PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THE WEBSITE AND THE SERVICES AVAILABLE ON THE WEBSITE.
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THE SITE AND THE SERVICES MADE ACCESSIBLE ON THE SITE. USING THE SITE AND THE SERVICES MADE AVAILABLE ON THE SITE SHALL INDICATE THAT YOU HAVE READ THESE TERMS AND HAVE DULY ACCEPTED THEM. IN CASE YOU DO NOT AGREE TO THE SAID TERMS ENLISTED HEREIN, YOU MUST REFRAIN FROM USING THIS SITE AND THE SERVICES MADE AVAILABLE ON THE SITE.
THIS SITE WWW.URGESTURE.COM AND THE SERVICES MADE AVAILABLE ON THE SITE IS RUN AND MAINTAINED BY URGESTURE TECHNOLOGY VENTURES PRIVATE LIMITED (“WE/OUR/US”). WE MAY CHANGE THESE TERMS FROM TIME TO TIME AND WE’LL LET YOU KNOW ABOUT ANY MATERIAL CHANGES, EITHER BY NOTIFYING YOU ON THE SITE OR BY SENDING YOU AN EMAIL. UNLESS WE MAKE CLEAR OTHERWISE, ACCESS TO OR CONTINUED USE OF THE SITE AND SERVICES LISTED ON THE SITE AFTER THE EFFECTIVE DATE OF THE REVISED TERMS CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS.
B. BINDING AGREEMENT
By using the Site and the services made available on the Site, you agree to be legally bound by these terms, which shall take effect immediately on your first use of the Site. This agreement is for an indefinite term and you understand and agree that you are bound by such terms till the time you access this Site.
‘Donor’ means anyone making a donation using this platform.
‘Donation(s)’ is the money paid or received from time to time as a result of a Campaign;
‘Campaign’ means any crowdfunding project which is published on the Site. The campaign will be published on the website by or on behalf of the campaign owner(s) once the said crowdfunding project is approved by us. The details pertaining to creating a campaign by the campaign owner(s) has been clearly explained in Clause I.
‘Campaign owner(s)’ shall refer to the NGO’s.
‘Content’ means any of the following: any content and any information relating to any campaign listed on the Site and any other content or information made available on this Site from time to time;
‘Crowdfunding’ refers to the process of raising money, via donation(s), for the campaign(s) listed on the Site.
‘Freezing period’ is the time limit where the needs listed by the NGO’s are frozen. These are bifurcated into Urgent needs and Regular needs.
‘NGO’ means a non-governmental organization. An NGO can either be a Trust, a Society, a Section 8 Company (erstwhile known as Section 25 Company under the Companies Act, 1956).
‘Target’ means the minimum amount which must be raised for a campaign in order for us to have authority to transfer the amount to the project. The amount will be at the discretion of the Company;
‘We’ ‘our’ and ‘us’ or refers to Urgesture Technology Ventures Private Limited, a company registred under the Companies Act 2013 having Corporate Identification Number (CIN) as U74999UP2020PTC130925 and having registered address as URGESTURE TECHNOLOGY VENTURES PRIVATE LIMITED, Flat No. D1002, Plot No. GH01B, Sector 143B, Aakriti Shantiniketan, Noida,Gautam Buddha Nagar, Uttar Pradesh- 201306; and
‘You/User’ refers to the person using the Site. It also includes Donors using the Site to donate to specific campaigns.
D. PRIVACY AND DATA PROTECTION
E. ABOUT URGESTURE TECHNOLOGY VENTURES PRIVATE LIMITED
We are an Indian donation based crowdfunding platform working in order to assist the NGO’s connect with donor(s) interested in supporting crowdfunding campaigns. All the campaigns published on our Site will donation based and will cater to a specific goal as listed by the NGO. Our prime goal is to help NGO’s raise sufficient funds (through campaigns) required to meet certain specific goals as set out by the NGO’s.
F. RESTRICTIONS ON USE
You may use this Site for purposes expressly permitted by this site. As a condition of your use of this Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these terms.
