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<?php
session_start();
include('config.php');
include('sessioncheck.php');
?>
<!DOCTYPE html>
<html lang="en">
<head>
<meta charset="utf-8">
<title>Vidusha|Peer 2 Peer</title>
<meta content="width=device-width, initial-scale=1.0" name="viewport">
<meta content="" name="keywords">
<meta content="" name="description">
<!-- Facebook Opengraph integration: https://developers.facebook.com/docs/sharing/opengraph -->
<meta property="og:title" content="">
<meta property="og:image" content="">
<meta property="og:url" content="">
<meta property="og:site_name" content="">
<meta property="og:description" content="">
<!-- Twitter Cards integration: https://dev.twitter.com/cards/ -->
<meta name="twitter:card" content="summary">
<meta name="twitter:site" content="">
<meta name="twitter:title" content="">
<meta name="twitter:description" content="">
<meta name="twitter:image" content="">
<!-- Place your favicon.ico and apple-touch-icon.png in the template root directory -->
<link href="favicon.ico" rel="shortcut icon">
<!-- Google Fonts -->
<link
href="https://fonts.googleapis.com/css?family=Open+Sans:300,300i,400,400i,700,700i|Raleway:300,400,500,700,800"
rel="stylesheet">
<!-- Bootstrap CSS File -->
<link href="lib/bootstrap/css/bootstrap.min.css" rel="stylesheet">
<!-- Libraries CSS Files -->
<link href="lib/font-awesome/css/font-awesome.min.css" rel="stylesheet">
<link href="lib/animate-css/animate.min.css" rel="stylesheet">
<!-- Main Stylesheet File -->
<link href="css/style.css" rel="stylesheet">
<link rel="stylesheet" type="text/css" href="css/mainSU.css">
<link rel="stylesheet" type="text/css" href="css/utilSU.css">
</head>
<body>
<div id="preloader"></div>
<?php include('header.php'); ?>
<!-- #header -->
<div class="limiter">
<div class="container-login100">
<div class="login100-more" style="background-color:#1a1a1a;">
<p style="padding: 5px;font-size: 16px;color: white">Please read these Terms of Use/Terms and Conditions
carefully before using Fin-Tech.in (the ‘website’ or the ‘Site’), owned by the company Fin-Tech Online
Services Private Limited (the ‘Company’ or ‘Fin-Tech). This agreement sets forth the legally binding terms
and conditions for Campaigners, funders and Visitors (collectively called “Users”) 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.
It is clarified that all references to 'he', 'his', 'him' and 'himself', in the context of the User, shall
be deemed to include references to Users of the opposite gender as well as Users who are legal or
non-natural entities.
Summary of Services
Fin-Tech operates an online platform where certain users ('Campaigners') run campaigns to raise funds for
their creative & innovative projects. They raise funds by asking for contributions from other users
('funders') in return for tangible and intangible rewards. The funders do not get any monetary return on
their funding amount. Every campaign has a funding goal and only up to 60 days to reach this funding goal.
If the campaign does not reach its funding goal within this time period, the funds collected are refunded to
the Funders.
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 accept
that offer and the contract between the campaigner and the Funders. Fin-Tech is not a party to that
agreement between the campaigner and Funders. All dealings are solely between Users.
Acceptance of Terms
The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of
Use, including the Privacy Policy (that can be found on the website) mentioned in this document and all
other operating rules, policies, and procedures that may be published on the Site, which are incorporated by
reference and may be updated by the 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.
The Services of the Site is available only to individuals or entities who need their funds transferred to an
Indian bank account. The Company may, in its sole discretion, refuse to offer the Site's services to any
person or entity and change its eligibility criteria at any time. This provision is void where prohibited by
law and the right to access the Site's services is revoked in those jurisdictions.
Modification of Terms of Use
The 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; Fin-Tech 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;
iv. is in violation of any applicable law or contractual obligation.
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.
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 Funders 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 bank account till the campaign is running for a time period chosen by
the campaigner. And transfers the funds to the campaign's bank account 15 days after the campaign's time
period has ended.
• Makes refunds after deducting necessary transaction fee to the funder.
• Does not generate contributions and Funderss 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.
Terms and conditions for campaigners
Exclusivity
The Campaigner shall not, directly or indirectly, run or be associated with any other crowdfunding 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 Fin-Tech.
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 Fin-Tech 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 Fin-Tech does not ensure that it would prevent any leakage of
information outside.
