Terms And Conditions

 

1. GENERAL

 

            Thank you for visiting our website.

 

1.1 Who owns the Platform?

 

The domain name https://www.myBringup.org (Platform) is owned by Bringup Foundation, a indian incorporated section-8 company under the companies Act, 2013 (18 of 2013) and registered office at S/O Nand Kishor Ward No. 2 Renukoot, Sonebhadar, Uttar Pradesh - 231217.

 

1.2 Who is responsible for operating and using the Platform?

 

• Bringup Foundation  and Bringup Education  Private Limited, an Indian subsidiary company of Bringup Foundation  have agreed that Bringup Education will operate, use and maintain the Platform.

• Alongside, collaborating charities Bringup Foundation, Bringup Foundation. (Bringup Foundation India) and Giving Impetus to Voluntary Effort have been authorised to avail benefits of the Platform for the purposes of receiving online donations raised through online giving, for enabling charitable projects and other activities.

 

1.3 Why these Terms & Conditions and its effect?

 

• These terms and conditions along with any policy or other document referred herein governs the manner in which a person can access or use the platform (t&cs). further, there could be certain additional terms that we may make applicable for your dealings on the platform with Bringup Foundation. for using the platform, you are required to peruse and understand these t&cs and signify your consent. If you do not wish to consent, you should not use the platform in any manner. In the context of these t&cs, Bringup Education, we, our, us expressions shall unless it be repugnant to the context or meaning thereof, primarily refer to Bringup Foundation , Bringup Education and its permitted successors or assigns. where specific requirements pertain to Bringup Foundation, Bringup Foundation us and Bringup Education, express reference is made. upon your consent, these t&c’s constitute a binding contract between you, Bringup Foundation  and Saathire primarily, and for the additional terms relating to Bringup Foundation, between you and the respective charities as the case may be Bringup foundation us as the case may be.

 

2. DETAILS

 

• User or You in these T&Cs mean and include (i) Donors (as defined below), or (ii) Campaigners (as defined below), or (iii) recipients (individual(s) or hospital or charitable organization) of the online giving campaigns, or (iv) those who are browsing the Platform as visitors.

• T&Cs govern User’s access and use of the Platform. We reserve the right to amend the T&Cs with notice to the User upon such amendment.

• User’s continued use of the Platform, after any amendment would signify their acceptance to the amended T&Cs. If You do not agree to such amendments, contact us at bringupfoundation@gmail.com.

 

3.PLATFORM SERVICES, COLLECTION AND DISBURSEMENT MODUS

 

•  The Platform enables certain Users to run campaigns or fundraising events including individuals and organisations (Campaigners) to raise funds for activities that are aimed at (i) alleviation of poverty,relief to the poor, education, healthcare and medical relief and preservation of environment (these objectives will be collectively referred as Purposes); and (ii) any other online giving programs and activities.

•  They raise funds by asking donors in India and abroad (Donors) to donate money to their programs, projects and listed purposes (Donations).

• The Platform lists and hosts Users, and acts as an online intermediary that enables Campaigners to connect with desired Donors to make and receive donations.

•  Alongside, the Platform as an intermediary and may allow certain Users to send certain specific messages to Campaigners and recipients who are organisations. Where this facility is availed, the Platform will require additional email verification to verify the message originator and apply spam filters. We reserve the right to add further verification and review mechanisms including review of the contents of the messages before transmitting the message to the intended Campaigner or recipient over e-mail. Once transmitted, we may allow the concerned recipient or the Campaigner to reply to the transmitted message. The messaging facility cannot be used for spamming or bulk messaging. Purely promotional or generic marketing messages may be filtered and not transmitted. Users can send only a limited number of messages using this facility on the Platform and we reserve the right to restrict, revise, or completely cease providing this facility at our discretion. We do not take any responsibility and shall not be liable in any manner if the messages are not transmitted and delivered to the intended recipient for any reason whatsoever, or if there is no action taken up by the recipient pursuant to the messages transmitted.

• We are not brokers, agents, financial institutions, creditors, or insurers for any fundraiser on this Platform.

• We are only providing a platform for communication and it is agreed that the transactions whether gratuitous or otherwise shall always be between User and Donor.

 

• Bringup Foundation  and SaathiRe grant to the User a limited, non-exclusive, non-transferable, non-assignable, revocable-at-will licence, without the right to grant sublicenses, to access and use the Platform for making, receiving and raising Donations and availing messaging facility in accordance with these T&Cs.

