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Terms and Conditions

  1. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
  2. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Privacy Policy and Terms of Use for access or usage of the website www.crowdwave.in.
  3. The domain name www.crowdwave.in (hereinafter referred to as "Website") is licensed for use by The Crowdwave Trust, duly, at 6/13, North Avenue, kesavaperumal Puram, Chennai – 600 028, (hereinafter referred to as "Crowdwave").
  4. Your use of the Website and services and tools are governed by the following terms and conditions as mentioned herein as applicable to the Website including the applicable policies, which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with the Crowdwave Trust and these terms and conditions including the policies constitute Your binding obligations, with Crowdwave.
  5. For the purpose of these Terms of Use, wherever the context so requires 'You' or 'User' shall mean any natural or legal person which shall include both Donors / Contributors (as defined hereinbelow) and Campaigners (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 or signing in through an Associated Partner (via the API), as a Registered User using the computer systems (all such Donors / Contributors/ and Campaigners shall hereinafter be collectively referred to as "User"). Crowdwave allows all person(s) to surf / explore the Website without registering on the Website. The contributors / donors can contribute even without signing it. The term "we", "us", "our" shall mean Crowdwave and the term "you" and your referred to herein shall deem to mean the User.
  6. When You use any of the services provided by us through the Website, including but not limited to, (e.g. Reviews, Comments, Feedback, etc), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part and parcel of these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is the responsibility of the User to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the Crowdwave Privacy Policy.

SERVICES OF Crowdwave

  1. Crowdwave merely provides platform services which can be utilized by Users (being Donors / Contributors and Campaigners) and persons browsing / visiting the Website to reach a larger base of people, organizations and causes. Crowdwave is only providing a platform for communication and it is agreed that the transactions whether gratuitous or otherwise shall always be bipartite between the Donor / Contributor and the Campaigner.
  2. The Website is a platform that Donors utilize to meet and interact with various Campaigners and the representatives of several non-profit organizations based on the representations of the campaigns started by such person(s) and/or a cause supported by such Campaigners and Non Profit Organisations, enter into transactions for making contributions or sharing information. All information provided about the campaigns, is that which is provided by the respective campaigners initiating the campaign and the non-profit organizations for which/on behalf of who the campaigns have been started to raise funds.
  3. The User acknowledges that Crowdwave is only provides platform and Crowdwave does not verify the bona fides and genuineness of campaigns, Crowdwave cannot and does not verify specific data provided by Campaigners. Therefore, Crowdwave shall not in any manner be responsible or held accountable for any transaction between the Users.
  4. Crowdwave has limited control over all campaigns and information listed and / or advertised on the Website the Campaign generated information and is merely an intermediary and does not interfere in the transaction between Donors / Contributors and Campaigners.
  5. It is hereby clarified that at no time shall Crowdwave hold any right, title or interest over the funds or rewards (except to the extent as stated herein) or have any obligations or liabilities in respect of such providing the same to the Donor / Contributor. Crowdwave is not responsible for unsatisfactory or delayed performance of the campaign by the Campaigner.

ELIGIBILITY OF THE USER (AS DEFINED HEREINBELOW)

  1. Use of the Site/Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site/Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member on Crowdwave and shall not transact directly (either contribute or campaign to receive donations / contributions) or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian, parents or through an organization / NGO competent to Contract on the Website. Crowdwave reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Crowdwave's notice or if it is discovered that you are under the age of 18 years.
  2. Organizational Campaigners / Legal Person's Registration: If you are registering as an Organization / Entity or generally Legal Person, not being a natural person, you represent that you are duly authorized by the Organization / Entity Management to accept these Terms of Use and you have the authority to bind the Organization / Entity to these Terms of Use.

