Terms & Conditions

Terms of Use

LAST UPDATED: MARCH 31ST, 2021

 

Please read these Terms of Use/Terms and Conditions carefully before using www.penn.org.in

 

“Website”, owned by the company PENN TRUST (the “Company”), This agreement sets forth the legally binding terms and conditions for campaigners, funders and visitors (collectively called “You” or “Users”) of the Site. By using the service/services in any manner, including, but not limited to, visiting or browsing the site or contributing content, information, or other materials or services to the site, you agree to be bound by this agreement.

 

Kindly note that www.penn.org.in is an online platform connecting donors and donees for charitable donations. We do not 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 www.penn.org.in. We are not providing any services that are akin to fund management or pooling of funds. Any contribution on www.penn.org.in by an individual, should not be construed as an investment in any form whatsoever.

 

It is clarified that all references to ‘he’, ‘his’, ‘him’ and ‘himself’, in the context of the User, shall be deemed to include references to Users of the opposite gender as well as Users who are legal or non-natural entities.

 

 

 

 

 

 

 

 

1. Summary of Services

1.1 PENN TRUST operates an online platform under www.penn.org.in where users (‘Campaigners’) run campaigns to raise funds for their creative & innovative projects, including for charitable purposes. They raise funds by asking for contributions from other users (‘Funders‘) in return for tangible and intangible rewards. www.penn.org.in also allows Users to raise funds for the programs of approved non-profits (“NGO Partners”) through charitable donations. The Funders do not get any monetary return on their funding amount.

1.2 While we try our best to do so, we cannot and do not verify 100% of the information that campaigners supply. 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 campaigner for Campaigns that raise more than INR 50,000, or in other cases that PENN TRUST may determine, at its sole discretion. However, please understand that we can not guarantee that 100% of the time Donations will be used in accordance with any fundraising purpose prescribed by a campaigner or Charity. 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 or Charity, 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 importantly we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a campaigner or Charity is not raising or using the funds for their stated purpose, please use the “Report” button on the Campaign to alert our team of this potential issue and we will investigate to the best of our abilities.

2. User Content Submissions

2.1 Through the Site, email, websites, and other media, the Owners makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Users may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. By creating a fundraising campaign on the Site, you as the Campaigner are offering the public the opportunity to enter into a contract with you. By funding a campaign on the Site, you as the Funders accept that offer and the contract between the Campaigner and the Funders. Neither www.penn.org.in nor the Owners are party to that agreement between the Campaigner and Funders. All dealings are solely between Users.

2.2 Users may not Submit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. The Company will not be responsible for such actions or conduct or any such Content which a User shares.

2.3 Users shall not submit their content directly .  Content will be vetted by Administrator and approve, post which only the content will be submitted / posted.

3. Acceptance of Terms

3.1 Users accept the Terms of  PENN TRUST by:

3.1.1 creating an account on the Site;

3.1.2 signing up on the Site; and /or

3.1.3 making use of the feature of the Site or the Services available therein, You agree and acknowledge that

3.1.3.1 You are eligible to contract with Us,

3.1.3.2 You have read the Terms; and

3.1.3.3 You agree to be bound by the Terms.

3.2 The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy (that can be found on the Site) mentioned in this document and all other operating rules, policies, and procedures that may be published on the Site, which are incorporated by reference and may be updated by the Company without notice to you. In addition, some Services offered through the Site may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

4. Modification of Terms of Use

4.1 The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the Site and its services (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

5. Registration

5.1 You may view Content on the Site without registering, but as a condition of using certain aspects of the Site, you may be required to by: (i) creating an account on the Site; (ii) signing up on the Site; and /or (ii) making use of the feature of the Site or the Services available therein. You may Register with the Company and its Site and create a User profile using a “User ID” and password. The Site also allows you to use your Facebook profile as your login preference; however, the Site does not post or publish anything on your Facebook profile without your permission. Additionally, you shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or project name, any name or term that:

5.1.1 is the name of another person, with the intent to impersonate that person; or

5.1.2 is subject to any rights of another person, without appropriate authorization; or

5.1.3 is offensive, vulgar, or obscene; or

5.1.4 is in violation of any applicable law or contractual obligation

5.2 The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User’s expressed permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.

5.3You may deactivate your account at any time you desire, in which case Your profile information, including your name, contact details and profile picture uploaded by You, will be deleted from our database in 90 days. You also understand and agree that though you may delete your account or some information from your account, the same may still appear in some online searches. Company / Owner has no control over the search results that show up in such third party engines or websites.

6. Fund Transaction and Accountability

6.1 The Site offers various payment gateways to facilitate transaction of funds for campaigns. However, it may be noted that the Site or the Company:

6.1.1 Are not the final recipients of any funds from the Funders directly, but a service provider, which enables receipt of funds (both domestic and foreign) by campaign owners, who are the final recipient of funds.

6.1.2 Collects the funds in the Company bank account till the campaign is running for a time period chosen by the Campaigner. And transfers the funds to the beneficiary’s bank account during or after the campaign’s time period has ended based on the instruction of the campaigner or beneficiary.

6.1.3 Does not generate contributions and Funders for a campaign.

6.1.4 Does not guarantee that the target funds of a campaign will be raised fully.

6.1.5 Does not offer the platform to Users for investing in a project for the purpose of equity, loans/debt, or profit sharing.

6.1.6 Shall receive all contributions from Funder(s) (where the Funder is not an Indian citizen) via accounts or cards issued by the United States of America (“USA”) or other countries except for India in its registered bank account in the USA.

6.1.7 If you are an organization, eligible to issue tax deduction certificates to your donors, PENN TRUST will facilitate such activity 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. PENN TRUST will not have any liability, in any form whatsoever, in this regard.

7. Terms and Conditions for Campaigners

7.1 CONSENT

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER/ELECTRONIC SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
This consent form (“Form”) records the consent of the undersigned Patient or the Patient’s legal guardian (as the case may be), for use and online / digital release of original document(s), statement(s), interview(s), photograph(s), video(s) or any other likeness including any personal information and/or medical records (the “Materials”) relating to the Patient.

