1. REVISION/MODIFICATION OF THIS TERMS OF US
These terms and conditions apply in addition to any other terms and conditions that the Company or its affiliated organizations may ask you to sign at the time of making the contribution. The Company may ask you to sign specific terms and conditions at different point of activities on the website.
2. ELIGIBILITY TO USE THE SITE
Once you successfully register on www.rahmanfoundation.in or perform any activity which includes but not limited to browsing site content, filling forms, cause creation, payments or usage of any other native or third party services linked to this site, you :
3. PASSWORD AND ACCOUNT SECURITY
You are solely responsible for maintaining the confidentiality of your password associated with your account. Accordingly, you understand and agree that you are solely responsible for any and all activities that occur under your account.
You agree to:
4. External Links
This Agreement applies only to the Site and the Services. In using the Services, you may be exposed to content and information, for exRFle, data, text, files, information, usernames, graphics, images, photographs, profiles, audio, video, messages, services or links, from other users or third parties such as producers (“Third-Party Content”), either at the Site or through links to third-party websites or mobile applications. Because we do not review, monitor, operate or control any such Third-Party Content, you acknowledge and agree that we are not responsible for the availability of such websites or mobile applications and do not endorse and are not responsible or liable, directly or indirectly, for any content, advertising, products, services or other materials on or available from such websites or mobile applications. We make no guarantees, representations or warranties as to, and shall have no liability for, any content delivered by any third party, including, without limitation, the accuracy or subject matter of any content, or the use of any personal information you provide to any such website. You acknowledge and agree that use of such links is entirely at your own risk. We may discontinue links to any other website or mobile applications at any time and for any reason.
We reserve the right to terminate your account, and your use of the Site at any time, for any reason whatsoever at our sole and absolute discretion.
5. Registration with Social Media or any third-party accounts:
By choosing the social media login, you agree to give the Site, access to your Social Media account’s profile pictures and email id. You also allow our Site to create your account and use your profile picture as the profile picture on the Site account. The Site does not publish any content of your social media profile without your permission.
6. Prohibited Activities
By accessing and using the Site, you agree that you will not use the Site and the Service for any unlawful or prohibited purpose. You may not attempt, through any means, to gain unauthorized access to any part of the Site or the Service, other account, computer system or network connected to our server. RF reserves the right, in its sole and absolute discretion, to monitor any and all use of the Site and remove any User Content at any time.
Without limiting the foregoing, you will not use the Site and the Services to:
7. FURTHER REPRESENTATION
You understand and agree that, if asked by RF , you will be required to provide supplementary information about yourself which include but not limited to your identity, Bank Account details, address, certifications or any kind of relevant documents as and when required . You authorize RF to conduct background inquiries, due diligence as and when required.
Furthermore, you agree that your use of the Service and reliance upon any of the materials available at the Site is solely at your own risk. While we take reasonable efforts to review Causes for compliance with the eligibility requirements, we do not verify, endorse or control any of the information on the Site (outside of official documentation). You also agree that RF will not be responsible for any kind of financial transaction between users of this site or any parties mentioned on the site by any user except the intended use of the site as described on RF.
You agree to defend, indemnify and hold harmless RF , our subsidiaries and affiliated companies, and their officers, employees, directors, contractors and agents, from and against any and all claims, causes of actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys’ fees) and all amounts paid in settlement arising out of, connected with, or accruing from:
RF may assume the exclusive defence and control of any matter for which you have agreed to indemnify RF and you agree to assist and cooperate with RF in the defence or settlement of any such matters.
In no event shall RF be liable for any indirect, special, incidental, consequential (including loss of data or information) or any other damages based on contract, tort (including negligence), indemnity, strict liability or otherwise.
9. INTELLECTUAL PROPERTY
The Site contains trademarks, service marks and domain names owned by RF. Unless specifically noted that such trademarks, service marks or domain names belong to a third party, RF owns all trademarks, service marks and domain names displayed on the Site, whether registered or unregistered, including but not limited to, the name RAHMAN FOUNDATION(RF) , our logo, our design patterns and our other graphics, the website trade dress, and other indicia of origin of RF products and services. The use of our intellectual property is strictly prohibited, unless we have granted our prior written consent.
The content of the Site, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and any other works of authorship, both individually and as they are compiled on the Site (the “Content”), and software used on this Site, are the property of RF or third parties, and are protected by copyright and foreign intellectual property and related laws, rules and regulations. The Content includes both material owned and controlled by RF or third parties, licensed to RF, including User Content (as described below).
You must not:
Any use of the Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws. You agree to abide by all copyright notices, information, or restrictions contained in or attached to any of the Content.
10. CONSENT TO USE DATA
You logging into the website, that your data maybe collected, processed and use of technical data and related information (which for the avoidance of doubt are not user specific data), including but not limited to technical information. User specific data will only be collected, processed and used in accordance with any applicable law with respect to personal integrity.
