Terms of Use

1. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

2. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Privacy Policy and Terms of Use for access or usage of the website, www.giveawayindia.org

3. The domain name www.giveawayindia.org (hereinafter referred to as "Website") is licensed for use by Epik Innovations Private Limited, an Indian Company, duly incorporated under the Indian Companies Act, 1956, with its registered office at New No.2, Old No. 26, Chinna Reddy Street, Egmore, Chennai - 600008, India (hereinafter referred to as "GiveAway India").

4. Your use of the Website and services and tools are governed by the following terms and conditions as mentioned herein as applicable to the Website including the applicable policies, which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Epik Innovations Private Limited and these terms and conditions including the policies constitute Your binding obligations, with GiveAway India.

5. For the purpose of these Terms of Use, wherever the context so requires 'You' or 'User' shall mean any natural or legal person which shall include both Donors / Contributors (as defined hereinbelow) and Campaigner (as defined herein below) as and where applicable and to be understood so) who has agreed to become a member/user of the Website by providing Registration Data while registering on the Website or signing in through an Associated Partner (via the API), as a Registered User using the computer systems (all such Donors / Contributors/ and Campaigner shall hereinafter be collectively referred to as "User"). GiveAway India allows all person(s) to surf / explore the Website without registering on the Website. However, GiveAway India does not allow any contributors/donors to make financial contributions or contributions in kind to any of the campaigner without prior registration / signing in. The term "we", "us", "our" shall mean GiveAway India and the term "you" and your referred to herein shall deem to mean the User. 6. When You use any of the services provided by us through the Website, including but not limited to, (e.g. Reviews, Comments, Feedback, etc), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part and parcel of these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is the responsibility of the User to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions.. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the GiveAway India Privacy Policy.

6. When You use any of the services provided by us through the Website, including but not limited to, (e.g. Reviews, Comments, Feedback, etc), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part and parcel of these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is the responsibility of the User to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions.. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the GiveAway India Privacy Policy.

1. Services of GiveAway India

(i) GiveAway India is a marketing service provider and the Website merely provides platform services which can be utilized by Users (being Donors / Contributors and Campaigner) and persons browsing / visiting the Website to reach a larger base of people, organizations and causes. GiveAway India is only providing a platform for communication and it is agreed that the transactions whether gratuitous or otherwise shall always be bipartite between the Donor / Contributor and the Campaigner.

(ii) The Website is a platform that Donors utilize to meet and interact with various Campaigner and the representatives of several non profit organizations based on the representations of the campaigns started by such person(s) and/or a cause supported by such Campaigner and Non Profit Organisations, enter into transactions for making contributions or sharing information. All information provided about the campaigns, is that which is provided by the respective campaigner initiating the campaign and the non- profit organizations for which/on behalf of who the campaigns have been started to raise products.

(iii) The User acknowledges that GiveAway India is only a marketing service provider and GiveAway India makes does not verify the bona fides and genuineness of campaigns, GiveAway India cannot and does not verify specific data provided by Campaigner. Therefore, GiveAway India shall not in any manner be responsible or held accountable for any transaction between the Users.

(iv) GiveAway India has limited control over all campaigns and information listed and / or advertised on the Website the Campaign generated information and is merely an intermediary and does not interfere in the transaction between Donors / Contributors and Campaigner.

(v) It is hereby clarified that at no time shall GiveAway India hold any right, title or interest over the products or rewards (except to the extent as stated herein) or have any obligations or liabilities in respect of such providing the same to the Donor / Contributor. GiveAway India is not responsible for unsatisfactory or delayed performance of the campaign by the Campaigner.

2. Eligibility of the User (as defined hreinbelow)

(i) Use of the Site/Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site/Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member on GiveAway India and shall not transact directly (either contribute or campaign to receive donations / contributions) or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian, parents or through an organization / NGO competent to Contract on the Website. GiveAway India reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to GiveAway India's notice or if it is discovered that you are under the age of 18 years.