CAMPAIGNERS

  1. A Non Profit Organization, which is registered on Crowdwave and/or an person who is a supporter or intends to further the cause of such Non Profit Organizations, is permitted to present/host a campaigns on the Website of Crowdwave in accordance with the Policies which are incorporated by way of reference in this Terms of Use and any agreement entered into by Crowdwave and any such person (a Non Profit Organization registered with or is a member of Crowdwave and/or any person hosting a campaign on the Website of Crowdwave shall hereinafter collectively be referred to as a "Campaigner").
  2. A Campaigner is bound and legally liable to provide accurate, true and correct information in respect of the details of the cause for which the campaign is hosted for and raise funds on our Website.
  3. A Campaigner shall ensure that the description of the campaign must not be misleading and must describe need and use of the funds to be raised. Crowdwave reserves the right to delete your campaign if it is brought to the notice of Crowdwave that the information provided by you is false, does not depict the true nature of the campaign or is misleading in any manner.
  4. A Campaigner shall ensure that the information and the Campaigns do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Campaign listings may only include text descriptions, graphics and pictures that describe your campaign and the need and the use of the funds to be raised.
  5. It shall at all times be the responsibility of the Campaigner to furnish the Donor with accurate progress report and any other information that may be required by the Donor to track the utilization of the funds donated by the Donor to the Campaigner via Crowdwave.
  6. You further agree that by listing your campaign on the Website, you shall at all times abide by various laws applicable to You including but not limited to the Income Tax Act, 1961, the Foreign Contributions Regulation Act, 2010, the Information Technology Act, 2000 as well as all rules and regulations made under the respective laws and as amended from time to time.

DONOR

  1. Any person who fulfills the eligibility criteria set out in clause B above shall be permitted to donate Rs. 100or above in value to any campaign started/listed on the Website by any of the Campaigners ("Donor").
  2. The Donor hereby agrees to make the payments for any campaign as per the terms and conditions stated herein.
  3. The Donor further agrees and declares that the Donor is aware that Crowdwave has no responsibility to verify the accuracy of any statement and/or information furnished by the Campaigner with respect to any campaign pursuant to which the Donor has donated moneys(s) for any campaign via Crowdwave on the Website.
  4. The Donor shall conduct their independent due diligence with respect to any information/campaign listed by a Campaigner (which includes the non- profit organization) before making any donations on the Website as Crowdwave shall not be responsible in any manner for any misrepresentation and/or false information that may be listed on the Website.
  5. In the event a campaign is listed by any person on behalf of a non –profit organization, the Donor shall approach only the particular non- profit organization for which the Donor has donated the money to track the utilization of the funds or any other information that may be required by the Donor. The Donor hereby agrees and declares that the Donor is aware that Crowdwave shall at no point of time be held answerable or accountable for any money(s) once the funds donated have been handed over to the non-profit organization in respect of which donations have been made.

USER ACCOUNT AND REGISTRATION OBLIGATIONS

By using the Website, You shall be responsible for maintaining the confidentiality of your Login Name and Password, and You shall be responsible for all activities that occur under your Login Name. You agree that if any information provided by You that is inconsistent, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is inconsistent, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, We reserve the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse You access to the Website.

COMMUNICATIONS

When You use the Website or send emails or other data, information or communication to Crowdwave, You agree and understand that You are communicating with Crowdwave through electronic records and You consent to receive communications via electronic records from Crowdwave periodically and as and when required. Crowdwave may communicate with You by email or by such other mode of communication, electronic or otherwise.

