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 Platform is owned by Aidbees Corporate Private Limited, a company incorporated under the Companies Act, 2013 having its registered office at C-503, Floor-5, Plot-833 A, C Wing, Falcon, Castle, Senapati Bapat Marg, Elphinstone, Mumbai, Mumbai City, Maharashtra, India, 400013 ("Aidbees”).
Aidbees is the philanthropy partner to the international 10 kilometer marathon in the city of Bengaluru organized by Procam International Pvt. Ltd. ("Procam”) usually in the month of May each year, presently called as the ‘TCS World 10K Bengaluru’ ("Event”). Platform offers payment gateways to facilitate transaction of donations by participants of the Event to various NGO / Civil Society Organisations registered with the Platform ("Organizations”).
1. SUMMARY OF SERVICE
1.1 Aidbees being official Philanthropic Partner of Procam for the Event is facilitating participants of the Event to make online donations to various Organizations ("Donations”). Any person or corporate or association who makes Donations to the Organizations through the Platform shall be referred to as "Donors”.
1.2 Every participant of the Event who is desirous of making Donations on the Platform is required to register itself with the Platform and complete requisite formalities ("User").
1.3 Once registered with the Platform, the Users are entitled to make voluntary Donations to any Organization from the ones registered on the Platfrom.
1.4 Users understand, accept and agree that the payment facility provided by Aidbees through its Platform is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through, collection and remittance facility for the transactions on the Platform using the existing authorized banking payment gateway networks and settlement service providers. Further, by providing payment facility, Aidbees is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
1.5 Aidbee is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, mental trauma, damages etc caused to the User in any manner whatsoever or for any reason whatsoever in connection to the Donations, Payment Mechanism and/or the Event.
1.6 All information about Organization which is published on the Platform is provided by the Organization itself to Aidbees. Aidbees does not verify the information and content published on the Platform supplied by Organizations and cannot be held liable for authenticity of the same. Aidbees assume no responsibility to verify whether the Donations are used by Organizations in accordance with any applicable laws or for the purposes represented by the Organization on the Platform, and such responsibility rests solely with the Organizations.
1.7 Any material downloaded or otherwise obtained through the use of the Platform is accessed at Users own discretion and risk, and User will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
2.1 User may have restricted access to the contents on the Platform without registering on the Platform. However, User shall not be allowed to make donations and contributions without registering on the Platform.
2.2 The Platform may also allow user to use your Facebook / Google profile as login preference and use their Facebook profile picture as the profile picture of their account. By choosing the Facebook / Google login, the User agrees to give the Platform, access to their Facebook / Google account's profile pictures, email id and other details. The Platform does not publish any content on their Facebook profiles without permission of the User.
2.3 The User ID and Password so created by the User upon registration shall be non-transferable. User hereby undertakes to keep the User Id and password confidential.
(i) Is the name of another person; or (ii) Is subject to any rights of another person, without appropriate authorization; or (iii) Is offensive, vulgar, or obscene; or (iv) Is in violation of any applicable law or contractual obligation
2.5 Aidbees reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name etc. Users are solely responsible for activity that occurs on his account and shall be responsible for maintaining the confidentiality of password for the Platform. User shall never use another User account without the other User's expressed permission. You will immediately notify Aidbees in writing of any unauthorized use of your account, or other known account-related security breach.
2.7 User also understands and agree that though he may delete his account or some information from your account, the same may still appear in some online searches. Aidbees and Platform has no control over the search results that show up in such third-party engines or websites.
2.8 Users should use the Platform only if they are legally eligible to enter into contracts under the Indian laws. If users are under 18 years of age, they may use the Platform only with consent of a parent or legal guardian who agrees to be bound by these Terms. In case any minor is using the Platform and doing transaction on the same, it would be presumed that same is being done with the express consent of his parents / guardian. Further any transaction done through the account of a minor shall be presumed to be done by his parents/ legal guardian.
2.10 Aidbees reserves the right, in its sole discretion, to refuse registration or cancel registration at any time without assigning any reason for the same.
2.11 User is responsible for maintaining the confidentiality of username and password as well as for all activities that occur under your username and password. Aidbees shall not be responsible for the loss of users password. While the Platform’s automated engines may assist user in recollection or retrieval of your password, password retrieval is not guaranteed. Further Aidbees shall not be responsible for any unauthorised use of the account of User.
2.12 If any User provides any information that is untrue, inaccurate, not current or incomplete or Aidbees has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms, Aidbees has the right to indefinitely suspend or terminate such users account and refuse to provide such user with access to the Platform.
2.13 User should not create more than one personal profile. If User has created more than one login, the Aidbees reserves the right to delete or disable such additional, or all accounts, at its sole discretion.
2.14 The user profile, user ID and password created by User is personal, exclusive, non-transferable and non-assignable.
3. CONTENTS OF THE PLATFORM
3.1 The content regarding any Organization published on the Platform is provided by the said Organization itself to Aidbees. The service and content provided on the platform are on "as is” and "as available” basis. The use of the platform is at your sole risk.
