Terms and Conditions
Section
A: Introduction.
Welcome
1.1 Welcome to TrueGiv.in. TrueGiv India Foundation, a registered trust,
operates and owns the TrueGiv.in website and the services it provides
(collectively known as TrueGiv).
1.2 We may make TrueGiv available through a variety of channels, including
websites and mobile apps. It is currently accessible via the website truegiv.in
1.3 To clarify these terms, we employ a few crucial definitions:
"Campaign Owners" are any
individual, company, partnership, organization, trust, or other entity that
wants to execute a Campaign to generate cash on the Platform. Their ideas,
cause, endeavor, or event for which they want to gather cash are referred to as
a "Project," and the campaign established by the Campaign Owner on
the Platform to raise funds is referred to as a "Campaign."
The "Campaign Page" is the page on
the Platform where Funders can make contributions and view promotional
materials such as movies, photographs, information, graphics, and so on.
The financial aim of a Campaign is known as
its "Funding Goal." TrueGiv members/users who contribute money to
Campaigns are known as "Funders," and their donations are referred to
as "Funding."
The period during which Funding can be made
for a Campaign is known as the "Funding Period," and the total amount
of Funding (excluding canceled contributions) received by a Project at the end
of the Funding Period is known as the "Total Funds Raised."
Anyone who chooses to support a Campaign,
whether or whether they donate financially, by liking or sharing campaign
materials on social media is referred to as a "Supporter."
Campaign owners, funders, supporters, and
other registered members are referred to as "TrueGiv Members," while
TrueGiv Members and other site visitors are referred to as "Users" or
"you," as applicable.
1.4 Campaign Types:
(i) All or Nothing: In these campaigns, money
is only sent to the campaign owner if, by the conclusion of the Funding Period,
the designated Funding Goal is reached. Supporters will get a refund of all
donations (less any payment gateway fees for overseas funding) in the event
that the total amount raised falls short of the funding goal. This concept
works well for campaigns that need to meet a minimum funding need in order to
launch.
(ii) Keep What You Raise: In these campaigns,
even in the event that the designated Funding Goal is not met, the funds raised
are given to the Campaign Owner. For campaigns or charity causes that can
benefit from any amount of financing, this concept is perfect. At the
conclusion of the Funding Period, a campaign will be deemed funded if, in the
case of the "All or Nothing" model, it has raised the required amount
by the deadline; or, in the case of the "Keep What You Raise" model,
any amount has been raised; in the latter case, the Campaign Owner will keep
all funds raised, less TrueGiv's fees.
1.5
TrueGiv gives people and groups a platform to
contribute to and generate money for initiatives. To promote support, campaign
owners may provide incentives or awards (referred to as "Rewards"),
which may include material goods or intangible services. By inviting friends,
family, and supporters to join in on social media, the site also aids in
creating a sense of community around each campaign.
1.6
This Agreement is applicable to all users of
the platform. The way the platform is used can determine which aspects are
relevant or not. Together, the terms and our privacy policy, owners agreement
for campaigns, and guidelines for campaigns and rewards constitute a legally
binding agreement between users and TrueGiv. By selecting the appropriate
option to accept these terms, you indicate your agreement.
1.7 By utilizing the TrueGiv platform, you
signify that you understand and agree to be bound by these Terms. When using,
registering, supporting, or starting a campaign on TrueGiv, the business,
charity, institution, or entity ("Business") that you represent is
also referred to as "you," "your," or "your
organization" if you are utilizing TrueGiv on behalf of that organization.
In the event that you do not accept these Terms (or your Business, if
applicable), do not use or access TrueGiv, do not contribute any content, and
do not interact with TrueGiv users.
2. Getting to Know and Using TrueGiv
2.1 While anybody can browse TrueGiv, you must
register as a TrueGiv member by creating an account in order to create a
campaign as a Campaign Owner or contribute as a Funder or Supporter. Go to the
Sign-Up page to establish an account. You will be prompted to verify that you
agree to these Terms.
