Terms & Conditions

www.fundmitr.com is an online platform connecting donors and donees. 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.fundmitr.com .

LAST UPDATED: October 31st, 2021

Please read these Terms of Use/Terms and Conditions carefully before using www.fundmitr.com (“The Website / Platform”).

Consolidated terms of use and terms and conditions

Please read these Terms of Use/Terms and Conditions carefully before using www.fundmitr.com

(the ‘website or the ‘Site’), owned by parent company Fundmitr Social Private Limited and its affiliated companies or entities (combined called as the ‘company’). 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 Company or its affiliated organizations may ask you to sign at the time of making the contribution. The Company may ask you to sign specific terms and conditions at different point of activities on the website.

Summary of Service

Fundmitr Social Private Limited along with Fundmitr Social Ventures Inc. operate an online platform www.fundmitr.com (“Platform”) where users looking for financial assistance for medical causes or for creative / innovative projects or charitable purposes run campaigns on the Platform. Accordingly, Users can use the Platform in capacity of a) User seeking financial aid initiate fundraising campaign on Platform to raise funds (“Campaigner”) including but not limited to individuals, organizations, NGOs; b) User willing to donate towards any such campaign on Platform (“Donor / Funder”); c) Users who are browsing the Platform “Visitors”.

The funds are collected on the Platform (under a fundraising campaign) through two (2) separate entities namely:

Fundmitr Social Private Limited or any of its Indian affiliate – This entity collects and processes ONLY the Indian / INR contributions made on the Platform on any campaign and separately disburses the same to the Campaigner / beneficiary or towards the purpose of the Campaign;
Fundmitr Social Ventures Inc. or any of its affiliate – This entity collects and processes ONLY USD or other currency contributions (other than made in INR) made on the Platform on any campaign and separately disburses the same to the Campaigner / beneficiary or towards the purpose of the Campaign;
The Indian funds and foreign funds on the Platform are collected, processed and disbursed through above mentioned separate entities.

Fundmitr Social Private Limited and Fundmitr Social Ventures Inc. tries its best to check the veracity of the fundraising campaigns, its purpose and the Campaigners before the release of funds to Campaigner, however, we do not 100% guarantee that funds raised on campaigns shall be utilized for purpose of the campaigns. We assume no responsibility to verify whether the donations are used in accordance with any applicable laws, and such responsibility rests solely with the Campaigner. While we have no legal obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Use, we use our curated verification and safety measures with respect to the campaigns to curb the fraudulent activities and the misuse of funds raised. If You have reason to believe that a Campaigner is not raising or using the funds for their stated purpose, please Mail us on info@fundmitr.com to alert our team of this potential issue and we will investigate to the best of our abilities.

Acceptance of Terms

Users accept the Terms & conditions of the Platform and enters into a binding contract with Fundmitr Social Private Limited and Fundmitr Social Venture Inc. by:

creating an account on the Site;
signing up on the Site; and /or
making use of the feature of the Site or the Services available therein, You agree and acknowledge that You are eligible to contract with Us;
You have read the Terms of Use; and
You agree to be bound by the Terms of Use.

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 Site) 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 Company without notice to you. In addition, some Services offered through the Site may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

Modification of Terms of Use

The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the Site and its services (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the website without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

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 Company and it’s 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 publish 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; Fundmitr 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 Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User’s expressed permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.

User Content Submissions

Through the Site, email, websites, and other media, the Company makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, 'Content'). Users may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ('Submit') Content. By creating a fundraising campaign on the Site, You as the Campaigner are offering the public the opportunity to enter into a contract with You. By funding a campaign on the Site, You as the Funders / Donors accept that offer and the contract between the Campaigner and the Funders. Neither www.fundmitr.com nor the Owners are party to that agreement between the Campaigner and Funders. All dealings are solely between Users.

Users will not Submit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. The Company will not be responsible for such actions or conduct or any such Content which a User shares.

Campaigner’s obligations & liabilities

Campaigners are solely responsible for creating their own campaign pages within the format provided by the Site. Campaigners must source all relevant content including text, images, and videos themselves. You further agree that your content or any other submission 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 the Site 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 content to the Site or the Company's publishing or hosting of the content as contemplated by these Terms of Use. The use or other exploitation of content by the Company and Users as contemplated by this agreement will not infringe or violate the rights of any third party. Furthermore, all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated. The Company will not be liable for any errors or omissions in any content. The Company cannot guarantee the identity of any other Users with whom you may interact while using the Site. 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. No campaign with the Site can launch without the approval of all the campaign page elements i.e., the pitch video, pledge content, images, team bios etc. The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your content. Company / Owner feedback to change the elements, if given to the Campaigner, must be implemented by the Campaigner. Company holds the right to disallow unsatisfactory campaigns from going live on our platform.

Campaign target & timeline

The Campaigner is not allowed to change the funding goal and/or time period, after his campaign has one live and made available to public on the Site.
Site does not guarantee in any way whatsoever the amount of potential contributions that could be received by any campaign.
Every campaign has a funding goal and only up to 365 days to reach this funding goal.
Once the funds required for a particular cause have been received in full, Campaigners will not be allowed to raise separate new fundraiser for the same cause.