7.1.1 Undertaking I, the undersigned Patient (or the Patient’s legal guardian, as the case may be) hereby consent to and authorize the use and/or online / digital release of Materials by PENN TRUST, a company incorporated under the Companies Act, 2013 and having its registered office at Penn – Prevention and Empowerment of  Women, 116/71, Apparswamy koil Street, Mylapore, Chennai, Tamilnadu 600004, help@penn.org.in

(hereinafter referred to as “PENN TRUST” which expression shall unless repugnant to the context or meaning thereof mean and include its successors and permitted assigns), in relation to hosting and operating an online fundraising campaign (“Campaign”) for Women Safety in the Digital Age.

7.1.2 Declaration and Release I, the undersigned Patient (or the Patient’s legal guardian, as the case may be) hereby declare the following:

7.1.2.1 I have read and understood the Terms of Use and Privacy Policy provided by PENN TRUST for the use of their platform to create a Campaign. I have been able to ask questions about the platform and the Campaign and my participation in the same. I understand that to contribute to the success of the Campaign and to meet its objectives, it is important for PENN TRUST to collect the Materials from me.

7.1.2.2 I fully understand that the Campaign may not provide the full amount required for the purposes of Patient’s treatment and agree to pay any (balance) dues to the Hospital and/or any other expenses in relation to the treatment, including but not limited to pharmacy bills, food and housekeeping expenses.

7.1.2.3 My participation in the Campaign and the consent granted herein are voluntary. I have been clearly informed by PENN TRUSTthat in the case that any one of the Hospital or the Patient (and/or Patient’s legal guardian) wish to terminate this Campaign at any time, they may notify the assigned campaign manager or PoC (point of contact) and that the Campaign will be terminated within 24 (twenty-four) hours of receipt of such notice.

7.1.2.4 I have authorized PENN TRUST to make such efforts as may be required for increasing the outreach of the Campaign across all physical and online / digital media including by way of dissemination of Materials to prospective donors to the Campaign and/or on its platform.

7.1.2.5 I hereby authorize PENN TRUST to utilize any donation amounts remaining after fulfilment of the purpose specifically stated in my Campaign with respect to treatment and amount of funds required and or estimated, towards other Campaigns on its platform in need at the sole discretion of PENN TRUST.

7.1.2.6 I hereby agree to share to the best of my knowledge, all details required but not limited to Health Insurance availability, quantum of money which can be claimed and claim status.

7.1.3 Commercials: PENN TRUST charges certain service fees in order to facilitate its services to the users of its platform. Please visit www.penn.org.in/pricing to know more or reach out to your Campaign manager at any time for more information on the same.

7.1.4 Compliance with Terms and Conditions In relation to the Campaign, I, the undersigned Patient (or the Patient’s legal guardian, as the case may be) hereby agree and undertake that:

7.1.4.1 all Materials and/or any other information provided in relation to Patient’s prescribed treatment and financial standing are true, accurate, authentic and credible and accompanied by estimates of the expenses, for the above treatment, on the letterhead of the Hospital;

7.1.4.2 in the event of any discrepancy found with any Materials and/or other information as described above, PENN TRUST shall have the right to immediately terminate the Campaign and refund all donations to the respective donors;

7.1.4.3 PENN TRUST will only transfer funds raised in the Campaign to the campaigner’s to bring awareness and Prevention of Sexual Harassment to women in this Digital Age. This will be at sole discretion of  PENN TRUST.

7.1.4.4 I have no claims over any funds in excess of the target set out in the Campaign and PENN TRUST shall have the right to utilise such funds towards other campaigns;

7.1.4.5 the efforts by PENN TRUSTare only limited to increasing outreach of the Campaign, and that PENN TRUSTdoes not guarantee the success of such Campaign or fulfilment of targets set out therein;

7.1.4.6 PENN TRUSTshall not be liable to transfer funds towards the treatment of the Patient, unless a satisfactory photo identity proof (such as Aadhaar Card or any other KYC / verification document) that matches with the photos and medical documents submitted by Patient (or Patient’s legal guardian, as the case may be) for the purposes of the Campaign.

7.2 Exclusivity

7.2.1 The Campaigner shall not, directly or indirectly, run or be associated with any other crowd funding campaigns on any other platform, or directly or indirectly, run an independent or separate crowd funding campaign at any time during the period the Campaigner is crowd funding on the Site.

7.2.2 The Campaigner shall be liable for any and all damages or losses, including indirect or consequential damages or losses, arising from or in relation to the breach of the above exclusivity clause and the Campaigner agrees to indemnify and hold the Company / Owner harmless in case of any such damages or losses.

7.3 Project submission and evaluation

Campaigners have to go through a free mandatory evaluation process in order to get selected by the Site for the purpose of hosting their campaign and raising funds. The mandatory questions on the evaluation form have to be filled before a Campaigner can be reviewed. Project details submitted in the evaluation form are kept confidential within the Company, however Company / Owner does not ensure that it would prevent any leakage of information outside.

7.4 Campaign approval or rejection

The Company follows proprietary guidelines and criteria while selecting a campaign/project for the purpose of raising funds on the Site. Only those Campaigners, whose projects are approved by the Company, are allowed to raise funds on the Site by running their campaigns. The Company reserves the right to select or approve a campaign as per these guidelines and also reserves the right to communicate or not communicate the reasons for rejection. Approved Campaigners have to adhere to the Fee Structure as set out below before going ahead to create and run their campaigns.

7.5 Fee Structure

7.5.1 The Campaigner agrees to pay Company / Owner the following fees in relation to the Campaigner’s crowdfunding campaign(s):

7.5.1.1 Platform fees as applicable to a particular campaign, as mentioned on https://penn.org.in/donationto be charged on the total amount of funds raised at the end of your campaign, if your campaign meets or exceeds its funding goal successfully. GST and other taxes, if any, shall be payable on this amount at the rates applicable as on the date of campaign settlement.

7.5.1.2 Payment gateway fees of 3% + $0.30 (per transaction for international transactions) will be charged on the amount of funds raised as a part of campaign. GST and other taxes, if any, shall be payable on this amount at the rates applicable as on the date of deduction of payment gateway fees.

7.5.1.3 Fees towards Digital Marketing, Content, Video, PR or other services: These are optional services which shall be charged as per platform on which the services are executed. GST and other taxes, if any, shall be payable on this amount at the rates applicable as on the date of payment. Campaigner will have to fund these expenses in advance or the Company may deduct fees on settlement of the campaign.