G. OBLIGATION OF A USER
not to use this website except for the purposes of creating a campaign or for making a donation to the a campaign or for volunteering and celebrating a special occasion with us;
not to use this website for any unlawful purpose or in any way which is unlawful;
not to use the Site in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
not to obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website.
not to create any content or post any material to this Site or provide any information which –
is false, misleading or inaccurate,
is fraudulent or criminal,
is obscene, offensive, defamatory or unlawful in any other way,
causes annoyance, inconvenience or anxiety,
is a political campaign, commercial solicitation, a chain letter, mass mailing or any form of "spam", junk mail or advertising which has not been authorised by us in writing,
is likely to interrupt, damage or impair in any way any access to this Site,
results in the introduction of any software virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful interfering with, damaging or destroying the proper function of this website or corrupting or destroying any content or other information of software code.
not to use this Site to imitate any individual or a person;
not to access or attempt to access this Site by any means except through the interface which is provided by us, unless you have been specifically allowed to do so in a separate agreement with us;
not to access or attempt to access this Site through any automated means including use of scripts or web crawlers and agree not to run any form of spam or auto-responder on this website.
not to use this Site in any way which infringes any patent, trade mark, copyright, trade secret, database right, other intellectual property right, right of confidence or other right of any other person or which breaks any law or breaches any contract. Additionally, you or any person authorized by you shall not co-brand this Site, frame this Site, and download any content from this Site without the express prior written permission of an authorized representative of urgesture.com. (Explanation: For purposes of these Terms, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site.)
We reserve the right to report any breach of the Terms to any relevant law enforcement authority and further reserve the right to disclose your identity to that authority.
H. ADDITIONAL OBLIGATION OF A USER
In consideration of use of the Site, you represent and confirm that you are of legal age to enter into a binding contract and you are not a person barred from using the Site and/or receiving the services under the laws of India or other applicable law.
To avail a service on the Site you should have and must continue to maintain at your sole cost: (a) all the necessary equipment necessary in order to access the Site; (b) own access to the World Wide Web.
You shall be responsible for accessing the campaigns and that access may involve internet service provider charges which are to be exclusively borne by you.
You also understand that the Site may include certain communications as service announcements and administrative messages. You acknowledge that the content is protected by intellectual property rights, including copyright. You may not copy, modify, rent, lease, loan, sell, distribute or create derivative works based on any content which does not originate from you (either in whole or in part) unless you have permission to do so from the owner of the intellectual property rights in that content.
Additionally, you are solely responsible for ensuring that everyone who accesses this Site through your password or account is aware of the Terms and complies with the Terms. You shall also be responsible for providing and configuring your information systems and devices in order to access and use this website, including for implementing anti-virus protection and firewalls.
You agree to cooperate with urgesture.com to prevent or remedy any unauthorized use.
I. CREATING A CAMPAIGN BY THE CAMPAIGN OWNER
To create a Campaign, campaign owners will have to create an account on the Site by entering the details such as their name, their type and registration number, copy of registration certificate, copy of PAN Card, City, State etc.
Thereafter, the campaign owners will have to separately submit a campaign proposal (‘proposal’) to us through the Site.
Upon submission of the proposal and the documents, the campaign owner will be notified via the registered email, telephone and/or SMS notification. It must be noted that we reserve our discretion to either accept or reject a proposal submitted to us.
Upon acceptance of the proposal and the relevant documents, the campaign owner will be notified of the acceptance via sending a notification to the registered email id and mobile number.
Thereafter, we will assist the campaign owner(s) in creating a campaign on the Site. The requirements, target, freezing period, duration, end date etc. of the campaign shall be mutually discussed and agreed between urgesture and the campaign owner.
Upon mutual agreement (in writing) with respect to above stated requirements, the campaign created by the campaign owner will be published and made visible on the Site for the purpose of crowdfunding.
Although, we may offer certain services to the campaign owners which includes, without limitation, facilitating with drafting campaign content, helping design the campaigns, nevertheless, the sole responsibility for the campaign and all related obligations (both legal and moral) shall lie with the campaign owner as the only responsible party.
It is to be noted that whenever a campaign owner creates a campaign to raise donation from donors, it realizes that it is entering into separate legal agreements with both URGESTURE and the donor, and will be subjected to certain rules in addition to the terms as specified herein. The rules have been stated in a separate written agreement between URGESTURE and the campaign owner.
J. TYPES OF CAMPAIGNS
The campaigns are divided into two categories i.e. “Regular” and “Urgent”. Depending upon their needs and requirements, the campaign owner(s) can opt for either. A detailed description of both the categories has been explained herein under-
a) Regular campaign
If the campaign owner opts for a ‘regular campaign’ then it may list upto 3 (three) requirements such as Medicine, Food, Operational cost, Rent, Electricity etc. for which the campaign owner wishes to gather funds via crowdfunding. Under the said campaign, the campaign owner will have to specify the target amount required by it in order to fulfill its needs.