PLATFORM FOR INFORMATION, COMMUNICATION AND TRANSACTION

  1. The Website is a platform that Donors utilize to meet and interact with various Campaigners and the representatives of several non-profit organizations based on the representations started by such person(s) and/or a cause supported by such Campaigners and Non Profit Organisations, enter into transactions for making contributions or sharing information. All information provided about the campaigns, is that which various campaigners provide.
  2. The User acknowledges that Crowdwave is only a platform provider and Crowdwave does not verify the bona fides and genuineness of campaigns, Crowdwave cannot and does not verify specific data provided by Campaigners. Therefore, Crowdwave shall not in any manner be responsible or held accountable for any transaction between the Usersand the Campaigners.
  3. All commercial/contractual terms are offered by and agreed to between the Campaigners and Donors / Contributors alone. The commercial/contractual terms include without limitation the representations made by the Campaigners 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 Campaigners and the contributions made by the Users. Crowdwave 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 Campaigners or acceptance of such commercial/contractual terms between the Donors / Contributors and the Campaigners.
  4. Crowdwave 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. Crowdwave does not implicitly or explicitly support or endorse any of the campaigns on the Website. Crowdwave accepts no liability for any errors or omissions, whether on behalf of itself or any of the Campaigners.
  5. Crowdwave is not responsible for any non-performance or under-performance of any of the commitments made by the Campaigners or for any contractual obligations (E.g. Rewards) entered into between Contributors and the Campaigners. Crowdwave cannot and does not guarantee that the concerned Campaigners will perform any commitment concluded on the Website. The Campaigners 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 fulfillment of the obligations of the Campaigners, the same shall be settled between the parties directly and Crowdwave shall not be held responsible for any such default/non performance of the obligations of the Campaigner and at no time shall Crowdwave be required to mediate or resolve any dispute or disagreement between Contributors and Campaigners. However, Crowdwave 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.
  6. Crowdwave does not make any representation or warranty as to the campaign specifics (such as the eventual impact, use of funds, efficiency of Campaigners, etc) of any of its Campaigners. You are advised to independently verify the bona fides of any particular Campaigner that you choose to donate or contribute to, on the Website and use your best judgment in that behalf.

CHARGES

Crowdwave does not charge any fee for donations. Crowdwave reserves the right to change its Fee Policy from time to time. In particular, Crowdwave 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 Crowdwave reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.

GENERAL RULES FOR THE USE OF THE WEBSITE

You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
    • belongs to another person and to which You does not have any right to;
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    • is misleading in any way;
    • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"
    • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
    • infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]
    • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
    • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
    • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone
    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
    • contains a video, photographs, or images of another person (with a minor or an adult).
    • tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
    • engages in commercial activities and/or sales without our prior express and written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Website
    • solicits gambling or engages in any gambling activity which Crowdwave, in Our sole discretion, believes is or could be construed as being illegal
    • interferes with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services
    • refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
    • Harms minors in any way
    • Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
    • Violates any law for the time being in force;
    • Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • Impersonates another person;
    • 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;
    • Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
  3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
  4. You shall not probe, scan or test the vulnerability of the Website or any network, neither connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
  5. You shall not probe, scan or test the vulnerability of the Website or any network, neither connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
  6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
  7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
  8. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Crowdwave and / or others.
  9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws (specifically the Foreign Contribution Regulation Act, 2010 and the rules made thereunder), Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. Further, no donation or contribution either for reward or otherwise shall be made for any reason or as consideration for any transaction other that which is the subject of the campaign and in no event shall any donation or contribution be used for any purpose that is considered unlawful or against public policy as per the applicable laws in India.
  10. Solely to enable us to use the information You assign to us rights, You might have in your Information, You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
  11. From time to time, You shall be responsible for providing information relating to the donations / contributions made by you and required to be disclosed under applicable laws. In this connection, You undertake that all such information shall be accurate in all respects and that only You shall be solely responsible for any incorrect or knowingly false information provided by You.
  12. You shall not engage in advertising to, or solicitation of, other users of the Website to Campaigns or services, including, but not limited to, campaigns related to those being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in our sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  13. We reserve the right, but have no obligation, to monitor the materials posted on the Website by Campaigners or generally by Users on any one of the interactive platforms provided on the Website. Crowdwave shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Crowdwave's views. In no event shall Crowdwave assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
  14. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
  15. It is possible that other Users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
  16. Crowdwave shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

CONTENTS POSTED ON SITE

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Crowdwave's express prior written consent.

LIMITED LICENSE

Crowdwave grants Campaigner's a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Funds raised through Crowdwave", "Powered by Crowdwave" and/or "via Crowdwave" name and/or logo on Campaigners' invoice / certificate of donation for transactions concluded on the Website. Further, Crowdwave grants Campaigner a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use www.Crowdwave.in name and/or logo on stationery used by the Campaigner for delivery of Communications / Receipts / Certificates, etc. provided on the Website.

LINKED WEBSITES / APIS

Crowdwave does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using the Website's APIs or otherwise. In addition, Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, Crowdwave assumes no responsibility for examining or evaluating the products and services or generally information offered by them. Crowdwave does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Crowdwave does not endorse, in any way, any third party website(s) or content thereof.

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