By downloading, browsing, accessing or using the Giving Circle mobile application & Website you agree to be bound by these Terms & Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms & Conditions of Use, you must immediately discontinue your access to the Website and your use of the services offered on the Website. Continued use of the Website will constitute acceptance of these Terms & Conditions of Use, as amended from time to time.
In these Terms and Conditions of Use, the following capitalized terms shall have the following meanings, except where the context otherwise requires:
"Account" means an account created by a User on the Website as part of Registration.
"Register" means to create an Account on the Website and "Registration" means the act of creating such an Account.
“Changemaker” (as defined herein below) as and where applicable and to be understood so) who has agreed to become a member/user of the Website by providing Registration Data while registering on the Website
“Registered User” using the computer systems (all such Donors / Contributors/ and Changemaker shall hereinafter be collectively referred to as “User”)
General Issues about the website and the services
- Applicability of terms and conditions: The use of any Services and/or the Website and the making of any services are subject to these Terms and Conditions of Use
- The Website is intended solely for use by Users who access the Website in India. We make no representation for the services (i.e. Projects or Events) published on the Website. Any participation in Giving Circles and/or Events will be on your elective decision. Responsibility for the consequences arising out of the same will be yours solely. Giving Circle will not be responsible for any consequences arising out of this elective participation. Additionally, compliance with all applicable laws with regard to the elective participation will be your sole responsibility and Giving Circle will not be held responsible for the same
- Scope: The Website and the services are for your non-commercial, personal use only. Use of the Website for any commercial and profit-making activity is strictly prohibited
- Prevention on use: In case of any reported misuse we reserve the right to prevent you using the Website, including the Service and any functionality thereof
- License to use Material: By submitting any text or images (including photographs) you confirm that you have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote any text or images.
- You warrant that all information provided on Registration and contained as part of your account is true, complete and accurate and that you will promptly inform us of any changes to such information by promptly updating the information in your account.
- You agree to receive pre-programmed notifications on the Website.
Prohibitions in relation to usage of Services or Website
- You will not publish or promote or forward any unlawful content on the Website. The Website should be used for doing social good (beneficiary should be clearly identifiable - people or places) only. The Website should not be used for any religious, terroristic, criminal, offensive, communal or any other unlawful activities.
- You will not publish or promote any material which is threatening, offensive, indecent, obscene, menacing character, blasphemous content or defamatory of any person, in contempt of court, in breach of confidence, rights of personality, publicity or privacy or any other third-party rights.
- You will not publish or promote any material for which you have not obtained all necessary licenses/ approvals/ rights, or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world.
- You will not send or receive any material which is technically harmful (including viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or any other malicious software or data). You will not commit any act that would impose unreasonable or disproportionately large load on our infrastructure.
- You will not cause annoyance, inconvenience or needless anxiety to other users.
Rules about use of the services
- We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified about them. However, we do not guarantee that the services or Website will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, please feel free to report to [email protected].
- We do not warrant that your use of the Services will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Website will be transmitted accurately, reliably, in a timely manner. Notwithstanding that we will try to allow uninterrupted access to the Services, access to the Services may be suspended, restricted or terminated at any time.
- We do not give any warranty that the Services and Website are free from viruses or anything else which may have a harmful effect on any technology.
- We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services and Website from time to time. Your access to Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Website at any time.
- We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
Suspension and Termination
- If you use (or anyone other than you, with your permission) the Website or any services in contravention of these Terms and Conditions of use, we may suspend your use of the Services.
- If we suspend the Services, we may refuse to restore the Services for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.
- We shall fully cooperate with any law enforcement authorities or court order requesting or directing to disclose the identity or locate anyone in breach of these Terms and Conditions of Use.
- Without limitation to anything else in this clause, we shall be entitled immediately or at any time (in whole or in part) to: a- suspend the Services and/or Website, b- suspend your use of the Services and/or Website, and/or c- suspend the use of the Services and/or Website for persons we believe to be connected (in whatever manner) to you, if:
- You commit any breach of these Terms and Conditions of Use.
- We suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
- Our rights under clause 6 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of a- your use of the services, b- any other party's use of the services using your user ID, verification PIN and/or any identifier number allocated and/or c- your breach of any of these Terms and Conditions or Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
Intellectual Property Rights
- All content, information, photographs, illustrations, artwork and other graphic materials, and names, logos, and trademarks on the Website are protected by copyright laws and/or other laws and/or International treaties, and belong to us and/our partners, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners as the case may be.
