Terms and conditions

Written by Super User. Posted in Pages

Terms of Use

Effective February 20, 2014

These Terms of Use govern your use of Indiahelps's websites and services (the "Service"). By using the Service, you agree to be bound by these Terms, our Privacy Policy, all applicable laws and all conditions or policies referenced here (collectively, the "Terms").

Legal Terms

Definitions

In these Terms, we refer to those raising funds as "Campaign Owners" and to their fundraising campaigns as "Campaigns". We refer to those contributing funds as "Contributors" and to the funds they contribute as "Contributions". Campaign Owners, Contributors and other visitors to the Service are referred to collectively as "Users."

Indiahelps is a Venue

Indiahelps is an online crowdfunding venue for people and entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. Campaign Owners can offer gifts in the form of tangible items or intangible services (collectively, "Perks") to Contributors. Perks are not offered for sale. Indiahelps makes no representations about the quality, safety, morality or legality of any Campaign, Perk or Contribution or the truth or accuracy of content posted on the website. Indiahelps does not represent that Campaign Owners will deliver Perks or that Contributions will be used as described in the Campaign. Users use the Service at their own risk.

Eligibility to Use the Service

You are not eligible to use the service without consent if you are under 18 years of age. If you are between the ages of 13 and 17, you can use the Service with the consent and supervision of your parent or legal guardian who is at least 18 years old, provided that your parent or legal guardian also agrees to be bound by these Terms and agrees to be responsible for your use of the Service. You are not eligible to use the Service if you have previously been suspended from using the Service for any reason and we have not explicitly authorized you to resume using the Service. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove or suspend a Campaign at any time for any reason without liability.

Prohibited Campaigns

Campaign Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam other Users. If you know that your Campaign is claiming to do the impossible or it's just plain phony, don't post it. You must comply with all applicable laws and regulations in carrying out your Campaign, offering Perks and using Contributions.

Prohibited Perks

Campaign Owners are not permitted to offer or provide any of the following as a Perk:

any form of ownership interest in a company or venture;
alcohol or any other controlled substance;
drug paraphernalia;
weapons, ammunition, and related accessories;
items promoting hate, personal injury, death, damage, or destruction to property; or
any item (a) prohibited by applicable law to possess or distribute, (b) that would cause you to violate applicable law if you were to distribute it, or (c) that would cause you to infringe or violate another person's rights if you were to distribute it.

Community Guidelines

Indiahelps is not a place for hatred, abuse, disrespect, meanness, harassment, or spam. Do not:

use the Service to promote violence, degradation, subjugation, or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
post images or videos that are sexually explicit or show people or animals being hurt or degraded; or
spam the comments sections of other Users with offers of goods and services or inappropriate messages.
We reserve the right to remove Campaigns and terminate accounts for such activities.
Disputes between Campaign Owners and Contributors
Indiahelps is not responsible for resolving disputes between Campaign Owners and Contributors. In the event of any dispute, such as a Campaign Owner's alleged failure to comply with the Terms of Use or alleged failure in fulfillment of a Perk, we may provide the Campaign Owner's contact information to the Contributor so that the two parties may resolve their dispute.

Your Account Information

All of your registration information must be accurate and truthful. You agree to notify Indiahelps immediately if you discover that your account has been used without your authorization or there has been any other breach of your account's security. You also agree to provide additional information we may reasonably request and to answer truthfully and completely any questions we might ask you in order to verify your identity.

Our License to You

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service subject to your eligibility and your continued compliance with these Terms.

Campaign Owners

As a Campaign Owner, you are permitted to offer Perks to Contributors. You shall meet all commitments you make in your Campaign including, but not limited to, delivering all Perks you offered with your Campaign. You will respond promptly and truthfully to all questions posed to you by Indiahelps. If you are unable to fulfill any of your commitments (including delivering any Perks), you will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding their Contributions. You will comply with all applicable laws and regulations in your use of Contributions and delivery of Perks. You are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with your Perks. Indiahelps may attempt to verify your identity and other information you provided to us, 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 information to our satisfaction.

