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.

Community Guidelines

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

$1·         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;

$1·         post images or videos that are sexually explicit or show people or animals being hurt or degraded; or

$1·         Spam the comments sections of other Users with offers of goods and services or inappropriate messages.

$1·         We reserve the right to remove Campaigns and terminate accounts for such activities.

 

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.

Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Indiahelps.org. We may change the Website, the Service, or any features of the Service at any time.

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.

Account & Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

Account Disputes

We don’t know the inner workings of your organisation or the nature of your personal relationships, and we don't arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the Projects in that account, and if multiple people or entities are identified in the content, then we'll rely on the contact information listed for that account.

Closing your Account

You or Indiahelps.org may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your Projects from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.In the event that a Project Owner wants to end the Project before the end of the Project it may do so on submission of 30 day’s notice, by emailing Indiahelps.org with their clear instructions. The Project will be terminated and no more contributions or donations can be raised for it. However, Indiahelps reserves continuing rights to the Project information provided. Project Owners who have reached their Project Targets in respect are committed to completing the Project as set out on the Site and to carry out those acts as promised to the Supporters. If for any reason this is not possible the Project Owner must immediately inform Indiahelps of in writing, and cooperate fully and in good faith with Indiahelps to address this situation in a way that is consistent with the interests of Indiahelps, the Project Owner, and involved Backers.In the event that the Project Owner does not intend to complete the Project it shall remunerate Indiahelps the total Project funds. For the avoidance of doubt, in no way is Indiahelps liable for any loss suffered by either Backers or Project Owners for the actions, omissions, or errors of the other.

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 fulfil 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.

Exclusivity

Campaigners shall not, directly or indirectly, run or be associated with any other crowdfunding campaigns on any other platform while crowdfunding on the Site through Indiahelps, for the same project.

Campaign setup

Campaigners are solely responsible for creating their own campaign pages within the format provided by Indiahelps. 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 Indiahelps can launch before Indiahelps has approved all the campaign page elements i.e., the pitchvideo, pledge content, images, team bios etc. The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your content. Indiahelps’s feedback to change the elements, if given to the campaigner, must be implemented by the campaigner. Indiahelps holds the right to disallow unsatisfactory campaigns from going live on our platform.

Fees

Setting up an account on the Service is free. We do not charge fees to Contributors, but we do charge 5% fees to Campaign Owners as a portion of the funds they raise. By using the Service you agree to our fees. 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.

Campaign target & timeline

Campaigners are not allowed to change the funding goal and time period that they specify while creating their campaign pages on the Site. Once the campaign is launched and is Live to the visitors, target amount and time period of the campaign cannot be changed.

Campaign marketing

Campaigners are solely responsible for marketing their campaign to friends, family members, and fans, through various online & offline channels. Indiahelps will only provide marketing guidance in the form of a pre-post-live marketing checklist and marketing tips & tricks post campaign launch. However, Indiahelps 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.

Indiahelps will showcase all live campaigns in its “Discover” section of the website but as per Indiahelps’s discretion. Indiahelps also reserves the right to select & market any campaign as “Favourites” on the Site’s homepage or in its periodic remailers. Campaign performance may influence selection but does not ensure it.

All or Nothing policy

If your campaign is unable to reach its funding target in the specified time period chosen by you, all the money will be refunded to your funders by Indiahelps. Indiahelps does not levy its commission of 5% in this case and only the payment gateways charge their fee.

Reporting

All campaigners are provided all information about their funders such as name, email, contributions, rewards etc., campaigner profile. Indiahelps enables complete transparency of funds collected through real time emails for every funding transaction & funder reports downloadable at the discretion of campaigners. However, Indiahelps is not liable for incorrect funder information provided by funders. Campaigner must connect with contributors directly, without involving the Site or the Company, to get any other information other than contacts details or other than the details of the contributor provided by Indiahelps to the campaigner.

Fund transfer and management

Indiahelps 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, unless running a proprietary crowdfunding campaign.

Fund transfers are only made to bank accounts after 15 days of the end of the campaign through online transfer and this might take up to 28 days. Indiahelps deducts its transaction fees (including any applicable tax, transfer fees) and thereafter transfers the net amount. The net amount received by the campaign owner is subject to conversion rate based on GBP (Great British Pound) and conversion fee on the date of the transfer. If the Campaigner has not met his funding goal within the stipulated time period, all the money collected (other than the payment gateway charges and courier charges, as may be applicable) by Indiahelps for such campaign shall be refunded to the Campaigner’s funders. In such cases, Indiahelps shall not levy its commission of 5%. However, the payment gateways shall charge their fee. Additionally, an applicable fee is charged for cheque couriers if the money is returned via cheques.