The freezing period under the said campaign will be for 6 (six) months unless otherwise decided. The campaign owner will not be in any position to make any changes prior to the freezing period. Although, the campaign owner may request us to make the necessary changes, however, the discretion to make the requested changes shall lie entirely with us. After the passage of freezing period, the campaign owner will be at liberty to either to continue or discontinue the campaign.
However, it is to be noted that once the campaign reaches its end date, the campaign will automatically be removed from the Site. In case, the campaign owner seeks to extend the said campaign, it may request the company to extend the same. The discretion to extend the campaign will be at the discretion of the company.
b) Urgent campaign
The campaign owner(s) may, depending upon the urgency, select their 1 (one) need. The needs listed under the said category will ordinarily be frozen for a period of 60 (sixty) days. The campaign owner(s) and the company, with mutual consent (in writing), may reduce or extend the freezing period. It is made clear that the discretion to extend or reduce the frozen period under this category lies within the domain of the company and the company may either accept or reject the request of the campaign owner. It is clarified that an already existing campaign owner(s) can also raise a request from their dashboard in order to list their urgent campaign.
K. CONCLUSION OF A CAMPAIGN
The campaign, whether regular or urgent, shall conclude once it reaches it end date. After conclusion of the campaign, we, unless otherwise specified, will transfer the entire donation received by us, after deducing tax and other charges, to the campaign owner(s) bank account. Campaign owner(s) will be responsible for ensuring that the bank account details provided by them are accurate and up to date. Further, we may permit a concluded campaign to be designated as “Ongoing” at our sole discretion and we may further terminate the said “Ongoing” campaign without any notice to the campaign owner.
L. RIGHT TO WITHHOLD FUNDS
Disbursement of donation to a campaign owner(s) may be delayed, or withheld in their entirety, for a number of reasons including, but not limited to, refunds, chargeback disputes, fraud, violation of the Terms or any other policy, or any other situation where we determines at our sole discretion, that the donation(s) should not be disbursed. Donation (s) may also be used to reimburse us for any chargebacks and refunds incurred by us during and for the campaign.
M. LEGAL OBLIGATIONS OF CAMPAIGN OWNERS
As a campaign owner, you acknowledge that you are entering into a legal agreement with a donor when they make a donation towards your campaign, which includes the following obligations:
Immediately notify us and the donor(s) if there are any obstacle(s) or any delay(s) in receiving the donation(s).
Respond promptly and truthfully to all questions posed to the campaign owner(s) by the Donor(s).
Comply with all applicable laws and regulations in the use of donation(s) received through urgesture.com.
Since, the donation will likely be for a particular need, it is the obligation of the campaign owner(s) to use the said fund for that particular purpose/need. In case the campaign owner(s) decides to use the said donation for some other cause, the campaign owner(s) must notify us and the Donor.
Please remember that as a campaign owner, you are solely responsible for fulfilling the obligations of your campaign. If you are unable to perform on this, or any of your other legal obligations, you may be subject to legal action by Donor(s).
N. REGISTRATION AS A DONOR
To use services and functions made available on the Site, you will have to register with us by opening an account on the Site. The account can be opened by choosing a unique username and setting a unique password. In order to create an account you will need to enter your mobile number and email address for email verification. We highly recommend that you should not share your unique username and password with anyone.
It is submitted that although you may browse through the content available on the website but in case you wish to make a donation to a specific campaign, you will have to create an account with us. Creating an account will immediately grant you the access to make the donation(s) to any campaign(s).
It must be remembered, at all times, that the information provided and entered by you must be complete and accurate. You will be solely your responsible for all the activities carried out by you using your account. We will not be liable for the activities carried out by you. You must also remember that choosing username(s) which are offensive in nature, impersonates someone or violates someone(s) rights will lead to cancellation of your account.
We recommend that you complete your profile by uploading your PAN Card, Adhar Card, Passport or any other Govt. issued ID card in order to access the entire privileges available to you.
Apart from complying with the conditions mentioned in Clauses G & H, you are expressly prohibited from Spamming, Abusing personal information shared by other(s), Bypassing measures installed by us, trying to use unauthorized means to access data, password or other information belonging to us or other users on the Site, using fake ID to create an account. In case, we find you committing the above actions we will cancel your account and delete all details shared by you.
