understand and acknowledge that ipledgefor is not a charity, and ipledgefor does not solicit charitable donations for itself or for any third-party charitable institution. You, as a Campaign Organizer, represent and warrant that, youare not a charity as defined in Section 80G of the Income Tax Act 1961, as amended (the "Code"). If you or your charity would like to register to be listed as a charitable organization on the Platform, you can do so at the time of setting up a Campaign. As used in this Agreement, the term "Campaign" does not refer to a Charity, and you acknowledge that contributions to Campaigns are not deductible for Indian Income Tax deduction, unless your registered charity is authorized to issue tax-exempt certificates under Section 80G.
The Services are a Platform; We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. ipledgefor facilitates the Donation transaction between Champions and Donors but is not a party to any agreement between a Champion and a Donor, or between any user and a Charity. ipledgefor is not a broker, agent, financial institution, creditor or insurer for any user. ipledgefor has no control over the conduct of or any information provided by a Champion or a Charity, and ipledgefor hereby disclaims all liability in this regard. Anyone is free to report issues related to a Campaign on
ipledgefor, and ipledgefor will take necessary action to the best of its abilities.
ipledgefor does not guarantee that a Campaign or a Charity will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, Champion, or Charity, and we make no guarantee,explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign, Champion, or Charity. You can write to us for any clarification, and we shall make our best effort to share the information that we have.
While we try our best to do so, we cannot and do not verify 100% of the information that Champions supply. We try our best to see that Donations are used in accordance with the stated fundraising purpose; we also collect documents related to Campaigns before disbursing Donations to the Champion for Campaigns that raise more than INR 50,000, or in other cases that ipledgefor may determine, at its sole discretion. However, please understand that we cannot guarantee that 100% of the time Donations will be used in accordance with any fundraising purpose prescribed by a Champion or Charity. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws, and such responsibility rests solely with the Champion or Charity, as applicable. While we have no legal obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we try to do the verifications for many campaigns and more important we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Champion or Charity is not raising or using the funds for their stated purpose, please use the "Report" button on the Campaign to alert our team of this potential issue and we will investigate to the best of our abilities.
We encourage you, particularly if you intend to donate to an ipledgefor campaign or raise funds for a need, to review the Frequently Asked Questions section of the website to understand the steps taken by ipledgefor to foster greater trust and transparency.
You, as a Champion, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud or deceive any user; and (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post; and (iii) you will complywith all relevant local, state, and Union laws applicable to you when you solicit funds, particularly but not limited to laws relating to your marketingand solicitation for your project. We reserve the right to provide information relating to your Campaign with donors and beneficiaries of
your Campaign, and with law enforcement or to assist in any investigation.
The terms and conditions that apply to a Campaign Organiser (Champion) are:
You are solely responsible for utilizing the funds for the Purpose mentionedon our fundraising page. ipledgefor is not responsible in any way whatsoever towards the end utilization of funds.This fundraising page on the Platform will be available to the general public for contributions from the time you published the page on the Platform, and if your campaign is not rejected by ipledgefor. You may or may not be able to raise the targeted amount in the designated period. ipledgefor can reject your fundraiser for inappropriate or insufficient content, at its sole discretion.ipledgefor will not be responsible in any way whatsoever on the amount ofcontributions received. It will be your sole responsibility to address any query on objection, from a donor, in regards to the utilization of funds.Campaigns on the ipledgefor platform shall automatically terminate within24 hours of the goal amount of the Campaign being reached.You shall not use any content created by ipledgefor, partially or wholly, forany other fundraising or awareness purpose without the written consent ofipledgefor. In the event you receive such consent you shall adhere to branding guidelines of ipledgefor, you shall provide written credits to ipledgefor and provide links to ipledgefor.org or corresponding social media handles of ipledgefor, while using such content, and adhere with such other terms that may be prescribed by ipledgefor from time to time.Provided that all statutory verifications and KYC verifications are completed and you have provided ipledgefor with documents that substantiate the utilization of funds you may receive, all contributions collected for your Campaign will be transferred to the designated bank account that you specify. You can raise withdrawal requests post approval of the campaign by ipledgefor. ipledgefor will process fund transfer, post receipt of your withdrawal request.You understand that the funds are not owned by ipledgefor or its affiliates.At the time of transfer of funds, you will receive contributions net of ipledgefor Fees, Payment Gateway Fees, applicable taxes, or any other fees mutually agreed upon between you and ipledgefor. For a check, please look at the fees in our Pricing Page.
