Terms and Conditions
TERMS OF SERVICES PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised 2022-11-25
1.1 This Terms of Service Agreement "Agreement" is entered into by and between SriMitra INDIA , registered address Patna, Bihar, India "Company" and you, and is made effective as of the date of your use of this website "Site" or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the services accessed through this Site the "Services".
1.2 Company may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. New versions of the terms will never apply retroactively.
1.3 Please note that we are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. SriMitra INDIA facilitates the Donation transaction between Users and Child care homes, but is not a party to any agreement between a Child care home and a Donor, or between any user and a Charity. SriMitra INDIA is not a broker, agent, financial institution, creditor or insurer for any user. SriMitra INDIA has no control over the conduct of, or any information provided by a Donor or a and SriMitra INDIA hereby disclaims all liability in this regard. Anyone is free to report issues related to contribution on SriMitra INDIA, and SriMitra INDIA will take necessary action to the best of its abilities.
2. ELIGIBILITY 2.1 his Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen 18 years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of India or other applicable jurisdiction.
2.2 If you are entering into this Agreement on behalf of a company, organization or any corporate entity, you represent and warrant that you have the legal authority to bind such organisation to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such organisation. If, after your electronic acceptance of this Agreement, Company finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement.
3. Without limiting the foregoing, you agree to not use the Services to:
• Establish or contribute to any Campaign with the implicit or express purpose relating to any of the following:
• Any activity that violates any law or governmental regulation;
• Content or campaigns that are fraudulent, misleading, inaccurate or dishonest;
• Illegal drugs, narcotics, steroids, controlled substances or other products that present a risk to consumer safety or any related paraphernalia;
• Knives, explosives, ammunition, firearms, or other weaponry or accessories;
• Annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), debt collection or crypto-currencies;
• Gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes;
• The promotion of hate, violence, harassment, discrimination or terrorism, or racial, ethnic, or gender intolerance of any kind;
• Iibel, slander, defamation by implication (not proven in the court of law) against any person, whether living or dead, or any organization;
• violation of any third party rights;
• human trafficking or exploitation;
• pornography or other sexual content;
• offensive, graphic, perverse or sensitive content;
• the defense or support of anyone alleged to be involved in criminal activity;
• offering monetary rewards, including gift cards;
• funding an abortion, unless in accordance with applicable laws;
• ending the life of an animal;
• transactions for the sale of items before the seller has control or possession of the item;
• collection of payments on behalf of merchants by payment processors or otherwise; or
• credit repair or debt settlement services;
• activities with, in, or involving countries, regions, governments, persons, or entities that are subject to Indian and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
• utilisation for political and/or electoral purposes including but not limited to contesting elections or any election related expenses, lobbying, organising protests, mass mobilisation of people, campaign for or against any political party, or any activity that could be interpreted as a political campaign by potential donors or authorities;
• utilisation for activities that propagate/preach a religion including but not limited to construction and/or consecration of religious symbols, institutions, events, evangelism, organizing sermons, or any other activity that could be interpreted as a religious activity by potential donors or authorities.
• transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or (vi) in the sole judgment of SriMitra INDIA, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose SriMitra INDIA or its users to any harm or liability of any type; or
• interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
• harvest or collect email addresses and/or identifiable information of other users from the Services by electronic or other means
• SriMitra INDIA does not charge a Campaigner any upfront fees for initiating a Campaign.
• SriMitra INDIA charges a support fee which is a small commission ranging between 0-3%
This support fees would be added in the target goal required to be raised.
• An additional payment processing fee is also deducted from each Donation and is payable directly to third party payment gateways. Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms and conditions set forth by a third party payment processor, in addition to these Terms of Service.
• We reserve the right to change SriMitra INDIA’s pricing from time to time. If SriMitra INDIA does change its Fees, SriMitra INDIA will provide notice of the change on the Site or in email to you, at SriMitra INDIA’s option, at least 30 days before the change is to take effect. Your continued use of the Services after the Fee change becomes effective constitutes your acceptance of the updated Fees.
• The donor as well as the campaigner is hereby informed of the fees transactions and agrees to pay the support fee as per SriMitra INDIA’s regulations through the acceptance of these terms and conditions.
• We cannot guarantee and shall not be liable to you in relation to the performance or reliability of the online payment processing services.
6. Obligations, Privileges and conditions:
• The donor must pledge to donate hard earned clean money. We discourage the use of any form of corruption money.
• The donor is encouraged to check and track the donations amount from the platform which shall be displayed as soon as the recipient campaigner utilises your specific donation. The donor also has the prerogative of viewing the overall utilisation of the entire donation programme.
• The Donors shall not do any act either directly or indirectly during such Promotional Activity which may bring us into public disrepute or denigrate any of the preceding, or offend any community or public morals, or affect the business of Ecorphic and in all public appearances. The Donors shall use her/his judgment in general demeanour and choice of language to create an atmosphere which would be conducive to the services and/or promotion of the Campaign.
• The Donors shall do any and all acts and execute any and all documents in such manner and at such location as may be required by team SriMitra INDIA in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to SriMitra INDIA herein.
• The Donor participating in the Campaign hereby acknowledges and agrees that the relationship between SriMitra INDIA and its affiliated companies and the Donor is not a confidential, fiduciary or other special relationship.
