Janakalyan Sewa Sanstha is a charitable Trust. We do not provide any financial return in any form whatsoever, including but not limited to financial securities (debt or equity), interest, dividend, profit share, rewards in cash, to individuals who contribute on www.hedgewarhospital.com. Any contribution on www.hedgewarhospital.com by an individual, should not be construed as an investment in any form whatsoever.
Consolidated terms of use and terms and conditions
Please read these Terms of Use/Terms and Conditions carefully before using www.hedgewarhospital.com (the ‘website or the ‘Site’), owned by parent organization Janakalyan Sewa Sanstha (JSS) and its affiliated services or entities (combined called as the ‘organization’). This agreement sets forth the legally binding terms and conditions for your use of the website. By using the service/services in any manner, including, but not limited to, visiting or browsing the site or contributing content, information, or other materials or services to the site, you agree to be bound by this agreement.
These terms and conditions apply in addition to any other terms and conditions that the Organization or its affiliated organizations may ask you to sign at the time of making the contribution. The Organization may ask you to sign specific terms and conditions at different point of activities on the website.
Summary of Service
JSS runs an online platform where it runs campaigns to raise funds for their creative & innovative projects. We raise funds by asking for contributions from other users (‘contributors’ or ‘funders’). Through the Site, email, websites, and other media, the Organization 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 JSS, you as the campaigner are offering the public the opportunity to enter into a contract with you. By funding or contributing fundraising campaign on JSS website, you as the funder/contributor accept that offer and the contract between yourself and the Janakalyan Sewa Sanstha.
Acceptance of Terms
The Service is offered subject to acceptance of all of 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 Organization. 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 Organization 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.
Modification of Terms of Use
The Organization 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 Organization may also impose limits on certain features and services or restrict your access to parts or the entire 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.
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 the Organization and its Site and create a User profile using a “User ID” and password. The Site also allows you to use your Facebook profile as your login preference; however, the Site does not post or publishes anything on your Facebook profile without your permission. Also, please note that Facebook has a standard login procedure, which you must follow as a user; JSS has no control over 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 Organization 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 Organization in writing of any unauthorized use of your account, or other known account-related security breach.
Fund transaction and accountability
The Site offers various payment gateways to facilitate transaction of funds for campaigns. However, it may be noted that the Site or the Organization:
- Are the final recipients of any funds from the contributors directly, which enables receipt of funds (both domestic and foreign) by campaign runners for the beneficiaries.
- Collects the funds in the Organization bank account and utilizes the funds for the charitable objectives as mentioned in its bylaws.
- Makes no refunds. The amount once donated in non-refundable in any case.
- Does not offer the platform to users for investing in a project for the purpose of equity, loans/debt, or profit sharing.
- The donations are accepted only in Indian currency (INR). Foreign contributions in foreign currencies are not accepted.
- JSS shall issue Tax Rebate certificates for Indian contributions.
- hereby indemnify and agree to keep indemnified and hold safe and harmless the Organization, 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 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.
- In no event will the Organization 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.
- This Agreement shall be governed by and construed under the applicable laws of the Indian Union, and in respect of any suit, action or proceeding arising out of this Agreement to the jurisdiction of the courts of Amravati, Maharashtra, India only.
Fund transfer and management
JSS 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 crowd funding campaign. JSS deducts its transaction 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.
Foreign funds
Note for donors: Our FCRA registration process is under way. Hence foreign contributions will be restricted on our website payment gateway.
Taxation
JSS will bear any tax liabilities on the funds raised through donations received via the payment gateway. These taxes may include, but are not limited to, income tax, VAT, and service tax applicable on the fund’s raised. JSS is not liable to provide any tax or legal advice to campaigners in addition to the information already provided in this statement.
JSS branding & marketing
Proposed action plan for visibility to the significant donors and associates:
- We assure that name, logo and appropriate signage will be displayed at the visible location in the project premises.
- We shall publish the detailed project report supported by the donors in our annual report publication.
- We assure appropriate mileage to donors in our quarterly magazine ‘NIRAMAY’ and the facebook page.
- Also, the website shall display significant contributors as our major donor associate.
- We assure extensive media coverage to significant donations.
JSS’s rights
JSS reserves the right to make changes in its technology platform services at anytime as it sees fit with due notification to the users. JSS will not tailor its offering to various users. Users are requested to keep themselves updated with all changes on JSS’s platform and policies by regularly checking its website or with the Organization directly.
Third-Party Sites
The Site may permit owners and users to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Organization’s control, and you acknowledge that the Organization is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Organization
Terms and conditions for funders or contributors (Those Who Want To Give Funds)
General Terms
- The Purpose, which the Recipient has been clearly declared on the fund-raising page, and I have clearly understood the project and the utilization of funds.
- My contributions will go to the trust Janakalyan Sewa Sanstha, and will be utilized by the JSS for its charitable objectives.
- Any receipt or Tax Deduction Certificate (for Indian contributors only) will be issued by the Recipient to the extent of the funds received.
- This Agreement shall be governed by and construed under the applicable laws of the Indian Union, and in respect of any suit, action or proceeding arising out of this Agreement to the jurisdiction of the courts of Amravati, Maharashtra, India only.
Registration
Contributors can only fund a project by registering on the Site using the Site’s login procedures. The Site does not publish any content on their Facebook profiles without their permission.
Payment details
A contribution is a voluntary donation made by a contributor to a project’s campaign running on the Site for the purpose of raising funds. The contributor does not make the contribution for any monetary returns like equity or profit share in the project, neither is his/her contribution considered a loan to the project or its campaigner.