• Collection and Disbursement: The collection and disbursement of Donations for the Campaigns on the Platform shall be done in the following manner, subject to deduction of processing fees and/or tips as per these T&Cs:

• INR Donations for Purposes: INR Donations made on the Platform for Purposes other than healthcare and medical relief, shall be collected by Bringup Education. The Donations shall thereafter be remitted to Bringup Foundation, which shall disburse such INR Donations made on the Platform for the Purposes and to the User.

• INR Donation for other charity and activities: SaathiRe shall collect and process INR contributions made on the Platform on campaigns having objects other than Purposes, and disburse the same to the User.

• Foreign currency Donation: Bringup Foundation  shall collect and process Donations made in USD, GBP, or any other currency (except INR).  Then, it shall disburse USD or other foreign currency Donations to BringupFoundation US, except GBP Donations from the United Kingdom and Wales, which will be disbursed to BringupFoundation..

• Medical and healthcare: Here, in addition to the above description on Donations, please note that Donations shall be collected and received by BringupFoundation who shall then disburse the Donations to the User.

• All reasonable steps shall be undertaken to disburse the Donations in a timely fashion. But should there be any delay due to reasons which are out of our reasonable control, Bringup Foundation.

 

• Disbursement initiated will be communicated via email, and a disbursement report containing the Donor details will be provided to the User.

 

4.  CHARGES/FEES/TIPS

 

• Donations made on the Platform are subject to a standard payment processing charge of 2%, which is to the account of the recipient(s) and will be deducted from the Donations before disbursement. Any change in the same will be notified. These charges are non-refundable. In addition to the standard processing fee of 2%, Platform may charge promotional fees of 10% or such other amount for fundraisers that are promoted through online channels to acquire Donors. We reserve the right to require you to agree on additional terms if required for such fundraisers.

• Donors also have the option of providing tips along with their Donations, which shall be retained entirely by Bringup Foundation  or Bringup Education, as the case may be.

•  We may at our sole discretion, introduce new services and modify some or all of the existing services offered on the Platform. In such an event, SaathiRe reserves the right to introduce fees for the new services or amend fees for existing services, as the case may be.

• BringupFoundation or any other collaborating entity shall not be responsible or assume liability in respect of any loss or damage directly or indirectly arising to you while availing any payment methods, including any due to lack of authorization for any transactions, payment issued, pre-set limits with banks, declined transaction, etc.

• While third party payment gateway or your bank processes payment transactions, they are privy and process your personal information, and such processing will be solely their responsibility; and SaathiRe or Bringup Foundation  shall not be liable for any breach, or harm, or unauthorised use of personal information of any kind by such payment gateway or bank.

 

5. ELIGIBILITY OF USERS

 

• For Individuals: You must be above 18 years of age, and competent to contract in terms of the Indian Contract Act, 1872. By accessing or using the Platform, you hereby agree and represent that you are competent to enter into a contract, or you have obtained parental/guardian consent.

• For charitable organisations and other legal persons: If you are registering as a charitable organisation or generally as a legal person, not being a natural person, you represent that you are duly authorised by the organisation to accept these T&Cs and you have the authority to bind the organisation to these T&Cs.

 

6.  REGISTRATION

 

• You may view certain sections on the Platform without registering, but as a condition for using and accessing all sections of the Platform, you are required to register with us. Users can create an account with a username and password (User Account).

• We may conduct an onboarding process entailing verification of the User prior to registering on the Platform, and the process can be conducted through third parties as well. Further, the verification process could be undertaken as a recurring process. Discretion of Bringup Education is final on whether the User can access and use the Platform.

• You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach that may result in immediate termination of the User Account.

• User must ensure that the username and password are at all times kept confidential, and not disclosed to any third party.

• We do not allow multiple Users to use the same username and password. You shall never use another account without the other User’s express permission. You will immediately notify us in writing of any unauthorised use of your account, or other known account-related security breach.

