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 Afofa.in.
Any contribution on Afofa.in, by an individual, should not be construed as an investment in any form whatsoever.
(i) AFOFA is a marketing service provider and the Website merely provides platform services which can be utilized by Users (being Donors / Contributors and Campaigner) and persons browsing / visiting the Website to reach a larger base of people, organizations and causes. AFOFA is only providing a platform for communication and it is agreed that the transactions whether gratuitous or otherwise shall always be bipartite between the Donor / Contributor and the Campaigner.
(ii) The Website is a platform that Donors utilize to meet and interact with various Campaigner and the representatives of several non-profit organizations in India based on the representations of the campaigns started by such person(s) and/or a cause supported by such Campaigner and Non Profit Organisations in India, enter into transactions for making contributions or sharing information. All information provided about the campaigns, is that which is provided by the respective campaigner initiating the campaign and the non- profit organizations in India for which/on behalf of who the campaigns have been started to raise funds.
(iii) The User acknowledges that AFOFA is only a marketing service provider and AFOFA does not verify the bonafides and genuineness of campaigns, AFOFA cannot and does not verify specific data provided by Campaigner. Therefore, AFOFA shall not in any manner be responsible or held accountable for any transaction between the Users.
(iv) AFOFA has limited control over all campaigns and information listed and / or advertised on the Website the Campaign generated information and is merely an intermediary and does not interfere in the transaction between Donors / Contributors and Campaigner.
(v) It is hereby clarified that at no time shall AFOFA hold any right, title or interest over the funds or rewards (except to the extent as stated herein) or have any obligations or liabilities in respect of such providing the same to the Donor / Contributor. AFOFA is not responsible for unsatisfactory or delayed performance of the campaign by the Campaigner.
(i) Use of the Site/Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site/Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member on AFOFA and shall not transact directly (either contribute or campaign to receive donations / contributions) or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian, parents or through an organization / NGO competent to Contract on the Website. AFOFA reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to AFOFA's notice or if it is discovered that you are under the age of 18 years.
(ii) A Campaigner is bound and legally liable to provide accurate, true and correct information in respect of the details of the cause for which the campaign is hosted for and raising funds on our Website.
(iii) A Campaigner shall ensure that the description of the campaign must not be misleading and must describe need and use of the funds to be raised. AFOFA reserves the right to delete your campaign if it is brought to the notice of AFOFA that the information provided by you is false, does not depict the true nature of the campaign or is misleading in any manner.
(iv) A Campaigner shall ensure that the information and the Fundraiser do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Campaign listings may only include text descriptions, graphics and pictures that describe your campaign and the need and the use of the funds raised. If any rewards or promotions are being offered to the donors / contributors, you acknowledge the same if products, shall be kept in stock by you and if services personal or otherwise are fulfilled by you.
(v) It shall at all times be the responsibility of the Campaigner to furnish the Donor with accurate progress report and any other information that may be required by the Donor to track the utilization of the funds donated by the Donor to the Campaigner via AFOFA.
(vi) You further agree that by listing your campaign on the Website, you shall at all times abide by various laws applicable to You including but not limited to the Income Tax Act, 1961, the Foreign Contributions Regulation Act, 2010, the Information Technology Act, 2000 as well as all rules and regulations made under the respective laws and as amended from time to time.
(i) When You use the Website or send emails or other data, information or communication to AFOFA, You agree and understand that You are communicating with AFOFA through electronic records and You consent to receive communications via electronic records from AFOFA periodically and as and when required. AFOFA may communicate with You by email or by such other mode of communication, electronic or otherwise.
(i) The Website is a platform that Donors utilize to meet and interact with various Campaigner and the representatives of several Non Profit Organizations in India based on the representations of the campaign started by such person(s) and/or a cause supported by such Campaigner and Non Profit Organizations in India, enter into transactions for making contributions or sharing information. All information provided about the campaigns, is that which various Campaigner provide.
(ii) The User acknowledges that AFOFA is only a marketing service provider and AFOFA does not verify the bonafides and genuineness of campaigns, AFOFA cannot and does not verify specific data provided by Campaigner. Therefore, AFOFA shall not in any manner be responsible or held accountable for any transaction between the Users.and the campaign.
