This document is an electronic record in terms of the Information Technology Act, 2000 and the rules associated. This e-record is generated by a computer system and does not require any physical or digital signatures.
1) DEFINITIONS Beneficiary(ies) shall mean and include all NGO, trusts, societies, persons, individuals who run Campaigns on Donative to raise donations in kind;
Campaign(s) shall mean and refer to various campaigns that run on Donative for raising adequate support in kind for the Beneficiaries. The Campaigns shall only be for a charitable purpose and shall not involve commercial activity or aims;
Donor(s) shall mean the users of Donative who are desirous of donating towards provision of Material for the Beneficiaries for the Campaigns;
Platform or Donative shall mean donative.in including its applications on mobile and/or tablet, as owned, operated and managed by Ryptox;
Ryptox or Us or We or Our shall mean Ryptox Technologies Private Ltd, a private limited company, incorporated under the Indian Companies Act;
Services shall mean services provided by Donative to You by facilitating connection between Beneficiaries, Trusts and Donors so that Donors can donate in kind to the Beneficiary to meet the necessary objectives of charity;
Trust(s) shall mean the Foundations and/or such other charitable trust(s)/organisation(s) as may be on boarded from time to time by the Platform.
2) SCOPE OF SERVICES
Donative wants to build trust and transparency for Donors by acting as platform to allow the Beneficiaries to create profile and share their Campaigns to raise financial support for specific causes. Donative is facilitating a connection between Donors and the Trusts to ease out their marketing efforts and extend reach. The Donor shall select the Campaign of their choice and make donations through the payment channels on the Platform. Such payments will be directed to the respective Trust who created the campaign.
We perform a prima facie verification of the Campaigns stated objectives at our discretion. However, You understand, hereby acknowledge and agree that neither Ryptox nor the Trusts conduct any detailed and in-depth checks on the veracity and genuineness of the Campaigns put up by the Beneficiaries. Thus, Ryptox and/or the Trusts makes no representation with respect to the genuineness and information of the Beneficiaries and/or the Campaign and shall have no liability to any party in relation to any transactions undertaken between the Donor, Trust and Campaign/Beneficiary.
3) SERVICES DESCRIPTION
The Services provide features that exist for the ultimate benefit of the Beneficiaries and allow Donors to donate easily online. Considering the larger objective of donations reaching the Beneficiaries, Donors agree that as soon as the Donor participates in a Campaign, the Donor shall become a backer for the Campaign and the relevant Trusts and/or the Beneficiaries may be provided access to the details provided by the Donor. In case a Donor does not wish to make its identity known to the Beneficiary, it shall be entitled to be an anonymous Donor. Please consider carefully what You choose to share or make public, Ryptox has no responsibility for that activity and/or for the veracity of information shared or for any misuse of information.
The Donor is liable to disclose whether or not such Donor is an Indian national in My Profile Tab. In case the Donor is not a holder of an Indian Passport, the donation shall be directed to the applicable Trust which is registered under the provisions of India’s Foreign Contribution Regulation Act, 2010, as amended from time to time (FCRA).
The Donor represents and warrants that such Donor shall not attempt, directly or indirectly, to make or cause to be made any donation for any prohibited purposes under the law, including but not limited to, under the provisions of FCRA which states that donations cannot be made for the benefit of candidates for election; correspondents, columnists, cartoonists, editors, owners, printers or publishers of registered newspapers; judges, government servants, or employees of any corporation or any other body controlled or owned by the government; members of any legislature; political parties or their office bearers; organizations of political nature, as the same may be specified by the Central Government; associations or companies engaged in the production or broadcast of audio news, audio visual news, or current affairs programs through any electronic mode or any other mode of mass communication; or correspondents or columnists, cartoonists, editors, or owners of associations or companies referred to above.