O. MAKING A DONATION TO A CAMPAIGN
Every Donor after creation of an account shall have access to making donation(s) to all the campaigns published on the website. The Donor, in its discretion, can choose any campaign and make the payment using the services of the payment service provider.
Any Donor who is a Non Resident Indian (NRI) and wishes to make a donation to any campaign in any currency other than Indian National Rupee will be able to donate a maximum amount of 600 (six hundred) USD to any campaign. It is however clarified that in order to remove the aforementioned payment limit, s/he will have to upload its PAN Card, Adhar Card, Passport or any other Govt. issued ID card on the Site. Thereafter once the necessary documents are verified, the limit imposed on making payments will be removed.
Note: Donations/contributions made to certain charitable institutions can be claimed as a deduction under Section 80G of the Income Tax Act. Donor discretion advised.
P. TAXES AND SERVICE FEES
It shall be the campaign owner(s) responsibility to determine if any taxes apply to the donations received through the campaigns. The campaign owners will be responsible to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
Although there is no fees for creating an account on the site however, a service fee is charged from the campaign owner(s). The service fee is charged from a portion of the donation raised by them. The percentage charged as service fees will be based on a separate written mutual agreement between us and the campaign owner.
Q. REFUND AND CANCELLATION POLICY.
The Donor (s) can initiate a request seeking refund of amount donated by it. However, the Donor(s) acknowledges that the amount can only be refunded if the said amount donated by the Donor(s) has not been transferred to the campaign owner(s). Upon request and upon fulfilling the above criteria the amount will be refunded to the Donor(s) within 21 (twenty one) days. The refund will be initiated to the Donor using the same payment method used by the Donor(s) to make the donation(s) after deducting the transfer charges.
We do not have a cancellation policy.
R. INTELLECTUAL PROPERTY RIGHTS
You understand and admit that we are the owner of all intellectual property rights in the site including any and all databases that hold relevant information about the Site. You are aware that the said database is protected by laws governing the copyright and/or trademark regime in India.
You further acknowledge that you may only use any such material available on the Site in line with the laws applicable. If you do not use the materials in line with the laws applicable herein, we reserve all our rights conferred to us by law to remedy any such breach.
Additionally, you may not remove or alter, or cause to be removed or alter, any copyright, trademark, trade name, service mark, or any other data available on the Site. Modification or use of the content except as expressly provided in these Terms will violate our intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.
T. LINKS TO THIRD-PARTY WEBSITES
We use certain trusted third parties for the purpose of convenience providing high quality content, payment and subscription services, improve, promote and protect our services. We may use third party services to help us provide customer support, manage our advertisement display, data storage assistance and payment gateways.
You represent and warrant that you have read and have agreed to be bound by all applicable Terms and policies for any third-party websites. Links to such sites are provided as a service to users and are not sponsored by or affiliated with ugesture.com. Links are to be accessed at your risk, and we make no representations or warranties about the content, completeness or accuracy of the sites linked to or from this site. You shall expressly hold us harmless from any and all liability related to your use of any third-party website.
From time to time, the website will legally utilize intellectual property owned by third parties related to our services. The rights in any third-party trademarks or host copyrighted works on this Website are retained by their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you.
Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Copyright by you. The misuse of the Trademark or Copyrighted works displayed in this site, or any other content on the site, is strictly prohibited and may expose you to liability.
You agree to defend, indemnify and hold harmless the company, its subsidiaries and affiliated companies, and their officers, directors, employees, partners, contractors, representatives, agents, and third party providers from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable legal fees and costs) and all amounts paid in settlement arising from or relating to, breach of these Terms or violation of any laws. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter for which you have agreed to indemnify us, and you agree to assist and cooperate with us as reasonably required in the defence or settlement of any such matters.
We do not offer investment advice or analysis, nor do we endorse or recommend investments in any company or the suitability of an investment for any particular investor. We are not financial or investment advisor and we do not provide any services requiring such registration. Any donation on urgesture.com, by an individual/donor, should not be interpreted as an investment in any form whatsoever.
W. ANTI MONEY LAUNDERING (AML) POLICY
As a company we strive to ensure that we maintain the best ethical practices and comply with all governing laws. In order to ensure that our platform i.e. urgesture.com is not used for funding any unlawful and illegal activity we have prepared our Anti-Money Laundering (AML) guidelines. These guidelines are in sync with the dated 01.07.2014 [RPCD.RRB.RCB.AML.BC.No.02/07.51.018/2014-15] issued by Reserve Bank of India. The guidelines include, but are not limited to, the following salient conditions:
1. Every campaign owner has to verify their identity in terms of the Know Your Customer (KYC) guidelines. This includes verification of registered mobile number via a One Time Password (OTP), verification of identification documents viz. Permanent Account Number, Aadhar Card, Passport, Driving License etc. The list of such registered documents will be updated on the Site, at our sole discretion, from time to time.
