Terms
MS Agri Trust | Crowdfunding
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We do not provide any financial return in any form whatsoever, including but not limited to financial securities (debt or equity), interest, dividends, profit shares, and rewards in cash, to individuals who contribute on msagritrust.com.
Any contribution to msagritrust.com by an individual should not be construed as an investment in any form whatsoever.
1. This document is an electronic Information Technology Act 2000 record. It rules as applicable and the amended provisions about electronic records in various statutes as amended by the Information Technology Act, 2000. A computer system generates this electronic record and does not require any physical or digital signatures.
2. This document is published by the provisions of Rule 3 (1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended, supplemented or replaced from time to time, that require publishing the Privacy Policy and Terms of Use for access or usage of the website, www.msagritrust.com
3. The domain name www.msagritrust.com (from now on referred to as "Website")is licensed for use by MS Agri Trust, an Indian Trust with its registered office at 395, Venkadareddiyur, P.K.Puthur Post, Anthiyur Taluk, Erode District -638504, Tamilnadu, India.
4. Your use of the Website and Services and tools are governed by the following terms and conditions mentioned herein as applicable to the Website, including the applicable policies incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that apply to the Website for such transactions. By using the Website, you shall be contracting with MS Agri Trust, and these terms and conditions, including the policies, constitute your binding obligations with MS Agri Trust.
5. For these Terms of Use, wherever the context so requires 'you' or 'User' shall mean any natural or legal person which shall include both Donors / Contributors (as defined below) and Campaigner (as described herein below) as and where applicable and to be understood so) who has agreed to become a member/user of the Website by providing Registration Data while registering on the Website or signing in through an Associated Partner (via the API), as a Registered User using the computer systems (all such Donors/contributors/ and Campaigner shall from now on be collectively referred to as “User”). MS Agri Trust allows all person(s) to surf/explore the Website without registering on the Website. However, MS Agri Trust does not allow any contributors/donors to make financial contributions or contributions to any of the campaigners with prior registration/signing in. The terms "we", "us", and "our" shall mean MS Agri Trust and the terms “you” and “your” referred to herein shall be deemed to mean the User
6. When you use any of the Services provided by us through the Website, including but not limited to (e.g. Reviews, Comments, Feedback, etc), you will be subject to the rules, guidelines, policies, terms and conditions applicable to such service. They shall be deemed incorporated into these Terms of Use and considered part and parcel of these Terms of Use. At our sole discretion, we reserve the right to change, modify, add or remove portions of these Terms of Use at any time without any prior written notice to you. The User iUser's responsibility is to use these Terms of Use periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. BY IMPLIEDLY OR EXPRESSLY ACCEPTING THESE TERMS OF USE, YOU ALSO ACCEPT AND AGREE TO BE BOUND BY THE MS AGRI TRUST PRIVACY POLICY.
1. Services of MS Agri Trust
(i) MS Agri Trust is a marketing service provider, and the Website merely provides platform services that can be utilized by Users (Donors / Contributors and Campaigners) and persons browsing/visiting the Website to reach a more extensive base of people, organizations and causes. MS Agri Trust only provides 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 Campaigners and the representatives of several non-profit organizations in India. Based on the representations of the campaigns started by such person(s) and a cause supported by such campaigners and non-profit organisations in India, donors enter into transactions to make contributions or share information. All information about the campaigns is provided by the respective campaigner initiating the campaign and the non-profit organizations in India for which/on behalf of whom the campaigns have been started to raise funds. MS Agri Trust does not influence or control any campaign on the Website; the Campaigners manage these. MS Agri Trust does not intend to influence, induce or coerce any Donor into donating to a campaign; these decisions are made solely by the Campaigner and Donor, as the case may be.
(iii) The Content (defined in Section 10 below) created about campaigns is either provided to MS Agri Trust by the Campaigner themselves or is procured and shot and conducted by MS Agri Trust with the express consent of the Campaigner (and their guardians). In each case, the Content is provided to MS Agri Trust at the free will of the Campaigner. MS Agri Trust uses the Content solely to promote/ advertise the Campaign. The User acknowledges that MS Agri Trust is only a marketing service provider and does not verify campaigns' bona fides and genuineness (including the information forming part of the Content). MS Agri Trust can not verify specific data the Campaigner provides about a campaign. Therefore, MS Agri Trust shall not in any manner be responsible or held accountable for any transaction or potential transaction between the Users.