• The Donor acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.
• When a donor makes a donation for any campaign, the donated amount is deposited directly into the campaigner's bank account without any interference of SriMitra INDIA/Ecorphic. Donor is provided the donation receipt of the entire donated amount along with the tax exemption details if applicable. Campaigner abides to pay SriMitra INDIA support fee of 0% to 3% on the total crowdfunds to be raised. This fee is also raised from the platform.
• Donors can view the impact he/she has created along with the utilization overview of the entire donation program as well as his/her individual donated amount when and as provided by the Campaigner.
7. INTELLECTUAL PROPERTY
In addition to the general rules above, the provisions in this Section apply specifically to your use of Companies Content posted to Site. Companies Content on this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("Companies Content"), are owned by or licensed to SriMitra INDIA in perpetuity, and are subject to copyright, trademark, and/or patent protection. Companies Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Company. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement.
8. CONSENT TO USE DATA
9. COMPLIANCE WITH LOCAL LAWS
9.1 Company makes no representation or warranty that the content available on this Site are appropriate in every country or jurisdiction, and access to this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site are responsible for compliance with all local laws, rules and regulations. GOVERNING LAW
9.2 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of India to the exclusion of conflict of law rules.
10. DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to these Terms of Services will be settled by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated in this clause. The tribunal shall consist of 1(one) arbiter appointed by SriMitra INDIA. The language of the arbiter shall be English. Any such controversy or claim must be arbitrated on an individual basis and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Pune, Maharashtra and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Each party to the arbitration shall bear its own costs with respect to any dispute.
10. DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to these Terms of Services will be settled by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated in this clause. The tribunal shall consist of 1(one) arbiter appointed by SriMitra INDIA. The language of the arbiter shall be English. Any such controversy or claim must be arbitrated on an individual basis and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Patna, Bihar and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Each party to the arbitration shall bear its own costs with respect to any dispute.
11. FORCE MAJEURE:
The campaigner or SriMitra INDIA shall not be considered to be in default or breach of this Agreement, and shall be excused from performance or liability for damages to the other Party, if and to the extent it shall be delayed in or prevented from performing or carrying out any of the provisions of this Agreement, arising out of or from any act, omission, or circumstance by or in consequence of any act of God, labor disturbance, sabotage, failure of contractors or suppliers of materials, act of the public enemy, war, invasion, insurrection, riot, fire, storm, flood, ice, earthquake, explosion, epidemic, breakage or accident to machinery or equipment or any other cause or causes beyond such Party’s reasonable control, including any curtailment, order, regulation, or restriction imposed by governmental, military or lawfully established civilian authorities, or by making of repairs necessitated by an emergency circumstance not limited to those listed above upon the property, funding or equipment of the Party or property or equipment of others which is deemed under the Operational Control of the Party. The campaigner or SriMitra INDIA, if claiming a Force Majeure event shall use reasonable diligence to remove the condition that prevents performance and shall be entitled to suspend performance of its obligations in any greater scope or for any longer duration than is required by the Force Majeure event. Each Party shall use its best efforts to mitigate the effects of such Force Majeure event, and resume full performance of its obligations as and when it is possible.
Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
13. AVAILABILITY OF WEBSITE
Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Site on 24/7 basis. You acknowledge and agree that from time to time this Site may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs, or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures. You acknowledge and agree that we have no control over the availability of this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
You agree to protect, defend, indemnify and hold harmless Company and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Company directly or indirectly arising from (i) your use of and access to this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
15. Privacy and Personal Data
16. Account registration
You must make sure that all the information you provide when you register with SriMitra INDIA is true, accurate and current and complete. If you change any of your registration details (e.g. email address, postal address), you undertake to update your account. Your account is for your personal use only. To help us maintain the security of www.SriMitraINDIA.com, you must keep your login details confidential. It is your responsibility to ensure that you do not share your login details with any other person or leave your device unattended whilst logged into www.SriMitraINDIA.com as you will be held responsible for all activities that occur under your password or account (with or without your knowledge) as a result of doing so. If you become aware of any misuse or unauthorized use of your login details, then you must inform us immediately by sending an email to us and we will help you re-set your details. However, notwithstanding you intimating us, you shall solely be responsible and accountable for all consequences of any such misuse or unauthorized use In the event that you have, or we have reason to believe that you have breached these Terms, we may terminate or suspend your registration and/or access to Fueladream.com and/or to any content made available on Fueladream.com. You can request deletion of your account at any time as long as you do not have any active Campaigns or any outstanding Funding relating to unexpired Campaigns you have backed. Please email us to request deletion of your account We reserve the right to delete your account at any time at our sole discretion for any or no reason.
17. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
18. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
19. Right of the content liability
(a) It is expressly understood and agreed by the parties that campaigner holds right of the content liability.
(b) each of the representations, warranties, authenticity, covenants, undertakings and agreements herein made on the part of the issuers is made and intended not as personal representations, warranties, covenants undertakings and agreements by SriMitra INDIA.
(C)The campaigner shall have no liability to compensate anyone for any claim pressed by the latter under this Agreement except as expressly provided under this Agreement.
Questions? Concerns? Suggestions Please contact email@example.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Services.