(ii) Organizational Campaigner / Legal Person's Registration: If you are registering as an Organization / Entity or generally Legal Person, not being a natural person, you represent that you are duly authorized by the Organization / Entity Management to accept these Terms of Use and you have the authority to bind the Organization / Entity to these Terms of Use.

3. Campaigner

(i) A Non Profit Organization/NGO/Homes/Orphanage, which is registered on GiveAway India and/or an person who is a supporter or intends to further the cause of such Non Profit Organizations, is permitted to present/host a campaigns on the Website of GiveAway India in accordance with the Policies which are incorporated by way of reference in this Terms of Use and any agreement entered into by GiveAway India and any such person (a Non Profit Organization registered with or is a member of GiveAway India and/or any person hosting a campaign on the Website of GiveAway India shall hereinafter collectively be referred to as a "Campaigner").

(ii) A Campaigner is bound and legally liable to to provide accurate, true and correct information in respect of the details of the cause for which the campaign is hosted for and raising products on our Website.

(iii) A Campaigner shall ensure that the description of the campaign must not be misleading and must describe need and use of the products to be raised. GiveAway India reserves the right to delete your campaign if it is brought to the notice of GiveAway India that the information provided by you is false, does not depict the true nature of the campaign or is misleading in any manner.

(iv) A Campaigner shall ensure that the information and the Fundraiser 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 products raised. If any rewards or promotions are being offered to the donors / contributors, you acknowledge the same if products, shall be kept in stock by you and if services personal or otherwise are fulfilled by you.

(v) It shall at all times be the responsibility of the Campaigner to furnish the Donor with accurate progress report and any other information that may be required by the Donor to track the utlisation of the products donated by the Donor to the Campaigner via GiveAway India.

(vi) You further agree that by listing your campaign on the Website, you shall at all times abide by various laws applicable to You including but not limited to the Income Tax Act, 1961, the Foreign Contributions Regulation Act, 2010, the Information Technology Act, 2000 as well as all rules and regulations made under the respective laws and as amended from time to time.

4. Donor

1. Any person who fulfills the eligibility criteria set out in clause B above shall be permitted to donate an amount higher than Rs. 10 in value to any campaign started/listed on the Website by any of the Campaigner ("Donor").

2. The Donor hereby agrees to make the payments for any campaign as per the terms and conditions stated herein.

3. The Donor further agrees and declares that the Donor is aware that GiveAway India has no responsibility to verify the accuracy of any statement and/or information furnished by the Campaigner with respect to any campaign pursuant to which the Donor has donated money(s) for any campaign via GiveAway India on the Website.

4. The donor will be sent timely updates about the progress/status of the fundraiser from both the campaigner and GiveAway India via SMS and email. In case one wants to opt out of this service, they need to log into their GiveAway India profile and disable the communications for that campaign.

5. The Donor shall conduct their independent due diligence with respect to any information/campaign listed by a Campaigner (which includes the non- profit organization) before making any donations on the Website as GiveAway India shall not be responsible in any manner for any misrepresentation and/or false information that may be listed on the Website.

6. In the event a campaign is listed by any person on behalf of a non-profit organization/NGO/Homes/Orphanage, the Donor shall approach only the particular non- profit organization for which the Donor has donated the products to track the utilization of the products donated or any other information that may be required by the Donor. The Donor hereby agrees and declares that the Donor is aware that GiveAway India shall at no point of time be held answerable or accountable for any money(s) once the products donated have been handed over to the non-profit organization in respect of which donations have been made.

5. User Account and Registration Obligations

(i) By using the Website, You shall be responsible for maintaining the confidentiality of your Login Name and Password, and You shall be responsible for all activities that occur under your Login Name. You agree that if any information provided by You that is inconsistent, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is inconsistent, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, We reserve the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse You access to the Website.

