VC108

Terms of Donations

Terms of Donations

TERMS OF DONATIONS
(Last Modified: February 8, 2022)

1.Definition
1.1 VC108 Foundation: – VAISHNAVACARE108 FOUNDATION is a non-profit and charitable organization registered u/s 8 of India’s Companies Act, 2013. VAISHNAVACARE108 FOUNDATION is hereinafter referred to as “VaishnavaCart108”.
1.2 Website: – www.vc108.org is the website owned by VaishnavaCart108 and hereinafter referred to as the “Website” / “Platform”. This Website is a crowdfunding platform which hosts and runs the campaign of crowd funding on it for raising funds for the needy persons in general or Vaishnavas &/or Vaishnava causes in particular (i.e. the Beneficiary).
1.3 Beneficiary: – Beneficiary for the Website/Platform is a needy person in general or a Vaishnava &/or Vaishnava cause in particular.
1.4 Recommender/Campaigner/Fundraiser: – is a person who recommends VaishnavaCart108 for hosting and running a fundraising campaign on the Website for the Beneficiary.
1.5 Campaign: – Means the campaign of crowd funding on the Website for raising funds for the Beneficiary.
1.6 Donor: – is a person who reads the Campaign on the Website and donates to the Beneficiary through online payment gateway and helps gather funds for the Beneficiary.
2. Donations made and transactions performed through the Website are governed by the terms set forth herein (“Terms of Donation”) and elsewhere in other terms given on the Website.
3. Donors may make contributions towards any Campaign on the Website provided such donation is in compliance with Indian law and the applicable laws in the jurisdiction of the Donor.
4. Donors can obtain access to certain information about the Fundraiser/Campaigner/Recommender and the Beneficiary on the Website.
5. While VaishnavaCart108 pre-screens, puts efforts to verify, does a background check and endeavours to select a genuine case for the Campaign (together the “Screening process”), such Screening process is not error-free, exhaustive or warranted by VC108 Foundation. VaishnavaCart108 is a platform only and posts the information that is provided to it by the Beneficiary or Beneficiary’s relatives/friends/well-wishers etc. and/or the Fundraiser. Donor agrees that in-spite of obtaining correct information from the Beneficiary or Beneficiary’s relatives/friends/well-wishers etc. and/or the Fundraiser, there may be errors while posting such information on the Website and that the Fundraiser and/or VC108 Foundations shall not be held responsible for such errors and the Fundraiser and VaishnavaCart108 shall not be liable for any claims, damages etc. pertaining to or arising therefrom.
6. By making a donation through the Website, each Donor hereby represents and warrants that such Donor has donated after reading these Terms of Donation and agreed to the ‘Terms of Use and Conditions’ and ‘Privacy Policy’ of VaishnavaCart108 and is donating with his/her free consent, independent judgement and without any force/coercion and that such Donor deems it appropriate under the circumstances and does not rely on VaishnavaCart108or its affiliates/office bearers for the accuracy, completeness or adequacy of the information supplied on the Website. Further, Donors agree that neither VaishnavaCart108 nor any of its affiliates or office bearers represent or warrant that the Beneficiaries of the Campaign shall use donated funds in the manner and for the purpose represented by them. VaishnavaCart108 shall not be liable to reply to any person regarding any query or question concerning use or utilization of funds by the Beneficiary.
7. Notwithstanding the foregoing and solely with a view to update the status of the Campaign, Donor may be sent from time-to-time updates about the progress/status of any Campaign and Donor hereby irrevocably consents to receive such communications; however, sending such update/s shall not be an obligation of VC108 Foundation and/or of the Fundraiser and receiving such updates shall not be the right of the Donor. VC108 Foundation will update the final status of the Campaign and/or the details of the donation amount transferred to the Beneficiary’s designated account, either on the Website and/or on the concerned WhatsApp groups of VaishnavaCart108. Donors can join any of such WhatsApp group and can get the update of the Campaign and/or the donation status, donation amount etc.
8. Donations from outside India shall be applicable to VaishnavaCart108 only upon VaishnavaCart108 obtaining of the concerned registration under India’s Foreign Contribution (Regulation) Act, 2010 (“FCRA”) and donations upon such registration shall then comply with the provisions of FCRA. Section 3 of FCRA specifies the prohibitions to accept foreign contributions. No donations by the Donor shall be in contravention to the provisions of FCRA (if applicable to VC108 Foundation).