2.2 TrueGiv retains the right, at any time and
for any reason, to refuse, halt, delete, or suspend any participant, campaign,
or activity. If we have previously terminated or temporarily stopped your
access to TrueGiv, you are not eligible to use it again, unless we have given
you specific written permission to do so.
3. Our Use of Cookies and Your Privacy
3.1 Your privacy is something we value highly.
To learn how we manage your personal information, please read our Privacy
Policy.
3.2 We employ cookies, a little data file that
is downloaded to your browser and kept on your device, just like a lot of other
websites. As stated in our Privacy Policy, these Terms also grant us permission
to utilize cookies and other automated access/storage techniques for data on
your device. If you'd like, you may remove these cookies whenever you choose.
4. Signing Up for an Account 4.1
You are required to make sure that all of the
information you enter into TrueGiv is genuine, accurate, up to date, and
comprehensive. You must update your account if any of your registration
credentials (such as your email address or mailing address) change.
4.2 This account is just for your personal
use. You are required to protect the privacy of your TrueGiv login information.
It is your duty to keep your device supervised when logged into TrueGiv and to
never give out your login credentials. Regardless of whether you are aware of
them or not, you are responsible for any acts taken using your account or
password. Please email us right away to let us know about any misuse or
unauthorized use of your login information, and we'll help you reset your
password. You will be fully liable for any repercussions arising from such
misuse or illegal access, though, even after informing us.
4.3 We reserve the right to cancel or suspend
your registration, your access to TrueGiv, and any content that is available on
the platform if you violate these Terms or if we have reason to believe that
you have.
4.4
If you do not currently have any running
campaigns or unpaid financing obligations associated with campaigns you have
supported, you are free to request the termination of your account whenever you
like. Please email us to request the termination of your account.
4.5 in any time, for any reason, and in our
sole discretion, we reserve the right to delete your account.
Section B: Funding, Creating
Campaigns, and Offering Rewards
5. For people, businesses, or other entities
wishing to raise money for their own projects or assist others in raising
money, TrueGiv provides an online crowdfunding platform. By connecting campaign
owners and funders, our technological platform makes it possible for them to
agree on funding. Upon receipt of the cash by the campaign owner, a contract is
formed between funders and the owner of the campaign. Consequently, we do not
guarantee any campaign and are not a party to the agreement between donors and
campaign owners.
6. Except from what was previously indicated,
we are not involved in any campaigns or plans created by TrueGiv users using
TrueGiv.in. As such, we disclaim any liability about the character, quality, or
effectiveness of any campaign or rewards, and we make no guarantees regarding
the fulfillment of obligations by any TrueGiv member, including funders and
campaign owners. The campaign owner bears all responsibility for the risks
related to the campaign's success or failure. Contracts pertaining to campaigns,
funding, and awards are made directly between the involved parties, and all
agreements are kept confidential.
7. We gather information from our members,
including email addresses, phone numbers, and personal information, but we are
unable to verify the veracity or correctness of any member's identification or
the data they submit. For this reason, we don't endorse or promote any TrueGiv
members or their campaigns in any way.
8.Campaign
Managers
8.1: Establishing and Maintaining Campaigns
8.1.1. To raise money for any campaign, any
TrueGiv member can become a campaign owner. Together with these terms and
conditions, the Campaign Owners Agreement contains the terms and conditions for
campaign owners as well as the regulations controlling campaigns and fundraising.
8.1.2. The kinds of campaigns that can be
posted on TrueGiv.in are subject to certain guidelines. The launching of
campaigns involving loans, investments, equity, shares, unlawful actions, or
money for pre-sale acquisitions of unbuilt or unowned real estate, personal
medical costs, or real estate purchases is prohibited for campaign owners.
8.1.3. While operating a campaign on TrueGiv,
a campaign owner may not oversee, be affiliated with, or manage any other
crowdfunding campaign on any other platform. Any campaign that receives funds
from a TrueGiv member must use TrueGiv.in as its hub.