The Platform generates and stores data and addresses of Users in our servers, and the same is encrypted / password protected at all times. It shall be stored in our database for a period of five (5) years from the date the User accepts our Terms and Conditions and thereafter after the said period it shall be destroyed from our database entirely.
RF provides a fundraising platform that allows individuals or organizations to raise money. We do not endorse any Causes, members, individuals, or organizations, and RF is not a party to any agreements between or among our users or third parties. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user’s use of the Services.
USERS ARE SOLELY RESPONSIBLE FOR ASSESSING THE VALUE AND APPROPRIATENESS OF CONTRIBUTING TO ANY FUND-RAISED. WE ENCOURAGE USERS TO USE THEIR DISCRETION WHEN SUPPORTING ANY FUND-RAISED.
Though we have no obligation to verify the accuracy of crowd-fund and the use of Donations, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe otherwise, please alert us of this potential issue by emailing us at zakat@RFindia.org
Users must bear any and all tax liabilities on the funds raised through the Platform. These taxes may include, but are not limited to, income tax and GST applicable on the funds raised. The Site is not liable to provide any tax or legal advice to Cause raisers. Information provided in FAQs are only a guideline and subject to change without notice.
Payment processing services for this are provided by payment provider(s) and are subject to their Account Agreement which includes the Service Agreement. Where applicable, the payment provider(s) may facilitate money transmission services. By agreeing to these Terms, you agree to be bound by their Connected Account Agreement, Services Agreement, and any other Terms and Condition introduced by them that may be modified and/or amended from time to time. As a condition of RF enabling payment processing services through payment provider (s), you agree at all material times to provide us accurate and complete information about you and you irrevocably authorize RF to share with payment provider(s) this information and transaction information related to the payment processing services provided by payment provider(s). RF is not responsible for the performance of payment provider(s) at any given point of time.
RF and its associated NGOs will endeavour to the best of its ability to conduct background checks and due diligence on Beneficiaries and if circumstances warrant it, on Fundraisers as well. However, as a Member you are solely responsible for asking questions and conducting your own background check to the extent you feel is necessary before you make a Donation.
You agree and understand that all Donations are made voluntarily and at your sole discretion and risk. RF doesn’t guarantee that Donations will be used as promised, that the Cause Owner will deliver what was promised or that the Cause/Fundraising Page will achieve its goals and/or is not fraudulent in nature and/or created for illegal activity. RF does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Cause, or Donation whatsoever.
We will use reasonable efforts to make our Services available to you without any interruption. However, as our Services are also dependent on other third-party service providers, we do not guarantee that our Services will always be available or uninterrupted, especially when our third-party service provider is the Cause of the interruption. As such, we will not be liable to you if for any reason our Services are unavailable at any given time. Unless specified or agreed otherwise, we also reserve the right to suspend, withdraw, discontinue or change any part of our Services without prior notice.
You are responsible for making all arrangements necessary for you to have access to our Services.
You are also responsible for ensuring that all persons who access our Services through your internet connection or account are aware of these Terms and Conditions that they comply with them at all times.
RAHMAN FOUNDATION (RF) shall be obliged to provide technical support services via firstname.lastname@example.org, pursuant to this agreement with respect to problems or issues encountered by the End User, in the form but not limited to email / help desk support and live chat.
User also agrees to :
ALL INFORMATION AVAILABLE AT OUR SITE IS PROVIDED ON “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE AND THE SERVICES IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE SERVICES YOU OBTAIN THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS AND REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, WILL BE OF A CERTAIN QUALITY, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE, ARE IMMUNE TO HACKER ACTIVITY, ELECTRONIC OR NON-ELECTRONIC TRFERING, COMPUTER CRIME OR THEFT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE AND SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU (AND NOT WE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
IN NO EVENT SHALL RAHMAN FOUNDATION(RF) (FOR PURPOSES OF THIS SECTION, RF OR “WE” INCLUDES OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, REPRESENTATIVES OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SITE OR THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE AND THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OF INFORMATION THROUGH THE SITE, INJURY TO PERSONAL PROPERTY, BODILY INJURY OR EMOTIONAL DISTRESS, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY AGREE THAT WE WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR THE SERVICES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
The Site is provided on an 'As Is' basis and to the maximum extent permitted by applicable law and hereby expressly disclaims and excludes any and all warranties for the Site, whether written or oral, expressed or implied warranty of any kind, including but not limited to any warranties of performance, merchantability or fitness for a particular use or purpose. RF does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Site. RF makes no warranties with respect to any harm that may be Cause by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer malware program.
We do not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations, including laws regulating the export of data. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion. Accessing the Site is prohibited from territories where the Site’s Content is illegal.
RF may, in our sole discretion and without liability to you or to any third party, with or without Cause, with or without notice, suspend or discontinue, temporarily or permanently, the Site, the and the Services (or any part thereof) and/or deactivate or cancel your account or Cause. You may also cancel your account at any time by sending us an email at email@example.com Termination may result in the forfeiture and destruction of all information associated with your account. You may terminate your account by following the instructions on the Service, but we may retain your account information after you terminate in accordance with our regulatory, accounting, and legal compliance procedures.
