NOTICE: THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
These terms and conditions ("Terms"), including the BINDING ARBITRATION AND CLASS ACTION WAIVER CONTAINED HEREIN, govern your access to or use of the Filaantro website, platform and additional services made available by Filaantro Online ventures Pvt Ltd, which has developed proprietary crowdfunding platform called filaantro.org that allows users to raise charitable donations (“filaantro”, “we”, or our") (collectively, with any new features and services, the “Services”) and the entirety of your relationship with Filaantro. The Services shall include any services, features, or tools made available on or through the Filaantro website or otherwise provided by Filaantro, including but not limited to any widget, form, or other tools for marketing, communications, social sharing, event registration, branding, donation, integration, customization or promotions. PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING OR ACCESSING THE SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. These terms apply to you if you are a fundraiser, charity, donor, event organizer, event registrant or any other user of the services (collectively, “Users” Or “you”). If you are reviewing and agreeing to these terms on behalf of an entity, you hereby represent and warrant that you are an authorized representative of such entity, with the authority to legally bind such entity and do hereby legally bind such entity to these terms. If you choose to not accept these Terms, you cannot use the Services. Please contact us if you have any questions. In addition to reviewing these Terms, you should also read our Privacy Policy to better comprehend how we collect and use your information. Your use of the Services constitutes your agreement to our Privacy Policy.
ADDITIONAL TERMS AND POLICIES
Please review the Filaantro Privacy Policy, incorporated herein by reference for information and notices concerning our collection and use of your information. Certain areas of and/or features or products on the Services may have different and/or additional terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these terms and the terms and conditions or policies posted for a specific area or feature, the latter take precedence concerning your use of that area or feature and concerning the provision in conflict.
Access to the Services from territories where the Services are illegal is strictly prohibited. Users are responsible for complying with all applicable federal, state, provincial, territorial, or local rules, laws, and regulations, directives, and ordinances (collectively, "Applicable Laws'') regarding their use of the Services.
Overview
1. Our role.
The purpose of the Services is to help individuals, entities or organizations raise money, but we do not pick or endorse any such individuals, entities or organizations or any of their campaigns or causes. We merely provide a technology platform to allow fundraisers to connect With donors. The existence of the Services is not a solicitation of donations by Filaantro, and Filaantro does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity or organization. By using the Services, you understand and agree that Filaantro shall not be responsible for the use of your donations or the number of funds raised for your charity campaign or event.
2. Becoming a Member
a. To use the Services, you must: (1) be over the age of majority in the jurisdiction in which you live i.e, at least 18; (2) be registered with us (to the extent required) and not have been previously restricted, suspended or terminated by us; and (3) not be using another User's account without her/his permission.
b. To use the Services, you will be asked to create an account (either "personal" or “non-profit'). Either type of account may be used to raise funds for a Charity (as defined herein), although you may only sign up or an account on behalf of an entity or organization if you have the legal authority to bind that entity or organization. You will be required to provide some information when you sign up, including an email address to receive any notices required by law, in place of communication by postal mail, along with other messages, including changes to features of the Services.
c. You may need a username and password to use certain features of the Services and you may create certain URLs when you establish a profile, fundraiser, event, or charity page subject to these Terms. By selecting a user name and any particular URL. you agree that you will not select or use a name or URL: (a) of another person with the intent to impersonate that person, (b) subject to the rights of any person without authorization: (c) in violation of the intellectual property rights of any person; or (d) that Filaantro, in its sole discretion, deems inappropriate or offensive. You hereby expressly permit Filaantro to identify you by your user name (which may be a pseudonym). You acknowledge and agree that you shall have no ownership or other property interest in your account, URL and/or user name, and you further acknowledge and agree that all rights in and to your user name and accounts are and shall forever be owned by and inure to the benefit of Filaantro. You are responsible for maintaining the confidentiality of your password and account information, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify Filaantro immediately of any unauthorized use of your password or account or any other breach of security. Filaantro assumes no liability for any loss or damage arising from any unauthorized use of your password or account or any third party. Filaantro has the right to reclaim any usernames or URLs for any reason.
d. To agree to (a) provide accurate information as prompted on the Services, and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or Filaantro has reasonable grounds to suspect that such information is inaccurate, Filaantro may suspend or terminate your use of the Services and/or decline to permit your continued use of the Services and future access to the Services.
