Terms & Conditions – India

Please read these Terms & Conditions (collectively with Benefactory Ventures Private Limited’s Privacy Policy at www.benefactory.live/privacy-policy/, the “User Agreement”) carefully before using www.benefactory.live (the “Website”) and any other services including, but not limited to, the donation platform, the ACT NOW widget, APIs, and content (collectively referred to as “Services”) offered by Benefactory Ventures Private Limited (referred to as “Benefactory”, “we”, “our” or “us”).

If you are a Business Affiliate (as defined below) or Nonprofit Affiliate (as defined below) or a donor (a Business Affiliate and a Nonprofit Affiliate and a donor shall be collectively referred to as a “User”) participating in a campaign or donating towards a campaign in the United States or are using the Site, you will be contracting with Benefactory Ventures Inc and you are subject to Terms and Conditions - US If you are a Business Affiliate or Nonprofit Affiliate or a donor (a Business Affiliate and a Nonprofit Affiliate and a donor shall be collectively referred to as a “User”) participating in a campaign or donating towards a campaign in India or are using the Site, you will be contracting with Benefactory Ventures Private Limited and you are subject to Terms and Conditions - India. These Terms and Conditions govern your access and use of the Services provided by Benefactory.

Acceptance of Terms

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

Use of the Services is offered to the User conditioned on having read, understood and accepted without modification of all the terms, conditions, policies and procedures contained in this User Agreement, as may be posted from time to time on the Website by us, each of which is incorporated by reference and each of which may be updated from time to time by us. For the purpose of these Terms of Use, wherever the context so requires 'You' shall mean any legal person which includes, but not is not limited to Website visitors and individuals who have provided Registration Data or donated through the Benefactory Act Now Widget while signing in through a third party (via the API) (all such Website visitors / Donors shall hereinafter be collectively referred to as “User”). Benefactory allows all person(s) to surf / explore the Website without registering on the Website.

Eligibility

You hereby represent and warrant that you are above the age of consent under the applicable law in the country in which you reside. If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept the terms and conditions of this User Agreement in your name and on your behalf. We will not knowingly collect information of anyone under the age of 18. If you become aware of anyone under the age of 18 using our services, please report this to: info@benefactory.in. You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules and regulations applicable to you.

Definitions

Donor – Individuals or companies who make a donation through Benefactory’s website or through the widget on Business Affiliates, or though Benefactory’s campaigns via Business Affiliates are referred to as Donors.

Business affiliate (referred to as “Company/Companies”– Companies, e-commerce websites or apps that participate in our campaigns by making a donation, placing our Act Now widget on their website/app to raise donations, or conducting an employee donation drive to raise funds for a registered nonprofit.

Nonprofit affiliate (referred to as “Charity/Charities”) – Nonprofits that have registered with us to raise funds through our platform which includes, but is not limited to, our website, our Act Now widget for campaigns.

Act Now widget - refers to the donation appeal, application program interface (API), and the specifications of display on website, on-site and on promotional materials of the Company. The specifications for display would be provided by Benefactory.

Registration

You are not required to sign up for an account to view or explore our Website. However, you will need to register for an account for account to use our services such integrating the Act Now widget to participate in a campaign if you are a Company or to link your bank account information to receive donations if you are a charity affiliate.

You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization.

You are responsible for maintaining the confidentiality of your password to access the Services, and you are solely responsible for all activities that occur under your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security related to the Services. We reserve the right to require you to alter your password if we believe that your password is no longer secure. You agree that we will not be liable for any loss or damage arising from your failure to adequately safeguard your password.

Services

Benefactory operates a charitable giving platform that allows Companies’ customers to make donations, through the Act Now widget, to certain charitable organizations and causes when they are shopping on participating retailers’ websites. These funds are dispersed to Benefactory’s nonprofit affiliates to support their charitable work. Benefactory shares the progress of these campaigns on its Website and social media handles.