8.1.4. At our discretion, campaign owners may
be permitted to manage more than one crowdfunding campaign on TrueGiv.
8.1.5. Unless otherwise specified in writing,
the funding period has a minimum of 14 days and a maximum of 90 days.
8.1.6. Campaign owners are required to
communicate with donors on a regular basis and update them on the campaign's
status, including any delays. Campaign owners on TrueGiv.in are required to
guarantee a regular updating schedule following the campaign's successful
conclusion.
8.1.7. Unless otherwise agreed upon,
modifications to the campaign goal, financing target, or funding term are not
permitted once the campaign details have been submitted for publishing.
Rewards, however, are subject to change prior to funding receipt.
8.1.8. We may, but are not required to,
confirm your identity and the information you submit. An active campaign may be
rejected, canceled, interrupted, removed, or suspended at any moment and for
any cause. Any campaign that seems to be involved in money laundering may be
canceled or suspended at our sole discretion. We reserve the right to request
further information, which you agree to supply promptly, if we feel that a
campaign presents a significant risk of fraud. Before money is sent to you, we
or our payment gateway providers could make inquiries. Any losses resulting
from taking the above-mentioned acts are not covered by our liability.
8.2:
Presenting Awards
8.2.1. The kinds of incentives that a Campaign
Owner may provide to Funders are governed by the rules set forth by TrueGiv.
These could be material goods or intangibles like thank-you films or
handwritten notes. Rewards, such as profit or revenue shares, interest on
contributions, or ownership or equity positions in exchange for funding,
cannot, however, ever be monetary. Reward packages cannot contain goods that
are counterfeit, violate someone else's intellectual property, or have anything
to do with a criminal investigation. Campaign owners are also forbidden from
selling tobacco, narcotics, drug paraphernalia, raffles, contests, lifetime
memberships, firearms, weapons, and replicas of weapons, as well as any goods
that don't adhere to India's safety regulations (i.e., ISI). For further
information, please refer to our Rewards Guidelines.
8.3.
Financial Support
8.3.1. Campaign Owners understand that TrueGiv
has no control over funders who do not finish their payment. Therefore, TrueGiv
makes no guarantees and assumes no liability for any failure on the part of
TrueGiv.in to obtain financing from Funders.
8.3.2. Before the Funding Period expires,
Campaign Owners may request that TrueGiv.in cancel any funding; in such case,
they will not be obligated to fulfill any associated prizes.
8.3.3. All contributions will be canceled and
returned in an "All or Nothing" campaign, and the campaign owner will
not receive any money if the fundraising goal is not reached by the conclusion
of the funding period.
8.4 Campaign Owner Responsibilities
As the owner of the campaign, you are required
to: a) Use any money collected only for the cause specified in your campaign
and for no other purpose.
b) Carry out all of your campaign's promises,
including giving funders their incentives.
b) Answer all questions, provide answers, or
make requests from TrueGiv and/or any Funder in a timely and correct manner.
d) Only use the personal data provided by
TrueGiv to complete incentives or get in touch with funders about the campaign
they contributed to.
e) If you are unable to meet your obligations,
get in touch with the funders and work with them to find a workable solution,
which can entail returning their funding.
f) Adhere to all relevant legal requirements,
including those pertaining to taxes, with regard to your Campaign and the
utilization of funds.
g) Wait until the funds are sent into your
bank account before relying on the publishing of your campaign on TrueGiv.in or
assuming that you will receive money.
9.
Sponsors
When you make a donation to a TrueGiv
campaign, you understand that you are not gaining any ownership, control, or
intellectual property rights over the campaign. For more specific information
about campaigns and funding, please refer to the Campaign Owners Agreement.
9.1. Offering Assistance
9.1.1. After creating an account and becoming
a TrueGiv Member, you can donate to a campaign by going to the campaign profile
page, deciding how much to donate, choose a payment option, and finishing the
transaction. Unless you request anonymity while making a contribution, your
name will be shown to the public. In that scenario, the campaign owner will
receive your details in order to send rewards and receipts, but only the
amount, date, and rating will be displayed.
