Terms & Conditions
1. ABOUT WWW.LETSALLHELP.COM
Any contribution made on the Website by you should not be construed as an investment in any form whatsoever. Letsallhelp is not a broker, financial adviser, bank, financial institution, or charity. We do not provide financial advice or financial returns in any form whatsoever, including but not limited to financial securities (debt or equity), interest, dividend, profit share or rewards in cash to persons that contribute on the Website.
1.1. The website and domain name (including all applications on mobile and/or tablet) www.Letsallhelp.org(“Website”) is owned by Pravaas Socioimpact Private Limited, a company incorporated under the laws of India and having its registered office at 5/6 Rushabh Complex. Dalia Industrial Estate, Off Link Road, Andheri West, Mumbai 400053 (“Pravaas”). The Website is operated by Pravaas Socioimpact Private Limited in association with Smeransh Foundation a company incorporated under Section 8 of the Companies Act, 2013 and Radhamohanpur Ramkrishna Vivekananda Social Welfare Society, registered under Societies Act (collectively referred to as “Letsallhelp”, “we”, “us”, “our”).
1.5. It is your responsibility to review the Terms and any policy referred to herein, periodically. If changes are made to the Terms or any policy mentioned herein, your continued use of the Website, after such changes are made, will signify your acceptance and agreement to be bound by such revised Terms and/or any policy mentioned herein. If you transact on the Website, you shall be additionally subject to the laws and policies, as applicable to the Website for such transactions. based on representations of campaigns or causes initiated by such parties, to enter into transactions, make contributions or share information.
1.6. These Terms are published in accordance with the Information Technology Act, 2000 and the rules made thereunder (“IT Act”), and other laws as may be applicable. This document is an electronic record and all amended provisions pertaining to electronic records in various statutes, as amended by the IT Act, will be applicable. This electronic record is generated by a computer system and does not require physical or digital signatures.
2.1. “Beneficiaryor Beneficiaries” shall mean and include all not for profit entities, charitable institutions, non-charitable institutions creating a social impact, including orphanages, old homes, schools, colleges, trusts, societies, persons, individuals who are in need of essential goods, running Campaign’s on Letsallhelp.org to raise donations in kind.
2.2. “Campaign” shall mean and refer to various campaigns that run on the Website for raising adequate support either in cash or by sourcing Materials for the Beneficiaries;
2.3. “Contributor” shall mean any person making a payment on the Website towards a Campaign.
2.4. “Material” shall mean and refer to specific goods required by different Beneficiaries under their Campaigns, which shall be purchased by us through the funds provided by Contributors.
2.5. “Services” shall mean all services provided by us to you and the Beneficiary by facilitating a connection between Beneficiaries and Contributors via the Website.
2.6. “User” shall mean any person accessing the Website including the Beneficiaries and Contributors.
3. SCOPE OF SERVICES
3.1. Wereplace the traditional charity method of monetary donations with product donation, thus building trust and transparency for Contributors. The Website is facilitating a connection between the Beneficiaries and Contributors, so that Contributors can donate Materials to the Beneficiaries, as per their requirement, which shall be sourced and delivered to the Beneficiaries by us. The Website shall act as a platform to allow the Beneficiaries to put up and share their Campaigns to raise support for the Materials required by them.
3.2. A Contributor shall be entitled to choose the Campaigns it wishes to support and donate the Materials, by making payment for such Materials to us. We shall purchase the Materials and donate on the Contributor’s behalf to the Beneficiaries.
3.3. You understand, hereby acknowledge and agree that we, in our best capacity, try to check on the veracity and genuineness of the Campaigns put up by the Beneficiaries. We shall do our best in representation with respect to the genuineness of the Beneficiaries and the Campaign. We shall have no liability to any party in relation to the transactions where we have not been engaged or contractually involved in.
3.4. However, we shall ensure that all the Materials donated by Contributors shall be of a reasonable quality and delivered to the Beneficiaries in a timely manner. Contributors shall be intimated upon delivery of the Materials to the Beneficiaries.