(iii) All commercial/contractual terms are offered by and agreed to between the Campaigner and Donors / Contributors alone. The commercial/contractual terms include without limitation the representations made by the Campaigner including, amounts to be raised, use of the funds raised, costs incurred, payment methods, payment terms, warranties related to the final use of the funds, the effectiveness of the utilization of the funds, the impact of the campaign, the rewards offered by the Campaigner and the contributions made by the Users. AFOFA does not have any control or does not determine or advise or in any way involve itself in either determining any details of the campaign or the offers of Campaigner or acceptance of such commercial/contractual terms between the Donors / Contributors and the Campaigner.
(iv) AFOFA does not make any representation or Warranty as to specifics (such as final utilization of funds, value, impact, rewards, etc.) of the campaigns on the Website other than those representations that are expressly made for individual campaigns. Notwithstanding any representations made, Users are free to independently verify the veracity of any statement made on the Website. AFOFA does not implicitly or explicitly support or endorse any of the campaigns on the Website. AFOFA accepts no liability for any errors or omissions, whether on behalf of itself or any of the Campaigner.
(v) AFOFA is not responsible for any non-performance or under-performance of any of the commitments made by the Campaigner or for any contractual obligations (E.g. Rewards) entered into between Contributors and the Campaigner. AFOFA cannot and does not guarantee that the concerned Campaigner will perform any commitment concluded on the Website. The Campaigner shall at all times be responsible for and ensure that the performance of the Rewards offered by them, in the event of any failure of the fulfillment of the obligations of the Campaigner, the same shall be settled between the parties directly and AFOFA shall not be held responsible for any such default/non performance of the obligations of the Campaigner and at no time shall AFOFA be required to mediate or resolve any dispute or disagreement between Contributors and Campaigner. However, AFOFA does welcome feedback as well as grievances of Users to be brought to its attention so that it may take steps that it deems appropriate for improvement of the User experience on the Website
(vi) AFOFA does not make any representation or warranty as to the campaign specifics (such as the eventual impact, use of funds, efficiency of Campaigner, etc) of any of its Campaigner. You are advised to independently verify the bona fides of any particular Campaigner that you choose to donate or contribute to, on the Website and use your best judgment in that behalf.
(i) AFOFA does not charge any fee for browsing on the Website. AFOFA's charges are limited to the facilitation fee (including platform / collection fees and transactional charges) which is charged to the beneficiaries of the funds raised on AFOFA on the terms and conditions agreed to between AFOFA and the beneficiaries of the funds independently. AFOFA reserves the right to change its Fee Policy from time to time. In particular, AFOFA may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event AFOFA reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.
(iii) AFOFA runs advertising campaigns on behalf of its campaigners for which its also deducts the full advertising expense other than the AFOFA facilitation fee before transferring the funds to the beneficiary
You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
(i) You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) contains a video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) engages in commercial activities and/or sales without our prior express and written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Website;
(p) solicits gambling or engages in any gambling activity which AFOFA, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services;
(s) Harms minors in any way;
(t) Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(u) Violates any law for the time being in force;
(v) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) Impersonates another person;
(x) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(ii) You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
(iii) You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
(iv) You shall not probe, scan or test the vulnerability of the Website or any network, neither connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
(v) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about AFOFA or the brand name or domain name used by AFOFA, or otherwise engage in any conduct or action that might tarnish the image or reputation, of AFOFA on any platform or otherwise tarnish or dilute any of AFOFA's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or AFOFA systems or networks, or any systems or networks connected to AFOFA.
(vi) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
(vii) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
(ix) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws (specifically the Foreign Contribution Regulation Act, 2010 and the rules made thereunder), Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. Further, no donation or contribution either for reward or otherwise shall be made for any reason or as consideration for any transaction other that which is the subject of the campaign and in no event shall any donation or contribution be used for any purpose that is considered unlawful or against public policy as per the applicable laws in India.
(xi) From time to time, You shall be responsible for providing information relating to the donations / contributions made by you and required to be disclosed under applicable laws. In this connection, You undertake that all such information shall be accurate in all respects and that only You shall be solely responsible for any incorrect or knowingly false information provided by You.
(xiv) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
(xv) It is possible that other Users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
(xvi) AFOFA shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
(xvii) Afofa.in ("AFOFA," "we," "us," "our") provides its services (described below) to you through its website located at www.Afofa.in (the "Site") and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Services"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will notify you, either through the Services user interface, in an email notification or through other reasonable means, and unless otherwise stated, AFOFA may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, and postings on the Site. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that (i) changes addressing new functions of the Services or changes made for legal reasons will be effective immediately, and (ii) changes or modifications to the provisions therein. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Finally, we encourage you, particularly if you intend to donate to an AFOFA campaign, to review the Fees section of these Terms of Service.