3.2 The entire responsibility of the contents provided by the Organization to Aidbees for the Platform is that of the said Organization which is solely responsible for any false, misleading, incorrect, illegal, unauthorised or prohibited content it might contain.
3.3 Aidbees cannot practically verify, validate or authenticate the contents provided by Organization and is in no way responsible for correctness or legality of the same.
3.4 The Organization whose contents have been published on the Platform shall be solely liable to for any legal action initiated with regard to the content provided by it for the Platform. Aidbees is not making any representations regarding authenticity of such information provided by the Organization.
4. TRANSACTIONS AND PAYMENTS
4.1 Aidbees charges Platform Charges from the Organizations for the services being provided by Aidbees from every Donation received by the Organization through the Platform in accordance with the terms of the agreement executed between Aidbees and such Organization ("Platform Charges”). User agrees that such Platform Charges shall be retained and deducted by Aidbees from the Donations given by the User.
4.2 Further, charges payable to the payment gateway service provider ("Payment Gateway Charges”) shall be deducted from the Donations given by the User. The said Payment Gateway Charges shall be credited to the account of the payment gateway service provider.
4.3 Taxes as applicable on the Platform Charges, Payment Gateway Charges or any other taxes shall also be deducted from the Donations given by the User.
4.4 All Donations made to the Organization on the Platform by the Donors will be credited to the bank account maintained by Aidbees specifically for the purposes of collecting Donations from the Event. At the end of the Event, all Donations received by each Organization shall be transferred to them after deduction of the Platform Charges (to be paid to Aidbees), Payment Gateway Charges (to be paid to the payment gateways service provider), and taxes (as applicable).
4.5 Any certificate for purposes of taxation or otherwise issued by the Organization shall be only for the amount finally received by the Organization after deduction of Platform Charges, Payment Gateway Charges and applicable taxes.
4.6 Aidbees is not charging any money from the Organization for publishing their content on the Platform and has not made any assurance pertaining to minimum Donation which the Organizations might receive due to publication of their content on the Platform.
4.7 User hereby agrees and confirm that donation to any particular Organization will be eligible for tax deduction benefits only if the said Organization has a valid and subsisting registration under Section 80G of The Income Tax Act, 1961. All tax certificates, particularly those issued under Section 80G of The Income Tax Act, 1961 shall be issued directly by the Organization and shall be sole responsibility of the Organization. Aidbees shall make best endeavours to get the said certificate issued from the Organization, however shall not be responsible for the same.
4.8 Aidbees does not offer the Platform to users for investing in a project for the purpose of equity, loan/debt, or profit sharing.
4.9 All foreign contributions or donations shall be required to be made in strict compliance with applicable Indian laws including but not limited to Foreign Contribution Regulation Act, 1976. The compliance of the laws shall be that of the Donors and the recipient Organizations and not that of Aidbees.
4.10 Payment Details
By making Donation of the Platform, the Users agree to provide their name, email address, phone number, PAN Card, Aadhar Card, billing and shipping addresses. They also agree to provide the authorized online payment gateway of the Platform, necessary & required details of their credit / debit cards / account details for making an online contribution. Users agree to have sufficient funds or credit during making a donation / contribution. Users are informed that their credit and debit card related details are not provided to the Platform or Aidbees by the online payment gateway & remain confidential. Aidbees shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction for any reason whatsoever.
If any stolen debit or credit card is used to make payment, the Aidbees shall have the right to pursue criminal charges against the user making the payment.
5.1 All Donations made through the Platform shall be strictly non-refundable. All Donations and payments are final and cannot be refunded.
5.2 The user shall have to contact the recipient Organization directly without any recourse to Aidbees for refund of the donation/ contributions or any other payment made and such Organization shall deal with the request of refund directly at its sole discretion and policy.
5.3 The Platform or Aidbees shall not have any liability for refund in any circumstances. Even if the recipient Organization decides to refund the donations / contribution, the Platform fee charged by Aidbees and Payment Gateway charges shall still be non-refundable.
6.1 Aidbees does not make any representation or give any assurances on behalf of the Organizations. There is no accountability of Aidbess for conduct or act of the Organizations. It is therefore highly recommended that a User should make a Donation only if the user personally knows and trust the Organization and has done its own due diligence. Aidbees and the Platform shall not be held responsible for any acts of the Organization. Further Aidbees shall not be responsible for manner in which the donation is utilized by the Organization and Aidbees makes not such representation or guarantee regarding the use of donations by the recipient Organization. Any payment / donation made by the User through the platform shall be at his own risk.
6.2 Ideally, Donors and Contributors should not contribute to any Organization unless they fully understand and trust the cause presented and has verified the information published on the Platform independently.
6.3 Aidbees shall not have any role or control in the manner in which the Donation through Platform are utilized by the Organization.
6.4 Any liability whether civil or criminal, arising due to utilization of the Donation or Contributions by the Organization shall be exclusively of the said Organization. Aidbees shall not have any knowledge or control over the affairs of the Organization or regarding the utilization of the Donations so received.