7.5.1.4 The above fees are non-refundable and non-negotiable under any circumstances.

7.6 Campaigner’s obligations & liabilities

7.6.1 Campaigners are solely responsible for creating their own campaign pages within the format provided by Company / Owner / Site. Campaigners must source all relevant content including text, images, and videos themselves. You further agree that your content or any other submission will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Site all of the license rights granted herein. You will pay all royalties and other amounts owed to any person or entity based on your submitting content to the Site or the Company’s publishing or hosting of the content as contemplated by these Terms of Use. The use or other exploitation of content by the Company and Users as contemplated by this agreement will not infringe or violate the rights of any third party. Furthermore, all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated. The Company will not be liable for any errors or omissions in any content. The Company cannot guarantee the identity of any other Users with whom you may interact while using the Site. All content you access through the Site is at your own risk and you will be solely responsible for any resulting damage or loss to any party. No campaign with the Sitecan launch without the approval of all the campaign page elements i.e., the pitch video, pledge content, images, team bios etc. The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your content. Company / Owner feedback to change the elements, if given to the Campaigner, must be implemented by the Campaigner. Company / Owner holds the right to disallow unsatisfactory campaigns from going live on our platform.

7.6.2 Campaign target & timeline

7.6.3 The Campaigner is not allowed to change the funding goal and/or time period, after his campaign has one live and made available to public on the Site.

7.6.4 Company / Owner / Site does not guarantee in any way whatsoever the amount of potential contributions that could be received by any campaign.

7.6.5 Every campaign has a funding goal and only up to 365 days to reach this funding goal.

7.6.6 Once the funds required for a particular cause have been received in full, Campaigners will not be allowed to raise separate new fundraiser for the same cause.

7.7 Campaign Marketing

7.7.1 The Campaigner is solely responsible for marketing his campaign to friends, family members, and fans, through various online & offline channels. The Company / Site will only provide marketing guidance in the form of a pre-live marketing strategy and marketing tips & tricks post campaign launch, if applicable according to the pricing. If a Campaigner has paid for Digital marketing and PR services, the services provided are only restricted to running such survives on the platforms so agreed upon. Eg. Facebook, Twitter, Instagram etc. However, the Company / Site does not, under any circumstances whatsoever, guarantee campaign success. All risk in relation to the success or failure of the campaign shall lie solely with the Campaigner. You shall not use any content created by the company, partially or wholly, for any other fundraising or awareness purpose without the written consent of the company. In the event you receive such consent, you shall provide written credits to the company and provide links to the company’s website or corresponding social media handles of the company, while using such content, and adhere with such other terms that may be prescribed by the company from time to time.

7.7.2 The Company / Site reserves the right to share donor details with the campaigner, if the Company / Site is conducting digital and email marketing eg. Facebook, Twitter, Instagram, Taboola, etc for the particular campaign. For such campaigns, the Company / Site may re-create the campaign from an official account eg. help@penn.org.in, resulting in no donor details being passed on to the campaigner.

7.7.3 The Company / Site may, at its sole discretion, showcase live in its periodic emailers to its database or on its Facebook and Twitter or other social media profiles. Campaign performance may influence selection but does not ensure it.

7.7.4 In such instances, campaigners give consent to the use of Original Materials, Interviews, Photos, and Video Release by the company and also allow deductions towards additional outreach costs incurred towards the marketing efforts.

7.7.5 For Balance funds remaining after settling dues, the Company reserves the right to use these funds on other campaigns or causes or purposes where funds might be required.

7.8 Campaigner email database

7.8.1 The Campaigner hereby agrees to grant the Company / Site unrestricted and unconditional access to the Campaigner’s contacts database (including email addresses, phone number, address, virtual profile handles, virtual profile address, virtual profile link, etc.) and permits the Company / Site, in perpetuity, to retain, save, access and reach out to all such persons / entities forming part of the Campaigner’s contacts database for the Campaigner’s Campaign as well as for any and all future campaigns launched on the Site whether or not such campaigns are related to the Campaigner. It is clarified that the Campaigner shall share such Campaigner’s contacts database with the Company / Site as part of formulating its Campaign.

7.9 Reporting

7.9.1 All Campaigners are provided all information about their Funders in the analytics section of the Campaigner profile. In order to enable total transparency of funds, Campaigners can access information about funds collected through real time emails for every funding transaction & Funder reports are downloadable at the discretion of Campaigners. However, the Company / Site is not liable for incorrect Funder information provided by Funders. Campaigner must connect with Funders directly, without involving the Site or the Company, to get any other information other than contacts details or other than the details of the Funders provided by the Company / Site to the Campaigner.

7.9.2 It is clarified that if at any point in time, you believe that the Campaigner is not raising or using the funds for its stated purpose, you may file a complaint by using the button “Report” on our website and alert our team regarding potential fraud or malpractices. Upon receipt of such a complaint, our team shall investigate the matter to the best of our abilities and the outcome of the same shall be updated on our Site.

7.10 Financial Transaction Facility – Campaigner

7.10.1 You, as a Campaigner, shall be required to register yourself with the Company and provide the Company with all the necessary information as may be deemed by the Company from time to time including but not limited to banking details / income tax details such as PAN and registration certificates under various provisions and laws, etc. Further, fulfill the commitments made to the Funder in the manner as detailed in the campaign and in a timely manner. The Company may seek information regarding the use of the funds raised by the Campaigner even after the campaign has ended and provide the details to the Funders.

7.10.2 If for any reason there is a chargeback on a transaction/donation to the Company and if the funds are already transferred by the Company to the Campaigner/beneficiary the Campaigner/beneficiary will be liable to refund the amount that has been charged back to the Company.

7.10.3 If a transaction is found to be fraudulent after the amount has been transferred to the Campaigner/beneficiary by the Company, the Campaigner/beneficiary will be liable to refund the amount to the Company, failing to which the Company shall have the right to initiate the legal proceeding against the Campaigner/beneficiary.

7.10.4 If the Company / Site finds any suspicious activity with a particular campaign / campaigner, the Company may at its sole discretion immediately suspend the fundraiser and refund all transactions associated with it, if found fraudulent in any manner. The company may also lodge an official complaint with the Cyber Security Cell against the campaigner in such a case.

8. Fund Management

8.1 Transfer and Usage

8.1.1 The Company / Site only enables the flow of funds from Funders to Campaigners and is not the final recipient of funds raised (other than commission payable by the Campaigner) on its platform.