(xviii) Services Description: The Services are offered as a platform (the "Platform") to users of the Services, which may include Campaign Organizers (interchangeably used with "Campaigners") and Donors (each defined herein) and other registered users of the Services (which may include users who simply "like" Campaigns or otherwise interact with the Site or Services). Among other features, the Services are designed to allow a user (a "Campaign Organizer") to post a fundraising campaign ("Campaign") to the Platform to accept monetary donations ("Donations") from those registered users wishing to contribute funds to the Campaign ("Donors"). For purposes hereof, the term "Campaign Organizer" shall also be deemed to include any individual(s) designated as a beneficiary of a Campaign. Although there are no fees to set up a Campaign, a percentage of each Donation will be charged as fees for our Services and those of our third party payment processors. Please see our Pricing section for details.
The Services are a Platform; We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. AFOFA facilitates the Donation transaction between Campaigners and Donors, but is not a party to any agreement between a Campaigner and a Donor, or between any user and a Charity. AFOFA is not a broker, agent, financial institution, creditor or insurer for any user. AFOFA has no control over the conduct of, or any information provided by a Campaigner or a Charity, and AFOFA hereby disclaims all liability in this regard. Anyone is free to report issues related to a Campaign on AFOFA, and AFOFA will take necessary action to the best of its abilities.
AFOFA does not guarantee that a Campaign or a Charity will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, Campaigner, or Charity, and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign, Campaigner, or Charity. You can write to us for any clarification, and we shall make our best effort to share the information that we have.
While we try our best to do so, we cannot and do not verify 100% of the information that Campaigners supply. We try our best to see that Donations are used in accordance with the stated fundraising purpose; we also collect documents before disbursing Donations to the Campaigner in many cases. However, please understand that we cannot guarantee that 100% of the time Donations will be used in accordance with any fundraising purpose prescribed by a Campaigner or Charity. 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 or Charity, as applicable. 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 Service, we try to do the verifications for many campaigns and more important we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Campaigner or Charity is not raising or using the funds for their stated purpose, please use the "Report" button on the Campaign to alert our team of this potential issue and we will investigate to the best of our abilities.
You, as a Campaigner, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud or deceive any user; and (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post; and (iii) you will comply with all relevant local, state, and Union laws applicable to you when you solicit funds, particularly but not limited to laws relating to your marketing and solicitation for your project. We reserve the right to provide information relating to your Campaign with donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation.
The terms and conditions that apply to a Campaign Organiser (Campaigner) are:
(i) AFOFA grants Campaigner's a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Funds raised through AFOFA", "Powered by AFOFA" and/or "via AFOFA" name and/or logo on Campaigner' invoice / certificate of donation for transactions concluded on the Website. Further, AFOFA grants Campaigner a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Afofa.in" name and/or logo on stationery used by the Campaigner for delivery of Communications / Receipts / Certificates, etc. provided on the Website.
(i) AFOFA does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using the Website's APIs or otherwise. In addition, Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, AFOFA assumes no responsibility for examining or evaluating the products and services or generally information offered by them. AFOFA does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). AFOFA does not endorse, in any way, any third party website(s) or content thereof.
The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. AFOFA has no control over such sites, services and resources and AFOFA is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that AFOFA will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that AFOFA is not liable for any loss or claim that you may have against any such third party.
In addition, AFOFA is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, AFOFA is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. AFOFA enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
(i) This Website, all the materials and information (including but not limited to campaigns) and services, included or otherwise made available to You through this site are provided on a "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, AFOFA does not warrant that:
(ii) AFOFA will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Nothing on the Website constitutes, or is meant to constitute, advice of any kind.
(iii) You will be required to enter a valid phone number and e-mail address while making a donation / contribution on the Website. By registering Your phone number and e-mail address with us, You consent to be contacted by us and/or the Campaigner via phone calls and / or SMS notifications, in case of any reward or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS unless the same is consented to by you. unless the same is consented to by you.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AFOFA AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
AFOFA AND ITS AFFILIATES MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
(i) While availing any of the payment / donation / contribution method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
(ii) All payments made towards the donations / contributions on the Website by you, shall be compulsorily in Indian Rupees acceptable in the Republic of India if you are an Indian National. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website if you are an Indian National. All payments made towards the donations / contributions on the Website by you, shall be compulsorily through the Foreign Payment Gateway if you are not an Indian National. Website will not facilitate transaction through the Indian Payment Gateway with respect to the donations / contributions made on Website if you are not an Indian National.