(iv) MS Agri Trust has limited control over all campaigns and information listed and advertised on the Website or any other platform and Campaign-generated information. It is merely an intermediary and does not interfere in the transaction between Donors / Contributors and campaigners.
(v) It is now clarified that at no time shall MS Agri Trust hold any right, title or interest over the funds or rewards (except to the extent stated herein) or have any obligations or liabilities to provide the same to the Donor/contributor. MS Agri Trust is not responsible for the unsatisfactory or delayed performance of the Campaign by the Campaigner.
2. Eligibility of the User (as defined herein below)
(i) Website use is available only to persons who can form legally binding contracts under the Indian Contract Act of 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act of 1872, including minors, un-discharged insolvents, etc., are not eligible to use the Website. Suppose you are a minor, i.e., under the age of 18. In that case, you shall not register as a member of MS Agri Trust nor 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 the Website, such use or transaction may be made by your legal guardian, parents or through an organization / NGO competent to contract on the Website. MS Agri Trust reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to MS Agri Trust's notice or if it is discovered that you are under the age of 18 years.
(ii) Organizational Campaigner / Legal Person's Registration: If you register as an Organization / Entity or generally as a Legal Person, not a natural person, you represent that the Organization / Entity Management duly authorizes you to accept these Terms of Use. You can bind the Organization / Entity to these Terms of Use.
3. Campaigner
(i) A Non non-profit organisation in India that is registered on MS Agri Trust and a person who is a supporter or intends to further the cause of such Non-Profit Organizations in India or an Individual with an Indian bank account or a private limited company with a bank account in India, is permitted to present/host a campaign on the Website of MS Agri Trust by the Policies which are incorporated by way of reference in this Terms of Use and any agreement entered into by MS Agri Trust and any such person (a Non-Profit Organization, an Individual or a company in India registered with or is a member of MS Agri Trust and any person hosting a Campaign on the Website shall from now on collectively be referred to as a “Campaigner”).
(ii) A Campaigner is bound and legally liable to provide accurate, trustworthy, and correct information, guarding to details of the cause for which the Campaign is hosted and funds being raised on our Website.
(iii) A Campaigner shall ensure that the description of the Campaign is not misleading and describes the need and use of the funds to be raised. MS Agri Trust reserves the right to delete your Campaign if it is brought to its notice that the information you provided is false, does not depict the true nature of the Campaign, or is misleading in any manner.
(iv) You shall ensure that the documents and information submitted/ disclosed by you to MS Agri Trust in support of the Campaign are consistently accurate, correct, and up to date and do not relate to any other person besides you or the beneficiary.
(v) 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 for and use of the funds raised. Suppose any rewards or promotions are being offered to the Donors / Contributors. In that case, you acknowledge the same products shall be kept in stock by you and if services, personal or otherwise, shall be fulfilled by you.
(vi) It shall at all times be the responsibility of the Campaigner to furnish the Donor with an accurate progress report and any other information that the Donor may require to track the utilization of the funds donated by the Donor to the Campaigner via MS Agri Trust.
(vii) You further agree that by listing your Campaign on the Website, you shall at all times abide by various laws applicable to You, as amended from time to time, 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. You shall ensure that you and the beneficiary are not prohibited from raising donations from foreign sources under Section 3 of the Foreign Contribution (Regulation) Act of 2010 or any other applicable law for the time being in force, and it shall be your responsibility to ensure that all the licenses/ permissions procured by you/the beneficiary (as the case may be) about the Campaign are valid and subsisting throughout the Campaign and while the beneficiary is utilizing the donated funds.
(viii) If you or the beneficiary on behalf of whom you are raising funds have ever been, or during the Campaign, are, investigated for and charged with any crime of or relating to theft, fraud, embezzlement, moral turpitude, money laundering, forgery, misrepresentation or terrorist activities or blocked by any governmental authority in any country, including under any sanctions list maintained by the United States Office of Foreign Asset Control, you should report this to MS Agri Trust promptly. You acknowledge that in such cases, MS Agri Trust may, without any liability accruing to MS Agri Trust, at its sole discretion, (i) terminate/ suspend the campaign and return all or part of the donations to the respective Donors and (ii) where the donations have already been disbursed to you, require you to refund all or part of the donations. MS Agri Trust may also terminate/ suspend your membership and use of the Website. The rights and remedies of MS Agri Trust under this section shall be in addition to its rights in law or equity.