 

7. USAGE TERMS

 

7.1 What are the general conditions? 

 

Users are bound by the following general covenants:

 

• Shall provide accurate, true and correct information and description about the fundraiser such as the associated cause, the beneficiaries, target amount to be raised, and other details as required by the Platform; provided information may be verified by us at any stage and we reserve the right to delete your fundraiser, if we learn that the information is false, does not depict the true nature or is misleading in any manner;

• Platform enables Donations to be made in all currencies; all currency exchange will be done at the prevailing market rates and subject to applicable law;

• Shall ensure that all Donations received are used within a reasonable time limit and for the selected purpose; in case of inability to do so, communicate the same to us and the Donor;

• If we have reasonable cause to believe that Campaigner has not honoured the intentions of the Donor, without communicating to the Donors and us, we at our sole discretion can direct refund of Donation to the Donor, or withhold any further disbursement of Donation and You shall promptly comply with such directions;

 

• Must not have abetted or committed any unlawful activity;

  • Must bear any and all applicable tax liabilities on the funds raised; we shall not provide any tax or legal advice to Users;

  • In all cases where Platform has already processed payment of Donation, but the same is subsequently dishonoured at Your end (Dishonoured Payments), and the same is brought to Your notice by SaathiRe by sharing the proof of such Dishonoured Payments, You shall make good the Dishonoured Payments in addition to any payments that the Platform has to make to financial intermediaries;

  • In the event of any update/change in the bank account details or revocation of FCRA Certificate and other applicable legal/tax certificates, Campaigner and where relevant, the recipient is liable to proactively inform the Platform at bringupfoundation@gmail.com.

 

7.2          What is a Campaigner dashboard?

 

• Once onboarded to the Platform, Campaigner shall be provided access to a Campaigner-Dashboard, which will contain information such as your fundraiser campaigns, Donations raised by you, Donor details, etc. on your campaigns.

• This Campaigner Dashboard can be used to submit new projects, edit the content on the projects, update the projects and profiles, subject to approval by us.

• BringupFoundation can access this Campaigner-Dashboard any time for operation and management of the Platform as well as to assess compliance with applicable law and these T&Cs.

 

7.3          Are there any reporting requirements? Campaigner shall:

 

•  in certain cases, such as where matching grant is made, provide to BringupFoundation, as required, an auditor certified project-wise fund utilisation certificate of all Donations raised on the Platform;

• issue the fund utilisation certificate by July of the next financial year to Bringup Foundation for total funds disbursed during the immediate prior financial year;

• proactively inform SaathiRe about any change in its status as a charitable organisation, including but not limited to its conversion into a profit-making company, losing its registration under Income-Tax Act, or Foreign Contribution Regulation Act;

• additionally, be obligated to provide such documents and information including copies of charter documents, registrations, permits, accounts, auditor report, details on ongoing investigations, and any other information that SaathiRe, Bringup Foundation , BringupFoundation and/or Donors may deem fit for evaluating compliance with these T&Cs and applicable law.

 

8.   TERMS FOR DONORS

 

8.1   What are the general conditions?

 

• Minimum donation amount on the Platform is (i) INR 50 for Donations in INR, (ii) GBP 1 for GBP Donations from the United Kingdom and Wales, and (iii) USD 1 for all other foreign currency Donations. We reserve the right to change this without any prior notice.

• Donors can remain anonymous. It is clarified that by exercising this option, Donor’s information shall not be made public, but shall be forwarded to the Campaigner.

• Donors can donate using a number of payment methods such as credit/debit cards, net-banking and e-wallets and Donations on the Platform are processed by secure payment gateways.

• While making a donation, the Donor shall conduct their independent due diligence with respect to any information about the campaign.

• All Donations made are non-refundable.

• Donors shall receive immediately, online confirmation of the Donation, which they must keep with themselves for their records.

• We reserve the right to modify or discontinue, temporarily or permanently suspend the donation facility with or without notice and we shall not be liable to Donor or any third party for the same.

• Donations made will be given to directed User and no substitution of donations or campaigns is allowed.

 

• We reserve the right to (i) delay payments (without payment of interest), or refuse to process payments by any Donor, including for any questionable transactions, and/or (ii) terminate or suspend a campaign in relation to the said questionable transactions.

• Donor understands that the Platform is only facilitating the collection of Donation, and we are not responsible in any way for the end utilisation.

• Bringup Foundation is under no obligation to become involved in disputes between any Donor and User/any third party arising in connection with the use of the Platform in any manner.

• You release the Platform, SaathiRe and Bringup Foundation , 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.

 

8.2           Receipts and Tax Exemption Certificates

 

Subject to eligibility under applicable law, the Donors shall be provided with the following:

 

• Eligible Indian Donors may be provided with a tax deduction receipt u/s 80G of Income Tax Act by BringupFoundation or Campaigner or recipient;

• Eligible USD Donors may be provided with a tax exemption certificate u/s 501(c)(3) issued by BringupFoundation US; and

• Eligible UK and Wales Donors may be provided with Gift Aid compliant receipts issued by GiveUK.