(iv) You understand, accept and agree that the payment facility provided by AFOFA is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through, collection and remittance facility for the Transactions on the AFOFA Website using the existing authorized banking infrastructure Credit Card payment gateway networks and settlement service providers. Further, by providing Payment Facility, AFOFA is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
(v) AFOFA reserves the right to refuse to process Transactions by Donors / Contributors with a prior history of questionable transactions including without limitation to collusion between the Donor and Campaigner to bring about a false impression or mislead other Users of the Website or breach / violation of any law or any charges imposed by Issuing Bank or breach of any policy.
(vi) AFOFA may delay notifying the payment / transaction confirmation i.e. informing Campaigner, if AFOFA deems suspicious. In addition, AFOFA may hold transaction price / amount and inform law enforcement officials (instead of refunding the same to Donor) at the request of law enforcement officials or in the event the Donor / Contributor or Campaigner for that matter, is engaged in any form of illegal activity.
(vii) The Donor / Contributor acknowledge that AFOFA will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction / Transaction Price or any delay in processing a Transaction / Transaction Price which is beyond control of AFOFA.
(viii) AFOFA shall make payments, net of its costs, charges and fees into the bank account provided by the Campaigner during Campaigner Registration process. Once AFOFA has made payments into such bank account number AFOFA shall be discharged of any/all liability towards the Campaigner and contributors/donors and the Campaigner, donors, contributors shall not be eligible for any claims and/or refunds thereof.
(i) You, as a Campaigner, shall be required to register yourself with AFOFA and provide AFOFA with all the necessary information as may be deemed by AFOFA from time to time including but not limited to banking details / income tax details such as PAN and registration certificates under various provisions and laws, etc. Further, fulfill the commitments made to the Donor / Contributor in the manner as detailed in the Campaign and in a timely manner. AFOFA 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 Donors / Contributors.
(ii) The funds collected towards each Campaign shall be transferred to you (net of AFOFA Fees, payment gateway charges and applicable taxes) as per the details provided by you after 15 days of completion of the Campaign or as per withdrawal request. If at any time either during or after the Campaign, You are unable to fulfill your commitments, or out of requirement under law, you shall return the money to the Donor / Contributor within a timely manner.
(iii) Remittances to the Campaigner for their successful transactions under Payment Facility excluding Cheque Payments transactions would be in compliance with directions issued by Reserve Bank of India for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009 ("RBI Intermediary Guidelines"). Remittance to the Campaigner for Cheque Donations / Contributions shall be made through Cheque/ Demand Draft or Online Bank Transfer to Campaigner Bank A/c.
(iv) As per the above guidelines, the Campaigner expressly agrees that the next working day following the day the Campaign ends or is determined, shall be deemed to be the day that the transaction between the Donor / Contributor is completed. AFOFA shall settle all amounts net of its fees to the accounts of the Campaigner in accordance with the rules set out by the Reserve Bank of India in the Intermediary Guidelines.
(v) If for any reason there is a chargeback on a transaction/donation to AFOFA and if the funds are already transferred by AFOFA to the campaigner/beneficiary the campaigner/beneficiary will be liable to refund the amount that has been chargebacked to AFOFA.
(i) The Donor / Contributor shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 2010 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and AFOFA Website.
(i) All Valid Credit/Debit/Cash Card and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Donor / Contributor and the respective Issuing Bank and payment instrument issuing company.
(ii) All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank, which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between the Donor / Contributor and the respective Issuing Bank.
(i) Without limiting other remedies, we may limit Your activity, immediately remove Your information, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Website in the event, but not limited to:
(i) The Campaigner shall indemnify and hold harmless AFOFA, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, against all claim, actions, penalties, prosecution, proceedings demand losses, disputes, charges, penalty, costs and expenses including reasonable attorneys' fees, that may arise or may be incurred by AFOFA as consequence of any default, breach, non-observance, non performance or negligent act whatsoever by the Campaigner of any terms , conditions, stipulations, provisions and/or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party more particularly stated herein and/or in any individual agreements executed by AFOFA and the User.
(ii) You agree to release, indemnify and hold AFOFA and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation, any loan,any Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another.
(i) The User hereby agree and state that AFOFA is only a service provider to enable the Non profit organizations in India and Campaigner to market/publicize/create awareness/advertise their respective cause/campaigns and AFOFA shall in no way be responsible for the performance and/or liable for any mis-representation of any information provided by the Campaigner in any manner whatsoever and the User hereby waives his/her/their/its right to bring any action/cause/dispute against AFOFA for any reason whatsoever.
Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by AFOFA, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by AFOFA from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of AFOFA, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by AFOFA.
The AFOFA name and logos are trademarks and service marks of AFOFA (collectively the "AFOFA Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to AFOFA. Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of AFOFA Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of AFOFA Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will AFOFA be liable in any way for any content or materials of any third parties (including users and Campaign Organizers), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that AFOFA does not pre-screen content, but that AFOFA and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, AFOFA and its designees will have the right to remove any content that violates these Terms of Service or is deemed by AFOFA, in its sole discretion, to be otherwise objectionable.
User Content Transmitted Through the Services: With respect to the content, photos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading any User Content you hereby grant and will grant AFOFA and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless AFOFA and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of AFOFA in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or AFOFA's exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to AFOFA are non-confidential and AFOFA will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that AFOFA may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of AFOFA, its users or the public.
Copyright Complaints: AFOFA respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify AFOFA of your infringement claim in accordance with the procedure set forth below.
AFOFA will process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to AFOFA's Copyright Agent at info@Afofa.in (Subject line: "Takedown Request").
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received, AFOFA will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, AFOFA has adopted a policy of terminating, in appropriate circumstances and at AFOFA's sole discretion, users who are deemed to be repeat infringers. AFOFA may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
(i) Any dispute involving AFOFA, whether as a formal party or otherwise shall be resolved by Arbitration of a sole Arbitrator appointed by AFOFA and in accordance with the Indian Arbitration and Conciliation Act, 1996. The seat of Arbitration shall be in Sri Ganganagar, Rajasthan and the language to be used in all proceedings shall be English.
(ii) AFOFA and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
References to "AFOFA", "we", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and AFOFA are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Terms of Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER AFOFA NOR ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AFOFA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL AFOFA's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID AFOFA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, Two Thousand Indian Rupees (Rs. 2000).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
Most user concerns can be resolved quickly and to the user's satisfaction by emailing AFOFA support at info@Afofa.in In the unlikely event that our user support team is unable to resolve a complaint you may have (or if AFOFA has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in any arbitration under this arbitration provision in which you seek less than Rs. 200,000 in damages, AFOFA will pay reasonable attorneys' fees should you prevail. AFOFA will not seek attorneys' fees from you. However, if you initiate an arbitration in which you seek more than Rs. 200,000 in damages, the payment of attorneys' fees will be governed by the applicable rules (as defined below). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
We 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. The guidelines include, but is not limited to, the following salient conditions:
The verification will be essential to withdraw funds from AFOFA, and may be asked by AFOFA, 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 AFOFA when you create a withdrawal request. Campaign Owners may not create multiple Campaigns without proof of meeting fulfillment obligations from the original Campaign. Failure to adequately fulfill Campaign obligations may result in AFOFA removing the Campaign(s) and seeking reimbursement of Campaign funds raised, including by using third-party collections services. Only the Campaign Owner shall be permitted to collect Campaign funds.
AFOFA may attempt to verify the identity and other information provided to us by Campaign Owners, 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. Campaign Owner eligibility is subject to AFOFA’s review of the fulfillment status of prior crowdfunding obligations.
Taxing authorities may classify funds raised on the Services as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. AFOFA will ask for the personal account number / tax identification number (PAN) of Campaign Owners and any beneficiaries so that we may report taxable income to the relevant taxing authorities.
Recipients (campaign organisers, whether individuals or organizations) will comply with foreign exchange rules as explained by the Foreign Exchange Management Act of the RBI & FCRA guidelines. The recipient if an individual or an non-government organization also understands that it needs to 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
The recipients acknowledge and agree that AFOFA does not verify this information and it’s the responsibility of the recipient to procure the necessary approvals and do the necessary compliance before they withdraw the foreign funds received for the campaign. By asking to withdraw the foreign funds its understood by AFOFA that the recipient has completed the necessary documentation.
You agree that AFOFA, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if AFOFA believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. AFOFA may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that AFOFA may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that AFOFA will not be liable to you or any third party for any termination of your access to the Services.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and AFOFA will have no liability or responsibility with respect thereto. AFOFA reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
Please send any questions or comments regarding this Website to email@example.com
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
AFOFA Helping Right Private Limited
Sri Ganganagar, Rajasthan - 335001 (India)
Time: Mon - Sat (9:00 - 18:00)