Campaign Marketing

The Campaigner is solely responsible for marketing his campaign to friends, family members, and fans, through various online & offline channels. The Company / Site will only provide marketing guidance in the form of a pre-live marketing strategy and marketing tips & tricks post campaign launch, if applicable according to the pricing. If a Campaigner has paid for Digital marketing and PR services, the services provided are only restricted to running such survives on the platforms so agreed upon. Eg. Facebook, Twitter, Instagram etc. However, the Company / Site does not, under any circumstances whatsoever, guarantee campaign success. All risk in relation to the success or failure of the campaign shall lie solely with the Campaigner. You shall not use any content created by the company, partially or wholly, for any other fundraising or awareness purpose without the written consent of the company. In the event you receive such consent, you shall provide written credits to the company and provide links to the company’s website or corresponding social media handles of the company, while using such content, and adhere with such other terms that may be prescribed by the company from time to time.

The Company / Site reserves the right to share donor details with the campaigner, if the Company / Site is conducting digital and email marketing eg. Facebook, Twitter, Instagram, Taboola, etc. for the particular campaign. For such campaigns, the Company / Site may re-create the campaign from an official account e.g. info@fundmitr.com, resulting in no donor details being passed on to the campaigner.

The Company / Site may, at its sole discretion, showcase live in its periodic emailers to its database or on its Facebook and Twitter or other social media profiles. Campaign performance may influence selection but does not ensure it.

In such instances, Campaigners give consent to the use of original Materials, interviews, photos, and video release by the Company and also allow deductions towards additional outreach costs incurred towards the marketing efforts.

The Company reserves the right to use balance funds remaining after settling dues with the hospital, on other campaigns or causes or purposes where funds might be required.

Campaigner email database

The Campaigner hereby agrees to grant the Company / Site unrestricted and unconditional access to the Campaigner’s contacts database (including email addresses, phone number, address, virtual profile handles, virtual profile address, virtual profile link, etc.) and permits the Company / Site, in perpetuity, to retain, save, access and reach out to all such persons / entities forming part of the Campaigner’s contacts database for the Campaigner’s campaign as well as for any and all future campaigns launched on the Site whether or not such campaigns are related to the Campaigner. It is clarified that the Campaigner shall share such Campaigner’s contacts database with the Company / Site as part of formulating its Campaign.

Financial Transaction Facility – Campaigner

You, as a Campaigner, shall be required to register yourself with the Company and provide the Company with all the necessary information as may be deemed by the Company from time to time including but not limited to Aadhar card details, banking details / income tax details such as PAN and registration certificates under various provisions and laws, etc. Further, fulfill the commitments made to the Funder in the manner as detailed in the campaign and in a timely manner. The Company may seek information regarding the use of the funds raised by the Campaigner even after the campaign has ended and provide the details to the Funders.

If for any reason there is a chargeback on a transaction/donation to the Company and if the funds are already transferred by the Company to the Campaigner/beneficiary the Campaigner/beneficiary will be liable to refund the amount that has been charged back to the Company.

If a transaction is found to be fraudulent after the amount has been transferred to the Campaigner/beneficiary by the Company, the Campaigner/beneficiary will be liable to refund the amount to the Company, failing to which the Company shall have the right to initiate the legal proceeding against the Campaigner/beneficiary.

If the Company / Site finds any suspicious activity with a particular campaign / campaigner, the Company may at its sole discretion immediately suspend the fundraiser and refund all transactions associated with it, if found fraudulent in any manner. The company may also lodge an official complaint with the Cyber Security Cell against the campaigner in such a case.

Use of funds

The Campaigner must use the funds collected through the Site solely for the project described in their crowdfunding campaign. Campaigners shall be liable to legal prosecution by Funders and/or Company / Owner (jointly and severally) if they are found to be using funds for any purpose other than that specified at the time of raising the funds, or other inappropriate purposes. The Site can discontinue/suspend the campaign if it gets any notification of misuse of funds or use of funds for another purpose other than the stated creative project at any time of the campaign, without any notice or discussion to the campaign owner at the Company's sole discretion.

Campaigner are solely responsible for utilizing the funds for the purpose mentioned in our fund-raising page. Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. or their respective affiliates is not responsible in any way whatsoever towards the end utilization of funds. In accordance to the Prevention of Terrorism Act, 2002 and all subsequent regulations pursuant to this Act, the Campaigner/beneficiary will assure that the amount received from Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. is not made available as, either directly or indirectly to fund any act of terrorism. Where the Campaigner/beneficiary, or any person acting on their behalf, breaches any of the provision of the Prevention of Terrorism Act, 2002 or of any such regulation Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. shall have the right to terminate the Contract with immediate effect and recover from the Campaigner/beneficiary the amount transferred. Further, the Company shall take such necessary actions as may be required under the applicable law including filing a criminal complaint against the concerned Campaigner/ beneficiary.

Anti-Money Laundering (AML) policy

The Site comply with the Anti-Money Laundering (AML) guidelines established by the Reserve Bank of India, vide it's circular RPCD.RRB.RCB.AML.BC.No.02/07.51.018/2014-15 on 1 July, 2014 and updated from time to time.

Know Your Customer (KYC)

Every recipient (campaign organisers on the Site) has to verify his/her identity per the Know Your Customer (KYC) in the guidelines. This will include verification of registered mobile number via a One Time Password (OTP), and one of the identification documents viz. Permanent Account Number, Aadhar Card Number, Passport etc. recognised by the Reserve Bank of India. The list of such registered documents will be updated on the Site, at its sole discretion, from time to time.

The verification will be essential to withdraw funds from the Site, and may be asked by the Site, at its sole discretion, during the course of a campaign. Failure to comply, may result in cancellation of a fundraising campaign, and funds may be returned to donors in such a scenario.

Your location as reflected on your Campaign page must match your legal residence that you submit to the Site when you create a withdrawal request. Campaigners may not create multiple Campaigns without proof of meeting fulfilment obligations from the original Campaign. Failure to adequately fulfill Campaign obligations may result in the Site removing the Campaign(s) and seeking reimbursement of Campaign funds raised, including by using third-party collections services. Only the Campaigners shall be permitted to collect Campaign funds.