8.1.2 Campaigns may be either

8.1.2.1 India based (i.e. campaigns where Campaigners seek to implement the project in India and accordingly, have an Indian bank account into which the campaign Funder’s contributions may be released) or

8.1.2.2 foreign based (i.e. campaigns where Campaigners seek to implement the project outside India and accordingly have a foreign bank account into which the campaign Funder’s contributions may be released).

8.1.3 In case of successful Campaigns, no donations/contributions shall be refunded. In case of extenuating circumstances, the donations/contributions may be refunded solely at the discretion of the Company / Site. All fees including GST and other taxes, if any as listed above and thereafter will be deducted before transfer of the net amount.

8.1.4 Account Holds: From time to time, the Company may place a hold on a campaign bank account (a “Hold”) restricting withdrawals by a Campaigner. Some of the reasons that we may place a Hold on a campaign bank account include the following:

8.1.4.1 if we have reason to believe (in our sole discretion) that information provided by a Campaigner is false, misleading, or fraudulent, or that funds are being used in a prohibited manner;

8.1.4.2 if the funds available should be provided directly to a person other than the Campaigner (such as a legal beneficiary or person entitled by law to act on behalf of a Campaigner);

8.1.4.3 if we have reason to believe that a Campaigner has violated these Terms of Service;

8.1.4.4 if we think we need additional documentation to have reasonable assurance on utilization of donations for the purpose stated in the campaign; or

8.1.4.5 if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations.

If you have questions about a Hold we may have placed on your campaign bank account, or need information about how to resolve the Hold, please contact us at help@penn.org.in .

8.2 Foreign Funds

8.2.1 All foreign contributions shall be required to be made in strict compliance with applicable Indian laws. The Campaigner represents and warrants that it is aware of the Foreign Contribution Regulation Act, 1976 and its contents and is seeking contributions in full compliance with the provisions of Foreign Contribution Regulation Act, 1976. Further, the Campaigner covenants that it shall, at all times, remain in absolute and full compliance with the provisions of Foreign Contribution Regulation Act, 1976, in relation to the campaign.

8.2.2 If the Campaigner is a non-governmental organization, it shall have to be registered/approved with Foreign Contribution Regulation Act, 1976 to be able to receive foreign contributions.

8.2.3Recipients (campaign organisers, whether individuals or organizations) will comply with foreign exchange rules as explained by the Foreign Exchange Management Act, 2000 and the RBI regulations on crowdfunding as applicable. Any failure to do so may result in cancellation of fundraiser, and refund of donations, to the cancelled fundraiser, to respective donors.

8.2.4 In case of contributions received outside India, Recipients (Beneficiary of Campaigns, whether individuals, associations, nonprofits, social enterprises, hospitals, companies, or organizations) agree that they have the necessary regulatory permissions to receive such funds. Such permissions include but are not limited to the Foreign Contributions Regulation Act (FCRA), and/or Foreign Exchange Management Act (FEMA) and/or and others relevant regulations amended from time to time by Indian central government, state government and other regulatory authorities.
Please note that in accordance with the currently prevailing 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 Recipients with immediate effect from such regulatory or statutory action.

• candidates for election
• correspondents, columnists, cartoonists, editors, owners, printers or publishers of registered newspapers
• judges, government servants, or employees of any corporation or any other body controlled or owned by the government
• members of any legislature
• political parties or their office bearers
• organisations of political nature, as may be specified by the central government
• 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;
• correspondents or columnists, cartoonists, editors, or owners of associations or companies referred in the clause above.

All recipients who receive foreign funds must comply with FCRA guidelines by applying for an FCRA certificate and inform the Central Government in Form FC-1 within thirty days from the date of receipt of such contribution whenever applicable. This form is available on the website of the FCRA website. https://fcraonline.nic.in/FC1.aspx . All recipients additionally agree that any foreign contribution received cannot be transferred to any other person, with “person” defined as per the FCRA act.

The recipients acknowledge and agree that PENN TRUST does not verify this information and it’s the responsibility of the recipient to procure the necessary approvals and do the necessary compliances before they withdraw the foreign funds received for the campaign. By asking to withdraw the foreign funds it’s understood by PENN TRUST that the recipient has completed the necessary compliances as per the FCRA or FEMA guidelines and rules.

You shall indemnify, defend at PENN TRUSToption, and hold PENN TRUST, its parent companies, subsidiaries, affiliates, associated nonprofit entities, and their Promoters, Directors, investors, officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of violation of these Terms incl. any violation of the Foreign Contributions Registration Act (FCRA), and/or Foreign Exchange Management Act (FEMA). The indemnities if any shall survive beyond the period of the Agreement.

8.3 Taxation/Donations/Contributions

8.3.1 Campaigners must bear any and all tax liabilities on the funds raised through Company / Owner / Site. These taxes may include, but are not limited to, income tax, VAT, service tax and GST applicable on the funds raised or on the procurement of rewards. Company / Owner / Site is not liable to provide any tax or legal advice to Campaigners. Information provided in FAQs are only a guideline and subject to change without notice.

8.3.2 The minimum amount that can be donated/contributed is INR 200 via debit / credit card. Through other methods, the minimum amount is INR 1

8.3.3 If you are an organization eligible to issue tax deduction certificates under Section 80G of Income Tax Act, 1961 to your donors who made contributions in Indian Rupees, the company will facilitate the process through its proprietary software application 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. The company will not have any liability, in any form whatsoever, in this regard.

8.4 Use of funds

8.4.1 The Campaigner must use the funds collected through the Site solely for the project described in their crowdfunding campaign. Campaigners shall be liable to legal prosecution by Funders and/or Company / Owner (jointly and severally) if they are found to be using funds for any purpose other than that specified at the time of raising the funds, or other inappropriate purposes. The Site can discontinue/suspend the campaign if it gets any notification of misuse of funds or use of funds for another purpose other than the stated creative project at any time of the campaign, without any notice or discussion to the campaign owner at the Company’s sole discretion.