 

9.  WHY DO WE COLLECT AND PROCESS SOME INFORMATION?

 

• When User uses the Platform, we may need to access User specific data including personal data, identity information, contacts, payment

 

details, financial data, etc. Information provided by User during the registration process and thereafter, help rendering of services, offer relevant content, customer service and network management, and all such information shall be used and accessed as per the terms of our Privacy Policy. We store personal information including sensitive personal information such as User financial information by employing adequate security measures as required under applicable law.

 

10. DATA PROTECTION & PRIVACY

 

• Personal information supplied to us while using the Platform or availing the services shall be used by us in accordance with our Privacy Policy. Users must review our Privacy Policy which forms an integral part of these Terms before User continues to use or access the Platform.

 

11.  PLATFORM USAGE RESTRICTIONS

 

• User agrees that while using the Platform, it shall not post or publish any content, text, graphic, material, opinion, expression or any depiction that directly or indirectly by inference, interpretation or analogy:

• contains, promotes or provokes violence, racism, abusive language, bigotry, hatred or harm of any kind including financial, social, cultural, or any other prejudice towards any individual or group or community;

•  is patently offensive;

• contains, promotes, is derived or attributable to false, or misleading information, and illegal activities;

•  contains any link to adult/pornographic website/content;

• contains any content that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable,disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

•  threatens the unity, integrity, defence, security, or sovereignty of India, its friendly relations with foreign states, or public order, or causes incitement to commission of any offence or prevents investigation of any offence, or is insulting of any nation;

• is harmful to minors (i.e., below the age of 18 years);

• contains, or promotes, incites, provokes, induces any activity, language, content deemed unlawful, harmful or inappropriate by law;

• creates a false identity, impersonates any person or entity, or falsely states or otherwise misrepresents itself as anybody else, or being affiliated with any other person or entity;

•  results in use of Platform for criminal or tortious activity, including but not limited to child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright or any other intellectual property infringement, or theft of trade secrets and confidential information;

• uploads, posts, e-mails, transmits or otherwise makes available any content or initiates communication which include information that User does not have the right to disclose, or make available under any law or under contractual or other relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements), or which infringes or threatens to infringe any third party’s intellectual property rights;

• uploads, posts, e-mails, transmits or otherwise makes available any unsolicited or unauthorised advertising, promotional material, junk mail, spam, chain letter, pyramid scheme or any other form of solicitation, including sending messages to people who do not know the User, or who are unlikely to recognize the User as a known contact, sending messages to distribution lists, newsgroups, or groups;

• disguises the origin of any communication transmitted through the Platform;

• interferes with or disrupts the Platform services or servers or networks connected to the Platform, or disobeys any requirements, procedures, policies or regulations of networks connected to this Platform;

•  contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

• interferes with another User’s use and enjoyment of the Platform, or any other individual’s use and enjoyment of similar services;

• refers to any website or URL that, in our discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these T&Cs;

•  displays on its website and/or the Platform, or use in connection with the Platform, any materials which in any way infringe the copyright, other intellectual property rights or proprietary rights of a third party or which may otherwise render the Platform liable to the payment of damages to any third party.

 

 

12. OTHER COVENANTS 

     

User agrees that: 

 

•  all information provided by the User during registration process is true, accurate and complete in all aspects;

• they will not allow any third party to use the Platform in any manner on its behalf;

• they shall be responsible for maintaining the confidentiality of its account and shall be responsible for all activities occurring under its account;

• they will immediately notify us of any unauthorised use of the Platform by any person using User’s device, or details, or any other breach of security;

• they are accessing and using the Platform at their sole risk and are using their best and prudent judgement before accessing and using the Platform;

• the terms of agreement with their respective mobile network provider or internet service provider shall apply while accessing the Platform; as a result of this, they may be charged by the concerned mobile network provider or internet service provider for using network connection, and they agree to pay such charges, as applicable, when they access the Platform;

• we may update, revise, modify, delete, amend, or withdraw any feature, content, options, page, data hosted on the Platform without any prior notification to User, and User hereby consents to the same.