Campaigners are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with Campaigners may not use a false email address to self-fund, or contribute to, their own Campaigns; this is a violation of our policies and of our Terms of Use

Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. may attempt to verify the identity and other information provided to us by Campaigners, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Campaigner’s eligibility is subject to the Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc.'s review of the fulfilment status of prior crowdfunding obligations.

Tax authorities may classify funds raised on the Site as taxable income to the Campaigners and any beneficiary who will receive funds directly from the applicable Campaign. The Site will ask for the personal account number / tax identification number (PAN) of Campaigners and any beneficiaries so that we may report taxable income to the relevant taxing authorities.

For contributors on the Site, only standard channels of payment - verified credit or debit cards, net banking, wallets, cheque, or cash (upto limits allowed by the RBI or Income Tax) - will be allowed. In case of cash payments, all payments above thresholds set by RBI or Income Tax will have to be furnished with the Permanent Account Number of the contributor. Cash payments are accepted for Indian residents only.

Refund

Any donations made to the technology platform via any mediums cannot be refunded, unless it is in accordance with the Site's refund policy. All donations and payments are final and cannot be refunded. Refunds will be issued only in the following exceptional circumstances.

If a campaign has been identified and declared fraudulent or violating these terms of use and if no funds have yet been transferred to the beneficiary or hospital.

A payment or a donation has been identified to have been initiated via a stolen or unauthorized debit or credit card not belonging to the donor and he/she wish to claim a refund.

All refunds are credited to the original payment method in 5 - 10 working days.

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 Company:

Are not the final recipients of any funds from the contributors directly, but a service provider, which enables receipt of funds (both domestic and foreign) by campaign owners, who are the final recipient of funds
Collects the funds in the Company or its affiliate’s bank account till the campaign is running for a time period chosen by the Campaigner. And transfers the funds to the beneficiary’s bank account during or after the campaign's time period has ended based on the instruction of the campaigner or beneficiary
Makes refunds after deducting necessary transaction fee to the contributor, who has chosen to get a refund in the event of a campaign not being able to raise it’s target amount
Does not generate contributions and contributors for a campaign
Does not guarantee that the target funds of a campaign will be raised fully
Does not offer the platform to users for investing in a project for the purpose of equity, loans/debt, or profit sharing
Shall receive all contributions from Funder(s) (where the Funder is not an Indian citizen) via accounts or cards issued by the United States of America (“USA”) or other countries except for India in its registered bank account of Fundmitr Social Venture Inc. or its affiliate;

If you are an organization, eligible to issue tax deduction certificates to your donors, the Company will facilitate such activity on your behalf. However, it is your sole responsibility to ensure that you have the necessary approvals and certificates to issue such tax-deductible receipts to your donors. Company will not have any liability, in any form whatsoever, in this regard.

Terms and Conditions for Fundraisers (Those Who Want To Raise Funds)

General Conditions

I, the Campaigner, have read and understood the Terms of Use and Privacy Policy provided by Fundmitr Social Private Limited or Fundmitr Social Venture Inc. for the use of their platform to create a Campaign. I have been able to ask questions about the Platform and the Campaign and my participation in the same. I understand that to contribute to the success of the Campaign and to meet its objectives, it is important for Fundmitr Social Private Limited and Fundmitr Social Venture Inc. to collect the Materials [original document(s), statement(s), interview(s), photograph(s), video(s) or any other likeness including any personal information including names, photos, videos) and/or medical records] from me and if required publish it on Platform and other social media sites;
I, the Campaigner have authorized Fundmitr Social Private Limited & Fundmitr Social Venture Inc. to make such efforts as may be required for increasing the outreach of the Campaign across all physical and online / digital media including by way of dissemination of Materials to prospective donors to the Campaign and/or on its Platform.
I, the Campaigner, state that I have been informed that Indian funds raised on the campaign shall be collected in the bank account of Fundmitr Social Private Limited or its Indian affiliate and foreign funds (if any) raised on the campaign shall be collected in the bank account of Social Squared Ventures Inc. or its affiliate and shall be processed separately by respective entity; and I hereby authorize Fundmitr Social Private Limited and Fundmitr Social Venture Inc. and their respective affiliates (if needed) to do the needful to collect and disburse funds raised on the campaign including seeking required information, documents, consents, NOCs to facilitate the fundraising on the Platform and to carry out the other obligations as mentioned herein / Terms of Use;
I, the Campaigner, fully understand that the Campaign may not provide the full amount required for the purposes of Patient’s treatment and agree to pay any (balance) dues to the Hospital and/or any other expenses in relation to the treatment, including but not limited to pharmacy bills, food and housekeeping expenses;
I, the Campaigner, fully understand that if the funds transferred to the Hospital for the purpose of the Campaign remain in excess with the Hospital, it shall refund such excess funds back to Fundmitr Social Private Limited (Indian Funds) and / or Fundmitr Social Venture Inc. (foreign funds) as the case may be and shall not be transferred to beneficiary’s personal account.
I, the Campaigner, have authorized Fundmitr Social Private Limited, Fundmitr Social Venture Inc. along with their affiliate/s to make such efforts as may be required for increasing the outreach of the Campaign across all physical and online / digital media including by way of dissemination of Materials to prospective donors to the Campaign and/or on its platform;
I, the Campaigner, fully understand that any additional funds remaining after fulfilment of the purpose of my Campaign, such additional funds (Indian or foreign) shall be utilised by Fundmitr Social Private Limited (for Indian funds) or Fundmitr Social Venture Inc. (foreign funds) separately and individually at its own accord towards other Campaigns on the Platform to treat another patient in need or for any other purposes at its sole discretion.
I, the Campaigner, fully understand and declare that I, the recipient of the funds raised on the Campaign, and/or the beneficiary of the Campaign and/or the person in whose account the funds raised on the Campaign shall be transferred am/is not a prohibited person under section 3 (1) Foreign Contributions Regulation Act, 2010 and amendments thereto (“FCRA”) as mentioned below:

No foreign contribution shall be accepted by any:

candidate for election;
correspondent, columnist, cartoonist, editor, owner, printer or publisher of a registered newspaper;
Judge, Government servant or employee of any corporation or any other body controlled or owned by the Government;
member of any Legislature;
political party or office-bearer thereof;
organisation of a political nature as may be specified under sub-section (1) of section 5 by the Central Government;
association or company engaged in the production or broadcast of audio news or audio visual news or current affairs programmes through any electronic mode, or any other electronic form as defined in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000) or any other mode of mass communication;
correspondent or columnist, cartoonist, editor, owner of the association or company referred to in clause (g).or falls under exception to FCRA applicability.

I, Campaigner, fully understand and declare that I, the recipient of the funds raised on the Campaign, and/or the beneficiary of the Campaign and/or the person in whose account the funds raised on the Campaign shall be transferred am/is not prohibited to receive foreign funds for any reason whatsoever under FCRA.
Commercials: Fundmitr Social Private Limited and Fundmitr Social Venture Inc. has informed me Platform service fee for the Campaign along with other applicable charges that are levied on the funds raised through the Campaign, the details of which are detailed on www.fundmitr.com/pricing. Further, I, the Campaigner is informed that the fees charged by Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. and the services offered by may be negotiated between Campaigner and Fundmitr Social Private Limited and/ or Fundmitr Social Venture Inc. either verbally or in writing.
I, the Campaigner, agree and understand that recipients of the foreign funds (Campaigner, beneficiary or any other individual or organization) raised on the Campaign will have obligations to comply with foreign exchange rules under Foreign Exchange Management Act, 2000 (“FEMA”) and the RBI regulations with respect to crowdfunding as may be applicable.

Compliance with Terms and Condition

In relation to the Campaign, I, the undersigned Campaigner hereby agree and undertake that:

I, the Campaigner, hereby authorize Fundmitr Social Private Limited and Fundmitr Social Venture Inc. (foreign affiliate of Fundmitr.com) and their respective affiliates (if needed) to do the needful to collect and disburse funds raised on the campaign including seeking required information, documents, consents, NOCs to facilitate the fundraising on www.fundmitr.com and to carry out the other obligations as mentioned herein / Terms of Use;
I, the Campaigner hereby authorize Fundmitr Social Private Limited and its affiliate/s to collect and its affiliate/s to use original document(s), statement(s), interview(s), photograph(s), video(s) or any other likeness including any personal information including names, photos, videos) and/or medical records (the “Materials”) relating to the Patient. All Materials and/or any other information provided in relation to Patient’s prescribed treatment and financial standing are true, accurate, authentic and credible and accompanied by estimates of the expenses, for the above treatment, on the letterhead of the Hospital;
In the event of any discrepancy found with any Materials and/or other information as described above, Fundmitr Social Private Limited or Fundmitr Social Venture Inc. and/or the Hospital shall have the right to immediately terminate the Campaign and refund all donations to the respective donors;
Fundmitr Social Private Limited or Fundmitr Social Venture Inc. and / or its affiliate/s will only be liable to transfer funds raised in the Campaign solely to the Hospital’s bank account upon the admission of the Patient and not to any other recipients;
I, the Campaigner have no claims over any funds in excess of the target set out in the Campaign and Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. shall have the right to utilise such funds towards other campaigns or for any other purposes as Fundmitr deems fit;
If it is found that the patient is already insured under any insurance policy and bills are to be paid or already paid by the said insurance company, only the bills/expense unpaid by the insurance company shall be paid through the funds raised on the Campaign; all the funds in excess of bills/expenses paid for the medical treatment shall be used for helping other patients in need or for any other purposes as Fundmitr Social Private Limited and/ or Fundmitr Social Venture Inc. deems fit;
The efforts by Fundmitr are only limited to increasing outreach of the Campaign, and that Fundmitr Social Private Limited and Fundmitr Social Venture Inc. does not guarantee the success of such Campaign or fulfilment of targets set out therein;
Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. and / its affiliate/s shall only be liable to transfer funds towards the medical treatment of the Patient upon a satisfactory verification by it of photo identity proof (such as Aadhaar Card or any other KYC / verification document) that matches with the photos and medical documents submitted by Patient (or Patient’s legal guardian, as the case may be) for the purposes of the Campaign. Further such fund transfer shall be limited to payments / reimbursements of the medical expenses evidenced by the documentary proofs of expense such as hospital bills, chemist bills etc. (which is duly verified & accepted by Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc.)). I, the Campaigner, agree that remaining funds, in excess of the expenses paid to the Patient shall be used by Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. towards the treatment of the other patients or for any other purposes on its own discretion;
I, the Campaigner, hereby authorize and assure the authorisation by Patient, Patient’s family and/or account holder (in whose account the funds raised on the Campaign will be transferred) to Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc., its affiliate and third parties contracted by it to process KYC documents of me and of Patient and/or such account holder (on their behalf) for verification and processing for the purpose of the campaign; if necessary, I shall arrange for the execution of consent document in specific respect hereof (as may be provided by Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc.) by Patient/ Patient’s family and/or account holder (in whose account the funds raised on the Campaign will be transferred).
I, the Campaigner, undertake that I / Beneficiary does not fall under the list of prohibited persons under section 3 (i) of FCRA (or falls under exception to FCRA applicability). Further, the funds raised under the Campaign shall be utilized for the personal cause and do not fall under any definite cultural, economic, educational, religious or social program as referred under FCRA;
I, the Campaigner, undertake that the funds raised under the Campaign shall be utilized for the personal cause and do not fall under any definite cultural, economic, educational, religious or social program as referred under FCRA.
I, the Campaigner, undertake that if I / Beneficiary falls under the ambit of FCRA, he/she shall be required to possess an FCRA approved account with State Bank of India, New Delhi, main branch or has required authorization from the Ministry of Home Affairs;
I, the Campaigner undertake and agree that upon choosing Fundmitr as fundraising platform, I shall not crowdfund with any other organization other than the Platform and understand if found otherwise, Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. shall terminate the Campaign immediately and shall subject me to monetary penalties by Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc.. Further, the monies raised through the Campaign shall not be transferred to the benefit of the Patient and may be refunded to the donors;
I, the Campaigner, hereby release Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc., its licensees, successors and assigns, from all liability and claims of any nature whatsoever with regards to the non-commencement of treatment, incomplete treatment or stopping of treatment due to any reason, including the demise of the Patient during the course of the treatment. In such an event, I hereby give my consent to Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. the right to utilise the funds raised on the campaign(s) of the patient towards the treatment of any other patient as per its discretion;
I, the Campaigner agree and understand that the fund transfer may be delayed due to any reasons (including but not limited to incomplete KYC submission by Campaigner to Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc., any delay from banks, any technical errors or issues etc.), in such an event I, or Patient or anyone related to Patient shall not held Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. liable in respect thereof or file any claim or suit against Fundmitr Social Private Limited and / or Fundmitr Social Venture Inc., its founders, directors, licensees, employees, agents or anyone related to Fundmitr.
I, the Campaigner, understand that this undertaking is given without expiration, and future uses do not require additional permission;
I, the Campaigner, or Patient or Patient’s family, relatives, and friends will not take any action directly or indirectly to harm the reputation of Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc., its affiliates, its founders, partners, employees, customers or anyone related to Fundmitr
I, the Campaigner, agree that I shall abide by the terms and conditions of these Consent Terms and any breach thereof shall subject me to penalties by Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc.;
I, the Campaigner, understand that all the data that is created/ accumulated during the Campaign (including donor data) is strictly confidential in nature (“Confidential Information”). The access to such Confidential Information shall only be limited to the purpose of the Campaign and I shall not store and/or transmit and/or use and/or manipulate the same for any personal or commercial gain;
I, the Campaigner agree and understand that Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. and its affiliate may collaborate with one or more associate entities, NGO partners etc. in order to enable more benefits or exemptions to Funders and/ or Campaigners; I, the Campaigner, have read / listened to and fully understood the contents of this Form and, hereby, I consent to and permit the above.