2. Every Donor has to verify his/her identity per the Know Your Customer (KYC) in the guidelines. This includes verification of registered mobile number via a One Time Password (OTP), verification of identification documents viz. Permanent Account Number, Aadhar Card, Passport, Driving License etc. The list of such registered documents will be updated on the Site, at our sole discretion, from time to time.
3. The verification is important in order to withdraw funds from urgesture.com, and may be asked by us, at our discretion, during the course of a campaign. Failure to comply may result in cancellation of a campaign, and the funds raised may be returned to donors in such a scenario.
4. Campaign owner(s) will be responsible for collecting and remitting any taxes on donations, and/or any taxes due, in connection with campaign owner(s).
5. Campaign owner(s) must not use a false email address to self-fund, or contribute to, their own campaigns.
6. Tax authorities may classify funds raised on the campaigns as taxable income to the campaign owner who will receive funds directly from the applicable campaign(s). We will ask for the personal account number / tax identification number (PAN) of campaign owners so that we may report taxable income to the relevant authorities.
7. For Donor(s), only standard channels of payment - verified credit or debit cards, netbanking, bank transfers, cheque, prepaid instruments such as wallets, Unified Payment Interface or cash (upto limits allowed by the RBI) - will be allowed. In case of cash payments, all payments above INR 24,999 have to be furnished with the Permanent Account Number of the Donor(s). Cash payments are accepted for Indian residents only.
8. Campaign owner(s) should comply with the foreign exchange rules as explained by the Foreign Exchange Management Act, 1999. Any failure to do so may result in cancellation of the campaign and refund of donations to respective Donor(s). We reserve our right to update the AML policies from time to time.
X. FORCE MAJEURE
You acknowledge that we shall not be liable for any failure or delay in performance of its obligations under this Agreement i.e. the Terms arising out of or caused, directly or indirectly, by circumstances beyond our reasonable control, including, but not limited to, act(s) of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; pandemics; riots. A Party claiming the benefit of this provision shall, as soon as reasonably practicable after the occurrence of any such event, (a) provide written notice to the other Party of the nature and extent of any such Force Majeure condition; and (b) use commercially reasonable efforts to remove any such causes and resume performance as specified under this Agreement as soon as practicable.
Y. DISPUTE RESOLUTION
If any dispute(s), controversy(s) or claim(s) arises out of or in connection with these Terms, in which we are a party, the disputing parties shall use all reasonable endeavours to negotiate with a view to resolve the dispute(s) controversy(s) or claim(s) amicably. If a party gives the other party notice that a controversy(s) or claim(s) has arisen and the parties are unable to resolve the disputes in an amicable manner within 30 (thirty) days of service of the notice of dispute (or such longer period as the parties may mutually agree), then the controversy(s) or claim(s) shall be referred to arbitration in accordance with the below terms. Subject to the above clause, all Disputes or differences regarding this Agreement shall be submitted to final and binding arbitration. In the event of such arbitration:
1. The arbitration shall be in accordance with the rules of the Arbitration and Conciliation Act, 1996, in force at the relevant time (which is deemed to be incorporated into this Agreement by reference);
2. All proceedings of such arbitration shall be in the English language. The venue and seat of the arbitration shall be in Delhi and the courts of Delhi shall have exclusive jurisdiction over the arbitration proceedings;
3. The Law governing the conduct of arbitration and the arbitration proceedings shall governed by the Arbitration and Conciliation Act, 1996, in force at the relevant time.
4. The arbitration shall be conducted before a sole arbitrator appointed by us;
5. Arbitration awards shall be final and binding on the parties; and
6. The existence or subsistence of a dispute between the parties, or the commencement or continuation of arbitration proceedings, shall not, in any manner, prevent or postpone the performance of those obligations of the parties under the Agreement which are not in dispute, and the arbitrators shall give due consideration to such performance, if any, in making a final award.
Nothing shall preclude a party from seeking interim or permanent equitable or injunctive relief, or both. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the parties to pursue any other remedy or relief through the arbitration.
Z. GOVERNING LAW
These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Delhi.