Donors
Any individual, entity or organization that registers as a User and donates funds through the Services (“Donor”) is subject to the following additional terms of these Terms that apply specifically to Donors.
- Donor's Risk.
- No Gift Restrictions
- Donor Commitments.
- Tax Deductions.
- Donor information.
All Donations are at your own risk. When you donate to a campaign, Event, or Charity, it is your responsibility to understand how your money will be used. Filaantro does not warrant that Donations will be used for any particular purpose and is not responsible for any misuse of the Donation. Filaantro Is not responsible for any rewards, promotions, Events, or any other offers or promises made by Charities or Event Organizers in exchange for Donations.
Donors are not permitted to impose restrictions on the use of Donations by a Charity or Event organizer. To the extent that a Donation is made in response to an appeal to a particular program of a Charity or Event organizer, or to the extent that a Donor purports to direct the use of Donations by a Charity or Event Organizer, any such directions shall constitute non-binding recommendations only and the Charity or Event Organizer shall have full discretion to determine have Donations will be used.
By donating money through the Services, you represent and warrant that any Donation you make is legal in your jurisdiction and that you are authorized to use the payment method you have selected. Each Donor agrees and acknowledges that: (a) all Donations to Charities are made as unrestricted gifts and may not be restricted to any particular purpose; (b) designated Donations and registration fees and transaction fees will be charged to the credit or debit card or other payment methods you use and Filaantro does not collect or store your credit card information; (c) all Donations are final and non-refundable; (d) recurring monthly Donations continue until the Donor cancels such recurrence, and if the Donor chooses to cover the fees so that their Donation goes to the cause, those fees are based on Charity's account pricing at the time of the first payment in that recurring series of payments and that Charity’s fees may be subject to change without notice to the Donor, and; (e) Event registration fees are subject to the Event Organizer’s. refund policy.
Filaantro makes no representation as to whether all or any portion of your donations, including. if any, transaction fees, are tax-deductible or eligible for tax credits. filaantro will have no liability for any claim by any federal, state, provincial, territorial local or any other tax authority concerning the characterization on any applicable tax return of any Donation by you, any Filaantro user or any Charity. You should consult your tax advisor as to the amount of your donation that is tax-deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction, and particularly if you are awarded a gift or prize in connection with your Donation.
Donors shall provide Filaantro with such information as is required to enable the issuing of an official Donation receipt. Donor acknowledges and agrees that, in accordance with the Privacy Policy, certain of Donor's personal information will be shared with the Charity to which such Donor makes a donation (including without limitation as part of a Donor List, as set forth above) and may be used by such Charity in accordance with the Charity’s Privacy Policy. Filaantro is not responsible, and shall not be liable, for any Charities use of any Donor information.
For donors making donations to charities, please see the state non-profit disclosures for those charities. Specifically, certain states require written disclosures for nonprofit organizations soliciting contributions.
Miscellaneous
- Electronic Communications.
- Conflict with Other Agreements.
- Modification of the Terms.
- Additional Terms.
- Withdrawal of Funds Process
- Miscellaneous Other Provisions
- Any failure by Filaantro to enforce any parts of these Terms will not be considered a waiver of such Term in whole or in part.
- These Terms make up the entire agreement between you and Fliaantro regarding the Services and supersede any prior agreements.
- These terms do not confer any third-party beneficiary rights, except as expressly set forth herein.
- You will not assign or transfer any of your rights or responsibilities under these Terms to anyone without Filaantro's express written permission.