9.2 Rewards
You can donate without choosing a prize if
you'd like. You cannot alter your selected reward after making a contribution
without also canceling it.
9.3. Mode of Payment
You'll be taken to TrueGiv's payment gateway
provider to finish the payment after verifying the amount of your donation. The
gateway provider's terms of payment are applicable, and any personal data
submitted will be handled in accordance with their privacy rules. A variety of
ways, including credit/debit cards, e-wallets, and online banking, can be used
to make contributions. Foreign contributions are liable for payment gateway
fees in the event that a refund is required.
9.4 Funders' Payment Gateway Fees
If you choose to pay with a currency other
than Indian rupees, there can be extra charges from the payment gateway or your
bank. Before making a contribution, please confirm these details.
9.5.
Refund
9.5.1. Within seven days after making a gift,
funders may ask for returns. Refunds won't be accepted during the campaign's
last 15 days. Refunds are not available for campaigns that last less than 15 days.
9.5.2. Contributions made via Indian payment
methods will be automatically returned in the event that a campaign using the
All or Nothing model fails to meet its funding goal. Refunds for contributions
made from overseas will be less any currency exchange fluctuations and payment
gateway fees.
9.5.3. Refunds and cancellations are not
permitted for campaigns that fall under Crowd Favorites.
9.6. Funders' Responsibilities
Donors are invited to rate and comment on
campaigns both during and after their contributions. The campaign's Crowd
Rating is influenced by these ratings.
9.7. Giving Campaign Owners Access to Personal
Information Contributors
9.7.1. Unless you select for an anonymous
gift, your username will be published on the Campaign Profile Page, and your
name, email, and address will be shared with the Campaign Owner for fulfilling
rewards and regulatory purposes.
9.7.2. For information on what personal data
is shared with Campaign Owners, please refer to our Privacy Policy.
9.7.3. The Campaign Owner will ask Funders for
extra information straight after the Funding Period, such as clothing sizes, if
certain prizes call for it.
General Terms, Section C
10. Content Created by Users (UGC)
User-generated content, or "UGC," is
any material that you or other users publish to TrueGiv.com using its community
features (such as files posted to your Campaign Profile Page, remarks on
Campaign Pages, internal messages, and Campaign updates).
11. Involvement of the Community
Members of TrueGiv are encouraged to get
involved in the platform's community. But we do ask that you follow the
regulations in order to make sure that everyone has a good and pleasurable
experience.
12. Accountability of Users
By utilizing TrueGiv, you consent to these
terms:
a) You will only upload or publish
user-generated content (UGC) if you are positive that you are authorized to do
so. You guarantee to us and other users that, by submitting UGC—text, photos,
videos, audio files, or other materials—that: (i) you are the owner of the copyright
or have the necessary permissions to make the content available on TrueGiv in
compliance with these Terms and permit its use on TrueGiv and in our
newsletters. If asked, you must produce documentation of these authorizations;
(ii) No one's intellectual property or other rights will be violated, and no
law or regulation (including those pertaining to privacy and data protection)
will be broken by your material. Please do not submit or post the stuff on
TrueGiv.in if you are unsure.
b) You shall always give accurate, truthful,
and up-to-date information on TrueGiv and to other TrueGiv members, including
information regarding any Campaign, without deceiving them.
c) Everything you upload must be legal and
free of any offensive or embarrassing content that we, at our discretion, find offensive
including defamation, abuse, threats, harassment, obscenity, and
discrimination.
d) You agree to use TrueGiv and any content or
information derived from it solely in accordance with these Terms,
legitimately, and for the intended purposes.
e) You promise not to use TrueGiv to harass,
deceive, or violate the law in any way while contacting someone. Without their
permission, you will not divulge or use their contact information improperly,
and if they ask you to stop communicating, you will stop right away.
f) No intellectual property rights or
copyrights belonging to third parties shall be violated by any content you
contribute. You utilize TrueGiv to verify that you have the individual's
consent before using their image in any pictures or films that they appear in.