The terms of this consent, declaration and release may vary depending on the type of campaign initiated on the Platform.

Exclusivity

The Campaigner shall not, directly or indirectly, run or be associated with any other crowd funding campaigns on any other platform, or directly or indirectly, run an independent or separate crowdfunding campaign at any time during the period the Campaigner is crowdfunding on the Site.

The Campaigner shall be liable for any and all damages or losses, including indirect or consequential damages or losses, arising from or in relation to the breach of the above exclusivity clause and the Campaigner agrees to indemnify and hold the Company / Owner harmless in case of any such damages or losses.

Project submission and evaluation

Campaigners have to go through a free mandatory evaluation process in order to get selected by the Site for the purpose of hosting their campaign and raising funds. The mandatory questions on the evaluation form have to be filled before a Campaigner can be reviewed. Project details submitted in the evaluation form are kept confidential within the Company, however Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. does not ensure that it would prevent any leakage of information outside.

Campaign approval or rejection

Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. follows proprietary guidelines and criteria while selecting a campaign/project for the purpose of raising funds on the Site. Only those Campaigners, whose projects are approved by the Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc., are allowed to raise funds on the Site by running their campaigns. Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. reserves the right to select or approve a campaign as per these guidelines and also reserves the right to communicate or not communicate the reasons for rejection. Approved Campaigners have to adhere to the Fee Structure as set out below before going ahead to create and run their campaigns.

Fee Structure

The Campaigner agrees to pay Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. the following fees in relation to the Campaigner’s crowdfunding campaign(s):

The User in the capacity of Campaigner or Funder understands that the funds donated on any campaign are collected and disbursed separately depending on whether such funds are Indian or foreign. All funds donated through INR currency shall be collected in the bank account of Fundmitr Social Private Limited or its Indian affiliate entity; and all funds donated through USD or any other foreign currency shall be collected in the bank account of Fundmitr Social Ventures Inc. or its affiliate entity. Such respective entities shall then disburse the funds separately towards the purpose of the campaign. Platform fees as applicable to a particular campaign, as mentioned on www.fundmitr.com/pricing. to be charged on the total amount of funds raised at the end of your campaign. GST and other taxes / levies, if any, shall be payable on this amount at the rates applicable as on the date of campaign settlement as mentioned in the clause below.

Platform fees as applicable to a particular campaign, as mentioned on www.fundmitr.com/pricing. to be charged on the total amount of funds raised at the end of your campaign. GST and other taxes / levies, if any, shall be payable on this amount at the rates applicable as on the date of campaign settlement as mentioned in the clause below.