(ix) You shall fully and accurately disclose all material facts relating to the beneficiary, purpose, and campaign and not withhold any material fact from disclosure. Suppose any information provided by you were to, or likely to, become not accurate, correct or complete at any time (for example, due to expiry of permissions, change of purpose, death of the beneficiary, etc.). In that case, you shall promptly notify MS Agri Trust and the Donors in writing.
(x) If we become aware that any information provided by you is inconsistent, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is unreliable, inaccurate, not current or incomplete, or not by these Terms of Use, We reserve the right to, among other things, indefinitely suspend or terminate the Campaign and refuse access to the Website. Further, you understand that we shall not be held liable for any damage or consequences of any manner towards you or any third party due to the actions undertaken by MS Agri Trust under Section 3(x) of these Terms of Use.
(xi) You shall withdraw/utilise the funds raised on our platform within 45 days from the end of the campaign. MS Agri Trust reserves the right to refund/make the payout to the beneficiary on its own if the campaigner does not withdraw the funds within 45 days from the campaign's end date.
(xii) MS Agri Trust allows you to leave us a tip while withdrawing the funds. Once you leave us a tip, MS Agri Trust reserves the right to utilize the funds as it deems fit without any obligation to refund/pay it back to you under any circumstances.
(xiii) We may require you to periodically update/re-attest your/ the beneficiary’s eligibility to receive donations, including applying foreign donation laws. In this regard, you may be required to certify that the information/ documents you provide are up-to-date, accurate, and valid. You shall do so promptly when requested and at your own cost. Your failure to provide updates or relevant documentation would constitute a breach of these terms.
4. Donor
1. Any person who fulfils the eligibility criteria in clause two above shall be permitted to donate an amount higher than Rs. 100 or USD 10 in value to any Campaign started/listed on the Website by any Campaigner (“Donor”).
2. The Donor now agrees to make the payments for any Campaign per the terms and conditions stated herein.
3. The Donor further agrees and declares that the Donor is aware that MS Agri Trust has no responsibility to verify the accuracy of any statement and information furnished by the Campaigner concerning any Campaign under which the Donor has donated money(s) for any Campaign via MS Agri Trust on the Website.
4. The Donor will be sent timely updates about the progress/status of the fundraiser from both the Campaigner and MS Agri Trust via SMS and email. To opt out of this service, one must log into their MS Agri Trust profile and turn off the communications for that campaign.
5. Through the Website, Donors may obtain access to certain information about the Campaigner and beneficiaries, including means of direct communication. Nothing in these terms shall be viewed as MS Agri Trust certifying that the Campaign information provided is unqualified, error-free, exhaustive and warranted by MS Agri Trust. The Website allows Donors to ask Campaigners questions concerning the Campaign and otherwise test the soundness of any campaign. While donating through the Website, the Donor shall conduct their independent due diligence concerning any information/Campaign listed by a Campaigner (including the non-profit organization in India) before making any donations on the Website. MS Agri Trust shall not be responsible in any manner for any misrepresentation and false information that may be listed on the Website. The Donor should not rely on MS Agri Trust or its affiliates for the accuracy, completeness or adequacy of the information supplied on the Website. Moreover, Donors should note that neither MS Agri Trust nor any of its affiliates or employees track, represent or warrant that Campaigners or the beneficiaries use the donated funds in the manner and for the purpose described by them.
6. In the event a Campaign is listed by any person on behalf of a non–profit organization in India, the Donor shall approach only the particular non-profit organization in India for which the Donor has donated the money to track the utilization of the funds or any other information that the Donor may require. The Donor at this moment agrees and declares that the Donor is aware that MS Agri Trust shall at no point of time be held answerable or accountable for any money(s) once the funds donated have been handed over to the non-profit organization in respect of which donations have been made.
7. Impact Coupons - The user must log onto msagritrust.com, where the person can browse all campaigns on MS Agri Trust and contribute INR 100 to any campaign without paying anything using this coupon. The user needs to be logged in via Facebook, and can be used only once per user. Multiple usage by the same account will not be allowed.