4. SERVICES DESCRIPTION
4.2. Services are provided through the Website for the ultimate benefit of the Beneficiaries. Considering the larger objective of Materials reaching the Beneficiaries, Contributors agree that as soon as the contribute towards a Campaign, the Contributors shall become a supporter for such Campaign. In such an event, Beneficiaries shall have access to the details provided by such Contributor. In case a Contributor does not wish to be identified, it shall be entitled to remain anonymous.
5.PAYMENT FOR MATERIALS
5.1. The consideration/payment for Materials shall be made by Contributors through the payment gateway channels on the Website. We shall purchase the Materials using the funds contributed by a Contributor and thereafter donate the Materials on the Contributor’s behalf to the Beneficiaries. Relevant photographs of Materials donated to the Beneficiaries running a Campaign shall be sent to Contributors supporting such Campaign.
5.2. We do not charge any fees/consideration/payment from the Beneficiaries to put up their Campaigns on the Website.
5.3. As a guest, you can navigate and browse but cannot avail any Services. For availing Services, you need to register on the Website by creating a user account secured by a password. You need to provide us your name, date of birth, address, contact information, Permanent Account Number registered with the Indian tax authorities in case of Indian Contributors, and any other details as required by us or under law, from time to time.
5.4. You agree that any registration information provided by you shall always be accurate, correct and complete. If you create an account in the Website, you shall be responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account. We reserve the right to change or amend these Terms from time to time, without any prior notice to you. We also reserve the right to refuse registration of, or cancel, accounts which we deem inappropriate.
6. BENEFICIARY INFORMATION
6.1. Beneficiaries are required to submit and share their registration information, address and contact details and such other document or information as may be required by us from time to time for verification, through the Website (“Beneficiary Details”). We reserve the right to independently verify such Beneficiary Details.
6.2. If you are registering as a Non-governmental Organization (“NGO”), other organization or legal person, not being a natural person, you represent that you are duly authorized by the NGO, organization or legal person to accept and be bound by these Terms and policies referred to herein.
6.3. However, we take no responsibility of the genuineness or veracity of the Beneficiaries or the Beneficiary Details. In good faith, we believe in the Campaigns run by the Beneficiaries and we do a preliminary background check of the Beneficiaries and try to independently verify the Beneficiary Details, through public sources or by interacting with Beneficiaries or by visiting the Beneficiaries or otherwise. We do not charge any fees/commission/payment from the Beneficiaries.
7. CONTENT AVAILABLE:
7.1. You acknowledge that we does not make any representations or warranties about the Campaigns, Beneficiaries, Beneficiary Details, Material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos, graphics, signs, animation or other images (collectively, the “Content”) which you may view on the Website, or through your use of the Website. Under no circumstances shall we be liable 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 the Website.
7.2. You agree that you are solely responsible for your reuse of Content made available through the Website.
8. USER CONTENT
8.1. Yourepresent, warrant, and agree that no Content shared by you as a User (“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 libelous, defamatory, or otherwise unlawful material.
8.2. Yougrant us a personal, limited, revocable, non-transferable and nonexclusive right to use the User Content including but not limited to any trademarks, service marks, logos etc. submitted by you. You also grant us the right to display the User Content submitted by you on the Website and to promote or distribute it for the access of other Beneficiaries.
8.3. UserContent is all third-party generated content and we do not have control over and cannot be held liable for any User Content. In such cases, the User shall (subject to the above license grant) maintain all intellectual property rights in and will be responsible for the User Content they generate. We shall have the right to remove or edit any User Content that, in its sole discretion, violates or is alleged to violate any applicable law, or the express terms, or intent of, these Terms.
9.1. Beneficiaries are bound and legally liable to (a) provide accurate, true and correct information with respect to details of the cause for a campaign to raise funds on our Website, (b) ensure that all donations received are being used solely as described in the Campaign, and (c) abide by all applicable laws relating to their activities.