The Services are a platform; We are not a Financial Institution, Broker, Bank or Charity: The Services are an administrative platform only. Benefactory facilitates the Campaign of our Nonprofit Affiliates and enables Donors to make donations to these Campaigns. Benefactory is not a broker, agent, financial institution, creditor or nonprofit corporation.

Content

he term "Content" includes, without limitation, information, data, text, photographs, graphics, videos, audio clips, written posts, articles, comments, software, scripts, and interactive features generated, provided, or otherwise made accessible on or through the Services.

Third-parties, our Nonprofit Affiliates, provide the content for their campaigns and Benefactory has no control over and cannot be held liable for any User Content. You alone, not Benefactory, are responsible for all of your user generated content and you retain ownership to all User Generated Content. However, by submitting your User Generated Content to Benefactory, you hereby grant Benefactory a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (and waive all moral rights) and license to use, license, distribute, reproduce, adapt, publicly perform, publicly display, create derivative works of, derive revenue or other remuneration from, and communicate to the public, your User Generated Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in your User Generated Content.

Donations

The funds raised through Benefactory’s services – Website or Act Now widget will go to a registered nonprofit associated to the cause highlighted in the widget or on the website.

You agree that, when contributing through the website, a minimum Donation amount may apply and that all Donation payments are final and will not be refunded.

Donor risk:

All Donations are at your own risk. When you make a Donation to a campaign, Event, or Charity, it is your responsibility to understand how your money will be used. Benefactory does not warrant that Donations will be used for any particular purpose and is not responsible for any misuse of the Donations. You, as a donor, acknowledge that Benefactory will not be liable for any damages, interests or claims, etc. resulting from not processing such donations/transactions or from any delay in processing transactions/funds/donations, which may be beyond Benefactory’s control.

80G Certificates:

Benefactory will facilitate the issue of 80G certificates from its Nonprofit Affiliates to the Company and/or individual donors. Benefactory shall not be responsible if the tax exemption granted to the NGO is revoked thereby making the 80G certificate invalid, or if the conditions relating to tax exemption to NGO is not observed by the NGO, etc. The Company is solely responsible for its actions from the perspective of complying with the company laws and tax laws of India.

Donor information:

In order to donate to a Campaign through the Website or Widget and receive an official donation receipt, the donor shall provide Benefactory with information including but limited to, name, email address, credit card/ other payment instrument information. You as a Donor acknowledge and agree that, in accordance with the Privacy Policy, your personal information will be shared with the Charity to which such Donor makes a donation (including without limitation as part of a Donor List, as set forth above) and may be used by such Charity in accordance with the Charity’s Privacy Policy. Benefactory is not responsible, and shall not be liable, for any Charity’s use of any Donor information. You, as a donor or a Company, represent and warrant to Benefactory that such information is true and that you are authorized to use the applicable payment instrument.

Payment Processor-

You acknowledge and agree that the use of third party payment processors are integral to the Services and that we may exchange information with such third parties in order to facilitate the provision of Services as set out in our Privacy Policy. Benefactory uses third party payment processing partners to bill you through your Payment Instrument for any Donations made. All donations raised through our Company will also be sent to the nonprofits using Bank Transfers or Razorpay Software Private Limited. In order for you to use RazorPay, our payment processor’s services, you must read and accept its terms and privacy policy available at https://razorpay.com/terms/. You, as a donor, acknowledge that by contributing a Donation to a Campaign, you are agreeing to any and all applicable terms set forth by our payment partners.

Benefactory Escrow is a separate, non-interest bearing no lien account escrow account established by Benefactory with the Escrow Agent that holds all donations belonging to Benefactory Donors until it has been disbursed to the respective bank account the Nonprofit Affiliate provided during the registration process. This account has been set up to ensure Benefactory donor’s funds are protected and fully separated from Benefactory’s operational funds.

