TERMS OF USE OF THE WEBSITE AND TERMS AND CONDITIONS OF ITS SERVICE
These terms of use (“Terms of Use”) are entered into by and between you (“you”), and Ekrupay Foundation (“Foundation”) for accessing the activities of the Foundation on the website www.ekrupay.com (“Website”). It governs your access to and use of every content, functionality or services rendered on or through the Website.
These Terms of Use apply to you even if you are a guest and not a registered user of the Website. Please therefore read these Terms of Use carefully before using the Website. By using the Website or by clicking to accept or agree to the Terms of Use, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
The two principal categories for users in this Website are Well-wishers & Receivers. A Receiver is a part of campaign launched by the Foundation on the Website (“Campaign”) for receiving the blessings from a Well-wisher. A Well-wisher is anyone who makes a donation to Foundation for providing blessings to any Receiver. Additionally, the Website may be accessed by any person who is neither a Receiver nor a Well-wisher. These Terms of Use apply to all who access this website, including but not limited to, Receivers and Well-wishers.
Use of the Website, however, is not available to persons who cannot form legally binding contracts under the Indian Contract Act, 1872 (“Contract Act”). Persons who are not competent to contract within the meaning of the Contract Act, i.e., minors, undischarged insolvents, etc. are not eligible to use the Website. Such persons may not register on the Website, transact on it, or otherwise use the Website.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes and the revised Terms of Use. We do not undertake to notify you of proposed or actual changes.
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, or any agreement entered into digitally, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The Website and its entire contents, features, and functionality (including but not limited to all information, so ware, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Foundation, its licensors, or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Foundation’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Foundation or its affiliates or licensors. You must not use such marks without the prior written permission of the Foundation. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms of Use and any agreement that you have entered into with the Foundation. You agree not to use the Website:
Additionally, you agree not to:
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (“Post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out below in these Terms of Use.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Foundation, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone making any donations or posting any materials on or through the Website or otherwise accessing or using our Website.
We do not undertake to review any material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
You hereby irrevocably and unconditionally waive and indemnify the Foundation and its affiliates, licensees, and service providers from any and all claims, damages, liabilities and costs resulting from any action taken by the Foundation/any of the foregoing parties during, or taken as a consequence of, investigations by either the Foundation, such parties or law enforcement authorities.
Additionally, you agree that the actions taken by the Foundation as mentioned in this Clause are without prejudice to the right of the Foundation to pursue any legal recourse, action or remedy against you.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable central, federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement at our address specified for contacting us. It is the policy of the Foundation to terminate the user accounts of infringers and remove infringing materials.
The information presented on the website is represented to us as being materially true, correct and complete. While we continually endeavor to provide reasonably and materially correct information regarding campaigns, campaigners, receivers and beneficiaries of donations, we do not warrant that the information present is true, correct or complete. Any reliance you place on such information involves certain risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its contents.
This website contains in large measure content provided by third parties, including materials provided by campaigners, receivers and beneficiaries of donations, other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Foundation, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Foundation. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.
We update the content on this Website from time to time, but its content is not necessarily always complete or up-to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Donations made and transactions performed through our Website are governed by the terms set forth herein and elsewhere in these Terms of Use.
Well-wishers may make contributions towards any Campaign on the Website provided such donation is in compliance with Indian law, and applicable laws in the jurisdiction of the Well-wisher.
Upon registration, Well-wishers obtain access to certain information about Receivers and beneficiaries of Campaigns. While the Foundation endeavors to pre-screen and qualify Campaigns after an involved exercise, such screening or qualification is not error-free, exhaustive or warranted by us. Moreover, it is not a substitute for Well-wishers independent investigations after Well-wisher has obtained communication access to the Receiver. The Website affords Well-wishers an opportunity to ask Receivers questions concerning the Campaign and otherwise test the soundness of any Campaign. By making a donation through the Website, each Well-wisher hereby represents and warrants that such Well-wisher has conducted the due diligence that such Well-wisher deems appropriate under the circumstances and does not rely on the Foundation or its affiliates for the accuracy, completeness or adequacy of the information supplied on the Website. Moreover, the Well-wishers should note that neither the Foundation nor any of its affiliates or employees represent or warrant that Receivers or beneficiaries of Campaigns shall use donated funds in the manner and for the purpose represented by them. The Foundation is not a party to any Campaign. Questions concerning use or utilization of funds are to be directed solely to the Receivers and beneficiaries of Campaigns, not the Foundation or its affiliates or employees.
Notwithstanding the foregoing and solely with a view to facilitate communication, Well-wisher may be sent from time to time updates about the progress/status of any Campaign and hereby irrevocably consent to receive such communications. In case a Well-wisher or other User wishes to opt-out of such communications, such User must log-in to their Foundation profile and disable communications. See in this regard, our Privacy Policy.
There might occur circumstances where a banking or other financial institution might decline, withhold or delay processing of donations or remittances, require the Foundation or Receiver to provide additional information or institute additional safeguards and checks and balances, or take such other action as deemed appropriate in compliance with applicable law. Users, including Well-wishers, hereby covenants to assist the Foundation with any compliance obligations and fully cooperate with it in resolving any questions such banking or financial institution or governmental authority might have regarding the transaction.