8. If a Campaign is terminated prematurely for any reason, including due to the death of a Campaigner or their early recovery, etc., all or a part of the donations received may be unutilized. In such cases, MS Agri Trust reserves the right to divert the unutilized contributions to any other active Campaign on its Platform. MS Agri Trust shall endeavour to redeploy the unutilized contribution within 45 days of determining that it cannot be utilized for the Campaign for which it was initially received. If MS Agri Trust cannot redeploy the contributions within the specified time, the entire amount donated will be refunded to the Donor’s account. We will notify you once the contributions have been redeployed.
9. Donors authorize MS Agri Trust and its service providers to collect, process, facilitate and remit funds through regular banking channels, payment, clearance, and settlement systems.
10. MS Agri Trust reserves the right to (i) delay payments (without payment of interest) or refuse to process payments by any Donor, including for any questionable transactions, and (ii) terminate/suspend a campaign about the said questionable transactions. This includes, without limitation, suspected collusion between the Donor and the Campaigner to bring about false impressions, mislead other Donors, breach/ violate any law or further any charges imposed by issuing banks, or generally breach governmental policies or applicable laws.
5. User Account and Registration Obligations
(i) By using the Website, you shall be responsible for maintaining the confidentiality of your Login Name and Password, and You shall be responsible for all activities that occur under your Login Name. You agree that if any information provided by you that is inconsistent, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is unreliable, inaccurate, not current or incomplete, or not by these Terms of Use, We reserve the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse you access to the Website
6. Communications
(i) When you use the Website or send emails or other data, information or communication to MS Agri Trust, you agree and understand that You are communicating with MS Agri Trust through electronic records. You consent to receive communications via electronic records from MS Agri Trust periodically and as and when required. MS Agri Trust may communicate with you by email or any other electronic or otherwise.
7. Platform for Information, Communication and Transaction
(i) 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. MS Agri Trust has no control or does not determine, advise or involve itself in determining any details of the Campaign or the offers of the Campaigner or acceptance of such commercial/contractual terms between the Donors / Contributors and the Campaigner.
(ii) MS Agri Trust 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 expressly made for individual campaigns. Notwithstanding any representations made, Users are free to independently verify the integrity of any statement made on the Website. MS Agri Trust does not implicitly or explicitly support or endorse any of the campaigns on the Website. MS Agri Trust accepts no liability for any errors or omissions, whether on its behalf or that of any Campaigner.
(iii) MS Agri Trust 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) between Contributors and the Campaigner. MS Agri Trust 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 fulfilment of the obligations of the Campaigner, the same shall be settled between the parties directly. MS Agri Trust shall not be held responsible for any such default/non-performance of the obligations of the Campaigner. At no time shall MS Agri Trust be required to mediate or resolve any dispute or disagreement between Donors and Campaigners. However, MS Agri Trust 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.
(iv) MS Agri Trust 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 Campaigners. You are advised to independently verify the bona fide status of any campaigner you choose to donate or contribute to on the website and use your best judgment.
8. Charges
(i) MS Agri Trust does not charge any fee for browsing the website. MS Agri Trust'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 MS Agri Trust on the terms and conditions agreed to between MS Agri Trust and the beneficiaries of the funds independently. MS Agri Trust reserves the right to change its Fee Policy occasionally. In particular, MS Agri Trust 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, MS Agri Trust reserves the right to introduce fees for the new services offered or amend/raise fees for existing services, as the case may be.
(ii) By agreeing to the Terms of Use, you agree to MS Agri Trust’s plans and pricing policy.
(iii) MS Agri Trust runs advertising campaigns on behalf of its campaigners, for which it deducts the total advertising expense apart from the facilitation fee before transferring the funds to the beneficiary.
9. General Rules for the Use of the Website
You agree, undertake and confirm that your use of the 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 do not have any right to;
(b) is grossly harmful, harassing, profane, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; 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, paedophilia, 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), rights of publicity, or sale of counterfeit/stolen items;
(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 (including those not directly linked to or accessible from another 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;
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or profiles, blogs, communities, account information, bulletins, friend requests, 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 sales without MS Agri Trust’s prior express and written consent, including but not limited to 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 that 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;
(r) refers to any website or URL that, in MS Agri Trust’s discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
(s) harms minors in any way;
(t) violates any law in force for the time being;
(u) deceives or misleads the addressee/ users about the origin of such messages or communicates any information that is grossly offensive or menacing;
(v) impersonates another person or entity;
(w) 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 the value of, surreptitiously intercept or expropriate any system, data or personal information; or
(x) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, causes incitement to commission any cognizable offence, prevents investigation of any offence, or is insulting to 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. MS Agri Trust reserves the 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, server, computer, or networks connected to the Website, or 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 connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
(v) You may not reverse look-up, trace or seek to trace any information on any other individual accessing the Website, or of 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 manner, including but not limited to reveal any personal identification or information, other than your information, as provided for by the Website.