Indiahelps may use any available source to transfer the funds to the campaign owner and it is campaign owner’s responsibility to provide accurate account details in order to enable this transfer.

Foreign funds

Note for NGOs in india: You have to be registered/approved with Foreign Contribution (Regulation) Act, 1976 to be able to receive foreign donations. Else foreign contributions will be restricted on your campaign.

Taxation

Campaigners must bear any and all tax liabilities on the funds raised through Indiahelps. These taxes may include, but are not limited to, income tax, VAT, and service tax applicable on the fund’s raised or on the procurement of rewards. Indiahelps is not liable to provide any tax or legal advice to campaigners.

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.

Project completion

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.

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. Similarly, the Company or the Website 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 contributors. The contributors are free to get in touch with the campaign owner directly and solving any dispute that arises regarding the campaign or the project.

Campaign cancellation

Notwithstanding anything set out herein, Indiahelps reserves the right, at its sole discretion, to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. Indiahelps is not liable for any damages as a result of any of those actions. Indiahelps’s policy is not to comment on the reasons for any of those actions.

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:

$1·         any form of ownership interest in a company or venture;

$1·         alcohol or any other controlled substance;

$1·         drug paraphernalia;

$1·         weapons, ammunition, and related accessories;

$1·         items promoting hate, personal injury, death, damage, or destruction to property; or

$1·         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.

Indiahelps’s rights

The Campaigner agrees that Indiahelps shall have the right to make changes in its technology platform or services, at its sole discretion, at any time, without notice or liability. We have the right to decide who’s eligible to use Indiahelps. We can cancel accounts or decline to offer our Services. We can change our eligibility criteria at any time. We have the right to cancel any funding to any project, at any time and for any reason. We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason. Indiahelps is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

Indiahelps will not have any ownership rights over your User Submissions and Content. However, Indiahelps 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) (i) 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 (a) the Site, (b) Indiahelps (and its successors’ and assigns’) businesses, (c) 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); (ii) take whatever other action is required to perform and market the Service; (iii) 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 (iv) 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 Indiahelps does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions. The Campaigner agrees and grants Indiahelps 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/ Indiahelps. Notwithstanding anything in this Agreement, the Campaigner agrees to grant Indiahelps 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 Indiahelps, including various digital platforms such as Vimeo, Youtube etc.

Third-Party Sites

The Site may permit campaign owners 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.

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.

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 including their Terms & conditions and any charges involved.

Stripe

If you are a Campaigner that accepts Stripe or a Contributor that uses Stripel, you agree to comply with the Stripe Acceptable Use Policy including their Terms & conditions and any charges involved.

Terms and conditions for funders or 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.

Contribution details

A contribution is a voluntary donation made by a contributor to a project’s campaign running on the Site for the purpose of raising funds. The contributor does not make the contribution for any financial / monetary returns like equity or profit share in the project, neither is his/her contribution considered a loan to the project or its campaigner.

Registration

Contributors 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 on Indiahelps and use their FB profile picture as the profile picture of their Indiahelps account. The Site does not publish any content on their Facebook profiles without their permission.

Fees, Payments and Taxes

Contributors 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.

Contributions are usually made via credit card,PayPal or stripe. We are not responsible for the performance of Paypal,Stripe or any 3rd party credit card processing services. Stripe charges information can be found here https://stripe.com/gb/pricing.

Payments recieved for any campaign will be transferred to the campaign owner only after we have validated all the payments and after the end date of the campaign has reached.This may take up to 28 days to process.

Payment details

By funding a campaign, the contributors 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. Contributors agree to have sufficient funds or credit during making a contribution for a campaign. Contributors 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 as a merchant 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.

Other contributor information

Contributors 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 ‘Contributor’ section of the campaign that is funded by them. However, contributors can choose to be “anonymous”, if they don’t wish to make themselves public. None of the contributors’ funding amount is made public by the Site.

Furthermore, by providing the Site their contact details, contributors 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.

Refund

Contributors will get a refund of their contribution in case the campaign they are funding fails to achieve its target. The contributors agree to receive the refund through a couriered cheque. In case of a refund, the contributor agrees to let the Site deduct it’s payment gateway charges and cheque courier charges from the contribution.

A contributor cannot ask for a refund if a campaign he/she funded met its target. The contributors relieve the Company or the Site or the campaigner from any obligation to make a refund in such a case.