9.2. We reserve the right to delete any campaign if we have reasonable information to believe that any User Content is false does not depict the true nature of the campaign or is misleading in any manner.
9.3. We shall ensure that the information provided, and/or the campaign does not infringe upon the intellectual property, trade secrets 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 the campaign and User Content on the need and the use of the Materials.
9.4. It shall, at all times, be the responsibility of the Beneficiaries to execute the Campaigns as represented, and furnish us with accurate progress reports, or other agreed upon updates, and any further information that may be required by us, to track the utilization of the Materials by the Contributors to the Beneficiaries, for the campaigns, through the Website. We do not guarantee that any Campaign will obtain a certain of donations or any donations of Material at all.
9.5. The Beneficiaries shall at all times be responsible for and ensure the performance of offers made by them. In the event of any failure regarding fulfillment of obligations of the Beneficiaries, disputes shall be settled between the parties directly.
9.6. Letsallhelp shall not be held responsible for any default/non-performance on part of the Beneficiary. At no time shall Letsallhelp be required to mediate or resolve any dispute or disagreement between Donors and the Beneficiaries.
10.1. Contributors shall make donations towards campaigns as per the terms and conditions stated in these Terms and/or as otherwise promised independently to Beneficiaries. Contributors not located in India may be required to contribute through a collecting agent who may be in a different country.
10.2. Although Letsallhelp will try to independently verify the information submitted by Beneficiaries and contents of a Campaign, the Contributor may conduct independent due diligence with respect to any information/Campaign listed by a Beneficiary (which includes the NGOs in India) before making any contribution on the Website. Letsallhelp cannot vouch for the genuineness or honesty of a Campaign and may not be in a position to detect any misrepresentation and/or false information that may be listed therein.
10.3. Although Letsallhelp shall, on a best efforts basis, try to ensure that the Materials donated to the Beneficiaries are solely utilized for their intended purpose as stated in the relevant Campaign, Letsallhelp does not make any express or implied warranty regarding end use of the Materials by the Beneficiaries. The Contributor hereby agrees and declares that the Contributor is aware that Letsallhelp shall, at no point of time be held answerable or accountable for any Materials after such Materials have been handed over to the Beneficiary, in respect of which such donations have been made.
10.4. If the Contributor has made a contribution towards a Campaign where such contribution is eligible for tax deduction, we shall send the certificate in the name of such Contributor as per the provisions of the Income Tax Act, 1961 which shall allow such Contributors to tax deduction. However, only Contributors being Indian residents shall be eligible for availing such tax deductions for the contributions made. If the Contributor proposes to make anonymous contribution towards a Campaign, such Contributor shall not be eligible to obtain a tax deduction. Further, if a Contributor does not opt for availing tax deduction at the time of registration, such Contributor shall not be eligible for availing tax deduction for contributions made towards Campaigns in future.
10.5. The Contributor will be sent timely updates about the progress/status of the Campaign via the Website and/or e-mail and/or SMS. In case a User wishes to opt-out of this service, such Users must log-in to their Letsallhelp profile and disable communications for that specific campaign.
10.6. In case of intimation of contribution coming in from fraudulent sources, we hold the right to revoke or refund such transactions.
10.7. Contributors further acknowledge that Letsallhelp has no responsibility to verify the accuracy of any statement and/or information furnished by the Beneficiary with respect to any Campaign pursuant to which the Contributor has donated funds for any Campaign via the Website.
11. FINANCIAL TRANSACTION FACILITY – CONTRIBUTORS
11.1. If you are an Indian national, all payments made by you towards the Campaigns on the Website shall be compulsorily in Indian Rupees (“INR”). The Website will not facilitate transactions in any other form of currency regarding contributions made on the Website.