Campaign approval or rejection
The Company 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 Company, are
allowed to raise funds on the Site by running their campaigns. The Company 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 pay Fees as defined below before going ahead to create
and run their campaigns.
Fee structure
The Campaigner agrees to pay Fin-Tech the following fees in relation to the Campaigner’s crowdfunding
campaign(s):
• Upfront Non refundable fee of Rs. 3,500 to be paid within 7 days of your campaign getting approved. GST
and other taxes, if any, shall be payable on this amount at the rates applicable as on the date of payment.
• Campaign commission of 10%, to be charged on the total amount of funds raised at the end of your campaign,
if your campaign meets or exceeds its funding goal successfully (There shall be NO additional Payment
Gateway charges). GST and other taxes, if any, shall be payable on this amount at the rates applicable as on
the date of campaign settlement.
• Fees towards Digital Marketing and PR services: These are optional services which shall be charged at Rs.
10,000. This money has to be paid to Fin-Tech together with the upfront fee. GST and other taxes, if any,
shall be payable on this amount at the rates applicable as on the date of payment.
This money has to be paid to Fin-Tech within 10 days of onboarding with your campaign consultant. Service
Tax and other taxes, if any, shall be payable on this amount at the rates applicable as on the date of
payment.
Non-negotiation clause
The Campaigner hereby agrees to pay Fin-Tech’s fee as listed above. Fin-Tech fee is non-refundable and
non-negotiable under any circumstances.
Exclusivity
Campaigners shall not, directly or indirectly, run or be associated with any other crowdfunding campaigns on
any other platform while crowdfunding on the Site through Fin-Tech, for the same project.
Campaign setup
Campaigners are solely responsible for creating their own campaign pages within the format provided by
Fin-Tech. 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 Fin-Tech can
launch before Fin-Tech has approved 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. Fin-Tech feedback to change the elements, if given to the campaigner, must be
implemented by the campaigner. Fin-Tech 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 Fin-Tech.
Campaign marketing
The Campaigner is solely responsible for marketing his campaign to friends, family members, and fans,
through various online & offline channels. Fin-Tech will only provide marketing guidance in the form of a
pre-live marketing strategy and marketing tips & tricks post campaign launch. If a campaigner has paid for
Digital marketing and PR services to Fin-Tech, the services provided are only restricted to running Facebook
ads and getting the digital and press media to cover the campaign. However, Fin-Tech 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.
Fin-Tech may, at its sole discretion, showcase live campaigns in the “Discover” section of its website.
Fin-Tech also reserves the right to select & market any campaign as “Favorites” or in its periodic emailers
to its database or on its Facebook and Twitter profiles. Campaign performance may influence selection but
does not ensure it.
All or Nothing policy
Every campaign has a funding goal and only up to 60 days to reach this funding goal. If the campaign does
not reach its funding goal within this time period, the funds collected are refunded to the Funders by
Fin-Tech. All payments shall be refunded via their original modes of payment, i.e. all online payment shall
be refunded as a transaction reversal and all offline payments shall be issued a cheque. In such cases,
Fin-Tech shall not levy its commission. However, the payment gateways shall charge their relevant fees
(depending on method of payment). Additionally, a fee of Rs. 30 to 90 is charged for cheque couriers if the
money is returned via cheques. All refunds shall be processed within 15 days of the campaign end date.
Reporting
All campaigners are provided all information about their funders such as name, email, contributions, rewards
etc., in the analytics section of the campaigner profile. Fin-Tech enables complete transparency of funds
collected through real time emails for every funding transaction & funder reports downloadable at the
discretion of campaigners. However, Fin-Tech is not liable for incorrect funder information provided by
funders. Campaigner must connect with Funders directly, without involving the Site or the Company, to get
any other information other than contacts details or other than the details of the Funders provided by
Fin-Tech to the campaigner.
Fund transfer and management
Fin-Tech 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.
For all Campaigns which successfully reach their fund targets, fund transfers are only made to Indian bank
accounts after 15 days of the end of the campaign through net transfer or by cheque. Fin-Tech shall deduct
all fees including GST and other taxes, if any as listed above and thereafter transfers the net amount.
If the Campaigner has not met his funding goal within the stipulated time period, the funds are transferred
back to funders. The payment gateways shall deduct their commission on such refunds. Fin-Tech shall not
charge any commission on such 'Unsuccessful Campaigns.'