(vi) You shall not make any harmful, denigrating or defamatory statement(s) or comment(s) about MS Agri Trust, or the brand name or domain name used by MS Agri Trust, or otherwise engage in any conduct or action that might tarnish the image or reputation of MS Agri Trust on any platform, and otherwise tarnish or dilute any of MS Agri Trust's trade or service marks, trade name and goodwill associated with such trade or service marks, trade name as may be owned or used by us.
(vii) You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or MS Agri Trust systems or networks or any systems or networks connected to MS Agri Trust.
(viii) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, any transaction being conducted on the Website or with any other person's use of the Website.
(ix) You may not forge headers or otherwise manipulate identifiers 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.
(x) You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity that infringes the rights of MS Agri Trust.
(xi) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and rules made thereunder as relevant 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 with an item or service prohibited by the provisions of any applicable law, including exchange control laws or regulations, for the time being in force. Further, no donation 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 be used for any purpose that is considered unlawful or against public policy as per the applicable laws in India.
(xii) Solely to enable us to use the information, you assign to us rights that you might have in your data; you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, concerning your Information. We will only use your information by the Terms of Use and Privacy Policy applicable to the use of the Website
(xiii) From time to time, you shall be responsible for providing information relating to your donations and disclosing it 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) You shall not engage in advertising to, or solicitation of, other users of the Website to Campaigns or Services, including, but not limited to, Campaigns related to those being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website. It shall violate these Terms of Use to use any information obtained from the Website to harass, abuse, or harm another person or to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. To protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails a user may send to other users in any 24-hour period that we deem appropriate in our sole discretion. You understand that we have the right to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental/court request/order. This may include, without limitation, disclosure of the information concerning the investigation of alleged illegal activity, solicitation of unlawful activity, or in response to a lawful court order or summons. In addition, we can (and you at this moment expressly authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and resolution of possible crimes, especially those that may involve personal injury.
(xv) We reserve the right, but have no obligation, to monitor the materials posted on the Website by a Campaigner or generally by Users on any of the interactive platforms provided on the Website. MS Agri Trust shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES TRANSMITTED VIA THE WEBSITE. Please be advised that the content posted does not necessarily reflect MS Agri Trust's views. In no event shall MS Agri Trust assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and appearance of Content on the Website. You now represent and warrant that you have all necessary rights in and to all content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.
(xvi) 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 incurred as the result of any such dealings or the presence of such advertisers on the Website.
(xvii) 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 is also possible for others to obtain personal information about you due to your use of the Website, and the recipient may use such information to harass or injure you. We disapprove of such unauthorized uses. Still, by using the Website, you acknowledge and agree that we are not responsible for using any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly reveal or share with others on the Website.
(xviii) MS Agri Trust 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).
(xix)MS Agri Trust provides its services to you through its Website, mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Services"), subject to these Terms of Use (as amended from time to time, the "Terms of Use"). At our sole discretion, we reserve the right to change or modify portions of these Terms of Use at any time. If we do this, we will notify you through the user interface (Website/mobile applications) in an email notification or through other reasonable means. Unless otherwise stated, MS Agri Trust may communicate with you officially by any suitable means now known or later developed. These currently include email, regular mail, and postings on the website. 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 Use. In addition, when using particular services, you will be subject to any additional terms applicable to such services that may be posted on the services from time to time, including, without limitation, the Privacy Policy. All such terms are, at this moment, incorporated by reference into these Terms of Use. Finally, we encourage you to review the Charges section of these Terms of Use, particularly if you intend to donate to an MS Agri Trust campaign.
