Aarohanwelsoc.org is a platform for giving donations and raising funds through online campaigns termed as crowdfunding, owned by Aarohan Welfare Society Foundation, incorporated under the Section 8 of the Companies Act 2013 (18 of 2013) and rule 18 of the Companies (incorporation) Rules 2014.
We do not promise and provide any financial return in any form whatsoever, including but not limited to financial securities (debt or equity), interest, dividend, profit share, rewards in cash, to individuals who contribute on Aarohan Welfare Society Foundation.
Any donation made on www.aarohanwelsoc.org, by an individual, should not be construed as an investment in any form whatsoever.
Use of the Website, however, is not available to persons who cannot form legally binding contracts under the Indian Contract Act, 1872 (the “Contract Act”). Persons who are not competent to contract within the meaning of the Contract Act, i.e., minors, undischarged insolvents, etc. are not eligible to use the Website. Such persons may not register on the Website, transact on it, or otherwise use the Website.
Access and use of the services
Services are offered as a (Platform) to users, which includes Campaigners , 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 (“Campaigner”) to post a fundraising campaign (“Campaign”) to the Platform to accept monetary donations (“Donations”) from those users wishing to contribute funds to the Campaign (“Donors”).
“Beneficiary” includes an individual, a group of individuals, or any entity that benefits from Donations raised through a Campaign.
“Recipient” includes an individual or entity that receives Donations on behalf of the Beneficiary herein “Aarohan Welfare Society Foundation”.
A percentage of each Donation will be charged as campaign charges for our Services and those of our third party payment processors. Please see our Campaign Charges section for details.
Donations for Tax Exemptions
Campaigns, unless otherwise clearly stated by us, can not be taken as tax-deductible charitable contributions. However you understand and acknowledge that as a Campaigner, represent and warrant that, you are 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.
Terms and conditions that applies to Campaigners
You, as a Campaigner holds full responsibility that
We reserve the right to provide information relating to your Campaign with donors and beneficiaries of your Campaign with law enforcement or to assist in any investigation.
The fund-raising 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 us. You may or may not be able to raise the targeted amount in the designated period. We can reject your fundraiser for inappropriate or insufficient content, at our sole discretion.
We will not be responsible in any way whatsoever on the amount of contributions received. It will be your sole responsibility to address any query on objection, from a donor, in regards to utilisation of funds.
Campaigns on the platform shall automatically terminate within 24 hours of the goal amount of the Campaign being reached.
You shall not use any content created by us, partially or wholly, for any other fundraising or awareness purpose without the written consent given by us. In the event you receive such consent, you shall provide written credits and provide links or correspond on social media handles of us, while using such content, and adhere with such other terms that may be prescribed by us from time to time.
Provided that all statutory verifications and KYC you have provided to us that substantiate the utilisation of funds you may receive, all contributions collected for your Campaign will be transferred to the designated bank account that you specify. We will process fund transfer, post receipt of your withdrawal request.
At the time of transfer of funds, you will receive contributions net of Campaign charges, Payment Gateway Fees, applicable taxes, or any other fees mutually agreed upon between you and us.
If you are an organisation eligible to issue tax deduction certificates under Section 80G of Income Tax Act, 1961 to your donors who made contributions in Indian Rupees, we will facilitate the process 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. We will not take any liability, in any form whatsoever, in this regard.
Your Registration Obligations
Member Account, Password
You are responsible for maintaining the confidentiality of your password and account and fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorised use of your password or account or any other breach of security (b) ensure that you sign out from your account at the end of each session when accessing the Services. We will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we 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 agree that we can’t be held responsible or liable for the deletion or failure to store any data or other content maintained or uploaded by the Services. A Campaign will be live for 15 days from its approval. You acknowledge that we reserve the right to terminate accounts or Campaigns that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, with our sole discretion, with or without notice.
Conditions of use
You are solely responsible for all Campaign descriptions, comments, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or transmit or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by us. However, this list is not exhaustive and we reserve the right to investigate anyone by engaging public and private organisations, including, but not limited to collection agents, private investigators, and local, state, federal and international agencies, and take appropriate action against anyone who, in our sole discretion, violates any of the terms or spirit of these Terms of Service (or the principles described in our preamble hereto), including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any such Campaign, freezing donated funds when we reasonably believes it to be required by applicable law, and reporting you to the law enforcement authorities or otherwise taking appropriate legal action. 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
You agree that you are solely responsible for your interactions with any other user in connection with the Services and we will have no liability or responsibility with respect thereto. We reserve the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
Terms of Donations
We are not a Broker, Financial Institution, Creditor, Lender or insurer to any user. We only provide the platform between Campaigners and Donors, but are not a party to any agreement between a Campaigners and Donors. Though we confirm the genuinity of the campaign but we have no control over the conduct of, or any information provided by a Campaigner or entity, and we hereby disclaims all liability in this regard. Anyone is free to report issues related to a Campaign to us and we will take necessary action to the best of our abilities.
We do not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all 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. 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 Campaigners provide. 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 Campaigns. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws, and such responsibility rests solely with the Campaigner, 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 valid reason to believe that a Campaigner or Entity is not raising or using the funds for their stated purpose, please “Report” us of this potential issue and we will investigate to the best of our abilities.
We encourage you to review the Frequently Asked Questions section of the website before making donations for greater trust and transparency.
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 by regulatory authorities.