Fund transfer in case of Indian based and Foreign based Campaigns.
Campaigns may be either
1. 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
2. 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).
Incase of India based campaigns, all contributions made by funders through Indian bank accounts/ Indian
credit / debit cards or other Indian payment instruments shall be initially received into a Fin-Tech India
account (in India) and all contributions made by funders through foreign bank accounts/ foreign credit /
debit cards or other foreign payment instruments shall be initially received into a Fin-Tech USA account (in
USA). Such funds shall thereafter, depending on whether the campaign is successful or not, be transferred to
the bank account of the campaigner or refunded to the relevant funders. It is clarified that incase of
unsuccessful campaigns, payment gateway charges (if applied by the relevant payment gateway) shall be
applicable at the time of refund.
Incase of foreign based campaigns, all contributions made by funders, irrespective of the nature of bank
account or payment instrument, shall be initially received into a Fin-Tech USA account (in USA). Such funds
shall thereafter, depending on whether the campaign is successful or not, be transferred to the bank account
of the campaigner or refunded to the relevant funders. It is clarified that incase of unsuccessful
campaigns, payment gateway charges (if applied by the relevant payment gateway) shall be applicable at the
time of refund.
Foreign funds
All foreign contributions shall be required to be made in strict compliance with Foreign Contribution
Regulation Act, 1976. The campaigner represents and warrants that it is aware of the Foreign Contribution
Regulation Act, 1976 and its contents and is seeking contributions in full compliance with the provisions of
Foreign Contribution Regulation Act, 1976. Further, the campaigner covenants that it shall, at all times,
remain in absolute and full compliance with the provisions of Foreign Contribution Regulation Act, 1976, in
relation to the campaign.
The campaigner agrees that Fin-Tech is relying on the Campaigner’s specific representation of compliance
with Foreign Contribution Regulation Act, 1976 and is agreeing to enter into this agreement based on such
representation. In the event that such representation is inaccurate, false or misleading, the campaigner
shall solely be responsible and liable and shall indemnity Fin-Tech for any and all direct or indirect, loss
or damage suffered by Fin-Tech.
Only if the Campaigner is an NGO, it shall have to be registered/approved with Foreign Contribution
Regulation Act, 1976 to be able to receive foreign contributions. Else foreign contributions will be
restricted on such Campaigner’s campaign.
Taxation
Campaigners must bear any and all tax liabilities on the funds raised through Fin-Tech. These taxes may
include, but are not limited to, income tax, VAT, service tax and GST applicable on the fund's raised or on
the procurement of rewards. Fin-Tech is not liable to provide any tax or legal advice to Campaigners.
Information provided in Fin-Tech FAQs are only a guideline and subject to change without notice.
Use of funds
The campaigner must use the funds collected through Fin-Tech solely for the project described in their
crowdfunding campaign. Campaigners shall be liable to legal prosecution by Funders and/or Fin-Tech (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 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.
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 Funders. The Funders are
free to get in touch with the campaign owner directly and solving any dispute that arises regarding the
campaign or the project.
Campaign rewards
Campaigners must offer at least 3 rewards to funders in exchange for their funding. These rewards cannot,
under any circumstances, be financial in nature (e.g., interest on funding amount, ownership/equity stake,
revenue/profit share).
Campaigners are solely responsible for the procurement and delivery of rewards to funders and must meet the
rewards delivery date specified by them on the campaign page.
Fin-Tech will not be responsible for any liabilities resulting from funders' dissatisfaction with rewards
fulfilment. Campaigners acknowledge that they are aware that funders may take legal action if they don not
receive the rewards promised by the campaigner by the specified timeline.
Fin-Tech branding & marketing
Campaigners must include Fin-Tech logo branding on all project and/or campaign related marketing
collaterals, whether online or offline (e.g., online banners, offline flyers) as per Fin-Tech brand and logo
guidelines. Fin-Tech should be credited as the project's "Online Crowdfunding Partner" at campaign or
project related offline events. Also successful campaigners are obliged and undertake to attend and/or lead
Fin-Tech branding & marketing activities such as events, ad videos, interviews, etc.
Campaign cancellation
Notwithstanding anything set out herein, Fin-Tech reserves the right, at its sole discretion, to reject,
cancel, interrupt, remove, or suspend a campaign at any time and for any reason. Fin-Tech is not liable for
any damages as a result of any of those actions. Fin-Tech policy is not to comment on the reasons for any of
those actions.