6. Communications

(i) When You use the Website or send emails or other data, information or communication to GiveAway India, You agree and understand that You are communicating with GiveAway India through electronic records and You consent to receive communications via electronic records from GiveAway India periodically and as and when required. GiveAway India may communicate with You by email or by such other mode of communication, electronic or otherwise.

7. Platform for Information, Communication and Transaction

(i) The Website is a platform that Donors utilize to meet and interact with various Campaigner and the representatives of several non profit organizations/NGO's/Homes/Orphanages based on the representations of the campaign started by such person(s) and/or a cause supported by such Campaigner and Non Profit Organisations, enter into transactions for making contributions or sharing information. All information provided about the campaigns, is that which various Campaigners provide.

(ii) The User acknowledges that GiveAway India is only a marketing service provider and GiveAway India does not verify the bonafides and genuineness of campaigns, GiveAway India cannot and does not verify specific data provided by Campaigner. Therefore, GiveAway India shall not in any manner be responsible or held accountable for any transaction between the Users and the campaign.

(iii) All commercial/contractual terms are offered by and agreed to between the Campaigner and Donors / Contributors alone. The commercial/contractual terms include without limitation the representations made by the Campaigner including, products to be raised, use of the products raised, costs incurred, warranties related to the final use of the products, the effectiveness of the utilization of the products, the impact of the campaign, the rewards offered by the Campaigner and the contributions made by the Users. GiveAway India does not have any control or does not determine or advise or in any way involve itself in either determining any details of the campaign or the offers of Campaigner or acceptance of such commercial/contractual terms between the Donors / Contributors and the Campaigner.

(iv) GiveAway India does not make any representation or Warranty as to specifics (such as final utilization of products, value, impact, rewards, etc.) of the campaigns on the Website other than those representations that are expressly made for individual campaigns. Notwithstanding any representations made, Users are free to independently verify the veracity of any statement made on the Website. GiveAway India does not implicitly or explicitly support or endorse any of the campaigns on the Website. GiveAway India accepts no liability for any errors or omissions, whether on behalf of itself or any of the Campaigner.

(v) GiveAway India is not responsible for any non-performance or under-performance of any of the commitments made by the Campaigner or for any contractual obligations (E.g. Rewards) entered into between Contributors and the Campaigner. GiveAway India cannot and does not guarantee that the concerned Campaigner will perform any commitment concluded on the Website. The Campaigner shall at all times be responsible for and ensure that the performance of the Rewards offered by them, in the event of any failure of the fulfillment of the obligations of the Campaigner, the same shall be settled between the parties directly and GiveAway India shall not be held responsible for any such default/non performance of the obligations of the Campaigner and at no time shall GiveAway India be required to mediate or resolve any dispute or disagreement between Contributors and Campaigner. However, GiveAway India does welcome feedback as well as grievances of Users to be brought to its attention so that it may take steps that it deems appropriate for improvement of the User experience on the Website

(vi) GiveAway India does not make any representation or warranty as to the campaign specifics (such as the eventual impact, use of products, efficiency of Campaigner, etc) of any of its Campaigner. You are advised to independently verify the bonafides of any particular Campaigner that you choose to donate or contribute to, on the Website and use your best judgment in that behalf.

8. Charges

(i) GiveAway India does not charge any fee for browsing on the Website. GiveAway India's charges are limited to the facilitation fee (including platform / collection fees and transactional charges) which is charged to the beneficiaries of the products raised on GiveAway India on the terms and conditions agreed to between GiveAway India and the beneficiaries of the products independently. GiveAway India reserves the right to change its Fee Policy from time to time. In particular, GiveAway India may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event GiveAway India reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.

9. General Rules for the Use of the Website

You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:

(i) You shall not host, display, upload, modify, publish, transmit, update or share any information which:

(a) belongs to another person and to which You does not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or 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;

(c) is misleading in any way;

(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 libellous;

(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email 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 a video, photographs, or images of another person (with a minor or an adult).