You need permission from the parents or legal guardians before taking any
pictures of children.
13.
Prohibited Actions
You may not:
a) Send unsolicited marketing messages (spam) to other TrueGiv members, post
chain letters, or participate in pyramid schemes.
b) Distribute viruses or any harmful technology that could damage TrueGiv or
disrupt its users' experience.
c) Post advertisements or solicit business.
d) After receiving a warning, continue to disrupt conversations or post
comments unrelated to the topic.
e) Copy, modify, or distribute content or trademarks from TrueGiv.in, TrueGiv
members, or any third party without explicit permission.
f) Collect or use information about TrueGiv members without their explicit
consent.
g) Impersonate another TrueGiv member or misrepresent your affiliation with a
person or entity.
h) Allow someone else to use your login details to post or view comments or
communicate on TrueGiv.
i) Use TrueGiv if your access has been suspended or your account terminated.
j) Engage in unlawful or illegal conduct or restrict others from enjoying
TrueGiv. Any such actions may result in liability or harm to us.
When you contribute UGC to TrueGiv.in:
a) You are granting us unlimited, non-terminable,
and free permission (including the right to sublicense that permission) to use,
re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish,
perform, display, develop, reproduce, communicate to the public, and to make
your UGC otherwise available in any form and/or by any media (whether now known
or hereafter devised), including through any on-demand or broadcast service,
whether on a commercial or non-commercial basis anywhere in the world. TrueGiv
may allow any third parties authorized by us to reproduce, display, publish,
communicate, perform, and/or embed activity and content on their platforms,
including their websites and applications; including allowing third parties to
link to pages on TrueGiv.in, which contain your UGC.
b) You are granting to every other user of
TrueGiv.in unlimited, non-terminable, and free permission to use all or any
part of your UGC.
15. Any postings on TrueGiv and the uploading
of any photos, pictures, videos, animations, or other audio-visual material to
TrueGiv by any User are solely the views and opinions of the person posting and
do not constitute any form of recommendation, representation, or endorsement by
us. We have no control over and are not responsible for the truth or accuracy
of any content, its compliance with any legal or regulatory requirement, or its
quality or safety.
16. Exchanging personal information with other
users/Disclosing personal information. We caution against revealing any
information from which you can be personally identified by other users, such as
your home or work contact details, your last name, or where you live, except in
accordance with these Terms. We are neither responsible nor liable for any
information exchanged by the Users or for any direct, indirect, or consequential
liabilities in respect of such information.
17.
Misuse of the Site
17.1 We may, at our discretion, monitor the use of
community features occasionally. However, we depend on you to report any
instances of abuse or inappropriate behavior, which may lead us to review
specific posts. If you believe you have been threatened, harmed, or mistreated
within our community or through our communication channels, or if you suspect
any violation of your rights has occurred via TrueGiv.in, please reach out to
us at info@truegiv.in.
17.2 We reserve the right and discretion (though we are not obligated) to do
any or all of the following:
a) Record content (including communications) from the TrueGiv.in community or
our communication systems;
b) Investigate claims that any content violates the community rules outlined
here and, at our sole discretion, remove or request the removal of such
content;
c) Remove any content without prior notice if we believe it is abusive,
illegal, disruptive, or otherwise does not comply with these Terms;
d) Block or terminate any user's access to TrueGiv or any posted content;
e) Edit or remove any content posted on TrueGiv, regardless of whether it
violates these Terms.
17.3 If you disagree with any decision
made by us, you should refrain from using the community features to dispute or
contest that decision. Any decision we make regarding your appeal, including
the removal of content or the suspension or termination of accounts, shall be
final. Termination or suspension will apply to all user accounts associated
with the individual.
18.
Disputes between TrueGiv Members
18.1 We are not obligated to intervene in disputes
between any TrueGiv members or between users and any third parties arising from
the use of TrueGiv.in. This includes, but is not limited to, issues related to
the fulfillment of rewards or other commitments and services, as well as any
other terms, conditions, warranties, or representations associated with
campaigns on TrueGiv.in. We do not monitor or assume responsibility for the
performance or timeliness of campaigns, nor do we endorse them.