Fin-Tech rights
Fin-Tech shall have the right to:
1. make changes in its technology platform or services, at its sole discretion, at any time, without notice
or liability.
2. decide who’s eligible to use the services offered by Fin-Tech.
3. cancel accounts or decline to offer our services.
4. change our eligibility criteria at any time.
5. cancel any funding to any project, at any time and for any reason.
6. reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.
Fin-Tech is not liable for any damages as a result of any of these actions, and it is our policy not to
comment on the reasons for any such action.
Fin-Tech will not have any ownership rights over your User Submissions and Content. However, Fin-Tech 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. Fin-Tech (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 Fin-Tech does not affect your
other ownership or license rights in your User Submissions, including the right to grant additional licenses
to your User Submissions.
The Campaigner agrees and grants Fin-Tech the right to use all the visual and text-based content (digital or
non-digital) submitted by the Campaigner for his campaign(s), for the purpose of branding and marketing
activities of the platform/ Fin-Tech. Notwithstanding anything in this Agreement, the Campaigner agrees to
grant Fin-Tech an exclusive, perpetual, irrevocable rights and license, on worldwide basis, to monetize the
Campaigner's project pitch video(s) through any means or medium deemed for by Fin-Tech, including various
digital platforms such as Vimeo, Youtube etc.
Campaigner email database
The Campaigner hereby agrees to grant Fin-Tech 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 Fin-Tech, 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 Fin-Tech, whether or not such
campaigns are related to the Campaigner. It is clarified that the Campaigner shall share such Campaigner’s
contacts database with Fin-Tech as part of formulating its Campaign.
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
Registration
Funders 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 Fin-Tech and use their Facebook profile
picture as the profile picture of their Fin-Tech account. The Site does not publish any content on their
Facebook profiles without their permission. The Site also gets access to the User’s friend's list, only
after the User gives the permission to get access to this list.
Contribution details
A contribution is a voluntary donation made by a Funders to a project's campaign running on the Site for the
purpose of raising funds. The Funders does not make the contribution for any financial / monetary returns
like equity or profit share in the project, neither is his/her contribution considered a loan to the project
or its campaigner.
Fees and taxes
Funders 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, or while refunding their amount.
Payment details
By funding a campaign, the Funderss 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, necessary
& required details of their credit and debit cards for making an online contribution. Funders agree to have
sufficient funds or credit during making a contribution for a campaign. Funders 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. We as a merchant 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.
Other Funders information
Funders 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
'Funders' section of the campaign that is funded by them. However, Funders can choose to be "anonymous", if
they don't wish to make themselves public. None of the Funders' funding amount is made public by the Site.
Furthermore, by providing the Site their contact details, Funders 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.
Project completion
The Company or the Site does not oversee the performance or punctuality of projects, neither does it
guarantee the completion of projects. The responsibility of project completion solely lies with the
campaigner.
Funders agree to not hold the Site or the Company responsible for any of their dissatisfaction related to
the project they funded and must deal with the campaigner directly. Funders, by making a contribution to a
campaign on the Site, are assumed to have understood that projects run the risk of getting delayed or not
completing.
The Company or the Site also does not endorse any User Submissions. Users (both campaign owners and Funders)
release the Company and the Site, 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.
Rewards delivery
Contribution towards the favourite campaign on the Site will be solely considered a voluntary contribution
for which Funders will receive the incentive/reward mentioned in the amount slab chosen by the Funders. The
Estimated Delivery Date of the reward given by the campaigner is not a promise to deliver the reward by that
date, but is merely an estimate of when the campaigner hopes to deliver the reward. Delivery and fulfilment
of the promised rewards to the Funders is the sole responsibility of the campaigner. The Company or the Site
shall not be responsible for any liabilities resulting from Funders' dissatisfaction in relation to issues
around incentives/rewards to be offered and fulfilled by the campaign owners.
Refund
Funders will get a refund of their contribution in case the campaign they are funding fails to achieve its
target. The Funders agree to receive the refund either through a couriered cheque or via an online
reversal/refund of their original payments. In case of a cheque refund (for cases where the initial
contribution was made via cheque or bank transfer), the Funders agrees to allow Fin-Tech to deduct courier
charges from the contribution. In case of an Online refund/ reversal (for cases of online Payment), the
Funders agrees and acknowledges that the payment gateway has the right to deduct their charges from the
refunded amount.