(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 request, or other areas of the Website or solicits passwords or personal 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 which GiveAway India, in Our sole discretion, believes is or could be construed as being illegal;

(q) interferes with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services;

(r) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(s) Harms minors in any way;

(t) Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;

(u) Violates any law for the time being in force;

(v) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(w) Impersonates another person;

(x) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(ii) You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any 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.

(iii) You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

(iv) 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 or visitor to 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.

(v) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about GiveAway India or the brand name or domain name used by GiveAway India, or otherwise engage in any conduct or action that might tarnish the image or reputation, of GiveAway India on any platform or otherwise tarnish or dilute any of GiveAway India's 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 GiveAway India systems or networks, or any systems or networks connected to GiveAway India.

(vi) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

(vii) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

(viii)You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of GiveAway India and / or others.

(ix)You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws (specifically the Foreign Contribution Regulation Act, 2010 and the rules made thereunder), Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. Further, no donation or contribution either for reward or otherwise shall be made for any reason or as consideration for any transaction other that which is the subject of the campaign and in no event shall any donation or contribution be used for any purpose that is considered unlawful or against public policy as per the applicable laws in India.

(x) Solely to enable us to use the information You assign to us rights, You might have in your Information, You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.

(xi) From time to time, You shall be responsible for providing information relating to the donations / contributions made by you and required to be disclosed under applicable laws. In this connection, You undertake that all such information shall be accurate in all respects and that only You shall be solely responsible for any incorrect or knowingly false information provided by You.

(xii) You shall not engage in advertising to, or solicitation of, other users of the Website to Campaigns or services, including, but not limited to, campaigns related to those being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in our sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

(xiii) We reserve the right, but have no obligation, to monitor the materials posted on the Website by Campaigner or generally by Users on any one of the interactive platforms provided on the Website. GiveAway India shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect GiveAway India's views. In no event shall GiveAway India assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.

(xiv) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

(xv) It is possible that other Users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

(xvi) GiveAway India shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

10. Contents Posted on Site

(i) All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and GiveAway India has no control over such third party user generated content as GiveAway India is merely an intermediary for the purposes of this Terms of Use.

(ii) Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without GiveAway India's express prior written consent.

11. Limited License

(i) GiveAway India grants beneficiaries/campaigners a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Products raised through GiveAway India", "Powered by GiveAway India" and/or "via GiveAway India" name and/or logo on Campaigner' invoice / certificate of donation for transactions concluded on the Website. Further, GiveAway India grants beneficiaries/campaigners a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "www.giveawayindia.org" name and/or logo on stationery used by the beneficiaries/campaigners for delivery of Communications / Receipts / Certificates, etc. provided on the Website.

12. Linked Websites / APIs

(i) GiveAway India does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using the Website's APIs or otherwise. In addition, Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, GiveAway India assumes no responsibility for examining or evaluating the products and services or generally information offered by them. GiveAway India does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). GiveAway India does not endorse, in any way, any third party website(s) or content thereof.

13. Privacy

(i) We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at (www.giveawayindia.org/privacy-policy). If You object to Your Information being transferred or used in this way please do not use Website.

14. Disclaimer of Warranties and Liability

(i) This Website, all the materials and information (including but not limited to campaigns) and services, included or otherwise made available to You through this site are provided on a "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, GiveAway India does not warrant that:

  • This Website will be constantly available, or available at all; or
  • The information on this Website is complete, true, accurate or non-misleading save and except as provided herein and which information is provided by the Campaigner themselves and none that which is provided or verified by GiveAway India.

(ii) GiveAway India 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, advice of any kind.

(iii) You will be required to enter a valid phone number and e-mail address while making a donation / contribution on the Website. By registering Your phone number and e-mail address with us, You consent to be contacted by us and/or the Campaigner via phone calls and / or SMS notifications, in case of any reward or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS unless the same is consented to by you.