Payment processing, support and administrative fee and other taxes / levies:

For Indian funds: 3% payment processing, support and administrative fee + GST along with any other applicable taxes (if any) at prevailing rates (on the date of deduction of payment processing, support and administrative fee) on all Indian Transactions;
For foreign funds (USD): 3% payment processing, support and administrative fee + $0.30 per transaction + bank wire charges of 40$ per remittance will be charged on all USD transactions;
For foreign funds (other than USD) 4% payment processing, support and administrative fee + $0.30 + bank wire charges of 40$ per remittance will be charged on all internal transactions other than in USD

Fees towards Digital Marketing, Content, Video, PR or other services:

These are optional services which shall be charged as per platform on which the services are executed. GST and other taxes, if any, shall be payable on this amount at the rates applicable as on the date of payment. Campaigner will have to fund these expenses in advance or the Company may deduct fees on settlement of the campaign.

Further, the fees charged by Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. and the services offered by may be negotiated between Campaigner and Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. either verbally or in writing.

The above fees are non-refundable and non-negotiable under any circumstances.

Fund transfer and management

Transfer and Usage

Site only enables the flow of funds from Funders to Campaigners and is not the final recipient of funds raised (other than commission payable by the Campaigner) on its platform.

Campaigns may be either;

India based (i.e. campaigns where Campaigners seek to implement the project in India and accordingly, have an Indian bank account into which the campaign Funder’s contributions may be released) or
foreign based (i.e. campaigns where Campaigners seek to implement the project outside India and accordingly have a foreign bank account into which the campaign Funder’s contributions may be released).

The funds can either be Indian funds (collected in INR) or foreign funds (collected in currency other than INR). The Indian funds shall be collected through Fundmitr Social Private Limited or its Indian affiliate entities and foreign funds shall be collected through Fundmitr Social Ventures Inc and its affiliates. Each such entity shall thereafter separately disburse the funds to Campaigner or towards the purpose of the campaign.

The Campaigners (individuals or organizations) initiating a fundraising campaign on the Platform may be based in India (i.e. campaigns where Campaigners seek to implement the project in India) or outside India (i.e. campaigns where Campaigners seek to implement the project outside India). If the Campaigner is outside India raising funds on the Platform, such foreign funds shall be collected and disbursed through Fundmitr Social Ventures Inc. or its associate entity and Fundmitr Social Private Limited shall have no obligations or liability in respect thereof.

In case of successful campaigns, no donations/contributions shall be refunded. In case of extenuating circumstances, the donations/contributions may be refunded solely at the discretion of the Company / Site. All fees including GST and other taxes and or levies, if any as listed above will be deducted before transfer of the net amount.

Account Holds: From time to time, the Company may place a hold on a campaign bank account (a Hold) restricting withdrawals by a Campaigner. Some of the reasons that we may place a Hold on a campaign bank account include the following:

if we have reason to believe (in our sole discretion) that information provided by a Campaigner is false, misleading, or fraudulent, or that funds are being used in a prohibited manner;

if the funds available should be provided directly to a person other than the Campaigner (such as a legal beneficiary or person entitled by law to act on behalf of a Campaigner);
if we have reason to believe that a Campaigner has violated these Terms of Service / Use;
if we think we need additional documentation to have reasonable assurance on utilization of donations for the purpose stated in the campaign; or
if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations.

If you have questions about a Hold we may have placed on your campaign bank account, or need information about how to resolve the Hold, please contact us at Info@fundmitr.com

Foreign funds

All foreign contributions / donations shall be required to be made in strict compliance with applicable Indian laws. The Campaigner represents and warrants that it is aware of the Foreign Contribution Regulation Act, 2010 (“FCRA”) and its contents and is seeking contributions in full compliance with the said act. Campaigner further warrants that he or the beneficiary (to whose benefit the funds shall be utilised) is not a prohibited person under section 3 (i) of FCRA (or falls under exception to FCRA applicability).

If the Campaigner is a non-governmental organization and / or is raising funds for “definite cultural, economic, educational, religious or social program” as defined under FCRA, will be mandatorily required to possess an FCRA registration along with designated FCRA bank account with SBI, New Delhi branch, in order to receive foreign funds raised on the campaign.

Recipients of the foreign funds (Campaigner, Beneficiary or any other individual or organization) raised on the campaign will have an obligations to comply with foreign exchange rules under Foreign Exchange Management Act, 2000 (“FEMA”) and the RBI regulations with respect to crowdfunding as may be applicable. Any failure to do so may result in cancellation of fundraiser, and refund of donations, to the cancelled fundraiser, to respective donors.

In case of contributions received outside India, Recipients (Campaigner, Beneficiary of campaigns, whether individuals, associations, nonprofits, social enterprises, hospitals, companies, or organizations) agree that they have the necessary regulatory permissions to receive such funds. Such permissions include but are not limited to FCRA, and/or FEMA and/or and others relevant regulations amended from time to time by Indian central government, state government and other regulatory authorities.

It may be note that in accordance with the prevailing FCRA terms, the following persons cannot receive foreign contributions;

Candidates for election
Correspondents, columnists, cartoonists, editors, owners, printers or publishers of registered newspapers
Judges, government servants, or employees of any corporation or any other body controlled or owned by the government
Members of any legislature
Political parties or their office bearers
Organisations of political nature, as may be specified by the central government
Associations or companies engaged in the production or broadcast of audio news, audio visual news, or current affairs programmes through any electronic mode or any other mode of mass communication;
Correspondents or columnists, cartoonists, editors, or owners of associations or companies referred in the clause above.

This list may be amended from time to time in accordance with regulatory and statutory actions, and such amendment shall apply to Recipients with immediate effect from such regulatory or statutory action.