A Funder cannot ask for a refund if a campaign he/she funded met its target. The Funders relieve the Company
or the Site from any obligation to make a refund in such a case.
In the event of an unreasonable delay beyond the period stipulated by the campaigner for fulfilment of the
rewards, after a campaign has successfully met its target, a Funders may seek legal remedy directly against
the campaigner / campaign owner.
Campaigners may cancel or refund a contribution at any time and for any reason, and if they do so, are not
required to deliver the reward.
Campaigners and Funders agree to deal directly with each other, without involving Fin-Tech regarding any
refund negotiations other than in the aforementioned scenario.
Rights of the project
Funders 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 Funders
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.
Representations and warranties
You (i.e. the campaigners and the Funders) hereby represent and warrant to Fin-Tech that:
i. all information provided by them during the registration / campaign / funding process, as applicable, is
true and accurate;
ii. they are capable (in case of an individual, being above 18 years of age) and duly authorized (in case of
a legal entity, by way of appropriate corporate approvals) to enter into the campaigning / funding
arrangement, on behalf of himself, any other person, company, or other entity.
Covenants
No Person shall copy or utilise, in any manner, the questionnaire(s), responses, designs, content or any
other data generated in consultation with Fin-Tech, without the prior written consent of Fin-Tech.
General terms and conditions
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
iii. remove or block any User or User Submission. Fin-Tech.in 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.
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
Fin-Tech 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.
• Fin-Tech 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.
• Fin-Tech 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
Fin-Tech responsible in the event of target not met. The campaigners and/or the Funders will also not hold
Fin-Tech responsible for any unforeseen technical glitches such as but not limited to website down for
maintenance, server errors, speed of website download, any viruses in the website 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 Fin-Tech, 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. Fin-Tech 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 Wishbery
in asserting any available defenses.
Limitation of Liabilty
In no event shall the Company, 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).
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, third party
intervention, change in law or economic circumstances, mechanical, electronic, or communications failure or
degradation.
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.
Dispute Resolution
If any dispute, controversy or claim arises out of or in connection with these Terms of Use, in which the
Company is a party (a Dispute), the disputing parties shall use all reasonable endeavours to negotiate with
a view to resolving the Dispute amicably. If a party gives the other party notice that a Dispute has arisen
(a Dispute Notice) and the parties are unable to resolve the Dispute amicably within 30 (thirty) days of
service of the Dispute Notice (or such longer period as the parties may mutually agree), then the Dispute
shall be referred to arbitration in accordance with the below terms. Subject to the above clause, all
Disputes or differences regarding this Agreement shall be submitted to final and binding arbitration. In the
event of such arbitration:
• The arbitration shall be in accordance with the rules of the London Court of International Arbitration, in
force at the relevant time (which is deemed to be incorporated into this Agreement by reference);
• All proceedings of such arbitration shall be in the English language. The place / seat of the arbitration
shall be Mumbai and the courts of Mumbai shall have exclusive jurisdiction over the arbitration proceedings;
• The Law governing the conduct of arbitration and the arbitration proceedings shall be the laws of India;
• The arbitration shall be conducted before a sole arbitrator appointed by Fin-Tech;
• Arbitration awards shall be reasoned awards and shall be final and binding on the disputing parties; and
• The existence or subsistence of a dispute between the parties, or the commencement or continuation of
arbitration proceedings, shall not, in any manner, prevent or postpone the performance of those obligations
of the parties under the Agreement which are not in dispute, and the arbitrators shall give due
consideration to such performance, if any, in making a final award.
Nothing shall preclude a party from seeking interim or permanent equitable or injunctive relief, or both.
The pursuit of equitable or injunctive relief shall not be a waiver of the right of the parties to pursue
any other remedy or relief through the arbitration.
Governing Law
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 Mumbai.
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 the Company with respect to the Service, and
supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic)
between you and the Company 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 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.</p>
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<span class="focus-input100"></span>
</div>
<div class="wrap-input100 validate-input" data-validate="Time is required">
<span class="label-input100">Select time to reach</span>
<select class="input100" name="time">
<option>Select</option>
<option value="7">1 Week</option>
<option value="14">2 Weeks</option>
<option value="21">3 Weeks</option>
<option value="28">4 Weeks</option>
</select>
<span class="focus-input100"></span>
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I agree to the
<a href="#" class="txt2 hov1">
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</a>
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Submit form
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