A Beneficiary is bound and legally liable to provide accurate, true and correct information in respect of the details of the Campaign hosted on Donative. A Beneficiary shall ensure that the description of the Campaign shall not be misleading. Ryptox reserves the right to delete Your Campaign if it is brought to Our notice that the information provided by You is false, does not depict the true nature of the Campaign or is misleading in any manner. A Beneficiary shall ensure that the information and the Campaign do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Campaign listings may only include text descriptions, graphics and pictures that describe Your campaign and the need and the use of the Materials raised. No fees/consideration/payment of any sort is charged from the Beneficiaries to put up their Campaigns on Donative.
It shall at all times be the responsibility of the Beneficiary to furnish the Donor, the applicable Trusts and Donative with accurate progress report and any other information that may be required by the Donor to track the utilization of the Materials donated to the Beneficiary. At the request of Donative, the Beneficiary shall provide the necessary information to the Donor. Provided however, Donative shall not be liable in any manner to provide such information to the Donors or the Trusts as the case may be and may, at its sole discretion, choose to do so with a view to facilitate communication.
The Campaigns of the Beneficiaries shall be exclusive to Donative, i.e. the Beneficiaries shall not endeavour to approach any other platform, person or organisation to on-board the Campaign whilst the Campaign is live on the Platform without the prior written consent of Donative.
Each Beneficiary acknowledges and agrees that such Beneficiary shall not attempt, directly or indirectly, to make or cause to seek any donation for any purposes prohibited under the applicable law. This includes, without limitation, suspected collusion between the Donor and Beneficiaries 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 applicable laws. Where Donative suspects or has reasonable cause to doubt the credibility of the Donor and/or Beneficiary, Donative may direct the Trust to return payments after deducting its fees and charges.
Beneficiaries represent, warrant, and covenant that (i) all information it provides in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud or deceive any user; and (ii) it will comply with all relevant local, state, and union laws applicable to it. Donative reserves the right to provide information relating to the Campaign with Donors and with law enforcement or to assist in any investigation.
Campaign will comply with the provisions of FCRA and Prevention of Money Laundering Act, 2002 (PMLA).
Please note that in accordance with the FCRA, the following persons cannot receive foreign contributions (this list may be amended from time to time in accordance with regulatory and statutory actions, and such amendment shall apply to You with immediate effect from such regulatory or statutory action):
candidates for election;
correspondents, columnists, cartoonists, editors, owners, printers or publishers of registered newspapers;
judges, government servants, or employees of any corporation or any other body controlled or owned by the government;
members of any legislature;
political parties or their office bearers;
organizations of political nature, as may be specified by the central government;
associations or companies engaged in the production or broadcast of audio news, audio visual news, or current affairs programmes through any electronic mode or any other mode of mass communication;
Correspondents or columnists, cartoonists, editors, or owners of associations or companies referred in the clause above.
Beneficiaries shall not use any content created by Donative, partially or wholly, for any other material donations or awareness purpose without the written consent of Donative.
Donative and/or the Trusts may terminate the engagement with Beneficiaries and subsequently the Campaign, at any point of time, should it have material evidence of wrong utilization of Materials, or absence of requisite regulatory approvals to collect donations or carry out the Campaigns. The cancellation, rejection, interruption, removal or suspension of any Campaign shall be at the sole discretion of Donative and/or the Trusts. The Trust may request Donative to cancel, reject, remove or suspend a Campaign as the case maybe.
Donors shall select the Campaign in accordance to their choice and donate an amount to the Trust, either in Indian Rupees or otherwise through the payment channels provided for on the Platform. In the event of failure to remit the donation amount, the same shall be intimated to the Donor. Please note that once You donate on the Platform, no refund shall be processed.
We use the services of third party payment service providers to process your payment and share the payment information and other identifiers with such third parties in accordance with their terms and conditions. Accordingly, Your payments to Us through such third party services shall be in accordance with the terms and conditions adopted and implemented by such service provider, and We shall not be responsible for any failed or incomplete fulfillment of any payment instructions issued by You through such service provider or any actions taken by You in respect of the same. At the time of payment, Your bank or other third party payment intermediaries may charge currency conversion fees, bank charges and other transaction fees which shall be payable by You.