11.2. If you are not an Indian national, all payments made by you on the Website shall compulsorily be through a foreign payment gateway. The Website will not facilitate transactions through the Indian payment gateways with respect to foreign donations made on the Website. Before making any donations, you should confirm the currency of donations you are making.
11.3. Please note further, that in accordance with the Foreign Contribution Regulation Act, 2010, foreign contributions cannot be provided to or accepted by:
(a) candidates for election;
(b) correspondents, columnists, cartoonists, editors, owners, printers or publishers of registered newspapers;
(c) judges, government servants, or employees of any corporation or any other body controlled or owned by the government;
(d) members of any legislature;
(e) political parties or their office bearers;
(f) organisations of political nature, as may be specified by the Central Government;
(g) associations or companies engaged in the production or broadcast of audio news, audiovisual news, or current affairs programmes through any electronic mode or any other mode of mass communication; or
(h) correspondents or columnists, cartoonists, editors, or owners of associations or companies referred in the clause above.
11.4. You categorically authorized Letsallhelp and its service providers (such as but not limited to payment gateways, banks and marketplace settlement providers such as, PayU, RazorPay, Stripe, BillDesk, PayTM, HDFC Bank, RBL, Bank, GoCashFree, etc.) to collect, process, facilitate and remit payments and/or the donation amounts electronically or through GharPay (or any other authorized agent) to and from other Users, in respect of transactions through payment facilities available.
11.5. You understand, accept and agree that the payment facilities provided by Letsallhelp are neither banking nor financial services but merely serve the role of a facilitator, providing electronic, automated and/or online payment infrastructure. Letsallhelp’s payment facilities receive donations through its collection and remittance facilities, for transactions envisioned on the Website, through existing authorized banking infrastructure, credit cards, payment gateway networks, and settlement service providers.
11.6. While availing any of the payment/donation method(s) available on the Website, Letsallhelp will not be responsible or assume any liability whatsoever, in respect of any loss or damage arising directly or indirectly to you due to,
(a) lack of authorization for any transaction/s, or
(b) exceeding the limit mutually agreed by you and between your bank, or
(c) any payment issues arising out of the transaction, or
(d) the decline of the transaction for any other reason/s.
11.7. Letsallhelp reserves the right to refuse to process donations by Contributors that have a history of questionable transactions. This includes, without limitation, suspected collusion between the Contributor and Beneficiary to bring about false impressions, mislead other Users or breach/violate any law or further any charges imposed by issuing banks, or generally a breach of any policies or laws. Where Letsallhelp suspects, or has reasonable cause to doubt the credibility of the Contributor and/or Beneficiary, Letsallhelp (as the case may be) shall transfer the funds received from Contributors back to such Contributors after deducting fees as may be payable to payment facilities involved in such transfer and re-transfer of funds. Letsallhelp may delist the campaign, or remove the campaign from the Website entirely, or stop the provision of any or all services at any time, at its sole discretion.
11.8. Letsallhelp may delay notifying payment/transaction confirmations if Letsallhelp suspects any transaction as suspicious, and shall intimate the Contributor of the same. In addition, Letsallhelp may hold back funds raised and subsequently inform law enforcement officials (instead of refunding the same to Contributor) at the request of law enforcement officials or in the event the Contributor or Beneficiary for that matter, is engaged in any form of illegal activity. We reserve the right to reverse donations at our sole discretion, in case of violations of these Terms, any Letsallhelp company policies or applicable laws. No interest shall be payable on such reverses.
11.9. The Contributor acknowledges that Letsallhelp will not be liable for any damages, interests or claims, etc. resulting from not processing such transactions/funds/donations or from any delay in processing transactions/funds/donations, which may be beyond Letsallhelp’s control.
12. CONTRIBUTOR'S ARRANGEMENTS WITH ISSUING BANKS
12.1. All valid credit/ debit/ cash cards and other payment instruments are processed using credit card payment gateways or appropriate payment system infrastructure. The same will also be governed by the terms and conditions agreed to between the Contributorand the respective Issuing Bank and/or the payment instrument issuing company.