 

14.          REPRESENTATIONS

 

You represent to us, BringupFoundation that:

 

• in case of NGO, it is registered as a not-for-profit organisation (i.e., registered under Section 8 of the Companies Act 2013 or under Section 25 of the Companies Act, 1956, or registered as a public charitable trust or society under applicable law);

• it shall adopt transparent practices and shall share necessary information on the usage/deployment of Donation and progress of the project for which it received Donation in the manner specified in these T&Cs;

• in case of healthcare and medical fundraisers, (i) all Donations contributed shall be solely used for the purpose of medical treatment of the patient; (ii) they shall inform BringupFoundation of any changes/amendments pertaining to the documents, bills, medical history or any other information whatsoever furnished by them; (iii) they authorise BringupFoundation to use the personal data provided including photos, videos, beneficiary information, and other identified/identifiable information for the purpose of raising donations, publicity and marketing, and authorise BringupFoundation to reserve the right to provide information relating to the fundraiser to Donors, hospitals, or law enforcement authorities; (iv) they shall comply with all relevant and applicable laws and financial reporting obligations; and (v) they are not being mala fide in their intentions and actions, and are genuinely raising funds for a true medical/healthcare cause;

• while carrying on their activities, they do not adopt discriminatory practices on the basis of caste, creed, gender, religion, race, sexual orientation, or any other discriminatory, sectarian or prejudicial basis in their programs, operations or other external or internal processes;

•  all information provided while using the Platform for raising funds is accurate, complete, and not otherwise designed to mislead, defraud or deceive;

• they maintain all licences and permits required under applicable law for raising Donations and carrying out their activities in general including valid Foreign Contribution Regulation Act registration, and compliance with applicable law for the purposes of receiving foreign Donations;

• they and their representatives while performing the projects listed on the Platform shall adhere to the terms herein, applicable law, act ethically, and not engage in any arrangement or other agreement that results or may result in direct or indirect conflict of interest;

• they shall not directly or indirectly engage in activities that are or can be construed as political lobbying, acting as agents in government tenders, making political contribution in cash or kind, affiliation to any political, religious or other sectarian ideologies and practices, money laundering activities, dealing and transacting with entities/individuals/association of people sanctioned/blacklisted/being investigated by Indian government, the Office of Foreign Assets Control (United States of America), the Interpol, United Nations and its organisations, and/or any government intelligence agency;

 

• they and their representatives including affiliates and sister concerns are not subjected to any sanctions, fines, trade restrictions, other economic and financial prohibitions, or blacklisting by any government agency in India, United States of America, United Kingdom, or elsewhere in the world;

• the posting of materials and information on the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights, moral rights, intellectual property rights or any other rights of any person. Campaigner agrees to pay for all royalties, fees and any other monies owing to any person by reason of any content posted by it on the Platform; and

• all documents and information provided at time of registration and during the use and access of the Platform are true and valid.

• These representations shall survive the termination/suspension of these T&Cs.

 

14.          PROPRIETARY RIGHTS

 

• Certain information provided by User may be visible to other Users such as photos, videos or other content.

• User by using the Platform grants an unlimited, non-revocable, sub-licensable, royalty free license to Bringup Foundation to use all such information in any manner as it may deem fit, with due credit and attribution to the User. This license permits us to use it for promotional activities, reformatting, extraction, translation or use it in any other manner.

• Bringup Foundation  and Bringup Education  have the right to delete any content that User posts on the Platform, without prior written communication to User, without assigning any reason whatsoever.

• User shall be solely responsible for the content and information shared or posted by User on or through the Platform, including its accuracy, quality, integrity, legality, reliability, appropriateness. We shall not be liable in any manner for the content and information shared, posted or otherwise made available to us by the User, including any content of messages sent through the Platform’s messaging services.

• All content and materials, including, but not limited to description of Platform and its use, images, text, illustrations, designs, icons, photographs, names, logos, design marks, slogans, programs, software, music clips or downloads, video clips and written and other proprietary information (including page layout, or form) that are part of the Platform (the Platform Content) are intended solely for non-commercial use and cannot be used by Users to generate profits or surplus income.

• The Platform Content is provided by SaathiRe or Bringup Foundation  as the case may be, and User acknowledges that they are the sole and absolute owners of any proprietary right in the Platform Content; and except as expressly authorised in these T&Cs, User shall not use, access, distribute, modify, copy, transmit, display, reproduce, licence, create derivative works from, transfer, reverse engineer, or deal otherwise with the Platform Content.

