1. Introduction
The Terms and Conditions (hereinafter referred to as these “Terms”) contained herein on this Platform, shall govern use of this Platform, including all the links, website, and components (hereinafter collectively referred to as the “Platform”). These Terms Platform in full force and effect to your use of the Platform and by using the Platform, you expressly accept all terms and conditions mentioned hereunder. The Terms shall bind the person, group of persons or anyone using the Platform (hereinafter referred to as “User”) and is also denoted by words like “you” or “yours” and service provider or Aarambha Technologies Pvt. Ltd. (hereinafter referred to as “Aarambha”) to abide by the Terms.
2. Intellectual Property Rights
The contents, logo, process, service delivery mechanisms contained in the Platform are the Intellectual Property of the Aarambha and shall not be copied or transmitted without authorization. Aarambha reserves the exclusive right over its Intellectual Property. Users are granted a limited license only, subject to the restrictions provided in the Terms, for the purpose of viewing and usage of the material contained in the Platform.
3. Restrictions
User are expressly and emphatically restricted from all the following:
◦ Publishing any material contained in the Platform in any media,
◦ Selling, sublicensing, and/or otherwise commercializing any contents of the Platform,
◦ Misusing the contents of the Platform with illegal or intention to affect the business of Aarambha,
◦ Usage of the Platform subject to the violation of law,
◦ Usage of the Platform in any way that may or shall impact user access to the Platform,
◦ Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to or usage of the Platform.
Aarambha reserves the sole right to set and limit restrictions and may further restrict access to the Platform by User at any time, at its sole discretion. Any user ID and password you may have for the Platform are confidential and User must maintain confidentiality of such information.
4. User Content and Interface
In these Terms, “User Content and Interface” shall mean any data, information, audio, visual, text, images, or any other material you choose to provide to Aarambha or display on the Platform. By input of the data and contents, by displaying it, User grants a non-exclusive, irrevocable, royalty free, worldwide and sublicensable license to use, publish, translate, process and distribute it in media in relation to the Platform.
5. Summary of Service
Aarambha is an online platform where certain users (‘Campaigners’) run campaigns to raise funds for their charitable cause, creative & innovative projects. They raise funds by asking for contributions from other users (‘contributors’ or ‘funders’) in return for tangible and intangible rewards or without rewards. Through the Site, email, websites, and other media, the Company makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Campaigners, contributors or funders, and other visitors (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. “User Submissions” means any Content Submitted by Users. By creating a fundraising campaign on Aarambha, you as the campaigner are offering the public the opportunity to enter a contract with you. By funding or contributing fundraising campaign on Aarambha, you as the funder/contributor accept that offer and the contract between the campaigner and the funder/contributor. Aarambha is not a party to that agreement between the campaigner and the funder/contributor. All dealings are solely between Users.
6. Acceptance of Terms
The Service is offered subject to acceptance of all the terms and conditions contained in these Terms of Use, including the Privacy Policy (that can be found on the website) mentioned in this document and all other operating rules, policies, and procedures that may be published on the Site, which are incorporated by reference and may be updated by the Site without notice to you. In addition, some Services offered through the Site may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. The Services of the Site is available only to individuals who need their funds transferred to an Indian bank account. The Company may, in its sole discretion, refuse to offer the Site’s services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site’s services is revoked in those jurisdictions.
7. Modification of Terms of Use
Aarambha reserves the right, at its sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the site and its services (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all the website without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
8. Registration
You may view Content on the Site without registering, but as a condition of using certain aspects of the Site, you may be required to register with Aarambha and its Site and create a user profile using a “User ID” and password. On Aarambha, you can use your Google and Facebook profile as your login preference; however, the Site does not post or publish anything on your Facebook, Google profile without your permission. Also, please note that Facebook has a standard login procedure, which you must follow as a user; Aarambha has no control over Google’s or Facebook’s login procedure. Additionally, you shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or project name, any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User’s expressed permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.