8) BENEFICIARY INFORMATION
Beneficiaries are required to submit and share details and necessary documents of their trust/society/NGOs /institutions/establishments/companies/organizations to Donative platform at the time of registration, as may be required by Ryptox from time to time, for verification purposes or otherwise for the purpose of complying with any applicable law.
Ryptox may, at its sole discretion, authenticate these Details as part of its check. These Details shall be true and accurate. If found that such information is false and/or inaccurate, they are entitled to report the same to the applicable authorities and/or take necessary action as required under law. Provided however, Ryptox shall not be liable from any action as mentioned herein and shall be wholly indemnified from any losses that may arise due to the provision of incorrect/false Details and/or information.
A Beneficiary shall ensure that the information and the Campaign does not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Campaign listings may only include text descriptions, graphics and pictures that describe your campaign and the need and the use of the funds raised.
While Donative endeavors to pre-screen and qualify Campaigns after an involved exercise, such screening or qualification is not error-free, exhaustive or warranted by it. Moreover, it is not a substitute for Donors’ independent investigations. The Donative may afford Donors an opportunity to ask Beneficiaries questions concerning the Campaign and otherwise test the soundness of any Campaign. By making a donation, each Donor hereby represents and warrants that such Donor has conducted the due diligence that such Donor deems appropriate under the circumstances and does not rely on Donative for the accuracy, completeness or adequacy of the information supplied on Donative. Moreover, Donors should note that neither Donative nor any of its directors or employees or stakeholderes represent or warrant that Beneficiaries or any other person shall use donated funds for the purpose represented by them. Donative is not a party to any Campaign, unless specified explicitly
However, Donative may, at its discretion, promote some Campaigns but is under no obligation to do so for all Campaigns. In such instances, You understand and consent that Donative is not liable or responsible for the success of such Campaigns promoted by it.
9) CONTENT AVAILABLE
You acknowledge that Ryptox does not make any representations or warranties about the Campaigns, Beneficiaries, Donors, data, and information, such as data files, text, facts and figures, Beneficiary’s details, computer software, code, audio files or other sounds, photographs, videos, or other images (collectively, the Content) which You may have access to on Donative as part of the Services, or through Your use of this Donative. Under no circumstances, Ryptox is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via Donative.
You shall not, (a) modify, alter, tamper with, repair, or otherwise create derivative works of Donative including of any Content and/or Services; (b) reverse engineer, disassemble or decompile the Platform in order to avoid incurring fees or exceeding usage limits; (d) remove, modify or obscure any intellectual property or proprietary rights of the Ryptox and its licensors.
10) CONTENT SUPPLIED BY YOU
You represent, warrant, and agree that no Content/Details shared by You with Ryptox (User Content), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.
All User Content shall be the sole responsibility of the author/creator of such content. We shall not be liable, in any manner whatsoever, for any content, including User Content and/or content in any form whatsoever, whether or not created by You, including any generation, transmission, use or storage of such content on Donative.
You grant Us a personal, limited, revocable, non-transferable and nonexclusive right to use the Content and Details including but not limited to trademarks, service marks, logos, etc. submitted by You for providing the Services, You also grant Us the right (i) to display the User Content and Details on Donative (ii) promote or distribute it for the access of Beneficiaries/Donors.
11) LINKS TO THIRD PARTY SITES
This Donative may contain links to other websites owned and operated by Beneficiaries or to any third parties who are not related to Donative (Linked Websites). The Linked Websites are not under the control of Ryptox and Ryptox is not responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third party sites.
Ryptox provides these links to You as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by Ryptox. Your link to any such Linked Website is entirely at Your own risk. Ryptox is not a party to any transaction between You and a Linked Website. Your use of a Linked Website is subject to the terms and conditions of that site.
Donative may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation of the relevant advertiser, its products or services. You are referred to the relevant advertiser for all information regarding the advertisement and its products and/or services. Ryptox accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
12) ACCESS TO DONATIVE
The Services offered by Donative are not available to minors under the age of eighteen (18) for any reason whatsoever. Donors shall be Indian citizen holding a passport duly issued by the Republic of India and shall not transact on Donative unless You have expressly disclosed otherwise on the [https://Donative.com/profile].