12.2. All Online Bank Transfers from valid bank accounts are processed using the gateway provided by the respective Issuing Bank, which supports the provided payment facility to provide the Services to the Users. All such Online Bank Transfers on the provided payment facility is also governed by the terms and conditions agreed to between the Contributorand the respective Issuing Bank.
13. ACCESS TO WWW.LETSALLHELP.ORG
13.1. Use of the Website is not available to persons that cannot form legally binding contracts under the Indian Contract Act, 1872 (“ContractAct”). Persons who are ‘incompetent to contract’ within the meaning of the Contract Act, i.e., minors, un-discharged insolvents, etc. are not eligible to use the Website without the express consent of a parent or their respective legal guardians. Such persons shall not register on the Website, transact directly, or use the Website without obtaining such necessary consent.
13.2. Usersagree to only provide accurate and current information, maintain the security of your passwords and identification and promptly update us about any change in the information submitted to us in connection with a User’s account. Users shall be fully responsible for all uses of your account. Users must not set up an account on behalf of another individual or entity unless authorized to do so.
13.3. Using the Services provided through the Website does not deem to grant you any right on the Website or does not make any User our member, shareholder or affiliate for any purpose whatsoever.
14. PROHIBITED CONDUCT:
14.1. You agree, undertake and confirm that your use of the Website shall strictly be governed, along with the other conditions provided for herein, by the conditions of this Clause 14 (Prohibited Conduct)
14.2. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which you do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging of money laundering or gambling, or otherwise unlawful in any manner whatsoever;
(c) is unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(h) infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, privacy rights (including without limitation unauthorized disclosure of a person's name, e-mail address, physical address or phone number) or rights of publicity);
(i) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture- installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) contains unauthorised videos, photographs, or images of another person;
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personally identifying information for commercial or unlawful purposes from other Users;
(o) engages in commercial activities and/or sales without our prior express and written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items, related to the Website;
(p) solicits gambling or engages in any gambling activity or other activity which we, in our sole discretion, construe as being illegal;
(q) interferes with another User's use and/or enjoyment of the Website and/or Services;
(r) refers to any website or links that, in our sole discretion, contains inappropriate material for the Website or any other website that contains content which is prohibited or violates the spirit of these Terms;
(s) harms minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or rights of publicity or privacy;
(u) deceives or misleads the Users about the origin of such messages;
(v) communicates any information which is grossly offensive or menacing in nature;
(w) impersonates another person; or
(x) violates any applicable law for the time being in force.
14.3. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Website content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
14.4. You shall not probe, scan or test the vulnerability of the Website or any network, neither connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of the Website, or any other customer, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
14.5. You shall not make any denigrating or defamatory statement(s) or comment(s) about the Website or the brand name or domain name used by us, or otherwise engage in any conduct or action that might tarnish our image or reputation any platform or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or systems or networks, or any systems or networks connected to the Website.
14.6. You may not use the Website, or any content available on the Website, for any purpose that isunlawful or prohibited by these Terms, or under applicable law, or to solicit the performance of any illegal activity or other activity which infringes our right or the right of others.
15. SHIPPING AND RETURN POLICY
15.1. Materials are usually shipped and delivered within one week of the payment being made by the Contributors or at the end of the Campaign period. Contributors may also make monthly contributions towards Campaigns. In such case, the products shall be delivered to the Beneficiaries at the start of the following month.
15.2. Delivery of the products will be completed either at the end of the term of the Campaign (or) once the Campaign reaches its goal. Our affiliated vendors may ship the products directly to the Beneficiaries and we shall take utmost care to deliver quality Materials. Once Materials are delivered, they will not be eligible to be returned. If there is any damage to the Materials during transit or if defective products are delivered, then such Materials may be replaced after vendor's confirmation.