The Escrow Agent shall in no manner be liable or responsible for any disputes or claims between the donors and Benefactory, even if the Escrow Agent is made a party thereto. If there are any concerns, you may contact our Escrow Agent, Shreyas N. Shah & Associates. Address: 304 Maker Bhavan No. 3, 21 New Marine Lines, Mumbai 400020

Remittances to the Nonprofit Affiliate for successful transactions under payment facilities, excluding cheques/money orders would be in compliance with directions issued by the Reserve Bank of India (“RBI”) for operation of accounts and settlement of payments for electronic payment transactions, involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009 (“RBI Intermediary Guidelines”). 

Charges

Benefactory does not charge a fee to it’s Business Associates. Benefactory’s charges are limited to the facilitation fee which s charged to its Nonprofit Associates on the terms and conditions agreed to between Benefactory and the Nonprofit Associate. Benefactory charges a transaction fee of 8% of all donations received in connection with the ACT NOW widget and Services. This charge is exclusive of 2% payment processing fees.

Benefactory reserves the right to change its fees from time to time at its sole discretion. It also reserves the right to add or change its features and introduce new fees for these new features.

Rules of Conduct

Benefactory grants you permission to only access and make personal use of the Website, it’s Services (and derivative works thereof) and its Content in any media formats and through any media channels (including, without limitation, third party websites and feeds). You agree not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on Benefactory’s Website / Service, or any portion of it; or delete or fail to display any promotional taglines included in the Website / Service either directly or indirectly, except with written consent of Benefactory. However, you may print or download extracts from these pages for your personal / individual, non-commercial use only. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use.

Benefactory grants Companies and Nonprofit Affiliates a limited, non-transferable, non-exclusive, non- sub-licensable, non-assignable and personal license to (a) use ‘Funds Raised Through Benefactory or ‘Powered by Benefactory’ name and/or logon their websites, social media pages, or marketing/promotional content.

As a Charity, you warrant and agree that (i) all Donations raised for your nonprofit will be used solely as described in the content you share with us and thereby, the cause mentioned on the widget while the funds were being raised (ii) you agree to deliver funds to the ultimate beneficiary directly and as soon as possible (iii) you will comply with all the relevant laws and regulations, including but not limited to any financial reporting obligations (iv) if you share any personal data of a third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority, as required under the applicable law, to provide us with such personal data and allow us to use this personal data for the purposes for which you shared it with us (v) you authorize Benefactory and Benefactory reserves the right to provide information regarding your campaign to Donors, Business Affiliates, beneficiaries of your Campaign or law enforcement, and to assist in any investigation thereof.

As a Company, you warrant and agree that (i) all the donations raised through Benefactory’s widget or through any other campaign in affiliation with Benefactory shall be transferred to Benefactory’s account using RazorPay or through a bank transfer in a timely manner (ii) you will comply with all the relevant laws and regulations, including but not limited to any financial reporting obligations (iii) if you share any personal data of a third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority, as required under the applicable law, to provide us with such personal data and allow us to use this personal data for the purposes for which you shared it with us (iv) you authorize Benefactory and Benefactory reserves the right to provide information regarding your campaign to Donors, Nonprofit Affiliates, beneficiaries of your Campaign or law enforcement, and to assist in any investigation thereof.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or in violation of or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Benefactory server, or the network(s) connected to any Benefactory server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Benefactory forbids you from any attempts to reproduce, duplicate, resell or put to commercial use any part of the Website; any collection and use of any product listings, descriptions; any derivative use of the Website or its contents on other channels (including, without limitation, third party websites and feeds); displaying the name, logo, trademark or other identifier of another person (except for benefactory.live or you).

You agree not to (directly or indirectly): (i) decode , disassemble, reverse engineer or attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Registered Account, Password and Security

You are responsible for maintaining the confidentiality of your password to access the Services, and you are solely responsible for all activities that occur under your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security related to the Services. We reserve the right to require you to alter your password if we believe that your password is no longer secure. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.