18.2 We will cooperate with law enforcement authorities in any investigations
arising from your disputes with another community member.
Section
D: General Provisions
19. Our Content
19.1 You acknowledge that we hold all rights, title,
and interest in TrueGiv.in and its associated content, including, but not
limited to, all intellectual property rights, copyrights, and trademarks.
19.2 Our content encompasses any information or material found on or accessed
through TrueGiv.in, including, but not limited to, text, databases, graphics,
videos, software, and all other features available on or through TrueGiv.in.
We provide TrueGiv.in, our content, and
any user-generated content (UGC) available through TrueGiv.in for your
personal, non-commercial use only (please refer to paragraph 1 of Section C,
regarding the content you and others provide to TrueGiv.in, for further details
about UGC). You may view TrueGiv.in pages and content online and print a copy
of these Terms for your records. You are prohibited from using any of our
content for commercial purposes.
20.
To clarify, you are not permitted under any circumstances to:
20.1 Make commercial use of any such content, except
for your own UGC, which you may use to provide information related to your
campaign on the Campaign Profile Page and/or your business (if applicable);
20.2 Edit any such content;
20.3 Remove, obscure, or otherwise tamper with any copyright or proprietary
notices related to, or contained within, the content;
20.4 The trademarks, logos, and brands displayed on TrueGiv.in are owned by us
or our licensors. No permission is granted for the use of any of these marks,
logos, or brands, and any such use may constitute an infringement of the
holder's rights.
21.
Third-Party Software
21.1 You acknowledge that you may need to download and
activate specific software to access certain content available on TrueGiv.in.
This software will be clearly identified on TrueGiv.in.
21.2 To use such third-party software or technology, you may need to accept the
terms of a license agreement with the respective third party. You acknowledge
that we have no responsibility for or control over such third-party software.
22.
Links
22.1 You acknowledge that TrueGiv.in may contain links
to third-party websites. We do not review these third-party sites and have no
control over them; therefore, we are not responsible for their content or
availability.
22.2 We do not endorse these third-party sites or make any representations
about them, their content, or the results that may be obtained from using them.
22.3 If you choose to access any of these third-party websites, you do so
entirely at your own risk.
22.4 If you provide any personal information to linked websites, it will be
handled according to their privacy policy, not ours. Therefore, please ensure
you read their terms and conditions and privacy policy before using their
websites and providing any personal information.
22.5 You may only link to TrueGiv.in under the following conditions:
a) The homepage is not loaded into frames on your website, unless we provide
explicit consent; and
b) Your site or services do not misrepresent your relationship with us or
present false information about us, nor do they harm our business or conflict
with our interests or values.
22.6 We reserve the right to revoke linking permissions at any time without
prior notice.
23.
Promises, Liability, and Disclaimer
23.1 The content and services available on TrueGiv.in
are provided under the following terms:
a) We do not make any guarantees regarding the truth, accuracy, integrity,
quality, or completeness of the content or information presented on TrueGiv.in,
and you should not rely on it being accurate, truthful, or complete.
b) We are not responsible for verifying the ownership of any content posted or
uploaded on TrueGiv.in.
c) We cannot guarantee and shall not be liable to you concerning the
performance or reliability of online payment processing services.
d) You agree that your access to and use of TrueGiv and its content is at your
own risk. We do not have any knowledge of, nor control over, the specific
purpose(s) for which the information and content available on TrueGiv.in is
utilized. The content and information provided on TrueGiv.in are for
informational purposes only. Consequently, we exclude any and all liability for
any loss of any nature suffered by you as a direct or indirect result of your
use of any information or content available on TrueGiv.in, or for making any
decision, or refraining from making such a decision, based wholly or partly on
any expression of opinion, statement, or other information contained in the
content available on TrueGiv.in.