16. REFUND POLICY
Funds contributed by Contributors towards a Campaign may be refunded upon request of the Contributor within 48 hours of making the contribution through the Website. Please write to [E-mail]from your registered e-mail address along with the details of the transaction for requesting a refund within 48 hours of making a transaction on the Website. Once Materials have been delivered to the Beneficiaries, no refund shall be processed. However, if the Campaign is abandoned or stopped for any reason, at our discretion, then the funds will be refunded back to the Contributor.
17. COMMUNICATION AND VARIATION
17.1. When you use the Website or send e-mails or transmit other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically, and as and when required.
17.2. We may communicate with you by email or through the Services interface, by postings on the Website or by such other reasonable mode of communication, electronic or otherwise.
17.3. We shall at, our sole discretion, modify the terms and conditions in these Terms and other policies referred to herein.
17.4. For any material changes, we may take reasonable steps to notify the User of such changes via e-mail, or by using the Service interface. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms.
17.5. In spite of such notifications, the User should return to these Terms periodically to ensure familiarity with the most current version of the Terms. The date on which these Terms were last updated is provided at the top of this document.
18. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
18.1. This Website, all the materials and information (including but not limited to campaigns) and Services, included or otherwise made available to you through this Website are provided without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, we do not warrant that:
(a) this Website will be constantly available, or available at all; or
(b) the information on this Website is complete, true, accurate or not- misleading, save and except what is directly provided to the User by us.
18.2. We will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. Nothing on the Website constitutes, or is meant to constitute, the advice of any kind and is not binding on any party.
18.3. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
18.4. WE AND OUR AFFILIATES, SHAREHOLDERS, EMPLOYEES AND DIRECTORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
18.5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND SERVICE.
19.1. The User shall indemnify and hold us, our officers, shareholders, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, against all claims, actions, penalties, prosecutions, proceedings, losses, disputes, charges, penalties, costs and expenses including reasonable attorneys' fees, that may arise or may be incurred by us as consequence of any default, breach, non-observance, non-performance or negligent act whatsoever by the User of any terms, conditions, stipulations, provisions and/or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party more particularly stated herein and/or in any individual agreements executed by us and the User.
19.2. You agree to release, indemnify and hold us and our affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any donations, any loans, any Campaigns, any User Content, your connection with the Services, your violation of these Terms or your violation of any rights of another person or User.
20. LINKED WEBSITES / APIS
20.1. The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the internet. We have no control over such sites, services and resources and we are not responsible for and does not endorse such sites, services, and resources.
20.2. We do not endorse, in any way, any third-party website(s) or content thereof. We do not take responsibility or liability for the actions, products, content, and services on the Website which are linked to its affiliates and/or third-party websites using the Website's APIs or otherwise.
20.3. further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Letsallhelp is not liable for any loss or claim that you may have against any such third party.
20.4. Youmay enable or log into the Services via various online third party services, such as social media and social networking services like Facebook or Twitter ("Social Networking Services"). By logging in or directly integrating these Social Networking Services into the Services, we make your online experiences richer and more personalized. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such Social Networking Services, and Letsallhelp shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Services.
21. COMPLIANCE WITH LAWS
The Contributors and Beneficiaries shall comply with all the applicable laws (including without limitation applicable foreign exchange and foreign contribution laws and regulations, anti-money laundering and anti-corruption laws, tax laws and requirements, import-export government policies, RBI directions) and adhere to other applicable compliances from time to time, that may be applicable to them respectively for using the Website.
22. INTELLECTUAL PROPERTY RIGHTS
22.1. Services Content, Software, and Trademarks: You acknowledge and agree that the Website and the Services may contain Content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Website. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by us from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Pravaas, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Letsallhelp.
22.2. Letsallhelp Name and Logo: The Letsallhelp name and logos are trademarks and service marks of Pravaas Socioimpact Private Limited (collectively the "Letsallhelp Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Pravaas Socioimpact Private Limited. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Letsallhelp Trademarks displayed on the Services, without the prior written permission in each instance. All goodwill generated from the use of Letsallhelp Trademarks will inure to the exclusive benefit of Pravaas Socioimpact Private Limited.