8.4.2 Campaigner are solely responsible for utilizing the funds for the Purpose mentioned in our fund-raising page. PENN TRUSTis not responsible in any way whatsoever towards the end utilization of funds

8.4.3 In accordance to the Prevention of Terrorism Act, 2002 and all subsequent regulations pursuant to this Act, the Campaigner/beneficiary will assure that the amount received from the Company is not made available as, either directly or indirectly to fund any act of terrorism. Where the Campaigner/beneficiary, or any person acting on their behalf, breaches any of the provision of the Prevention of Terrorism Act, 2002 or of any such regulation the Company shall have the right to terminate the Contract with immediate effect and recover from the Campaigner/beneficiary the amount transferred. Further, the Company shall take such necessary actions as may be required under the applicable law including filing a criminal complaint against the concerned Campaigner/ beneficiary.

8.5 Anti-Money Laundering (AML) policy

8.5.1 The Owner and Site 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:

8.5.2 Every recipient (campaign organisers on the Site) has to verify his/her identity per the Know Your Customer (KYC) in the guidelines. This will include verification of registered mobile number via a One Time Password (OTP), and one of the identification documents viz. Permanent Account Number, Aadhar Card Number, Passport etc. recognised by the Reserve Bank of India. The list of such registered documents will be updated on the Site, at its sole discretion, from time to time.

8.5.3 The verification will be essential to withdraw funds from the Site, and may be asked by the Site, at its sole discretion, during the course of a campaign. Failure to comply, may result in cancellation of a fundraising campaign, and funds may be returned to donors in such a scenario.

8.5.4 Your location as reflected on your Campaign page must match your legal residence that you submit to the Site when you create a withdrawal request. Campaigners may not create multiple Campaigns without proof of meeting fulfilment obligations from the original Campaign. Failure to adequately fulfill Campaign obligations may result in the Site removing the Campaign(s) and seeking reimbursement of Campaign funds raised, including by using third-party collections services. Only the Campaigners shall be permitted to collect Campaign funds.

8.5.5Campaigners are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with Campaigners may not use a false email address to self-fund, or contribute to, their own Campaigns; this is a violation of our policies and of our Terms of Use.

8.5.6 The Owner may attempt to verify the identity and other information provided to us by Campaigners, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Campaigner’s eligibility is subject to the Owner’s review of the fulfilment status of prior crowdfunding obligations.

8.5.7 Tax authorities may classify funds raised on the Site as taxable income to the Campaigners and any beneficiary who will receive funds directly from the applicable Campaign. The Owner/Site will ask for the personal account number / tax identification number (PAN) of Campaigners and any beneficiaries so that we may report taxable income to the relevant taxing authorities.

8.5.8 For contributors on the Site, only standard channels of payment – verified credit or debit cards, net banking, wallets, cheque, or cash (upto limits allowed by the RBI or Income Tax) – will be allowed. In case of cash payments, all payments above thresholds set by RBI or Income Tax will have to be furnished with the Permanent Account Number of the contributor. Cash payments are accepted for Indian residents only.

9. Project Completion

9.1 While Campaigners have full project ownership and the right to complete it, they are accountable and obliged to finish the project by the deadline they have set. Campaigners must also keep the Funders updated about the work in progress in case of delays to avoid Funder dissatisfaction.

9.2 The Company or the Site does not make any claims or guarantees on behalf of the Campaigner regarding the completion of the project and usage of the funds raised solely for the purpose of the project.

9.3 Similarly, the Company or the Site does not take any responsibility for making sure that the project for which the funds are raised through its Site is completed and made available to the Funders. The Funders are free to get in touch with the Campaigners directly and solving any dispute that arises regarding the campaign or the project.

10. Campaign Rewards

10.1 Campaigners may provide certain rewards to Funders in exchange for their funding depending on case to case. These rewards cannot, under any circumstances, be financial in nature (e.g., interest on funding amount, ownership/equity stake, revenue/profit share).

10.2 Campaigners are solely responsible for the procurement and delivery of rewards to Funders and must meet the rewards delivery date specified by them on the campaign page.

10.3 Company / Owner / Site will not be resulting responsible for any liabilities from Funders’ dissatisfaction with rewards fulfilment.

11. Campaign Branding & Marketing

11.1 Campaigners must include Company / Owner / Site logo branding on all project and/or campaign related marketing collaterals, whether online or offline (e.g., online banners, offline flyers) as per Company / Owner / Site brand and logo guidelines.

12. Campaign Cancellation

12.1 Notwithstanding anything set out herein, the Company / Owner reserves the right, at its sole discretion, to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. Company / Owner is not liable for any damages as a result of any of those actions. Company / Owner may or may not comment on the reasons for such action.

13. Rights of the Company / Owner

13.1 The Company / Owner shall have the right to:

13.1.1 make changes in its technology platform or services, at its sole discretion, at any time, without notice or liability;

13.1.2 decide who’s eligible to use the services offered;

13.1.3 cancel accounts or decline to offer our services;

13.1.4 change our eligibility criteria at any time;

13.1.5 cancel any funding to any project, at any time and for any reason; and

13.1.6 reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.

13.2 The Company will not have any ownership rights over your User Submissions and Content. However, the Company will get the license to perform and market the Site on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to):

13.2.1 use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with

13.2.1.1 the Site,

13.2.1.2 the Company (and its successors’ and assigns’) businesses,

13.2.1.3 promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third-party websites);

13.2.2 take whatever other action is required to perform and market the Service;

13.2.3 allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and

13.2.4 use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.

13.3 The Campaigner agrees and grants the Company the right to use all the visual and text-based content (digital or non-digital) submitted by the Campaigner for his campaign(s), for the purpose of branding and marketing activities of the platform/ the Company. Notwithstanding anything in this Agreement, the Campaigner agrees to grant the Company an exclusive, perpetual, irrevocable rights and license, on worldwide basis, to monetize the Campaigner’s project pitch video(s) through any means or medium deemed for by the Company, including various digital platforms such as Vimeo, YouTube etc.

14. Third-Party Sites

14.1 The Site may permit Campaigners and Users to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company’s control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company.

15. Terms and conditions for Funders

15.1 Registration

15.1.1 Funders can only fund a project by registering on the Site using the Site’s login procedures. By choosing the Facebook login, they agree to give the Site, access to their Facebook account’s profile pictures and email id. They also allow the Site to create their account and use their Facebook profile picture as the profile picture of their account. The Site does not publish any content on their Facebook profiles without their permission. The Site also gets access to the User’s friend’s list, only after the User gives the permission to get access to this list.