- Nothing contained on the Website should be construed as granting by implication, estoppel or otherwise, any licenses or right to use any trademark displayed on the Website without our written permission. Misuse of any trademarks or any other content displayed on the Website is prohibited.
- We will not hesitate to take legal action against any unauthorised usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved.
- We may periodically make changes to the contents of the Mobile Application at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application.
- We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of use will be posted on the Mobile Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
Applicable law and jurisdiction
- The Website can be accessed from anywhere in the world where technology and regulations permit. As each of these places have differing laws, by accessing the Website both you and we agree that the laws of India, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Website.
- You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts in India in respect of any dispute arising out of and/or in connection with these Terms and Conditions of use.
Platform for Information, Communication and Transction
- The Website is a platform that Donors utilize to meet and interact with various Changemakers and the representatives of several Non Profit Organizations in India based on the representations of the campaign started by such person(s) and/or a cause supported by such Changemakers and Non Profit Organizations in India, enter into transactions for making contributions or sharing information. All information provided about the campaigns, is that which various Changemakers provide.
- The User acknowledges that Giving Circle is only a service provider and Giving Circle does not verify the bona fides and genuineness of campaigns, Giving Circle cannot and does not verify specific data provided by Changemaker. Therefore, Giving Circle shall not in any manner be responsible or held accountable for any transaction between the Users and the campaign.
- All commercial/contractual terms are offered by and agreed to between the Changemaker and Donors / Contributors alone. The commercial/contractual terms include without limitation the representations made by the Changemaker including, amounts to be raised, use of the funds raised, costs incurred, payment methods, payment terms, warranties related to the final use of the funds, the effectiveness of the utilization of the funds, the impact of the campaign, the rewards offered by the Changemaker and the contributions made by the Users. Giving Circle does not have any control or does not determine or advise or in any way involve itself in either determining any details of the campaign or the offers of Changemaker or acceptance of such commercial/contractual terms between the Donors / Contributors and the Changemaker.
- Giving Circle does not make any representation or Warranty as to specifics (such as final utilization of funds, value, impact, rewards, etc.) of the campaigns on the Website other than those representations that are expressly made for individual campaigns. Notwithstanding any representations made, Users are free to independently verify the veracity of any statement made on the Website. Giving Circle does not implicitly or explicitly support or endorse any of the campaigns on the Website. Giving Circle accepts no liability for any errors or omissions, whether on behalf of itself or any of the Changemaker.
- Giving Circle is not responsible for any non-performance or under-performance of any of the commitments made by the Changemaker or for any contractual obligations entered into between Contributors and the Changemaker. Giving Circle cannot and does not guarantee that the concerned Changemaker will perform any commitment concluded on the Website. The Changemaker shall at all times be responsible for and ensure that the performance of the Rewards offered by them, in the event of any failure of the fulfilment of the obligations of the Changemaker, the same shall be settled between the parties directly and Giving Circle shall not be held responsible for any such default/non performance of the obligations of the Changemaker and at no time shall Giving Circle be required to mediate or resolve any dispute or disagreement between Contributors and Changemaker. However, Giving Circle does welcome feedback as well as grievances of Users to be brought to its attention so that it may take steps that it deems appropriate for improvement of the User experience on the Website.
- Giving Circle does not make any representation or warranty as to the campaign specifics (such as the eventual impact, use of funds, efficiency of Changemaker, etc) of any of its Changemakers. You are advised to independently verify the bona fides of any particular Changemaker that you choose to donate or contribute to, on the Website and use your best judgment in that behalf.
- Giving Circle does not charge any fee for browsing on the Website. Giving Circle's charges are limited to the facilitation fee (including platform / collection fees and transactional charges)which is charged to the beneficiaries of the funds raised on Giving Circle on the terms and conditions agreed to between Giving Circle and the beneficiaries of the funds independently. Giving Circle reserves the right to change its Fee Policy from time to time. In particular, Giving Circle may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Giving Circle reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.
- Giving Circle runs advertising campaigns on behalf of its Changemakers for which it also deducts the full advertising expense other than the Giving Circle facilitation fee before transferring the funds to the beneficiary