Terms and Conditions

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Terms and conditions

Disclaimer

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.

Terms of use

These terms of use (“Terms of Use”) are entered into by and between you (“you”) and Aarohan Welfare Society Foundation(“Company”), owner of the website www.aarohanwelsoc.org (the “Website”). It governs your access to and use of every content, functionality or services offered on or through the Website.

These Terms of Use apply to you even if you are a guest and not a registered user of the Website. Please therefore read these Terms of Use carefully before using the Website. By using the Website or by clicking to accept or agree to the Terms of Use, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes and the revised Terms of Use. We do not undertake to notify you of proposed or actual changes.

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.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Services from time to time, including, without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service. We encourage you particularly if you intend to donate to a campaign or raise funds through campaign for a need, to review the Campaign Charges section of these Terms of Service.

 

Access and use of the services

Services Description 

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

  • all information you provide in connection with a Campaign is accurate, complete and not otherwise designed to mislead, defraud or deceive any user
  • all Donations contributed to your Campaign will be used solely as described in the materials that you post
  • you will comply with all relevant local, state, international and Union laws applicable to you when you solicit funds.

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.

  • In certain instances, as determined by us at our sole discretion we may provide Campaigns with marketing services. In such instances, your consent to the use of Original Materials, Interviews, Photos, and Video Release by us and also allow deductions towards additional outreach costs incurred towards the marketing efforts.
  • You hereby indemnify and agree to keep indemnified and hold safe and harmless to us, our Directors, employees and Volunteers against all such liabilities or claims and also against any loss or damage that may arise on the Party, its Directors, employees and volunteers on account of acts of omission, utilisation of funds by us on anything other than the stated Purpose, lack of necessary regulatory approvals for receipt of funds in any form or for carrying out the activities required for execution of the Purpose. The indemnities if any shall survive beyond the period of the Agreement. Please read details of the indemnities in a section below in this page.

 

Your Registration Obligations

You are required to register with us in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted in registration form. Campaigners must register using their true identities, including their name and any image purporting to depict them. Registration data and certain other information about you are governed by our Privacy Policy.

 

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

User Conduct

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

  • any activity that violates any law or governmental regulations
  • content or campaigns that are fraudulent, misleading, inaccurate or dishonest
  • 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
  • libel, 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
  • 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, organising 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 Aarohan, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type
  • 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

 

User disputes

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

Donations made and transactions performed through our Website are governed by the terms set forth herein and elsewhere in these Terms of Use. Donors may make contributions towards any Campaign on the Website provided such donation is in compliance with Indian law.

  • In order to contribute to a Campaign, You, as a Donor, represent and warrant to us that all information, including information related to credit cards other payment instrument provided by you is true. You are authorized to use the payment instrument. You agree that a certain minimum Donation amount may apply.
  • That all Donations made are final and cannot be refunded.
  • We shall transfer funds raised, net of its costs, charges and fees into the bank account details designated by the Campaigner. Once we have made transfers into the designated bank account, we shall be discharged of any/all liability towards the Campaign beneficiary and donors and the Campaigner.
  • The Purpose, has been clearly declared on the fund-raising page, and you have clearly understood the project and the utilisation of funds.
  • Your donations will be transferred to the Recipient, and will be utilised for the benefit of the Beneficiary.
  • Any Tax Deduction Certificate (for Indian contributors only) will be issued by the entity, as defined in the section of these Terms of use and you have understood the same. We will not be responsible for any Tax certificates or benefits.

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.

 

Refund Policy

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.

  • A Campaign has been identified as a fraudulent or violating the terms and no funds have yet been transferred to the beneficiary towards the same.
  • Campaigner has posted an update that the intended purpose of the fundraising campaign is no longer possible and no funds have yet been transferred to the beneficiary towards the same.

All refunds will credited to the original mode of payment in 7-10 bank working days.

 

Campaign Charges

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.

 

Account Termination

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.

 

Copyright Complaints

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:

  • an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest
  • a description of the copyrighted work or other intellectual property that you claim has been infringed
  • a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services
  • your address, telephone number, and email address
  • a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.

 

Counter-Notice

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

  • your physical or electronic signature
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled
  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content and
  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of Panchkula, Haryana, India and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

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

You may enable or log into the Services via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Services, we make your online experience richer and more personalised. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and our use, storage and disclosure of information related to you and your use of such services within Aarohan (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services uses, stores and discloses your information is governed solely by the policies of such third parties, and we shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the 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.

 

Arbitration agreement

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:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising)
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of this Terms of Service.

 

Entire Agreement

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.

 

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