All recipients who receive foreign funds must comply with FCRA guidelines by applying for an FCRA certificate and inform the Central Government in Form FC-1 within thirty days from the date of receipt of such contribution whenever applicable. This form is available on the website of the FCRA website.https://fcraonline.nic.in/FC1.aspx . All recipients additionally agree that any foreign contribution received cannot be transferred to any other person, with “person” defined as per the FCRA act.

The recipients acknowledge and agree that Fundmitr Social Venture Inc. (intermediary that receives foreign funds on the Platform) does not verify this information and it’s the responsibility of the recipient to procure the necessary approvals and do the necessary compliances before they withdraw the foreign funds received on the campaign. By asking to withdraw the foreign funds it's understood by Fundmitr Social Venture Inc. that the recipient has completed the necessary compliances as per the FCRA or FEMA guidelines and rules.

You shall indemnify, defend at Fundmitr Social Private Limited and Fundmitr Social Venture Inc option, and hold Fundmitr Social Private Limited and/or or Fundmitr Social Venture Inc, its parent companies, subsidiaries, affiliates, associated nonprofit entities, and their promoters, directors, investors, officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of violation of these Terms incl. any violation of FCRA, and/or FEMA. The indemnities if any shall survive beyond the period of the Agreement.

Note for Ngos: You have to be registered/approved with FCRA to be able to receive foreign donations. Else foreign contributions will be restricted on your campaign.

Taxation/Donations/Contributions

Campaigners must bear any tax liabilities on the funds raised through Fundmit.com. These taxes may include, but are not limited to, income tax, VAT, and service tax applicable on the fund’s raised or on the procurement of rewards. Company is not liable to provide any tax or legal advice to campaigners in addition to the information already provided in our FAQs section.

The minimum amount that can be donated/contributed for Indian donations is INR 1 via debit / credit card. Through other methods, the minimum amount is INR 1. The minimum amount that can be donated/contributed through the Platform for foreign donations via debit / credit card are as follows:

USD - 1
AED - 20
AUD - 10
SGD - 10
CAD - 10
MYR - 25
EUR - 5
GBP - 10
QAR - 25
SAR - 25
HKD 25

If you are an organization eligible to issue tax deduction certificates under Section 80G of Income Tax Act, 1961 to your donors who made contributions in Indian Rupees, the company will facilitate the process through its proprietary software application on your behalf. However, it is your sole responsibility to ensure that you have the necessary approvals and certificates to issue such tax-deductible receipts to your donors. The Company will not have any liability, in any form whatsoever, in this regard.

Project completion

While campaigners have full project ownership and the right to complete it, they are accountable and obliged to finish the project by the deadline they have set. Campaigners must also keep the funders updated about the work in progress in case of delays to avoid funder dissatisfaction.

The Company or the Site does not make any claims or guarantees on behalf of the campaigner regarding the completion of the project and usage of the funds raised solely for the purpose of the project. Similarly, the Company or the Website does not take any responsibility for making sure that the project for which the funds are raised through its Site is completed and made available to the contributors. The contributors are free to get in touch with the campaign owner directly and solving any dispute that arises regarding the campaign or the project.

Company branding & marketing

Campaigners must include Fundmitr logo branding on all project and/or campaign related marketing collaterals, whether online or offline (e.g., online banners, offline flyers) as per Company brand and logo guidelines. Company should be credited as the project’s “Online Crowdfunding Partner” at campaign or project related offline events. Also successful campaigners are obliged to attend and/or lead Company branding & marketing activities such as events, ad videos, interviews, etc.

Campaign cancellation

Notwithstanding anything set out herein, the Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. reserves the right, at its sole discretion, to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. Company / Owner is not liable for any damages as a result of any of those actions. Company / Owner may or may not comment on the reasons for such action.

Rights of the Company

Fundmitr reserves the right to make changes in its technology platform or crowdfunding services at anytime as it sees fit with due notification to campaigners and other users. Company will not tailor it’s offering to various campaigners. Users are requested to keep themselves updated with all changes on Fundmitr platform and policies by regularly checking its FAQs or with the Company directly.

The Company will not have any ownership rights over your User Submissions and Content. However, the Company will get the license to perform and market the Site on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the Site, (b) the Company’s (and its successors’ and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.

Third-Party Sites

The Site may permit campaign 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 Company’s control, and you acknowledge that the Company 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 Company

Terms and conditions for funders (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 Recipient, and will be utilized by the Recipient. The Company is only facilitating the collection of contributions, and is not responsible in any way for the end utilization of the contributions.
The Company and the payment gateway will deduct their fees and applicable taxes before providing the funds to the Recipient. The Company will deduct the fees on behalf of the platform which has hosted the project profile on the internet, and has facilitated my contributions to the project. I understand that the fees are towards web hosting, marketing, and promotion, and that the Company is only facilitating in collection of the fees on behalf of the owners of the Platform.
Any receipt or Tax Deduction Certificate (for Indian contributors only) will be issued by the Recipient to the extent of the funds received, post deduction by Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. and the payment gateway. Whether such a receipt will be provided has been clearly mentioned in the fun-raising page, and I have understood the same. The Company will not be responsible for any Tax certificates or benefits.
The Company will collect contributions from many sources and then provide the collective amount to the Recipient; therefore, my contribution may take 45 days – from the time I have made it – to reach the Recipient.
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 Bengaluru, India only.
This Agreement shall be valid for a period of 180 days from the date of making the contribution. The Company can terminate the Agreement by providing a written notice of 30 days.
I understand that lending through Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. involves risk of principal loss, and Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. neither guarantees repayment nor offers a financial return on my contribution. I also understand that my loan will be treated subordinate to other institutional lenders of Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc.