If you are not an Indian national, all payments made by you on the Website shall compulsorily be through a foreign payment gateway. The Website will not facilitate transactions through the Indian payment gateways with respect to foreign donations made on the Website. Before making any donations, you should confirm the currency of donations you are making.
In case of contributions outside India, You have the necessary regulatory permissions to receive such funds, Such permissions include but are not limited to the Foreign Contributions Registration Act (FCRA), and others mandated my regulatory authorities.
The Campaigner represents and warrants that it is aware of the Foreign Contribution Regulation Act, 1976 and its contents and is seeking contributions in full compliance with the provisions of the Foreign Contribution Regulation Act, 1976. Further, the Campaigner covenants that it shall, at all times, remain in absolute and full compliance with the provisions of Foreign Contribution Regulation Act, 1976, in relation to the campaign.
If the Campaigner is a non-governmental organization, it shall have to be registered/approved with the Foreign Contribution Regulation Act, 1976 to be able to receive foreign contributions.
Recipients (campaign organizers, whether individuals or organizations) willcomply with foreign exchange rules as explained by the Foreign Exchange Management Act, 2000 and the RBI regulations on crowdfunding as applicable. Any failure to do so may result in cancellation of fundraiser, and refund of donations, to the canceled fundraiser, to respective donors.
Please note that in accordance with the FCRA, the following persons cannot receive foreign contributions. This list may be amended from time to time in accordance with regulatory and statutory actions, and such amendment shall apply to you with immediate effect from such regulatoryor statutory action.candidates for election;correspondents, columnists, cartoonists, editors, owners, printers or publishers of registered newspapers;judges, government servants, or employees of any corporation or any other body controlled or owned by the government;members of any legislature;political parties or their office bearers;organizations of political nature, as may be specified by the central government;associations or companies engaged in the production or broadcast of audio news, audiovisual news, or current affairs programmes through any electronic mode or any other mode of mass communication;correspondents or columnists, cartoonists, editors, or owners of associations or companies referred in the clause above.If you are an organization eligible to issue tax deduction certificates underSection 80G of Income Tax Act, 1961 to your donors who made contributions in Indian Rupees, ipledgefor will facilitate the process through its proprietary software application on your behalf. However, it is your sole responsibility to ensure that you have the necessary approvals and certificates to issue such tax-deductible receipts to your donors. ipledgefor will not have any liability, in any form whatsoever, in this regard.
In certain instances, as determined by ipledgefor at its sole discretion, ipledgefor may provide Campaigns with marketing services. In such instances, your consent to the use of Original Materials, Interviews, Photos, and Video Release by ipledgefor and also allow deductions towards additional outreach costs incurred towards the marketing efforts.You hereby indemnify and agree to keep indemnified and hold safe and harmless ipledgefor, its Directors, employees and agents against all such liabilities or claims and also against any loss or damage that may arise on the Party, its Directors, employees and agents on account of acts of omission, utilization of funds by us on anything other than the stated Purpose, lack of necessary regulatory approvals for receipt of funds in any form or for carrying out the activities required for execution of the Purpose. The indemnities if any shall survive beyond the period of the Agreement. Please read details of the indemnities in a section below in this page.
In no event will the Company be liable for any indirect, incidental or consequential damages (including loss of profit or business), howsoever arising, whether under contract, tort or otherwise, even if informed of the possibility of the same.The Company may terminate the agreement at any point of time should it have material evidence of wrong utilization of funds, or absence of requisite regulatory approvals to raise funds or carry out the Purpose.
Member Account, Password and Security:You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify ipledgefor of any
unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. ipledgefor will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Services:ipledgefor reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that ipledgefor will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
General Practices Regarding Use and Storage:You acknowledge thatipledgefor may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time thatdata or other content will be retained by the Services and the maximum storage space that will be allotted on ipledgefor’s servers on your behalf. You agree that ipledgefor has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that ipledgefor reserves the right to terminate accounts or Campaigns that are inactive for an extended periodof time, provided that ipledgefor will use its commercially reasonable efforts to provide a Champion with reasonable notice before terminating an inactive Campaign having a positive balance of Donations. You further acknowledge that ipledgefor reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services:The Services includes certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services andthe Site from a mobile device and (iii) the ability to access certain featuresthrough an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding ipledgefor and other entities by SMS, MMS, text message orother electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In
the event you change or deactivate your mobile telephone number, you agree to promptly update your ipledgefor account information to ensure that your messages are not sent to the person that acquires your old number.