15.1.2 Funders can use the Site, its features or the Services provided therein only if they sign up / register on the Site. Funders can access the Site without signing up; however, access to certain sections of the Site and Services could be restricted.

15.1.3 Funders should use the Site only if they are legally eligible to enter into contracts under the Indian laws. The Site and Services are intended for use by individuals 13 years of age or older. If Funders are under 18, they may use the Site only with consent of a parent or legal guardian who agrees to be bound by these Terms.

15.1.4 If as a Funder, you are accessing the Site or availing the Services on behalf of a company or other legal entity, then You should have the legal authority to represent and bind such company or entity to the Terms. In such a case, the terms “You” or “Your” or “Member” or “User” shall refer to the corporate or other legal entity represented by You. If you do not have the legal authority to bind the corporate or legal entity represented by You, then You will be personally liable for all the obligations contained in these Terms, including, the payment obligations.

15.1.5 Funders agree that certain basic information that you provide on the Site can be accessed by third parties and may show up in search engines. By using the Site, Funders expressly consent to such search engines sourcing your information and displaying such information on the search engine’s Site. The Site does not control the manner in which such information is displayed or made available.

15.1.6While creating an account, Funders should not use as a User ID any name or term that (i) is the name of another person, with the intent to impersonating that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene.

15.1.7 The Owner reserves the right, in its sole discretion, to refuse registration or cancel registration at any time and for any reason.

15.1.8 You are responsible for maintaining the confidentiality of your username and password as well as for all activities that occur under your username and password. The Owner or the Site shall not be responsible for the loss of your password. While the Site’s automated engines may assist you in recollection or retrieval of your password, password retrieval is not guaranteed.

15.1.9 If any Funder provides any information that is untrue, inaccurate, not current or incomplete or if the Owner has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms, the Owner has the right to indefinitely suspend or terminate your account with the Owner and refuse to provide you with access to the Site or other Services offered by the Owner.

15.1.10 Funders may deactivate your account at any time you desire, in which case the profile information will be deleted from our database automatically within 60 (sixty) months. Some information may never be deleted due to compliance with various laws in India and internationally. You also understand and agree that though you may delete your account or some information from your account, the same may still appear in some online searches. The Owner has no control over the search results that show up in such third party engines or websites.

15.1.11 You should not create more than one personal profile. If you have created more than one login, the Owner reserves the right to delete or disable such additional, or all logins, at its sole discretion.

15.1.12 The account created by You is personal is non-transferable or assignable.

15.2 Fees and taxes

15.2.1 Funders give their consent and authorize the Site to deduct the necessary commissions on the contributed amount before transferring to the final recipient i.e., the Campaigner, or Beneficiary or while refunding their amount.

15.3 Payment details

15.3.1 By funding a campaign, the Funders agree to provide their name, email address, phone number, billing and shipping addresses. They also agree to provide the authorized online payment gateway of the Site, necessary & required details of their credit and debit cards for making an online contribution. Funders agree to have sufficient funds or credit during making a contribution for a campaign. Funders are informed that their credit and debit card related details are not provided to the Company or the Site by the online payment gateway & remain confidential. We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

15.3.2 If any stolen debit or credit card is used to make payment, the Company shall have the right to pursue criminal charges against the Funder making the payment/ contribution.

15.4 Other Funders information

15.4.1 Funders authorize the Site to provide Campaigners their name and contact details for the purpose of delivering rewards and connecting regarding queries or updates regarding the funded project. Additionally, they also authorize the Site to publish their name and image (if logged in through Facebook) on the ‘Funders’ section of the campaign that is funded by them. However, Funders can choose to be “anonymous”, if they don’t wish to make themselves public. None of the Funders’ funding amount is made public by the Site. Furthermore, by providing the Site their contact details, Funders agree to receive regular updates about the future crowdfunding campaigns on the Site through fortnightly newsletters. They can always choose to deactivate reception of the Site’s newsletter and other notifications.

15.5 Project completion

15.5.1 The Company or the Site does not oversee the performance or punctuality of projects, neither does it guarantee the completion of projects. The responsibility of project completion solely lies with the Campaigner.

15.5.2 Funders agree to not hold the Site or the Company responsible for any of their dissatisfaction related to the project they funded and must deal with the Campaigner directly. Funders, by making a contribution to a campaign on the Site, are assumed to have understood that projects run the risk of getting delayed or not completing.

15.5.3 The Company or the Site also does not endorse any User Submissions. Users (both campaign owners and Funders) release the Company and the Site, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.

15.6 Rewards delivery

15.6.1 Contribution towards the favorite campaign on the Site will be solely considered a voluntary contribution for which Funders will receive the incentive/ reward mentioned in the amount slab chosen by the Funders. The estimated delivery date of the reward given by the Campaigner is not a promise to deliver the reward by that date, but is merely an estimate of when the Campaigner hopes to deliver the reward. Delivery and fulfilment of the promised rewards to the Funders is the sole responsibility of the Campaigner. The Company or the Site shall not be responsible for any liabilities resulting from Funders’ dissatisfaction in relation to issues around incentives/rewards to be offered and fulfilled by the campaign owners.

15.7 Refund

Any donations made to the technology platform via any mediums cannot be refunded, unless it is in accordance with the Owner’s refund policy. All donations and payments are final and cannot be refunded. Refunds will be issued only in the following exceptional circumstances.

• If a campaign has been identified and declared fraudulent or violating the company’s terms of use and if no funds have yet been transferred to the beneficiary or hospital
• A payment or a donation has been identified to have been initiated via an stolen or unauthorised debit or credit card not belonging to the donor and he/she wish to claim a refund

All refunds are credited to the original payment method in 5 – 10 working days.

15.8 Rights of the project

15.8.1 Funders agree to not claim any ownership in the project they fund through the campaign on the Site. The rights of the project remain with the Campaigner.

15.9 Dispute between Campaigners and their Funders

15.9.1 The Site or the Company is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Site. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. You hereby unconditionally release the Site and Company, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the service.