23.2 By using TrueGiv, you acknowledge
and accept the inherent risks, characteristics, and limitations of the
internet, particularly concerning the technical performance of TrueGiv.in,
response times for viewing, verifying, or transferring information, and the
risks associated with all third-party links, connections, and transfers via the
internet. Accordingly:
i. We do not guarantee the availability
or accessibility of TrueGiv and do not promise that your access to TrueGiv.in,
the content on it, or the services we provide will be uninterrupted, timely, or
error-free;
ii. We are not responsible for any data
or information uploaded by any users, including any content posted, uploaded,
or published on TrueGiv.in. It is your responsibility to create backup copies
of any content you post, upload, or publish on TrueGiv.in, and we strongly
recommend doing so;
iii. We make no guarantees regarding any
harm that may result from the transmission of a computer virus, worm, time
bomb, Trojan horse, cancel bot, logic bomb, or any other programming routine
designed to damage, destroy, or impair a computer's functionality or operation,
including transmissions resulting from your download of any content, software
you use to download the content, TrueGiv.in, or the server(s) that make it
available. In this regard, you agree that it is your responsibility to install
appropriate anti-virus and security software on your computer hardware and
other devices to protect against such bugs, viruses, or harmful programming
routines. Any content downloaded or obtained through the use of TrueGiv.in is
done at your own risk, and you will be solely responsible for any damage to
your computer system or loss of data resulting from the download of such
content;
iv. We accept no responsibility of any
nature whatsoever for any links or any information contained in the websites
linked to on TrueGiv.
23.3 We will not be responsible or liable if we are prevented or delayed
from fulfilling our obligations under these Terms due to actions or inactions
on your part (or anyone acting on your behalf) or due to events or circumstances
beyond our control.
23.4 IF YOU ARE A TRUEGIV MEMBER, you are fully liable to other users or
any third party for any damage, injury, or loss, including but not limited to
loss of business, loss of income, indirect, special, incidental, consequential,
punitive, exemplary, or other similar losses or damages arising from or in
relation to the use or misuse of the Platform, or any breach of terms or
non-performance of obligations under this Agreement.
23.5 IF YOU ARE A CAMPAIGN OWNER, you are fully liable to users for any
damage, injury, or loss, including but not limited to loss of business, loss of
income, indirect, special, incidental, consequential, punitive, exemplary, or
other similar losses or damages arising from or in relation to your use or
misuse of the Platform, or any breach of terms or non-performance of
obligations under this Agreement, or concerning the Campaign or any other
reason whatsoever.
You hereby agree and acknowledge that
TrueGiv shall not be liable if the funding goal is not met, or for any losses
related to your business, including but not limited to lost data, profits,
revenue, savings, business opportunities, goodwill, reputation, business
interruption, or any pure economic loss (whether such loss is direct or
indirect). This includes any unforeseen technical issues, such as the website
being down for maintenance, server errors, slow website download speeds, or any
viruses on the website, which may affect any transaction activity related to
any campaign, or due to the exercise of any right to refuse, reject, prohibit,
interrupt, suspend, cancel, or remove any content, Campaign, or contribution at
any time and for any reason whatsoever.
24.
Indemnity
You agree to use TrueGiv.in solely in accordance with
these Terms. You further agree to fully compensate us (including our employees,
officers, agents, and suppliers) for any damages, losses, costs, and expenses,
including reasonable legal fees, that we incur due to any breach of these Terms
by you. This includes any UGC you post to TrueGiv.in or any actions you take
that disrupt access to and/or the functioning of TrueGiv.in, as well as any
liability we incur as a result of the use of TrueGiv.in by you or any other
person using your account with your permission or due to your negligence.
25.
Copyright Complaints
25.1 We respect the intellectual property rights of
others and prohibit users of TrueGiv.in from submitting, uploading, posting, or
otherwise transmitting any materials that infringe or violate another person’s
or organization’s intellectual property rights.
25.2 We aim to comply with clear
notices of alleged copyright infringement. Additionally, our policy is to
terminate the usage rights and any applicable accounts of TrueGiv Members that
we determine to be repeat infringers of others' copyrights.