The Foundation reserves the right to refuse to process donations by any Well-wisher, including any questionable transactions. This includes, without limitation, suspected collusion between the Well-wisher and Receiver to bring about false impressions, mislead other Users or breach/ violate any law or further any charges imposed by issuing banks, or generally breach of any governmental policies or laws. Where the Foundation suspects or has reasonable cause to doubt the credibility of the Well-wisher and/or Receiver, the Foundation may return donations made by such Well-wisher after deduction of the Foundation’s operating costs.
The Foundation may delay notifying payment/ transaction confirmations if the Foundation is suspicious of any transaction. In addition, the Foundation may hold- back funds raised and subsequently inform law enforcement officials (instead of refunding the same to the Well-wisher) if it deems in its sole discretion to be appropriate or expedient. The Foundation reserves the right to reverse donations at its sole discretion, including in the event of violation of these Terms of Use. No interest or other charges shall be due or payable on such reverses. Well-wisher acknowledges that the Foundation will not be liable for any damages, interests or claims etc. resulting from not processing such transactions/ funds/ donations or from any delay in processing transactions/ funds/ donations.
The Well-wishers and the Receivers agree and acknowledge that the donations received by the Foundation will be disbursed under the grant allotment after deducting the operating expenses of the Foundation. The operating expenditure of the Foundation includes, but not limited to:
The Well-wisher acknowledge and agree there is no claim, right, interest, encumbrance, condition on the donations made by the Well-wisher on the Website. Any donations received by the Foundation through the Website would be disbursed as per the policy of the Foundation.
The Receivers and the beneficiaries of a Campaign agrees and acknowledges that the disbursement of the grant allotted as per Clause 13 of the Terms of Use is subject to Receiver providing documents to the satisfaction of the Foundation.
The Receivers agree and acknowledges that nothing on the Website or in the Terms of Use creates any claim, right, interest in the donations received by the Foundation through the Website.
The Receivers agrees that the Foundation may withheld the disbursement of the grant till the Foundation verifies the Campaign and the reasons of the Receiver to the Foundation’s satisfaction.
The Receivers and the Well-wishers acknowledge and agree that nothing in the Terms of Use and the Website is to be construed as that the disbursement will be made by the Foundation to the Receiver directly. The Foundation may, at its sole discretion, disburse the grant towards the required use as specified by the Receiver in its Campaign.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in India. While we endeavor to provide this Website for use by persons in India and outside it, we make no claims that the Website or any of its content is accessible or appropriate outside India. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside India, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the internet, the website, its content, and any services or items obtained through the website is at your own risk. The website, its content, and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Foundation nor any person associated with the Foundation makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither the Foundation nor anyone associated with the Foundation represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
To the fullest extent provided by law, the Foundation hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
To the fullest extent provided by law, in no event will the Foundation, its affiliates, or their licensors, service providers, employees, agents, officers, or trustees be liable for damages of any kind, under any legal or equitable theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of profit, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
You agree to defend, indemnify, and hold harmless the Foundation, its affiliates, licensors, and service providers, and its and their respective officers, trustees, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
These Terms of Use are made and published in accordance with India’s Information Technology Act, 2000 and the rules made thereunder (“IT Act”), as amended, and other applicable laws of India. This document is an electronic record and all amended provisions pertaining to electronic records in various statutes, as amended by the IT Act, will be applicable. This electronic record is generated by a computer system and does not require physical or digital signatures.
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of India without regard to any conflict of law principles.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website or Campaigns launched, or donations made through use of the Website may be instituted exclusively in the courts located in Noida, Uttar Pradesh, India. Notwithstanding the foregoing, the Foundation hereby retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence, if other than India. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts in such cities.
No waiver by the Foundation of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Foundation to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Foundation regarding the use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such use. In the event of any conflict between the provisions herein and a separate agreement between you and the Foundation, the provision of that agreement shall control and prevail.
The Users acknowledges and agree that the Website is not owned by the Foundation instead owned by Ekrupay Online Ventures (“Ventures”). The Ventures have provided platform services to the Foundation on the Website for listing the activities of the Foundation and the transactions done on the Website relating to the activities of the Foundation is between the User and the Foundation. The Users further agree that the Ventures does not have any relationship, contractual or otherwise, with the Users.
This Website is operated by the Ventures, Admin address: Ekrupay Online Ventures, Alpha 03, D-9, Sector-3, Noida, Uttar Pradesh – 201310, India and the activities listed on the Website also belongs to the Foundation. All feedbacks, comments and notices should be sent to: care@ekrupay.com via email. All requests for technical support and other communications relating to the Website should be directed via whatsapp +91-9311595666.
Note that questions, comments, suggestions, ideas, feedback or other information shared on this Website or to use (collectively “Submissions”) are not confidential and the Foundation is entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
By using the site you acknowledge the privacy practices described in our “Privacy Policy” and agree to our site “Terms of Use”.