Registration: You agree to (a) only provide accurate and current information about yourself, (b) maintain the security of Your passwords and identification, (c) promptly update the email address listed in connection with Your account to keep it accurate so that we can contact You, and (d) be fully responsible for all uses of Your account. You must not set up an account on behalf of another individual or entity unless You are duly authorized to do so.
Using of the Services on Donative does not deem to grant You any right on Donative and does not make You a permanent member, shareholder or affiliate of Ryptox for any purposes whatsoever, nor shall You have any of the rights of statutory members of Ryptox.
As a guest, You can navigate and browse but cannot avail any Services without providing Us with basic details about Your name, e-mail ID and phone number.
13) PROHIBITED CONDUCT
You shall not (a) use Donative for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
Donative reserves the right to remove comments or postings on the Platform or any social media page or site or otherwise that violates any applicable laws or are defamatory in nature. We shall remove User Content or any other content which we have reason to believe (a) violates any copyright, trademark, patent or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (b) pertains to unsolicited advertising and messages, promotional materials, junk mail, spam etc.; (c) is reasonably believed to be (without independent verification) fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, materials or descriptions; (d) defames, harasses, stalks, threatens or otherwise violates the legal rights of others or is invasive of another’s privacy rights; (e) is vulgar, obscene, offensive, or contains pornography or nudity or otherwise objectionable (f) is racially or ethnically offensive and encourages any conduct that may constitute a criminal offense or that gives rise to civil liability; (g) sends or stores material containing software viruses, worms, or other harmful computer code, files, scripts or programs; (h) attempts unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, (i) unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network, (j) interference with Service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, (k) send harassing or threatening transmissions, (l) probe for means of gaining unauthorized access to computers or networks, (m) restricts or inhibits any other party from using the Service; and (vi) false information/misrepresentation of Yourself.
14) DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Ryptox does not endorse or act on behalf of any third party. In the event you engage the services of / interact with any third party, through Donative, Ryptox will not be liable to You for any act or omission by such third party in relation thereto.
We hereby expressly disclaim all warranties and representations of any kind with respect to any and all content and features available on Donative, including but not limited to (a) warranties as to use for a particular purpose whether or not Ryptox knows or has reason to know or has been advised of any such purpose; (b) warranties as to any results to be obtained from any use of the Content or information derived from use of Donative; (c) any continued access or uptime; and (d) any time period within which downtime shall be rectified.
Ryptox shall have no liability for any losses, direct or indirect, in contract, tort, or otherwise, incurred in connection with the Content, use of the Platform or any Services, any third party claims, any damages incurred by any party that arises out of the use of Our Platform or Services, either directly or indirectly, including any virus attacks, service attacks and/or Trojan attacks, including but not limited to loss of revenue or profit or any other commercial or economic loss or for any decision made or action taken by any third party in reliance upon the Content.
Donative services, included on or otherwise made available to You through this Platform is provided by Ryptox on an "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing including without limitation, accuracy of content, non-infringement, non-interference, or fitness for a particular purpose or that the Services (including the Software) will be uninterrupted, timely or error-free. Without prejudice to the forgoing paragraph, Ryptox does not warrant that:
Donative will be constantly available, or available at all;
The information on Donative or provided through the website is complete, true, accurate or not misleading
We use internally developed systems for providing access to and facilitating Your use of Donative. These systems may encounter technical or other limitations, and computer and communications hardware systems might experience interruptions. Further, We continually enhance and improve these systems in order to accommodate the level of use of Donative. We may also add additional features and functionality to Donative that might result in the need to develop or license additional technologies. Increased utilization of Donative or providing new features or functionality may cause unanticipated system disruptions, slower response times, degradation in levels of customer service, and delays in reporting accurate financial information. You agree that We shall not be liable to You or to any third party claiming through You, for any such failures contemplated herein.