15. Financial Transaction Facility - Donors / Contributors

(i) While availing any of the payment / donation / contribution method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

  • Lack of authorization for any transaction/s, or
  • Exceeding the preset limit mutually agreed by You and between your "Bank/s", or
  • Any payment issues arising out of the transaction, or
  • Decline of transaction for any other reason/s

(ii) All payments made towards the donations / contributions on the Website by you, shall be compulsorily in Indian Rupees acceptable in the Republic of India if you are an Indian National. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website if you are an Indian National. All payments made towards the donations / contributions on the Website by you, shall be compulsorily through the Foreign Payment Gateway if you are not an Indian National. Website will not facilitate transaction through the Indian Payment Gateway with respect to the donations / contributions made on Website if you are not an Indian National.

(iii) You have categorically authorized GiveAway India or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or Razorpay (or any other authorized agent) to and from other Users in respect of transactions through Payment Facility. Your relationship with GiveAway India is on a principal to principal basis and by accepting these Terms of Use you agree that GiveAway India is an independent contractor for all purposes, and does not have control of or liability for the campaigns that are listed on GiveAway India's Website wherein money is transacted by using the Payment Facility.

(iv) You understand, accept and agree that the payment facility provided by GiveAway India is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through, collection and remittance facility for the Transactions on the GiveAway India Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, GiveAway India is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

(v) GiveAway India reserves the right to refuse to process Transactions by Donors / Contributors with a prior history of questionable transactions including without limitation to collusion between the Donor and Campaigner to bring about a false impression or mislead other Users of the Website or breach / violation of any law or any charges imposed by Issuing Bank or breach of any policy.

(vi) GiveAway India may delay notifying the transaction / products confirmation i.e. informing beneficiaries, if GiveAway India deems suspicious. In addition, GiveAway India may hold transaction price / amount and inform law enforcement officials (instead of refunding the same to Donor) at the request of law enforcement officials or in the event the Donor / Contributor or Campaigner for that matter, is engaged in any form of illegal activity.

(vii) The Donor / Contributor acknowledge that GiveAway India will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction / Transaction Price or any delay in processing a Transaction / Transaction Price which is beyond control of GiveAway India.

(viii) GiveAway India shall be discharged of any/all liability towards the Campaigner and contributors/donors and the Campaigner, donors, contributors shall not be eligible for any claims and/or refunds thereof.

16. Financial Transaction Facility - Campaigner

(i) You, as a Campaigner, shall be required to register yourself with GiveAway India and provide GiveAway India with all the necessary information as may be deemed by GiveAway India from time to time including but not limited to banking details / income tax details such as PAN and registration certificates under various provisions and laws, etc. Further, fulfill the commitments made to the Donor / Contributor in the manner as detailed in the Campaign and in a timely manner. GiveAway India may seek information regarding the use of the products raised by the Campaigner even after the Campaign has ended and provide the details to the Donors / Contributors.

(ii) The products collected towards each Campaign shall be transferred to the beneficiaries your voicing for, as per the details provided to you at the end of the Campaign and net of the GiveAway India's platform facility fees. If at any time either during or after the Campaign, You are unable to fulfill your commitments, or out of requirement under law, You shall return the money/products to the Donor / Contributor within a timely manner. (iii) Remittances to the beneficiaries for their successful transactions will be in terms of products/packages only.

(iv) As per the above guidelines, the Campaigner expressly agrees that the next working day following the day the Campaign ends or is determined, shall be deemed to be the day that the transaction between the Donor / Contributor is completed. GiveAway India shall settle all products net of its fees to the address of the beneficiaries in accordance with the rules set out by the Reserve Bank of India in the Intermediary Guidelines.

17. Compliance with Laws:

(i) The Donor / Contributor shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 2010 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and GiveAway India Website.

18. Donor's / Contributors arrangement with Issuing Bank:

(i) All Valid Credit/Debit/Cash Card and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Donor / Contributor and the respective Issuing Bank and payment instrument issuing company.