Fees and taxes
Contributors give their consent and authorize the organization to deduct the necessary commissions/taxes on the contributed amount before transferring to the final recipient i.e., the trust Janakalyan Sewa Sanstha.
Payment details
By funding a campaign, the contributors agree to provide their name, email address, phone number, and billing and shipping addresses, PAN. They also agree to provide the authorized online payment gateway of the Site, Razorpay, necessary & required details of their credit and debit cards for making an online contribution. Contributors agree to have sufficient funds or credit during making a contribution. Contributors are informed that their credit and debit card related details are not provided to the Organization or the Site by the online payment gateway & remain confidential.
Other contributor information
Contributors authorize the Site to provide organization their name and contact details for the purpose of delivering receipts and connecting regarding queries or updates regarding the funded project.
Additionally, they also authorize the Site to publish their name and image on the ‘Donate Now’ section of the website that is funded by them. None of the contributors’ funding amount is made public by the Site. Furthermore, by providing the Site their contact details, contributors agree to receive regular updates about the future donation campaigns on the Site through newsletters, emails, social media platforms etc.
Refund & Cancellation
You make contributions on the website are made towards Projects or people with the social impact as the primary cause. You understand that this contribution is not for purchase of any goods or services. Therefore, the contributions once cleared by the payment gateway will go towards the project you intended to give to, and therefore cannot be refunded or cancelled.
Rights of the project
Contributors agree to not claim any ownership in the project they fund through the campaign on the Site. The rights of the project remain with the organization.
Rules and Conduct
As a condition of use, you promise not to use the Site for any purpose that is prohibited by the Terms of Use or law. The Site and its’ services are provided only for your own personal, non-commercial use (except as allowed by in this Terms of Use). You are responsible for all of your activity in connection with the Site and its Services. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that:
- Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
- You know is false, misleading, or inaccurate;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;
- Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
- Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Organization or any third party; or
- Impersonates any person or entity, including any employee or representative of the Organization
- Users may not use the Organization’s Site for activities that: (i) violate any law, statute, ordinance or regulation; (ii) relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law; (iii) relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are by payment processors to collect payments on behalf of merchants, (e), are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing,or (f) provide certain credit repair or debt settlement services; (iv) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent; (v) violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices; (vi) involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from the Organization and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.”
- Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Organization in its sole discretion) an unreasonable or disproportionately large load on the Organization’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Organization may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
The Organization does not guarantee that any Content will be made available through the Service. The Organization has no obligation to monitor the Service or Content. The Organization reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a campaign or project; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (ii) remove or block any User or User Submission. JSS reserves the right not to comment on the reasons for any of these actions.
Termination Warranty Disclaimer
The Organization has no special relationship with or fiduciary duty to you. You acknowledge that the Organization has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Organization cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and projects. You release the Organization from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Organization makes no representations concerning any Content on the Site, and the Organization is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.
The Organization does not guarantee that any Content will be made available through the Site. The Organization has no obligation to monitor the Service or Content. The Organization reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a campaign or project; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. The Organization reserves the right not to comment on the reasons for any of these actions.
The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Organization, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
The Organization makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Organization will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Organization’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service. The Organization will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Organization’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Content and License
You agree that the Site contains Content provided by the Organization and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. The Organization grants to each User of the Site a worldwide, non-exclusive, non-sub licensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Organization, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
Intellectual Property
By submitting Content (User Submissions) on the Site, you agree to the following terms:
- The Organization will not have any ownership rights over your User Submissions. However, you agree to provide the Organization the license to perform and market the Site or the Organization on your behalf and on behalf of its other Users and itself. You grant to the Organization 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 Service, (b) the Organization’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 Organization does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
- You are publishing your User Submission and you may be identified publicly by your name or User ID in association with your User Submission
- You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.
- You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant JSS all of the license rights granted herein
- You will pay all royalties and other amounts owed to any person or entity based on your Submitting User Submissions to the Service or the Organization’s publishing or hosting of the User Submissions as contemplated by these Terms of Use
- The use or other exploitation of User Submissions by the Organization and Users as contemplated by this agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights
- The Organization shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions
- All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated
- The Organization will not be liable for any errors or omissions in any Content
- The Organization cannot guarantee the identity of any other Users with whom you may interact while using the Service
- All Content you access through the Site is at your own risk and you will be solely responsible for any resulting damage or loss to any party
- JSS reserves the right to cancel or suspend any campaign or delete any User Submission or terminate a User account if there is a complaint of infringement of the Content.
- JSS reserves the right to ban repeat infringers of Intellectual property from using the Site
Indemnification
You shall defend, indemnify, and hold harmless the Organization, its Site, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Service and Content, or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Organization reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Organization in asserting any available defenses.
Limitation of Liability
In no event shall the Organization, nor its directors, employees, agents, partners, vendors, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising) and (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination).
Electronic Delivery, Notice Policy, and Your Consent
By using the Site, you consent to receive from the Organization, all communications including notices, agreements, legally required disclosures, or other information in connection with the Site (collectively, “Contract Notices”) electronically. The Organization may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Site. This agreement and each Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai.
Governing Law
This agreement and Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Bangalore only.
Integration and Severability
These Terms of Use and other referenced material are the entire agreement between you and the Organization with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Organization with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Miscellaneous
The Organization shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Organization’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with the Organization’s prior written consent. The Organization may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