Contributors


As a Contributor, you are solely responsible for asking questions and investigating Campaigns to the extent you feel is necessary before you make a Contribution. All Contributions are made voluntarily and at your sole discretion and risk. Indiahelps doesn't guarantee that Contributions will be used as promised, that Campaign Owners will deliver Perks, or that the Campaign will achieve its goals. Indiahelps does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Perk or Contribution, or the truth or accuracy of content posted on the Service. You are solely responsible for determining how to treat your Contribution and receipt of any Perks for tax purposes. In the event you are issued a refund on your Contribution because of our inability to disburse funds to a Campaign Owner, you will no longer be entitled to delivery of any Perk associated with your contribution.

Fees and Payments

Setting up an account on the Service is free. We do not charge fees to Contributors, but we do charge fees to Campaign Owners as a portion of the funds they raise. By using the Service you agree to our fees listed here http://indiahelps.org/pricing. Changes to fees are effective after we post notice of the changes on the Service. Updated fees are applied to Campaigns launched after the notice is posted. You are responsible for paying all taxes associated with your use of the Service. Contributions are usually made via credit card or PayPal. We are not responsible for the performance of Paypal or any 3rd party credit card processing services.

Refunds

Contributions, along with our fees and charges, are not refundable.

Taxes

Your taxing authorities may classify funds you raise on Indiahelps as taxable income to you and any beneficiary who will receive funds directly from your Campaign. We will ask you for your tax identification number (TIN) and the TIN of any beneficiary of your Campaign so that we may report taxable income to the relevant taxing authorities. We will provide you with a tax document if required by the relevant taxing authorities. We encourage you to consult with a licensed tax advisor from your local jurisdiction when planning your Campaign so that you understand and prepare for the tax obligations you may incur from the funds you raise.

Partners

You may create a "Partner Page" on Indiahelps's website to link your brand with one or more Campaigns. If you create a Partner Page, you also agree to the Partner Terms.

Your Content


While using the Service, you may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "Member Content"). You grant Indiahelps and our users a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute your Member Content on or in connection with the Service and our related marketing and promotional activities. As between you and Indiahelps, you continue to hold all ownership interest in your Member Content. You represent and warrant that your Member Content and our use of your Member Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.

 

Copyright Notifications


IndiaHelps will remove infringing materials if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify IndiaHelps's Copyright Agent in writing. Your notice must contain the following information

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site, sufficient for IndiaHelps to locate the material;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe that your work has been removed or disabled by mistake or misidentification, please notify IndiaHelps’s in writing. Your counter-notice must contain the following information:

• a physical or electronic signature of the user of the Services;
• identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
• the subscriber's name, address, telephone number, and that the user will accept service of process from the person who provided notification under subscriber or an agent of such person.
Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability. If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.

Third-Party Websites, Advertisers or Services

The Service may contain links to third-party websites, advertisers, or services that are not owned or controlled by Indiahelps. Access to or use of third-party sites or services are at your own risk. We are not responsible for any loss or damage of any sort relating to your dealings with these parties. We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

Credit Card Terms

PayPal

If you are a Campaigner that accepts PayPal or a Contributor that uses PayPal, you agree to comply with the PayPal Acceptable Use Policy.

Indemnity

You agree to defend, indemnify and hold harmless Indiahelps, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to your negligence, breach of these Terms or violation of any law. Indiahelps may assume the exclusive defense and control of any matter for which you have agreed to indemnify Indiahelps and you agree to assist and cooperate with Indiahelps in the defense or settlement of any such matters.

No Warranty

Indiahelps has no fiduciary duty to you. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICE IS AT YOUR OWN RISK.

Waiver and Release

If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.

Limitation of Liability

Indiahelps (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED RUPEES (INR 100.00) OR THE FEES YOU PAID TO Indiahelps FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Indiahelps HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Indiahelps without restriction.

Termination

Termination may result in the forfeiture and destruction of all information associated with your account. You may terminate your account by following the instructions on the Service, but we may retain your account information after you terminate in accordance with our regulatory, accounting, and legal compliance procedures. The provisions regarding use of website and Services at your own risk, Right to Refuse Service, DMCA, Indemnity, No Warranty, Waiver and Release, Limitation of Liability and General survive termination for any reason.

Governing Law

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. 