9. Fund Transaction and Accountability
Aarambha offers various payment gateways to facilitate transaction of funds for campaigns. However, it may be noted that the Site or the Company:
• Are not the final recipients of any funds from the contributors directly, but a service provider, which enables receipt of funds (both domestic and foreign) by campaign owners, who are the final recipient of funds
• Collects the funds in the Company bank account till the campaign is running for a time period chosen by the campaigner. And transfers the funds to the campaign’s bank account 15 days after the campaign’s time period has ended
• Makes refunds after deducting necessary transaction fee to the contributor, who has chosen to get a refund in the event of a campaign not being able to raise its target amount
• Does not generate contributions and contributors for a campaign
• Does not guarantee that the target funds of a campaign will be raised fully
• Does not offer the platform to users for investing in a project for the purpose of equity, loans/debt, or profit sharing
10. Conditions for Fundraisers
• You are solely responsible for utilizing the funds for the Purpose mentioned in our fund-raising page. The Company is not responsible in any way whatsoever towards the end utilization of funds. And you are solely responsible for utilizing the giveaway items or volunteers if asked for.
• This fund-raising page on the Platform will be available to the general public for contributions for 30 days from the time You published the page on the Platform. You may or may not be able to raise the targeted amount in the designated period. The Company at its sole discretion may extend the tenor of hosting or may remove this fund-raising page.
• The Company will not be responsible in any way whatsoever on the number of contributions received.
• The Company will collect contributions online and will provide the total amount to us. Therefore, you shall receive the funds in 35 days from the time you list the project. The Platform will provide us the list of contributors, and their respective contribution amount at the time of transfer of funds.
• You understand that the funds are not owned by the Company. You completely agree to the disbursement of funds after 35 days for the ease of operations.
• Aarambha and the payment gateway will deduct their fees and applicable taxes before providing the funds.
• In no event will the Company be liable for any indirect, incidental or consequential damages (including loss of profit or business), howsoever arising, whether under contract, tort or otherwise, even if informed of the possibility of the same.
11. Fund Transfer and Management
Aarambha only enables the flow of funds from funders to campaigners and is not the final recipient of funds raised on its platform, unless running a proprietary crowdfunding campaign. Aarambha deducts its transaction fees, aarambha success fees (including service tax) and transfers the net amount. If the campaigner has not met their funding goal, the transfer amount does not include the contributions chosen for a refund.
12. Foreign Funds
Note for NGOs: You must be registered/approved with the Social Welfare Council to be able to receive foreign donations. Else foreign contributions will be restricted on your campaign.
13. Taxation
Campaigners must bear any tax liabilities on the funds raised through Aarambha. These taxes may include, but are not limited to, tax levied on donations, income tax, VAT, and service tax applicable on the fund’s raised or on the procurement of rewards. Aarambha is not liable to provide any tax or legal advice to campaigners.
14. Project Completion
While campaigners have full project ownership and the right to complete it, they are accountable and obliged to finish the project by the deadline they have set. Campaigners must also keep the funders updated about the work in progress in case of delays to avoid funder’s dissatisfaction. Aarambha does not make any claims or guarantees on behalf of the campaigner regarding the completion of the project and usage of the funds raised solely for the purpose of the project. Similarly, the Company or the Website does not take any responsibility for making sure that the project for which the funds are raised through its Site is completed and made available to the contributors. The contributors are free to get in touch with the campaign owner directly and solving any dispute that arises regarding the campaign or the project.
15. Branding & Marketing
Campaigners must include Aarambha’s logo branding on all project and/or campaign related marketing collaterals, whether online or offline (e.g., online banners, offline flyers) as per Aarambha’s brand and logo guidelines. Aarambha should be credited as the project’s “Online Crowdfunding Partner” at campaign or project related offline events. Also, successful campaigners are obliged to attend and/or lead Aarambha’s branding & marketing activities such as events, ad videos, interviews, etc.