16) FOREIGN JURISDICTIONS
Ryptox makes no representation that the content contained on Donative is appropriate or to be used or accessed outside of the Republic of India. You are expressly notified that, many states and foreign countries all have their own regulations that must be observed in relation to Your use or access of Donative. You must make Your own assessment regarding, and are responsible for compliance with, regulatory requirements as may be applicable to Your use and access of Donative in such jurisdictions.
17) PRIVACY AND CONFIDENTIALITY
You agree that Your obligations under this Paragraph 17 are necessary and reasonable in order to protect Our business and expressly agree that monetary damages would be inadequate to compensate for any breach of any covenant or agreement set forth herein. Accordingly, You agree and acknowledge that any such violation or threatened violation will cause irreparable harm and injury to Ryptox and that, in addition to any other remedies that may be available, in law, equity or otherwise, Ryptox shall be entitled to obtain injunctive relief against the threatened breach of the terms of this Paragraph or the continuation of any such breach.
The restrictions in this Paragraph 17 shall not apply to disclosure of Confidential Information by either party if and to the extent the disclosure is: (a) required by the applicable law of any jurisdiction (b) required by any applicable securities exchange, supervisory or regulatory or governmental body to which the relevant party is subject or submits, wherever situated, whether or not the requirement for disclosure has the force of law? or (c) made to employees and representatives on a need to know basis, provided that such persons are required to treat such information as confidential through written agreement in terms which are no less strict than this Paragraph. Provided that restriction in this Paragraph 17 shall not apply to disclosures of Confidential Information made by Ryptox to its shareholders, directors, managers, advisors, potential investors and/or affiliates.
18) INTELLECTUAL PROPERTY
Donative is operated by and is the sole property of Ryptox. Any and all material on this Platform, including images, illustrations, audio and video clips, trade names, proprietary information and knowledge, technology, databases, or rights with respect thereto necessary for Our business as is now being operated are protected by copyrights, trademarks, and other intellectual property rights that are owned by Us or by other parties that have licensed such material to Us, or such parties having ownership of content uploaded on the Platform. You agree that You shall not, whether directly or indirectly, copy, reproduce, republish, post, upload, transmit or distribute such material in any manner and through any media including by way of e-mail or other electronic means and You shall not assist any other person in doing so. All right, title, and interest in and to the Donative (excluding content uploaded specifically by a user) is and will remain the exclusive property of Ryptox and/or its licensors.
From time to time, we test various aspects of our Donative, including Our website, user interfaces, service levels, plans, promotions, features, availability of content, delivery, and pricing, and We reserve the right to include You in or exclude You from these tests without notice.
By submitting any content or material to the Donative including names, logos and/or any material that is protected through trademark, copy right, word mark, etc. of Yourself or Your enterprise or Your start up, You hereby grant Ryptox a worldwide, non-exclusive, royalty-free, perpetual, sub-license able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the such content in connection with the Donative and Rptox’s business, including without limitation for promoting and redistributing part or all of the Donative (and derivative works thereof) in any media formats and through any media channels.
If You are a copyright owner or an agent thereof and believe that any content on the Donative infringes upon Your rights, You may contact email@example.com and provide details requested in regards to such infringement.
19) GOVERNING LAW AND DISPUTE RESOLUTION
The arbitration shall be conducted by a sole arbitrator jointly appointed by Ryptox and You. If parties fail to appoint an arbitrator within 30 (thirty) days after service of the notice of arbitration, such arbitrator shall be appointed in accordance with provisions of the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Indore, India.
The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.
21) NO WAIVER
Unless otherwise provided herein, all notices and other communications shall be deemed to be served to any Donor, any Trust and/or any Beneficiaries through notifications on the Portal or at the registered email ID provided by such user as soon as We send such notice. It is the sole responsibility of such users to update their respective information including but not limited to the e-mail addresses, phone numbers and postal addresses (if any). We shall not be responsible for non-receipt of any such communication sent by Us.
23) FORCE MAJEURE
Ryptox shall be entitled to assign their rights and obligations hereunder to any affiliate, third party or as part of any restructuring, business combination, merger or acquisition without any prior notice provided to any other party.