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE OR THE SERVICES.
All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Nothing contained in this Agreement or the Service constitutes legal advice. If you have any questions regarding your legal rights and legal obligations, you should consult with your attorney.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Contract. All previous agreements, discussions, presentations, warranties, and conditions are combined in this document. There are no warranties, representations, conditions, or agreements, express or implied, between the parties, except those explicitly stated in this Agreement. This Agreement may be changed or amended only by a written document duly executed by the parties.
24.2 English Language
24.3 Update of Content:
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.
This Agreement shall be governed by and construed in accordance with the laws of India. In the event of a dispute, the courts of India shall have absolute and exclusive jurisdiction.
If any term or provision of this Agreement where the User originates from is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, that term or provision will be deemed modified to the extent necessary to render such term or provision enforceable, and the terms and conditions hereunder will be construed and enforced accordingly, preserving to the fullest permissible extent the intent of this Agreement.
Assignment; Waiver. You may not transfer, assign or delegate any of your rights, obligations or privileges hereunder; we may do so at any time. Any assignment of the foregoing other than as provided for in this section shall be null and void. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.
24.5 Your Comments and Concerns
This Website is operated by Rahman Foundation (RF) 26, Station road, Vikas Deep Lucknow 226001, India. All notices should be sent to: firstname.lastname@example.org via email. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: email@example.com
Note that questions, comments, suggestions, ideas, feedback or other information shared on this Website or to use (collectively “Submissions”) are not confidential and RF is entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
This Agreement, including any references mentioned and incorporated herein, together with such changes as may be subsequently made by us, constitutes the complete agreement between you and us, our subsidiaries, affiliated companies, licensors, and those third parties assisting in the operation of the Site with respect to the subject matter of this Agreement and supersedes all prior agreements and understandings, written or oral. This Agreement may not be amended by the user. This Agreement supersedes any previous quotations, correspondence, or other communications, written or oral, between you and us.
Terms and conditions for Donors or Contributors (Those Who Want To Give Funds)
By funding a cause, I agree to provide my name, email address, phone number, billing, and shipping addresses. I also agree to provide the authorized online payment gateway of the Site, necessary & required details of their credit and debit cards for making an online contribution, or the accurate address for cash/cheque pick up to the Site’s offline collection vendors. I agree to have enough funds or credit during making a donation for a cause.
I authorize the Site to provide cause creators their name and contact details for the purpose of delivering rewards and connecting regarding queries or updates regarding the funded project.
Additionally, I also authorize the Site to publish my name and image (if logged in through Social Media) on the ‘Donors section of the project that is funded by me. However, if I choose to be “anonymous”, then none of my details shall be made public by the Site. Furthermore, by providing the Site my contact details, I agree to receive regular updates about the future crowdfunding campaigns on the Site through fortnightly newsletters. The Site can always choose to deactivate reception of the Site’s newsletter and other notifications.
Terms and Conditions for Cause Creators/Fund Raisers:
Www.rahmanfoundation.in only enables the flow of funds from funders to cause creators and is not the final recipient of funds raised on its platform, unless running a proprietary crowdfunding campaign. The site deducts its transaction fees (including service tax) and transfers the net amount.
While cause creators have full project ownership and the right to complete it, they are accountable and obliged to finish the project by the deadline they have set. Cause creators must also keep the funders updated about the work in progress in case of delays to avoid funder dissatisfaction. The Company or the Site does not make any claims or guarantees on behalf of the cause creators regarding the completion of the project and usage of the funds raised solely for the purpose of the project. Similarly, the Company or the site does not take any responsibility for making sure that the project for which the funds are raised through its Site is completed and made available to the donors. The donors are free to get in touch with the cause creator directly and solve any dispute that arises regarding the cause or the project.
Cause creators must include Www.rahmanfoundation.in logo branding on all projects and/or cause related marketing collaterals, whether online or offline (e.g., online banners, offline flyers) as per Www.rahmanfoundation.in’s brand and logo guidelines. Www.rahmanfoundation.in should be credited as the project’s “Online Crowdfunding Partner” at cause or project related offline events. Also successful cRFaigners are obliged to attend and/or participate in Www.rahmanfoundation.in’s branding & marketing activities such as events, ad videos, interviews, etc.
Site owner reserves the right to reject, cancel, interrupt, remove, or suspend a cRFaign at any time and for any reason. Site owner is not liable for any damages as a result of any of those actions. Site owner’s policy is not to comment on the reasons for any of those actions.
Site owner reserves the right to make changes in its technology platform or crowdfunding services at anytime as it sees fit with due notification to users. Www.rahmanfoundation.in will not tailor it’s offering to various cause creators or donors. Users are requested to keep themselves updated with all changes on platform and policies by regularly checking its FAQs or with the Rahman Foundation (RF) directly.