Jurisdictional Issues/Commerce in India Only


Unless otherwise specified, the material on IgniteIntent is presented solely for the purpose of commerce in India. IgniteIntent makes no representation that materials in IgniteIntent are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and IgniteIntent is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

 Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, locust plagues, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

Interpretation

The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted

In the event of a conflict between these Terms and a foreign language version of our Terms of Use, the English language version of these Terms govern. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

Cooperation with Authorities and Police Enforcement

We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.

Notification Procedures

You agree Indiahelps may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our website. You may opt out of certain means of notification or to receive certain notifications.

Entire Agreement/Severability

These Terms are the entire agreement between you and Indiahelps regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Indiahelps's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Changes to Terms

Indiahelps may alter these Terms at any time, so please review the policies frequently. If a material change is made, Indiahelps may notify you in the Service, by email, by means of a notice on our home page, or other places we think appropriate. A "material change" will be determined at Indiahelps's sole discretion, in good faith, and using common sense and reasonable judgment.

Contact Us

If you have any questions about these Terms, the practices of this site, or your dealings with this Website or complaints, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. 

Copyright Notifications
IndiaHelps will remove infringing materials if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify IndiaHelps's Copyright Agent in writing. Your notice must contain the following information

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site, sufficient for IndiaHelps to locate the material;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe that your work has been removed or disabled by mistake or misidentification, please notify IndiaHelps’s in writing. Your counter-notice must contain the following information:

• a physical or electronic signature of the user of the Services;
• identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
• the subscriber's name, address, telephone number, and that the user will accept service of process from the person who provided notification under subscriber or an agent of such person.
Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability. If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.

Updates To This Agreement

  • We added prohibitions on false Project information in "Posting a Project," expanded and clarified the Fundraising Rules in "Project Fundraising," added the section "Funding Accounts," explained that Indiahelps is not responsible for Perks and modified the language relating to tax treatment of Contributions in "Contributing to a Project," and stated again that you must have the rights to post User Content in "User Content."
  •  We added the following clarification to the section titled "Contributing to Projects": "You understand that making a Contribution to a Project does not give you any rights in or to that Project, including without limitation any ownership, control, or distribution rights, and that the Project Entity shall be free to solicit other funding for the Project, enter into contracts for the Project, allocate rights in or to the Project, and otherwise direct the Project in its sole discretion. You further understand that nothing in this Agreement or otherwise limits Indiahelps's right to enter into agreements or business relationships relating to Projects."
  • We revised the "Project Fundraising" and "Contributing to Projects" sections to state that when a Project does not meet its Campaign Goal, a contributor's options are to make the Contribution to the Project anyway, or have the Contribution returned to the contributor's Funding Account, and to include an acknowledgment requirement for funded projects.
  • We revised the "Project Fundraising" and "Contributing to Projects" sections to reflect the use of a third-party payment processor to handle Contribution transactions.
  • We added the following clarification to "Project Fundraising" section: "Unless automated by the Processor, Project Funding will be disbursed from the Funding Account to the Project Entity's bank account according to the Project's disbursement details (set in the Funding section of the Project Profile). All necessary fund transfers will take place on the Friday immediately following the point the disbursement preference criteria are met."
  • We revised "Project Fundraising section to clarify that the funding goal did not have to be the amount of contributions the project owner is looking to raise by the service in total but rather the amount needed to cover a specific phase of the project. We also clarified that 3rd party processing fees are removed from Project Funding upon disbursement.
  • We revised the "Use of Our Service" section to include content creators as well as the "Project Fundraising" section to clarify a project's acknowledgement requirements if it's successful with fundraising.
  • We revised the "Project Fundraising" section to reflect the introduction of cash rewards for achieving campaign goals and deadlines.
  • We added the "You may not use the Service for activities that" statement to the "Use of Our Service" section.
  • We revised the "Project Fundraising" section to reflect the latest processing times for fund transfers.
  • We revised the "Use of Our Service" section section to remove that statement that did not permit people from using our site for the sale of certain items before the seller has control or possession of the item.
  • We released a new version of the Terms of Use with major revisions to the document in it's entirety.
  • Second Sentence of first paragraph under Limitation of Liability was replaced with "Indiahelps will not be held liable for any loss or damage due to failure to comply with the terms of this Agreement." to correct a scrivner's error and conform with the clear language of the immediately following paragraph.
  • We released a new version of the Terms of Use with major revisions to the document in its entirety.