Registration

Contributors can only fund a project by registering on the Site using the Site’s login procedures. By choosing the Facebook login, they agree to give the Site access to their Facebook account’s profile pictures and email id. They also allow the Site to create their account on Fundmitr.com and use their FB profile picture as the profile picture of their Fundmitr.com account. The Site does not publish any content on their Facebook profiles without their permission.

Fees and taxes

Contributors give their consent and authorize the Site to deduct the necessary commissions on the contributed amount before transferring to the final recipient i.e., the campaigner.

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.

By funding a campaign, the contributors agree to provide their name, email address, phone number, billing and shipping addresses. They also agree to provide the authorized online payment gateway of the Site, CC Avenue, necessary & required details of their credit and debit cards for making an online contribution, or the accurate address for cash/cheque pick up to the Site’s offline collection vendors. Contributors agree to have sufficient funds or credit during making a contribution for a campaign. Contributors are informed that their credit and debit card related details are not provided to the Company or the Site by the online payment gateway & remain confidential.

Other Contribution Information

Contributors authorize the Site to provide campaigners their name and contact details for the purpose of delivering rewards and connecting regarding queries or updates regarding the funded project.

Additionally, they also authorize the Site to publish their name and image (if logged in through Facebook) on the ‘Contributor’ section of the campaign that is funded by them. However, contributors can choose to be “anonymous”, if they don’t wish to make themselves public. 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 crowdfunding campaigns on the Site through fortnightly newsletters. They can always choose to deactivate reception of the Site’s newsletter and other notifications. We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

If any stolen debit or credit card is used to make payment, Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. shall have the right to pursue criminal charges against the Funder making the payment/ contribution.

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.

In case the project is cancelled before the money is given by the Company to the project owner, the contributions will be refunded to designated bank accounts. The company will seek information, through email, on your bank account for electronic transfer. The Company will refund the amount in 15 working days from the date of receipt of complete information. The Company will not be responsible for any wrong information. However, such refund will be subject to applicable payment gateway fees and taxes.

Rights of the Projects

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 campaigner.

Dispute between Campaigners and their Contribution

The Site or the Company is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Site. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. You release the Site and Company, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the service.

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 Company or any third party; or
Impersonates any person or entity, including any employee or representative of the Company
Users may not use the Company’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 Company 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 Company in its sole discretion) an unreasonable or disproportionately large load on the Company’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 Company 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 Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company 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. Fundmitr.com reserves the right not to comment on the reasons for any of these actions.

Termination

The Company may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid to the Company are non-refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Termination Warranty Disclaimer

The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company 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 Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and projects. You release the Company 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 Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.

The Company does not guarantee that any Content will be made available through the Site. The Company has no obligation to monitor the Service or Content. The Company 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 Company 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 Company, 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 Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company 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 Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service. The Company 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 Company’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 Company 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 Company grants to each User of the Site a worldwide, non-exclusive, non-sublicensable 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 Company, 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 Company will not have any ownership rights over your User Submissions. However, you agree to provide the Company the license to perform and market the Site or the Company on your behalf and on behalf of its other Users and itself. You grant to the Company 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 Company’s (and its successors’ and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
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 The Owner 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 Company’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 Company 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 Company 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 Company will not be liable for any errors or omissions in any Content
The Company 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
The Owner 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.
The Owner reserves the right to ban repeat infringers of Intellectual property from using the Site

Indemnification

Notwithstanding anything herein, the Campaigners and/or the Funders, as may be applicable, will not hold Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. or any of its directors, employees, agents, partners, vendors, suppliers, or content providers responsible in the event of target fundraise not being met. The Campaigners and/or the Funders will also not hold Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. or any of its directors, employees, agents, partners, vendors, suppliers, or content providers responsible for any unforeseen technical glitches such as but not limited to Site down for maintenance, server errors, speed of website download, any viruses in the Site etc., that might affect transaction activity on their campaigns or contribution transactions. Additionally, you (i.e. the Campaigners and/or the Funders), as the case maybe, shall defend, indemnify and hold harmless Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. and its directors, employees, agents, partners, vendors, suppliers, or content providers, it's affiliates, employees, contractors, directors, suppliers, and representatives from all direct and indirect liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your breach or non-compliance of any of the Terms of Use herein, misrepresentation, 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. Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. 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 Owner in asserting any available defenses.

Limitation of Liability

In no event shall Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. , 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 Company, all communications including notices, agreements, legally required disclosures, or other information in connection with the Site (collectively, “Contract Notices”) electronically. The Company 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 Delhi.

Payment details

These 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 Delhi only.

Integration and Severability

These Terms of Use, the Privacy Policy, the Online Campaigner Agreement and other referenced material herein or on the Site, are the entire agreement between you and Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Fundmitr Social Private Limited and/or Fundmitr Social Venture Inc. 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 Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’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 Company’s prior written consent. The Company 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.

Grievance Officer

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer who can be contacted with respect to any complaints, questions, comments or concerns including those pertaining to breach of Terms of Use, Privacy Policy and other policies or questions is provided below:

Mr. Deepanshu Arora

FundMitr Social Private Limited

425/14 G/F, JHARKHANDI ROAD, OLD NO - 4/425, GALI NO. 5,

BHOLA NATH NAGAR, SHAHDARA, EAST DELHI, DELHI - 110032

Phone: +011 40529596

Email: Deepanshu@fundmitr.com

Time: Mon - Sat (9:00 - 18:00)

Effective Date

This policy was updated and became immediately effective on October 31st, 2021