(ii) All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank, which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between the Donor / Contributor and the respective Issuing Bank.

19. Breach

(i) Without limiting other remedies, we may limit Your activity, immediately remove Your information, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Website in the event, but not limited to:

  • If You breach the Terms of Use or Privacy Policy or other Policies, if any;
  • If we are unable to verify or authenticate any information You provide; or
  • If it is believed that Your actions may cause legal liability for You, other users or us.

(ii) We may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if You breach the Terms of Use or Privacy Policy or other ruler and policies, we reserve the right to recover any amounts due and owing by You to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.

20. Indemnity

(i) The Campaigner shall indemnify and hold harmless GiveAway India, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, against all claim, actions, penalties, prosecution, proceedings demand losses, disputes, charges, penalty, costs and expenses including reasonable attorneys' fees, that may arise or may be incurred by GiveAway India as consequence of any default, breach, non-observance, non performance or negligent act whatsoever by the Campaigner 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 GiveAway India and the User.

21. Waiver

(i) The User hereby agree and state that GiveAway India is only a service provider to enable the Non profit organizations/NGO’S/Homes/Orphanages and Campaigner to market/publicize/create awareness/advertise their respective cause/campaigns and GiveAway India shall in no way be responsible for the performance and/or liable for any mis-representation of any information provided by the Campaigner in any manner whatsoever and the User hereby waives his/her/their/its right to bring any action/cause/dispute against GiveAway India for any reason whatsoever.

22. Modifications and Alterations

(i) The User shall be entitled to avail the service of GiveAway India via its website and otherwise subject to the terms, conditions, provisions and stipulations mentioned in this Terms of Use and/or other document, agreement or writing executed/ entered into by GiveAway India and the User individually and any modifications alterations made therein by GiveAway India from time to time.

(ii) Further, GiveAway India shall at its discretion be entitled to modify the terms and conditions of the terms of use and qualifications and conditions mentioned herein. The User at all rimes shall be bound by the rules/regulations/qualifications/conditions (as may be altered) at all times and no person shall be entitled to dispute/challenge any such modifications/alterations undertaken by GiveAway India from time to time.

23. Applicable Law & Jurisdiction

(i) Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. By agreeing to these Terms of Use you expressly agree that the place of jurisdiction shall be exclusively in Chennai. GiveAway India is based in India in all respects. The Campaigns that are hosted by GiveAway India are also based in India. The Website may be accessed by persons residing / living in countries other than India as well. GiveAway India welcomes Foreign Donors / Contributors to participate in campaigns by making donations and contributions which shall be subject to the existing Indian laws. Those who choose to access this site from other locations/Countries other than India do so on the understanding that all transactions are bipartite in nature between the Campaigner and the Donor / Contributor. GiveAway India shall not be held liable for any dispute between the two parties. For any disputes involving GiveAway India whether as a formal party or otherwise, the jurisdiction shall exclusively be with the courts in Chennai, India.

24. Dispute Resolution

(i) Any dispute involving GiveAway India, whether as a formal party or otherwise shall be resolved by Arbitration of a sole Arbitrator appointed by GiveAway India and in accordance with the Indian Arbitration and Conciliation Act, 1996. The seat of Arbitration shall be in Chennai and the language to be used in all proceedings shall be English.

25. Limitation of Liability

(i) In no event shall GiveAway India be liable for any incidental, indirect or consequential damages of any kind in connection with theses terms of use.

26. Contact Us

Please send any questions or comments regarding this Website to contact@giveawayindia.org

27. Grievance officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Nareshwar Sivanesan
Epik Innovations Private Limited
New No.2, Old No.26,
Chinna Reddy Street,
Egmore, Chennai - 600 008 (India)
Phone: +91-44 -28193292
Email: contact@giveawayindia.org
Time: Mon - Sat (10:00 - 20:00)