25.3 Content hosted on third-party
websites accessible from TrueGiv.in is the responsibility of those websites,
not ours. If you are the copyright owner of content hosted on a third-party
website and have not authorized its use, please contact the administrator of
the hosting website directly to have the content removed.
26.
General Complaints and Requests for Further Information
If you have any general complaints or would like to
request further information about TrueGiv.in, please contact us via email at info@truegiv.in.
We will respond with the necessary information or investigate your complaint
and inform you of the outcome as soon as possible.
27.
Written Communications
Applicable laws require that certain information or
communications we send to you be in writing. By using TrueGiv, you accept that
communication with us will primarily be electronic. We will contact you via
email or provide information by posting notices on TrueGiv.in. For contractual
purposes, you agree to this electronic method of communication and acknowledge
that all contracts, notices, information, and other communications we provide
to you electronically fulfill any legal requirement that such communications be
in writing.
28.
General
28.1. Severability: If any part of these Terms is
deemed unenforceable by law, all other parts will remain unaffected and in
force. For clarity, if these Terms or any portion thereof are found to be void
or voidable, it will not impact the validity of any licenses granted under
these Terms (including the use of your UGC).
28.2. Entire Agreement: These Terms
govern our relationship with you and constitute our complete agreement with
you.
28.3. Events or Circumstances Beyond Our
Control: If we are prevented or delayed in fulfilling our obligations under
these Terms due to actions taken by you (or anyone acting on your behalf) or
due to events or circumstances beyond our control, we will not be considered in
breach of contract. Such circumstances may include, but are not limited to,
fire, electricity issues, flooding, natural disasters, strikes, trade disputes,
lockouts, import or export restrictions, riots, accidents, energy supply
disruptions, civil unrest, acts of terrorism, or war.
28.4.
References to Circumstances Beyond Our Control: If we
are prevented or delayed from fulfilling our obligations under these Terms due
to actions taken by you (or anyone acting on your behalf), this will not
restrict the interpretation of the preceding terms.
28.5.
Assignment: You may not assign, sublicense, or
otherwise transfer any of your rights under these Terms.
28.6.
Waiver: If you breach these Terms and we choose to
overlook your breach, we retain the right to enforce our rights and remedies at
a later date or in any other instance where you breach the Terms again.
28.7.
Exclusion of Third-Party Rights: These Terms do not
confer any rights enforceable by any person who is not a party to them or any
contract made under them, except that our licensors may enforce the provisions
of these Terms in accordance with the Contracts.
28.8.
Language: These Terms may be provided to you in
multiple languages; however, the English language version shall take
precedence.
28.9.
Territory: TrueGiv.in is controlled and operated from
India and is governed by Indian laws. If you choose to access TrueGiv from
outside India, we make no representation that the content and operation of
TrueGiv will comply with local laws.
28.10.
Governing Law and Jurisdiction: Any disputes or claims
between us arising out of or related to these Terms or any contract made under
them (including non-contractual disputes or claims) are governed by and
construed in accordance with Indian laws and shall be subject to the exclusive
jurisdiction of the courts in New Delhi, India.
28.11.
Dispute Resolution: If any dispute, disagreement,
controversy, or claim arises between the parties in connection with this
Agreement, including its breach, termination, or invalidity (a
"Dispute"), the parties shall make all reasonable efforts to
negotiate an amicable resolution. If one party provides notice to the other
that a Dispute has arisen (a "Dispute Notice") and the parties cannot
resolve the Dispute amicably within 30 (thirty) days of the notice (or any
longer period mutually agreed upon), the Dispute shall be referred to
arbitration by a sole arbitrator appointed by TrueGiv in accordance with the
Arbitration and Conciliation Act, 1996 (as amended, restated, or substituted,
in force at the relevant time), to be conducted in English at New Delhi, India.
29.
Changes to These Terms and to TrueGiv.in
We reserve the right to amend, modify, or replace the
terms and conditions outlined above at any time.