16. Campaign Cancellation
Aarambha reserves the right to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. Aarambha is not liable for any damages as a result of any of those actions. Aarambha’s policy is not to comment on the reasons for any of those actions.
17. Aarambha’s Rights
Aarambha reserves the right to make changes in its technology platform or crowdfunding services at any time as it sees fit with due notification to campaigners and other users. Aarambha will not tailor its offering to various campaigners. Users are requested to keep themselves updated with all changes on Aarambha’s platform and policies by regularly checking its FAQs or with the Company directly.
Aarambha will not have any ownership rights over your User Submissions and Content. However, Aarambha will get the license to perform and market the Site on your behalf and on behalf of its other Users and itself. You grant Aarambha the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to)
(i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with
(a) the Site,
(b) the Company’s (and its successors’ and assigns’) businesses,
(c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third-party websites);
(ii) take whatever other action is required to perform and market the Service;
(iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and
(iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
18. Data Privacy
The data and personal information including but not limited to name, address, age, audio images, bank account details shall be kept securely by Aarambha and shall not be made available to anyone outside Aarambha or Platform, except legally required to do so by the action of law. Aarambha shall make all necessary arrangements and take all possible practical standard precautions to protect the privacy and data of User.
19. No Warranties
Aarambha makes no express or implied representations or warranties, of any kind related to the Platform or the materials contained on the Platform. Nothing contained in the Platform shall be construed as providing consultation, solicitation, representation, or warranty.
20. Limited Liability
In no event shall Aarambha, nor its directors or employees, be liable to User for anything arising out of or in any way connected with the usage of the Platform, whether such liability is under contract, tort or otherwise and Aarambha, including its directors and employees shall not be held liable for any indirect, consequential, or special liability arising out of or in any way related to usage of the Platform.
21. Indemnification
User hereby indemnifies Aarambha from and against all liabilities, costs, demands, causes of action, damages and expenses including but not limited to attorney fees, court fees arising out of or in any way related to breach of any provisions of these Terms.
User hereby indemnify and agree to keep indemnified and hold safe and harmless the Company, its Directors, employees and agents against all such liabilities or claims and also against any loss or damage that may arise on the Party, its Directors, employees and agents on account of acts of omission, utilization of funds by us on anything other than the stated Purpose, lack of necessary regulatory approvals for receipt of funds in any form or for carrying out the activities required for execution of the Purpose. The indemnities if any shall survive beyond the period of the Agreement.
22. Severability
If any provision or provisions of these Terms is found to be unenforceable or invalid under Platformlicable law, such enforceability or invalidity shall not render these Terms unenforceable or invalid, and such provisions shall be deleted without affecting the remaining provisions herein.
23. Variation of Terms
Aarambha reserves the right to revise these Terms at any time as it sees fit, and by using the Platform and by agreeing to these Terms you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of the Platform.
24. Assignment
Aarambha shall assign, transfer and/or subcontract its rights and/or obligations under these Terms without any notification or consent required. However, the User shall not assign, transfer or subcontract any of your rights and/or obligations under these Terms.
25. Termination
Aarambha may terminate the agreement at any point of time should it have material evidence of misuse of funds, or absence of requisite regulatory approvals to raise funds or carry out the Purpose.
26. Validity
This Agreement shall be valid for a period of 180 days from the date of acceptance.
27. Entire Agreement
These Terms, including any legal notices, policies, and disclaimers on the Platform, constitute the entire agreement between Aarambha and User in relation to the usage of the Platform, and supersede all prior agreements and understandings with respect to the same.
28. Governing Law and Jurisdiction
Terms shall be governed by the laws of Nepal with the exclusive jurisdiction to court in Kathmandu.
I declare that I am 18 years or older and with a sound mind to understand these Terms.
I, User, have read and understood the Terms in English language and shall abide and bound by the Terms mentioned herein.