9. Donors shall make donations through the Website using the online payment gateway specified on the Website. Such online payment gateway shall be governed by the applicable Laws. Donations donated for the Beneficiary shall first be deposited in VaishnavaCart108’s bank account in India. After the Campaign is hosted and run on the Website for the period (as per VC108 Foundation’s internal policies/management decision) and further after completion of an additional designated period (as per VC108 Foundation’s internal policies/management decision) from the day Campaign goes off line (i.e. when Campaign ends), VC108 Foundation transfers the donation amount to the Beneficiary.
10. By using the Website, each Donor hereby signifies its understanding, acceptance and agreement that VC108 Foundation is not engaged in providing banking or financial services; instead, all remittances to Beneficiary of Campaigns shall be made solely through the banks and other clearance and settlement systems regulated under applicable laws. Further, VaishnavaCart108 is neither a trustee nor does it assume any fiduciary responsibility with respect to the Campaigns or donations or transactions thereof.
11. Donor hereby authorizes VaishnavaCart108 and their respective service providers to collect, process, facilitate and remit funds through the banks, clearance and settlement systems, under applicable laws.
12. Donor acknowledges and agrees that there may be situations where a bank or a payment gateway company or any financial or a clearance and settlement institution declines, withholds or delays processing of donations or remittances and may require VaishnavaCart108 and/or the Fundraiser to provide any additional information or institute additional safeguards and/or any checks and balances, or to take any such other action as deemed appropriate in compliance with applicable law. Users, including Donors, hereby expressly agrees to cooperate and assist VaishnavaCart108 with any compliance obligations and help in resolving any queries and/or compliances such bank or a payment gateway company or a financial / clearance and settlement institution or governmental authority might ask.
13. Refusal/Cancellation/Refund/Reversal: – VaishnavaCart108 reserves the right to refuse to process donations by any Donor, including any questionable transaction; this includes, without limitation, suspected collusion between the Donor and the Fundraiser to bring about false impressions, mislead the Donors and the users of the Website or breach of any law or for any charges imposed by any banks or generally breach of any government policy or applicable or laws. Where VaishnavaCart108 suspects or has reasonable cause to doubt the credibility of the Donor and/or Campaigner, VaishnavaCart108 may refuse/cancel processing of such donation and/or return it after deducting any charges imposed by the Bank, processing charges and expenses therefor.
VaishnavaCart108 may also cancel any donation and return the donated amount to the Donor (“Reversal”) if a request to that effect is made by email to VC108 Foundation within 72 hours from the time of donation. Such request for Reversal (“Reversal Request”) has to be made to VaishnavaCart108 at its email id [vc108.foundation@gmail.com] giving Donor’s full name, address, phone number, email id, reason for cancellation of donation, donation details like amount donated, date and time of donation, mode of payment/donation, proof of donation etc. and bank details of Donor for Reversal. VaishnavaCart108 may also ask to furnish such other information for confirming the genuineness of the Donor, bank details etc for Reversal and Donor shall have to assist and cooperate with VaishnavaCart108 for this. VaishnavaCart108 may also be contacted for this purpose on +91- 9833161089. Reversal Request/Refund will be deemed valid only if it is made to the above-mentioned email id or the phone number within 72 hours from the time of donation and no Reversal shall be made after such 72 hours period. Reversal shall be made to the Donor’s bank account within 14 working days from the Reversal Request.
VaishnavaCart108 may delay notifying payment/ transaction confirmations if it suspects any transaction as suspicious. In addition, VaishnavaCart108 may hold-back funds raised and subsequently inform the concerned government authority or the law enforcement agency (instead of refunding the same to Donor) if VaishnavaCart108 deems in its sole discretion to be appropriate or expedient. VaishnavaCart108 reserves the right to Reversal at its sole discretion, including in the event of violation of any of these Terms of Donation. No interest or other charges shall be due or payable by VC108 Foundation on such reverses. Donor acknowledges that VaishnavaCart108 shall not be liable for any damages, interests, claims etc. resulting from not processing or any delay in such transactions/ funds/ donations.
14. VC108 Foundation will make available to Donors, benefits applicable to the Donations under India’s Income-Tax Act, 1961 like section 80G benefits, as and when such registrations are granted to VaishnavaCart108 by the concerned Income-Tax authority in India.
15. VaishnavaCart108 does not take any commission from the donations made to the Beneficiary through the Campaign run on the Website.