15.10 Financial Transaction Facility

15.10.1 While availing any of the payment / donation / contribution method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

15.10.1.1 Lack of authorization for any transaction/s, or

15.10.1.2 Exceeding the preset limit mutually agreed by You and between your “bank/s”, or

15.10.1.3 Any payment issues arising out of the transaction, or

15.10.1.4 Decline of transaction for any other reason/s

15.10.2 All payments made towards the donations / contributions on the Site by you, shall be compulsorily in Indian Rupees acceptable in the Republic of India if you are an Indian national. Site will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Site if you are an Indian national. All payments made towards the donations / contributions on the Site by you, shall be compulsorily through the foreign payment gateway if you are not an Indian National. Site will not facilitate transaction through the Indian payment gateway with respect to the donations / contributions made on Site if you are not an Indian national.

15.10.3 Your relationship with the Company is on a principal to principal basis and by accepting these Terms of Use you agree that the Company is an independent contractor for all purposes, and does not have control of or liability for the campaigns that are listed on PENN TRUST’s Website wherein money is transacted by using the Payment Facility.

15.10.4 You understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through, collection and remittance facility for the transactions on the Site using the existing authorized banking payment gateway networks and settlement service providers. Further, by providing payment facility, the Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

15.10.5 The Company reserves the right to refuse to process transactions by Users with a prior history of questionable transactions including without limitation to collusion amongst the Users to bring about a false impression or mislead other Users of the Site or breach / violation of any law or any charges imposed by issuing bank or breach of any policy.

15.10.6 The Funder acknowledges that the Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond control of the Company.

15.10.7 The Company shall make payments, net of its costs, charges and fees into the bank account provided by the Campaigner during the Campaigner registration process. Once the Company has made payments into such bank account number, the Company shall be discharged of any/all liability towards the User and the User shall not be eligible for any claims and/or refunds thereof

16. Representations and Warranties

16.1 You (i.e. the Campaigners and the Funders) hereby represent and warrant to the Owner that:

16.1.1 all information provided by them during the registration / campaign / funding process, as applicable, is true and accurate; and

16.1.2 they are capable (in case of an individual, being above 18 years of age) and duly authorized (in case of a legal entity, by way of appropriate corporate approvals) to enter into the campaigning / funding arrangement, on behalf of himself, any other person, company, or other entity.

17. Covenants

17.1 No Person shall copy or utilise, in any manner, the questionnaire(s), responses, designs, content or any other data generated in consultation with any Campaigner or Funder, without the prior written consent of the Owner.

No person shall, unless the Company, its applicable affiliate, and/or the applicable third party provider give you prior written permission, sell, license, rent, modify, print, collect, copy, reproduce, download, upload, transmit, disclose, distribute, disseminate, publicly display, publicly perform, publish, edit, adapt, electronically extract or scrub from any content or materials (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories) or otherwise transfer any of the content to any third person (including, without limitation, others in your company or organization). You agree not to decompile, reverse-engineer or disassemble any materials, information or other content available through this Website and not to insert any code or product to manipulate the content in any way that affects the User’s experience. Unless we give you prior written permission, use of any Web browsers (other than generally available third-party browsers), engines, software, spiders, robots, avatars, agents, tools or other devices or mechanisms to navigate, search or determine this Website is strictly prohibited. You agree not to challenge (or assist any third party to challenge) the validity or enforceability of any intellectual property owned by Company or its applicable affiliates relating to this Website, its content or otherwise referenced therein, including but not limited to the patents and trademarks listed in this Terms of Use.

18. General Terms and Conditions

18.1 Rules and Conduct

18.1.1 As a condition of use, you promise not to use the Site for any purpose that is prohibited by the Terms of Use or law. The Site and its’ services are provided only for your own personal, non-commercial use (except as allowed by in this Terms of Use). You are responsible for all of your activity in connection with the Site and its Services. You shall not, and shall not permit any third party using your account to, take any action, or submit content, that:

18.1.1.1 Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;

18.1.1.2 You know is false, misleading, or inaccurate;

18.1.1.3 Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;

18.1.1.4 Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;

18.1.1.5 Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party; or

18.1.1.6 Impersonates any person or entity, including any employee or representative of the Company.

18.1.1.7 Users may not use the Company’s Site for activities that:

1. violate any law, statute, ordinance or regulation;
2. relate to sales of
   1. narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety,
   2. drug paraphernalia,
   3. items that encourage, promote, facilitate or instruct others to engage in illegal activity,
   4. items that promote hate, violence, racial intolerance, or the financial exploitation of a crime,
   5. items that are considered obscene,
   6. items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction,
   7. certain sexually oriented materials or services, or
   8. ammunition, firearms, or certain firearm parts or accessories, or
3. certain weapons or knives regulated under applicable law;
4. relate to transactions that
   1. show the personal information of third parties in violation of applicable law,
   2. support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs,
   3. are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card,
   4. are by payment processors to collect payments on behalf of merchants,
   5. are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or
   6. provide certain credit repair or debt settlement services;
5. involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
6. violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices;
7. involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing,lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from the Company and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.”

18.1.1.8 Additionally, you shall not:

1. take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure;
2. interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
3. bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service);
4. run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or
5. use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

18.1.1.9 not make any negative, denigrating or defamatory statement(s) or comment(s) about the Company or the brand name or domain name used by the Company, or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company on any platform or otherwise tarnish or dilute any of the Company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Company’s systems or networks, or any systems or networks connected to the Company.

18.1.2 You shall not directly or indirectly:

18.1.2.1 decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction;

18.1.2.2 modify, translate, or otherwise create derivative works of any part of the Service; or

18.1.2.3 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. The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice:

1. cancel, reject, interrupt, remove, or suspend a campaign or project;
2. remove, edit, or modify any Content, including, but not limited to, any User Submission; and
3. remove or block any User or User Submission. The Owner in reserves the right not to comment on the reasons for any of these actions.

18.2 Termination

18.2.1 The Company may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid to the Company are non-refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

18.3 Warranty Disclaimer

18.3.1 The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and projects. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service. The Company does not guarantee that any Content will be made available through the Site. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice:

18.3.1.1 cancel, reject, interrupt, remove, or suspend a campaign or project;

18.3.1.2 remove, edit, or modify any Content, including, but not limited to, any User Submission; and

18.3.1.3 remove or block any User or User Submission.

18.3.2 The Company reserves the right not to comment on the reasons for any of these actions. The Service is provided “as is” and “as available” and is 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. The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that:

18.3.2.1 the Service will be secure or available at any particular time or location;

18.3.2.2 any defects or errors will be corrected;

18.3.2.3 any content or software available at or through the Service is free of viruses or other harmful components; or

18.3.2.4 the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk.