- Filaantro may, at any time, assign our rights or delegate our obligation hereunder without notice to you in connection with a merger, acquisition, reorganization or sale of equity or assets, or by operation of law or otherwise.
- Nothing in these terms shall prevent Filaantro from complying with the law Filaantro Shall not be liable for any delay or failure to perform resulting from causes outside reasonable control, including, but not limited to. acts of God, war, terrorism, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy. labour or materials.
When you visit or use the Services or send emails to Filaantro, you are communicating with us electronically. You consent to receive communications from Filaantro electronically. Filaantro may communicate with you by email or by posting a notice on the Services. You agree that all agreements, notices, disclosures and other communications that Filaantro provides to you electronically satisfy any legal requirement that such communications be in writing. You may give notice to Filaantro at the following address mentioned in Contact Us. Such notice shall be deemed given when received by Filaantro by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
These Terms are in addition to and do not nullify, any other agreement between you and Filaantro or any other applicable terms and conditions found on the Services. In the case of any direct conflict between these terms and any other agreement between you and Filaantro, the provisions of such other agreement shall control but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Services. Notwithstanding the above, when you use the Payment Gateway to make or receive a Donation.
In Filaantro sole discretion, we may unilaterally amend or modify these Terms or any other documents referenced herein at any time by posting on this website. The date of the most recent revision will appear at the top of this page. Filaantro encourages you to review these Terms periodically for any updates or changes. Any amended or modified terms will be effective upon posting. Continued use of the Services constitutes acceptance of any modified terms and conditions.
Filaantro also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Services, which may be posted in the relevant parts of the Services, and will be identified clearly and conspicuously, For example, Filaantro may post additional rules to participate in a promotion. Your continued use of the Services continued your agreement to comply with these additional rules. Those terms will control in the event of any conflict with this Term
The funds raised by any campaigner, both individual and NGO, can be withdrawn by them without any hurdles or delays. The amount would be directly credited to the campaigner’s bank account on or before the 25th day of the subsequent month once the withdrawal request is received from the Campaigner via email by Filaantro in the previous month.
To withdraw funds, the campaigner will need to submit their bank account details and mandatory documents listed below.
Individuals:- Need to submit the bank account details and photocopies of the following documents of the beneficiary/campaigner: PAN card Address proof - Aadhar card (front and back) or Passport (first and last page) or Election card (front and back) or Driver's license, Copy of cancelled cheque or 1st page of passbook.
The campaigner can decide to withdraw the total contributions accumulated in his campaign either partially or fully. In the event the campaigner decides to withdraw partially then the admin fees and taxes would be deducted each time the funds are transferred to the campaigner. However, in spite of the partial transfers, the campaign will display the total funds raised for it.
NGOs:- All NGOs must at least share the following documents with Filaantro: Incorporation Document/Registration Certificate/Trust Deed/Society deed (mandatory) PAN Card Copy (mandatory) 80G Registration Certificate (if applicable) FCRA Certificate (if appicable) Bank Account Information in the form of a copy of a cancelled cheque of the account/previous month's bank statement (mandatory)
Note: Bank name, branch name, IFSC code, account number and account holder's name should be mentioned on the bank statement or cancelled cheque The address proof should be valid as of the submission date and mention the address in full The name mentioned on all the documents should be the same The documents should be easily readable and not blurred or cropped. Please note that Filaantro cannot process any payout until the necessary information is uploaded and approved. We would highly recommend that you complete the compliance documentation when your fundraiser is running for a quick and smooth pay-out. When a donor donates on our crowdfunding platform, the donation amount first goes to the virtual account created by the payment gateway's end in the campaigner’s name and the disbursals are processed as per the norms.
a. If one or more portions of these terms shall, for any reason, be held to be unenforceable the remaining portion will remain in full force and effect.
b. The headings used throughout these Terms are solely for convenience of reference and are not to be used as an aid in the interpretation of this Term.
If you have any questions about these terms, contact us at support@filaantro.org.
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