Copyright Infringement & Trademark Rights

Unless otherwise stated, copyright and all intellectual property rights in all material presented on the Website (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this Website are the property of Benefactory and are protected under applicable laws in the United States. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Benefactory; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Website / Service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

Third Party Links

Certain sections of the Website may provide links to web sites of third parties. Any information, products, software, or services provided on or through these third party web sites are controlled by the operators of such web sites and not by Benefactory or our affiliates. When you access these third party sites, you do so at your own risk. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of any product or service offered or provided by a third party.

Termination

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. All provisions of this User Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Termination

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your registration. If you wish to terminate your Account, you may do so by following the instructions on the Website or through the Services. All provisions of this User Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Restrictions on Linking and Framing

You may insert a hyperlink to the Website, provided that the link does not state or imply any sponsorship of your Website by Benefactory.

You may not frame or inline link to any of the content of the Website, or include any of our material or intellectual property onto any other website or digital platform without our written permission.

Warranties

THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Indemnification

Each party (the “Indemnifying Party”) hereby agrees to indemnify, defend and hold harmless the other party, its shareholders, equity holders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by such other party (collectively the “Losses”), to the extent such Losses (or actions in respect thereof) arise out of or are based on: (a) the breach of any representation or warranty made by the Indemnifying Party herein, or any of Indemnifying Party’s obligations herein; or (b) any claim arising from the fraud, gross negligence or wilful misconduct of such Indemnifying Party. You further agree to indemnify, defend and hold Benefactory and its affiliates, and their respective officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses, injuries, and damages of any kind (including attorney's fees) resulting from your use, misuse or abuse of the Services or Website, including any content provided or otherwise authorized by you for use in connection with the Services.

Limited Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER BENEFACTORY NOR ITS AFFILIATES SHALL BE LIABLE HEREUNDER (WHETHER IN AN ACTION IN NEGLIGENCE, CONTRACT OR TORT OR BASED ON A WARRANTY OR OTHERWISE) FOR ANY LOSS OF PROFIT, ANTICIPATED PROFITS, REVENUES, ANTICIPATED SAVINGS, GOODWILL OR BUSINESS OPPORTUNITY, OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF OR RELATED TO THIS AGREEMENT. SUBJECT TO THE ABOVE, AND EXCEPT FOR LIABILITY ARISING FROM A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, THE MAXIMUM TOTAL, AGGREGATE LIABILITY OF EACH PARTY FOR ANY AND ALL CLAIMS AND ACTIONS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED TWO THOSAND INDIAN RUPEES (Rs. 2000.)

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 LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Most user concerns can be resolved quickly and to the users satisfaction by emailing Benefactory support at info@benefactory.in. In the unlikely event that our user support team is unable to resolve a complaint you may have (or if Benefactory has not been able to resolve a dispute attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. You agree that, by entering into this Terms of Service, you and Benefactory are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Terms of Service.

Modifications to Terms

Benefactory may add to or change or update these Terms of Use, from time to time entirely at its own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. If we do this, we will post the changes on this page and will indicate the date these terms were last revised. Your use of our Website after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.

Miscellaneous

By accepting this User Agreement, you hereby consent to us sending your organization emails from time to time relating to the Services. You may not assign this User Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this User Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this User Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this User Agreement. This User Agreement (including the Privacy Policy) constitutes the entire agreement between you and us regarding the Services and supersedes all prior agreements and discussions.

Severability

If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).

Electronic Notices

You agree to transact with us electronically. Your affirmative act of registering, using or logging into the Services constitutes your acceptance signature to these Terms. We may provide notices to you electronically (1) via e-mail if you have provided us with a valid email address or (2) by posting the notice on a website designated by us for this purpose. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Service.

Governing law

This Agreement shall be governed and construed in accordance with the laws of India. The courts in Mumbai shall have exclusive jurisdiction over any matter arising out of this Agreement.

If you required any information regarding our Terms, you may contact as at info@benefactory.in