• We grant you a limited right to access and make personal use of the Platform and to temporarily download the Platform Content for personal, non-commercial viewing only. The said right does not allow you to download, copy, use or access the Platform Content in any manner whatsoever for the benefit of another entity/person, intermediary, or similar platform as ours, or any use of the Platform Content for data mining, or similar data gathering and extraction tools.

• Any attempt to decompile, or reverse engineer, or to remove any proprietary declarations such as copyright, trademark from the Platform Content, is strictly prohibited and will be considered as unauthorised use of the Platform Content, resulting in deregistration and debarment from accessing the Platform.

• Name and logos are trademarks and service marks of Bringup Education, BringupFoundation. Any product, and service names and logos of other persons, used and displayed on the Platform may be trademarks or service marks of their respective owners who may or may not endorse, or be affiliated with, or connected to SaathiRe. Nothing in this T&Cs should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of trademarks displayed on the Platform without our prior written permission in each instance. All goodwill generated will inure to our exclusive benefit.

• The terms under this clause shall survive the termination/suspension of these T&Cs.

 

15.  AVAILABILITY OF PLATFORM

 

•  We will use reasonable efforts to make the Platform available at all times. However, User acknowledges that the Platform and its uses may not be available due to reasons outside our reasonable control such as, without limitation, while under maintenance, technical malfunction, security breach, limited internet or connectivity due to the services rendered by mobile service provider, etc. In such an event, User shall not hold us liable, including but not limited for any direct or indirect loss.

 

16.          COMPLIANCE WITH LAWS

 

• User shall comply with all the applicable laws including without limitation to Foreign Contribution Regulation Act and the rules made and notifications issued thereunder; Customs Act; Information and Technology Act and the rules made thereunder; Prevention of Money Laundering Act and the rules made there under; Income Tax Act and the rules made there under; Goods & Services Tax Act and rules there under; and other applicable laws.

 

17.          DISCLAIMER OF WARRANTIES

 

• The Platform is provided on an “as is” and “as available” basis. We take adequate measures to safeguard User interests. However, we do not make any representation or warranties in respect of the Platform or its utility.

• Under no circumstance shall Bringup Education Bringup Foundation US or any Donor be responsible for any loss or damage, including consequential, economic or indirect loss or damages, loss of profits, revenue, business, capital, or reputation whether to the User, or any third Party, or to any person claiming on behalf of the User, due to use of the Platform, participation in any event hosted by the Platform, form any Platform Content or any content posted on or through the Platform, from the conduct of any other user of Platform, or for any other consequence that directly or indirectly arises out of the Platform.

• Apart from this, the Platform may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Platform complies with international and Indian law. SaathiRe, Bringup Foundation , BringupFoundation, GiveUK and BringupFoundation US take no responsibility for third-party advertisements that are posted on this Platform, nor does it take any responsibility for the goods or services provided by the advertisers. They shall not be responsible for any error or inaccuracy in advertising materials.

• In no event shall Bringup Foundation Bringup Education be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from (i) the use or the inability to use the Platform or the Platform Content or content which the User provides; (ii) unauthorised access to or alteration of your transmissions or data;(iii) any unauthorised, indecent, defamatory, false, seditious content uploaded or posted by anybody else, including audio-visual content infringing any third party’s intellectual property rights; and (iv) any consequence which is not caused by any action or omission on our part.

•  We do not make any representation or warranty as to specifics such as final utilisation of Donations, value, impact, etc., of the campaigns on the Platform, other than those representations that are expresslymade for individual campaigns. Notwithstanding any representations made, Users are free to independently verify the veracity and the bona fides of any particular Campaigner that they choose to donate or contribute to, on the Platform and use their best judgement on that behalf.

• This clause shall survive the termination/suspension of these T&Cs.

 

18.          TERMINATION

 

•  We shall have a right to terminate the contract under these T&Cs.

• We reserve the right to suspend, or terminate your access and use of the Platform and these T&Cs, at our sole and absolute discretion, with or without any reasons, including but not limited to where we are of the view that User has breached, violated, abused, or unethically manipulated or exploited any term of these T&Cs, or anyway otherwise acted unlawfully, or unethically, or where insolvency or liquidation proceedings are initiated against User, or where there is a suspicion of fraud or security breach. The termination or suspension will be effective immediately from such time we provide a written notice to the User or display an appropriate notice on the Platform.

• Upon such suspension or termination, the User can no longer access or use the Platform.

• We shall have the right and the User shall be obligated to refund Donation received.

