DISCLAIMER OF WARRANTIES AND LIABILITY
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, Crowdwave does not warrant that:
This Website will be constantly available, or available at all; or
The information on this Website is complete, true, accurate or non-misleading save and except as provided herein and which information is provided by the Campaigners themselves and none that which is provided or verified by Crowdwave.
Crowdwave 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.
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 Campaigners 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.
FINANCIAL TRANSACTION FACILITY - DONORS / CONTRIBUTORS
While availing any of the payment / donation / contribution method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
Lack of authorization for any transaction/s, or
Exceeding the preset limit mutually agreed by You and between your “Bank/s”, or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s
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.
You understand, accept and agree that the payment facility provided by Crowdwave 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 Crowdwave Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Crowdwave is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Crowdwave 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.
Crowdwave may delay notifying the payment / transaction confirmation i.e. informing Campaigner, if Crowdwave deems suspicious. In addition, Crowdwave 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.
The Donor / Contributor acknowledge that Crowdwave 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 Crowdwave.
Crowdwave shall make payments, net of its costs, charges and fees into the bank account provided by the Campaigner during Campaigner Registration process. Once Crowdwave has made payments into such bank account number Crowdwave shall be discharged of any/all liability towards the Campaigner and the Campaigner shall not be eligible for any claims thereof.
FINANCIAL TRANSACTION FACILITY - CAMPAIGNERS
You, as a Campaigner, shall be required to register yourself with Crowdwave and provide Crowdwave with all the necessary information as may be deemed by Crowdwave 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. Crowdwave 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.
The funds collected towards each Campaign shall be transferred to You, as per the details provided to you at the end of the Campaign and net of the Crowdwave’s platform facility fees. If at any time either during or after the Campaign, You are unable to fulfill your commitments, or out of requirement under law, You shall return the money to the Donor / Contributor within a timely manner.
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 Campaigners Bank A/c.
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. Crowdwave shall settle all amounts net of its fees to the accounts of the Campaigners in accordance with the rules set out by the Reserve Bank of India in the Intermediary Guidelines.
COMPLIANCE WITH LAWS:
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 Crowdwave Website.
DONOR’S / CONTRIBUTORS ARRANGEMENT WITH ISSUING BANK:
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.
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.
Without limiting other remedies, we may limit Your activity, immediately remove Your information, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Website in the event, but not limited to:
If we are unable to verify or authenticate any information You provide; or
If it is believed that Your actions may cause legal liability for You, other users or us.
The Campaigner shall indemnify and hold harmless Crowdwave, 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 Crowdwave 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 Crowdwave and the User.
The User hereby agree and state that Crowdwave is only a service provider to enable the Non-profit organizations and Campaigners to market/publicize/create awareness/advertise their respective cause/campaigns and Crowdwave shall in no way be responsible for the performance and/or liable for any mis-representation of any information provided by the Campaigners in any manner whatsoever and the User hereby waives his/her/their/its right to bring any action/cause/dispute against Crowdwave for any reason whatsoever.
MODIFICATIONS AND ALTERATIONS
APPLICABLE LAW & JURISDICTION
Any dispute involving Crowdwave, whether as a formal party or otherwise shall be resolved by Arbitration of a sole Arbitrator appointed by Crowdwaveand in accordance with the Indian Arbitration and Conciliation Act, 1996. The seat of Arbitration shall be in Chennai and the language to be used in all proceedings shall be English.
LIMITATION OF LIABILITY
Please send any questions or comments regarding this Website to firstname.lastname@example.org.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
The Crowdwave Trust
6/13, North Avenue, Kesavaperumal puram
Time: Mon - Fri (9:30 - 18:00) Sat (9:30-1:30)