A contributor can ask for a refund if the campaigner fails to deliver the rewards he/she promised to the contributor in exchange for his contribution. Similarly, Campaigners may cancel or refund a contribution at any time and for any reason, and if they do so, are not required to deliver the reward.

International contributors will not get a refund once a transaction is made on the Site to a campaign chosen by them. In case a campaign is discontinued or doesn’t meet it’s target, the foreign contributions are passed on to the campaign owner. If any refund is required by the international contributors, they will have to directly connect with the campaign owner for the same and the campaigner / campaign owner shall be liable to refund such amount to the international contributor. The international contributors and campaigners/ campaign owners expressly and unconditionally agree not to hold the Company or the Site responsible for any delay or non-payment of refund from the campaigner / campaign owner, other than in case of fraud or gross negligence on the part of the Company or the Site. In the event of such delay / non-payment of refund by the campaigner / campaign owner to the international contributor, the international contributor shall seek legal remedy directly against the campaigner / campaign owner.

In any other scenario, other than when a campaign does not meet it’s target, the Site or the Company are not obligated to make any refunds. Campaigners and contributors agree to deal directly with each other, without involving Indiahelps regarding any refund negotiations other than in the aforementioned scenario.

Project completion

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. Contributors 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. Contributors, 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.

The Company or the Site also does not endorse any User Submissions. Users (both campaign owners and contributors) 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.

Rights of the project

Contributors 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.

Dispute between campaigners and their contributors

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 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.

We may provide the Campaign Owner's contact information to the Contributor so that the two parties may resolve their dispute.

Representations and warranties

You (i.e. the campaigners and the contributors) hereby represent and warrant to Indiahelps that: (i) all information provided by them during the registration / campaign / funding process, as applicable, is true and accurate; (ii) 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.

General terms and conditions

Rules and Conduct

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:

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;;

You know is false, misleading, or inaccurate;

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

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

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

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

• Users may not use the Company’s Site for activities that: (i) violate any law, statute, ordinance or regulation; (ii) relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law; (iii) relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) 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, (d) are by payment processors to collect payments on behalf of merchants, (e), are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or (f) provide certain credit repair or debt settlement services; (iv) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent; (v) violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices; (vi) 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.”

Additionally, you shall not: (i) 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; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) 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); (iv) run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

You shall not directly or indirectly: (i) 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; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.

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: (i) cancel, reject, interrupt, remove, or suspend a campaign or project; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (ii) remove or block any User or User Submission. Indiahelps.in reserves the right not to comment on the reasons for any of these actions.

Termination

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.

 

Warranty Disclaimer

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: (i) cancel, reject, interrupt, remove, or suspend a campaign or project; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. 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: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. 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.

Content and License

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-sublicensable 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.

Intellectual Property

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

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, sublicensable, transferable right to (and to allow others acting on its behalf to)

 (i) 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 (a) the Service, (b) the Company’s (and its successors’ and assigns’) businesses, (c) 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); (ii) take whatever other action is required to perform and market the Service; (iii) 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 (iv) 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.

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

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.

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 Indiahelps 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 User Submissions to the Service or the Company’s publishing or hosting of the User Submissions as contemplated by these Terms of Use

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

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

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 Service

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

Indiahelps 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.

Indiahelps reserves the right to ban repeat infringers of Intellectual property from using the Site

Indemnification

Notwithstanding anything herein, the campaigners and/or the contributors, as may be applicable, will not hold Indiahelps responsible in the event of target not met. The campaigners and/or the contributors will also not hold Indiahelps responsible for any unforeseen technical glitches such as but not limited to website down for maintenance, server errors, speed of website download, any viruses in the website etc., that might affect transaction activity on their campaigns or contribution transactions. Additionally, you (i.e. the campaigners and/or the contributors), as the case maybe, shall defend, indemnify and hold harmless Indiahelps, 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. Indiahelps 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 Wishbery in asserting any available defenses.

Limitation of Liabilty

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

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.

Electronic Delivery, Notice Policy, and Your Consent

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.

 

Dispute Resolution

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 endeavours 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:

The arbitration shall be in accordance with the rules of the London Court of International Arbitration, in force at the relevant time (which is deemed to be incorporated into this Agreement by reference);

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;

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

The arbitration shall be conducted before a sole arbitrator appointed by Indiahelps;

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

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.

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.

Governing Law

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.

Integration and Severability

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.

Miscellaneous

The Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with the Company’s prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

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.