18.3.3 Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

18.4 Content and License

18.4.1 You agree that the Site contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. The Company grants to each User of the Site a worldwide, non-exclusive, non-sub-licensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.

18.4.2 The Company grants Campaigner’s a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “Funds raised through PENN TRUST”, “Powered by PENN TRUST” and/or “via PENN TRUST” name and/or logo on Campaigner’ invoice / certificate of donation for transactions concluded on the Website. Further, the Company grants Campaigner a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “penn.org.in” name and/or logo on stationery used by the Campaigner for delivery of Communications / Receipts / Certificates, etc. provided on the Site.

19. Intellectual Property

19.1 By submitting Content (User Submissions) on the Site, you agree to the following terms:

19.1.1 The Company will not have any ownership rights over your User Submissions. However, you agree to provide the Company the license to perform and market the Site or the Company on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to):

19.1.1.1 use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with the Service,

1. the Service
2. the Company’s (and its successors’ and assigns’) businesses,
3. promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels(including, without limitation, third-party websites);

19.1.2 take whatever other action is required to perform and market the Service;

19.1.3 allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and

19.1.4use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.

19.2 You are publishing your User Submission and you may be identified publicly by your name or User ID in association with your User Submission.

19.3 You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.

19.4 You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Owner all of the license rights granted herein.

19.5 You will pay all royalties and other amounts owed to any person or entity based on your Submitting User Submissions to the Service or the Company’s publishing or hosting of the User Submissions as contemplated by these Terms of Use.

19.6 The use or other exploitation of User Submissions by the Company and Users as contemplated by this agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

19.7 The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.

19.8 All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.

19.9 The Company will not be liable for any errors or omissions in any Content.

19.10 The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service.

19.11 All Content you access through the Site is at your own risk and you will be solely responsible for any resulting damage or loss to any party.

19.12 The Owner reserves the right to cancel or suspend any campaign or delete any User Submission or terminate a User account if there is a complaint of infringement of the Content.

19.13 The Owner reserves the right to ban repeat infringers of Intellectual property from using the Site.

20. Indemnification

20.1 Notwithstanding anything herein, the Campaigners and/or the Funders, as may be applicable, will not hold the Owner or any of its directors, employees, agents, partners, vendors, suppliers, or content providers responsible in the event of target fundraise not being met. The Campaigners and/or the Funders will also not hold the Owner or any of its directors, employees, agents, partners, vendors, suppliers, or content providers responsible for any unforeseen technical glitches such as but not limited to Site down for maintenance, server errors, speed of website download, any viruses in the Site etc., that might affect transaction activity on their campaigns or contribution transactions. Additionally, you (i.e. the Campaigners and/or the Funders), as the case maybe, shall defend, indemnify and hold harmless the Owner and its directors, employees, agents, partners, vendors, suppliers, or content providers, it’s affiliates, employees, contractors, directors, suppliers, and representatives from all direct and indirect liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your breach or non-compliance of any of the Terms of Use herein, misrepresentation, use or misuse of, or access to, the service and content, or otherwise from your User submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Owner reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Owner in asserting any available defenses.

21. Limitation of Liability

21.1 In no event shall the Company, nor its directors, employees, agents, partners, vendors, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service:

21.1.1 for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising) and

21.1.2 for any bugs, viruses, trojan horses, or the like (regardless of the source of origination).

21.2 The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, third party intervention, change in law or economic circumstances, mechanical, electronic, or communications failure or degradation. IN NO EVENT WILL THE COMPANY’S / SITE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID IN THE LAST SIX (6) MONTHS, OR, IF GREATER, RS. 1000 (RUPEES ONE THOUSAND ONLY).

22. Electronic Delivery, Notice Policy, and Your Consent

22.1 By using the Site, you consent to receive from the Company, all communications including notices, agreements, legally required disclosures, or other information in connection with the Site (collectively, “Contract Notices”) electronically. The Company may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Site.

23. Dispute Resolution

23.1 If any dispute, controversy or claim arises out of or in connection with these Terms of Use, in which the Company is a party (a Dispute), the disputing parties shall use all reasonable endeavors to negotiate with a view to resolving the Dispute amicably. If a party gives the other party notice that a Dispute has arisen (a Dispute Notice) and the parties are unable to resolve the Dispute amicably within 30 (thirty) days of service of the Dispute Notice (or such longer period as the parties may mutually agree), then the Dispute shall be referred to arbitration in accordance with the below terms. Subject to the above clause, all Disputes or differences regarding this Agreement shall be submitted to final and binding arbitration. In the event of such arbitration:

23.1.1 All proceedings of such arbitration shall be in the English language. The place / seat of the arbitration shall be Mumbai and the courts of Mumbai shall have exclusive jurisdiction over the arbitration proceedings;

23.1.2 The Law governing the conduct of arbitration and the arbitration proceedings shall be the laws of India;

23.1.3 The arbitration shall be conducted before a sole arbitrator appointed by the Owner;

23.1.4 Arbitration awards shall be reasoned awards and shall be final and binding on the disputing parties; and

23.1.5 The existence or subsistence of a dispute between the parties, or the commencement or continuation of arbitration proceedings, shall not, in any manner, prevent or postpone the performance of those obligations of the parties under the Agreement which are not in dispute, and the arbitrators shall give due consideration to such performance, if any, in making a final award.

23.2 Nothing shall preclude a party from seeking interim or permanent equitable or injunctive relief, or both. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the parties to pursue any other remedy or relief through the arbitration.

24. Governing Law

24.1 These Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai.

25. Integration, Severability and Waiver

25.1 These Terms of Use, the Privacy Policy, the Online Campaigner Agreement and other referenced material herein or on the Site, are the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

26. Grievance Officer

26.1 In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below who can be contacted with respect to any complaints or concerns including those pertaining to breach of IG’s Terms, Privacy Policy and other policies or questions:

Mr. VikasKaul

PENN TRUST

Penn – Prevention and Empowerment of  Women

116/71, Apparswamykoil Street, Mylapore, Chennai, Tamilnadu 600004

help@penn.org.in

 

27. Effective Date

27.1 This Terms of Use was updated and became immediately effective on 31st March, 2020

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