6.5 The Platform only offers payment gateways to facilitate transaction of donations between User and Organizations.
7. THIRD PARTY SITES
7.1 The Platform may permit Organizations and users to link to other websites or resources on the Internet, and other websites or resources may contain links to the Platform. When you access third-party websites, you do so at your own risk. Those other websites are not under the control of Aidbees or Platform, and you acknowledge that Aidbees is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another web Platform of any link to the Platform does not imply endorsement by or affiliation with Aidbees or Platform.
8. DISPUTE BETWEEN ORGANIZATIONS AND USERS
8.1 The Platform or Aidbees is under no obligation to become involved in disputes between any Users, or between Users and any third party or Organizations arising in connection with the use of the Platform. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with contents of the Organization on the Platform. You hereby unconditionally release the Platform and Aidbees, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the services.
9.1 No User or person shall copy or utilise, in any manner, the questionnaire(s), responses, designs, content or any other data generated in consultation with any Organization, without the prior written consent of the Aidbees.
9.2 No person shall, unless Aidbees, its applicable affiliate, and/or authorised representative give written permission, sell, license, rent, modify, print, collect, copy, reproduce, download, upload, transmit, disclose, distribute, disseminate, publicly display, publicly perform, publish, edit, adapt, electronically extract or scrub from any content or materials (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories) or otherwise transfer any of the content to any third person (including, without limitation, others in your company or organization).
10. GENERAL TERMS AND CONDITION
(i) Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract; (ii) User knows is false, misleading, or inaccurate; (iii) Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy; (iv) Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; (v) Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Aidbees or any third party; or (vi) Impersonates any person or entity, including any employee or representative of Aidbees.
11. WARRANTY DISCLAIMER
11.1 Aidbees has no special relationship with or fiduciary duty to Users.
11.2 Users acknowledge that Aidbees has no duty to take any action regarding any of the following: which Users gain access to the Platform; what content Users access through the Platform; what effects the content of the Platform may have on Users; how Users may interpret or use the content; or what actions Users may take as a result of having been exposed to the content.
11.3 No advice or information, whether oral or written, obtained by User from Aidbees shall create any warranty unless expressly stated herein.
11.4 Aidbees cannot guarantee the authenticity of any data or information that Organizations provide about themselves or their campaigns and projects.
11.5 You release Aidbees from all liability for User having acquired or not acquired content through the Platform.
11.6 The Platform may contain, or direct user to websites containing, information that some people may find offensive or inappropriate.
11.7 Aidbees makes no representations concerning any content on the Platfrom, and Aidbees is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Platfrom. Aidbees does not guarantee that any content will be made available through the Platfrom. Aidbees has no obligation to monitor the service or content.
11.8 Aidbees reserves the right to, at any time, for any reason, and without notice cancel, reject, interrupt, remove, or suspend and content published on the Platfrom and remove, edit, or modify any content, including, but not limited to and remove or block any user and his submissions.
11.9 Aidbees reserves the right not to comment on the reasons for any of these actions.
12. CONTENT AND LICENSE
12.1 User agree that the Platform contains content provided by Aidbees, its partners, Organizations and Users and that the content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. User shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any content accessed through the Platform. Aidbees grants to each User of the Platform a worldwide, non-exclusive, non-sub-licensable and non-transferable license to use and reproduce the content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any content for other than personal, non-commercial use is prohibited without prior written permission from Aidbees, or from the copyright holder. User shall not sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third-party right.
13.1 Notwithstanding anything herein, Users of the Platform, will not hold Aidbees or any of its directors, employees, agents, partners, vendors, suppliers responsible for any act or conduct of the Organizations.
13.2 The Users will also not hold Aidbees or any of its directors, employees, agents, partners, vendors, suppliers, or content providers responsible for any unforeseen technical glitches such as but not limited to Platform down for maintenance, server errors, speed of website download, any viruses in the Platform etc., including but not limited to such technical glitches affecting transaction activity or payment being made by users on the Platform.
14. LIMITATION OF LIABILITY
14.1 In no event shall Aidbees, or its directors, employees, agents, partners, vendors, suppliers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service:
a) for any lost profits, data loss, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, however arising and b) or any bugs, viruses, trojan horses, or the like (regardless of the source of origination).
14.2 Aidbees shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Aidbees's reasonable control, including, without limitation, third party intervention, change in law or economic circumstances, mechanical, electronic, or communications failure or degradation. In no event will the Aidbees’s total liability to you for all damages, losses or causes of action exceed Rs. 1000 (Rupees One Thousand Only).
15. DISPUTE RESOLUTION
a) All proceedings of such arbitration shall be in the English language. b) The place / seat of the arbitration shall be Mumbai, Maharashtra and the courts of Mumbai, Maharashtra shall have exclusive jurisdiction over the arbitration proceedings; c) The Law governing the conduct of arbitration and the arbitration proceedings shall be the laws of India; d) The arbitration shall be conducted before a sole arbitrator appointed by mutual consent of the parties; e) Arbitration awards shall be reasoned awards and shall be final and binding on the disputing parties; and f) 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.
17. INTEGRATION, SEVERABILITY AND WAIVER
18. EFFECTIVE DATE