22.3. Third Party Material:Under no circumstances will Letsallhelp be liable in any way for any content or materials of any third parties (including that of Users and Campaigners), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Letsallhelp does not pre-screen content, but that Letsallhelp and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Letsallhelp and its designees will have the right to remove any content that violates these Terms or is deemed by Letsallhelp, in its sole discretion, to be otherwise objectionable.
22.4. CopyrightComplaints: Letsallhelp respects the intellectual property of others, and we ask all our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Letsallhelp of your infringement claim in accordance with the procedure set forth below:
(a) Letsallhelp will process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Letsallhelp’s Grievance Officer at [E-mail], with the subject line: "Takedown Request".
(b) To be effective, the notification must be in writing and contain the following information:
(i) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Website;
(iv) your address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Request is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.
(c) Letsallhelp shall (subject to applicable laws) make best efforts to review your Takedown Request within 72 (seventy-two) hours of receipt of your complaint and take necessary action accordingly.
(a) If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Grievance Officer:
(i) your physical or electronic signature;
(ii) identification of the content that has been removed or to which access has been disabled and
(iii) the location at which the content appeared before it was removed or disabled;
(iv) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(v) your name, address, telephone number, and email address;
(vi) a statement that you consent to the jurisdiction of the courts in Mumbai, Maharashtra, India and
(vii) a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, we will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 (ten) working days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with applicable law, we have adopted a policy of terminating accounts of, in appropriate circumstances and at our sole discretion, Users who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Services and/or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
23.1. TheUser hereby agrees and states that Letsallhelp is only a service provider to enable NGOs and other causes to be marketed, publicized, made aware of or campaigned for.
23.2. The User waives any and all rights to claims with respect to performance, advertisement or misrepresentation of any information available on the Website, and also waives his/her right to bring any action against Letsallhelp, whatsoever.
23.3. The failure of, or delay by, us to enforce any right or provision of the Terms or other policies referred to herein, shall not constitute a waiver of such right or provision.
24. DISPUTE RESOLUTION
24.1. As a User, you agree you are solely responsible for your interactions on the Website. We will have no liability or responsibility with respect to disputes arising between you and other Users.
24.2. Any dispute arising from the use of the Website or from the Services, or with inclusion of Letsallhelp as party (formal or otherwise), shall first be resolved amicably and in a reasonable time, by writing to us at firstname.lastname@example.org.
24.3. If the dispute cannot be settled amicably, such dispute shall be resolved by referring it to arbitration, in accordance with the Indian Arbitration & Conciliation Act, 1996, or in accordance with arbitration as per the applicable law.
24.4. The seat of arbitration shall be in Mumbai and the language to be used in all proceedings shall be English.
25. GOVERNING LAW AND JURISDICTION
25.1. All campaigns hosted by us on the Website platform are based in India. However, the Website may be accessed by persons residing/living in countries other than India. We welcome foreign Contributors to participate in and contribute towards campaigns by making financial contributions subject to existing Indian laws, along with any law applicable in the jurisdiction from which the donation is being made.
25.2. These Terms and all other policies referred to herein, shall be governed by and construed in accordance with the laws prevailing in India.
25.3. Any disputes relating to the Terms and all other policies referred to herein, shall, subject to Clause 18, be subject to the exclusive jurisdiction of courts in Mumbai, Maharashtra, India.
26.2. The User may not transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms, without express written consent from Letsallhelp.
The headings/titles in these Terms are for convenience only and have no legal or contractual effect.
If a provision of these Terms, or other applicable policies, is determined by any court, competent authority or applicable law to be unlawful and/or unenforceable, that part will be deemed deleted, while all other provisions of these Terms, or other policies, will continue to remain in full force and effect.