•  Further, any undisbursed amount of the Donation shall be withheld.

• Furthermore, we shall at our sole discretion, delete any and all of your content or other related data, information and material, and we will have no liability to you or any third party for doing so.

• This termination clause will survive termination/suspension of the T&Cs.

 

19.          INDEMNIFICATION

 

●      User agrees to indemnify and hold SaathiRe, Bringup Foundation , BringupFoundation, BringupFoundation US, GiveUK (as applicable) our affiliates, officers, directors, agents, and employees, harmless from all losses, liabilities, claims, demands or expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon), asserted against or incurred by us that arise out of, as a result from, or may be payable by virtue of, any act or omission, or any breach, or non-performance of any representation, warranty, covenant, agreement made or obligation to be performed by User pursuant to these T&Cs, utilisation of funds on anything other than the purpose designated by the Donors, lack of necessary regulatory approvals for receipt of funds in any form, your violation of any law, or violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination/suspension of these T&Cs.

 

20.          LIMITATION OF LIABILITY

 

• In no event shall Bringup Foundation , Bringup Education be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from

• the use or the inability to use the Platform and/or the Platform Content;

•  unauthorized access to or alteration of transmissions or data;

• any unauthorised, indecent, defamatory, false, seditious content uploaded or posted by anybody else, including audio-visual content infringing any third party’s intellectual property rights;

• any consequence which is not caused by any action or omission on our part.

• This clause shall survive termination/suspension of the T&Cs.

 

21.          THIRD-PARTY SITES

 

• The Platform may contain links to third party websites for which Bringup Foundation , Bringup Education assume no responsibility;

•  do not warrant the offerings of any of these businesses or individuals or the content of such third-party websites; we do not endorse, in any way, any third-party websites or content thereof; and

•  are not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources.

•  When you access third-party websites, you do so at your own risk. If you use or access any third-party websites, any personal information you Bringupto them will be dealt with in line with their privacy policy, not ours, so please ensure that you read their T&Cs and privacy policy before you use their websites and provide any personal information.

 

22.          COMMUNICATIONS

 

• By using the Platform, you consent to receive from us, all communications including notices, agreements, legally required disclosures, or other information in connection with the Platform (collectively Notices) electronically.

• Bringup Education may provide the electronic Notices by posting them on the Platform. If you desire to withdraw your consent to receive the Notices electronically, you must discontinue your use of the Platform.

 

23.  GOVERNING LAW & DISPUTE RESOLUTION

 

●      These T&Cs shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. All disputes shall be decided by mediation under the aegis of Bangalore High Court mediation centre. If mediation fails within 3 months from the date of a dispute as notified by User or us in writing to the other, the dispute shall be adjudicated by arbitration by a panel of three arbitrators in accordance with the the Indian Arbitration Act as amended from time to time and the award made in pursuance thereof shall be binding on the Parties. Each Party shall nominate 1 (one) arbitrator and both the nominated arbitrators shall appoint the third, presiding arbitrator. The seat of arbitration shall be Bengaluru and the entire arbitration proceedings shall be conducted in English. Courts in Bengaluru shall have exclusive jurisdiction

●      This provision shall survive suspension/termination of these T&Cs.

24.          MISCELLANEOUS

 

• These T&Cs constitute the entire agreement and supersedes every other agreement or arrangement we or have with User, and where BringupFoundation are involved, the specific terms as stated above shall form an integral part of these T&Cs.

• Notwithstanding anything elsewhere, if there are any conflicting provisions in BringupFoundation T&Cs, they shall supersede the conflicting provision contained anywhere else.

• In case of non-compliance of these T&C, we reserve the right to take necessary action including but not limiting to termination of the T&C, and appropriate legal actions. Our failure to enforce any right or provision under these T&Cs will not be considered a waiver of those rights. If any provision of these T&Cs is held to be invalid or unenforceable, the remaining clauses of these T&Cs will continue to be binding and remain in effect.

• These T&Cs upon User consent shall be deemed to have been executed on a principal-to-principal basis and under no circumstance anything herein will be construed to create employer-employee, principal-agent, master-servant, joint venture, principal employer-contractor, or any such other relationship.

 

25.          CONTACT

 

•  In case of any further queries or clarifications or any communication, please reach out to bringupfoundation@gmail.com.

 

By accepting these T&Cs, you accept and agree to be bound by all the conditions laid out herein and to the organisational policies, guidelines and norms of the Platform.