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 regulatory or statutory action.
(i) candidates for election
(ii) correspondents, columnists, cartoonists, editors, owners, printers or publishers of registered newspapers
(iii) judges, government servants, or employees of any corporation or any other body controlled or owned by the government
(iv) members of any legislature
(v) political parties or their office bearers
(vi) organisations of political nature, as may be specified by the central government
(vii) associations or companies engaged in the production or broadcast of audio news, audio visual news, or current affairs programmes through any electronic mode or any other mode of mass communication
Requesting Transfer Of Donations from a Campaign
Subject to approvals, you, as a Campaigner may request for transfer of funds raised against your campaign at any time up to the full amount of all donations, (less campaign charges) and subject to any Holds that we may place on your Campaign account.. While we strive to transfer funds promptly, we expressly disclaims any and all responsibility for any delay or inability to access and use funds at any specified time, and any consequences arising from such delay or inability.
Donations once made are final and cannot be refunded, except in accordance with our Refund Policy. However, we will issue refunds for the following “exceptional” scenarios.
All refunds will credited to the original mode of payment in 7-10 bank working days.
We may retain a flat percentage of each Donation contributed to a Campaign and all charitable contributions made to a Charity (collectively as Campaign Charges) An additional payment processing fee is also deducted from each Donation and is payable directly to our third party payment processors (“Payment Processing Fee”) In some cases, where the Campaigner has requested through a written consent, for additional outreach for social media to raise funds, we shall retain an additional percentage of each Donation contributed to a Campaign towards the costs incurred for such efforts (collectively, “Additional Outreach costs”) 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.
Fees are deducted directly from each Donation, and will not be reflected in the amount which a Campaigner is receiving. We reserve the right to change pricing from time to time and will be applicable to all users.Your continued use of the Services after the Fee change becomes effective constitutes your acceptance of the updated Fees.
We reserve the right to terminate an account if we have a reason to believe (at our sole discretion)
(i) that information provided by a Campaigner is false, misleading, or fraudulent, or that funds are being used in a prohibited manner
(ii) if the funds available demanded by a person other than the Beneficiary (such as a legal beneficiary or person entitled by law to act on behalf of a Beneficiary)
(iii) if we have reason to believe that a Campaigner has violated any of the “Terms of Service”
(iv) if we think we need additional documentation to have reasonable assurance on utilisation of funds for the purpose stated in the Campaign
(iv) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations.
Further, you agree that we will not be liable to you or any third party for any termination of your access to the Services.
Anti-Money Laundering (AML) policy
We comply with the Anti-Money Laundering (AML) guidelines established by the Reserve Bank of India, vide it’s circular RPCD.RRB.RCB.AML.BC.No.02/07.51.018/2014-15 on 1 July, 2014 and updated from time to time. The guidelines include, but is not limited to, the following salient conditions:
(i) Every Campaigner has to verify his/her identity as per Know Your Customer (KYC) in the guidelines. This includes verification of registered mobile number via a One Time Password (OTP), and may also include one of the identification documents viz. Permanent Account Number, Aadhar Card, Passport, Driving License, Voter Id . recognised by the Reserve Bank of India.
(ii) Verification will be compulsory to receive funds. Failure to comply, may result in cancellation of a fundraising campaign, and funds may be returned to donors in such a scenario.
(iii) Campaigner can not create multiple campaigns.
(iv) only standard channels of payment – verified credit or debit cards, netbanking, bank transfers, cheque, prepaid instruments such as wallets, Unified Payment Interface or cash (upto limits allowed by the RBI) – will be allowed. In case of cash payments, all payments above INR 10,000 have to be furnished with the Permanent Account Number of the donor. Cash payments are accepted for Indian residents only.
AML policies will be updated time to time as per Government’s guidelines
Intellectual property rights
Content, Software and Trademarks
You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by us from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorised herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Aarohan Welfare Society Foundation, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by us.
The Aarohan name and logos are trademarks and service marks of Aarohan (collectively the “Aarohan Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our Trademarks displayed on the Services, without our prior written permission in each instance.
Third Party Material
Under no circumstances will Aarohan be liable in any way for any content or materials of any third parties (including users and Campaigners), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we does not pre-screen content, but that Aarohan and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Aarohan and its designees will have the right to remove any content that violates these Terms of Service or is deemed by us, in its sole discretion, to be otherwise objectionable.
User Content Transmitted Through the Services
With respect to the content, photos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading any User Content you hereby grant and will grant us and our affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Aarohan and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of us in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Aarohan’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Aarohan, its users or the public.
we respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to us.
To be effective, the notification must be in writing and contain the following information:
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent
If a counter-notice is received, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion for users who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third party websites/services
The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. We have no control over such sites, services and resources and we are not responsible for and do not endorse such sites, services and resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.
Social networking services
In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. We enable these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and release
You agree to release, indemnify and hold Aarohan and its affiliates and their Directors, employees and Volunteers harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation, Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another.
Disclaimer of warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE AND OUR AFFILIATES MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL WE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, Two Thousand 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.
Aarohan and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
These Terms of Service constitute the entire agreement between you and Aarohan and govern your use of the Services, superseding any prior agreements between you and us with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of India without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and we agree to submit to the personal and exclusive jurisdiction of the state and courts located within Panchkula, Haryana. The failure of Aarohan to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of us, but we may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.