(xviii) Services Description: The Services are offered as a platform (the "Platform") to users of the Services, which may include Campaigners and Donors and other registered users of the Services (which may consist of users who simply "like" campaigns or otherwise interact with the Website or Services). Among other features, the Services are designed to allow Campaigners to post a fundraising campaign ("Campaign") to the Platform to accept monetary donations from those registered users wishing to contribute funds to the Campaign. For purposes hereof, the term "Campaigners" 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 Charges 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. MS Agri Trust facilitates the donation transaction between Campaigners and Donors. Still, it is not a party to any agreement between a Campaigner and a Donor or between any user and a Charity. MS Agri Trust is not a broker, agent, financial institution, creditor or insurer for any user. MS Agri Trust has no control over the conduct of or any information provided by a Campaigner or a charity. MS Agri Trust, at this moment, disclaims all liability in this regard. Anyone is free to report issues related to a campaign on MS Agri Trust, and MS Agri Trust will take necessary action to the best of its abilities. MS Agri Trust does not guarantee that a Campaign or a charity will obtain a certain amount of donations. 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. As a Donor, you 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 our information. While we try our best to do so, we cannot verify the information that Campaigners supply. We cannot guarantee that donations will be used for any fundraising purpose a Campaigner or charity prescribes. We assume no responsibility to verify whether any applicable laws use the donations, and such responsibility rests solely with the Campaigner or charity, as applicable. 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, exceptionally 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, with law enforcement, or to assist in any investigation. The terms and conditions that apply to a Campaign Organiser (Campaigner) are:
You are solely responsible for utilizing the funds for the purpose mentioned on our fundraising page. MS Agri Trust is not responsible in any way towards the end utilization of funds.
This fund-raising page on the Platform will be available to the general public for contributions from when you publish the page on the Platform and if MS Agri Trust accepts your Campaign. You may be unable to raise the targeted amount in the designated period. MS Agri Trust can reject your fundraiser for inappropriate or insufficient content at its sole discretion.
MS Agri Trust will not be responsible in any way whatsoever for the amount of contributions received. It will be your sole responsibility to address any query or objection from a donor regarding the utilisation of funds.
MS Agri Trust will collect contributions online and send them to your designated bank account upon completion of statutory verification. You can raise withdrawal requests post-approval of the Campaign by MS Agri Trust. MS Agri Trust will process the fund transfer after receipt of your withdrawal request.
You understand that MS Agri Trust or its affiliates do not own the funds. At the time of the transfer of funds, you will receive contributions net of MS Agri Trust fees, facilitation fees, applicable taxes, or any other fees mutually agreed upon between you and MS Agri Trust. For a check, please look at the fees in our Charges section.
In case of contributions outside India, you agree that you have the necessary regulatory permissions to receive such funds; such permissions include but are not limited to the Foreign Contributions Regulation Act, 2010 (FCRA) and others mandated by regulatory authorities.
If you are an organization eligible to issue tax deduction certificates to your donors, MS Agri Trust will facilitate the process through its proprietary software application on your behalf. However, your sole responsibility is to ensure you have the necessary approvals and certificates to issue such tax-deductible receipts to your donors. MS Agri Trust will not have any liability, in any form whatsoever, in this regard.
You, at this moment, indemnify and agree to keep indemnified and hold safe and harmless MS Agri Trust, its directors, employees and agents against all such liabilities or claims, losses, damages, taxes, costs (including for Campaign termination/ suspension/ reimbursement, investigations, counsel fees, etc.) that may arise on MS Agri Trust, its directors, employees, controlling persons and agents on account of acts of (i) an omission, (ii) any actual or alleged misuse, waste, abuse or theft of any sums of money raised in any Campaign by you or the beneficiary or utilization of funds by you or the beneficiary on anything other than the stated purpose, (iii) lack of necessary regulatory approvals for receipt of funds in any form or for carrying out the activities required for the execution of the Purpose.; (iv) any untrue statement or alleged false statement of a material fact contained in any document, furnished by you or the beneficiary, directly or through MS Agri Trust, to any person or Donor or the omission or the alleged omission to state or disclose a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, or (ii) any breach of applicable law by You or the beneficiary, including for non-payment of taxes, if any, due; or (iii) any third party claims made against MS Agri Trust due to your non-compliance or Campaign being terminated/ suspended and refund of donations by you. The indemnities, if any, shall survive beyond the period of the Terms of Use. Please read details of the indemnities in the section below in this Terms of Use.
In no event will MS Agri Trust be liable for any indirect, incidental or consequential damages (including loss of profit or business), howsoever arising, whether under contract, tort or otherwise, even if informed of the possibility of the same.
9A. You, on behalf of yourself, the beneficiary and each of your respective representatives, irrevocably and unconditionally, knowingly and voluntarily:
Authorize MS Agri Trust and any service provider or investigative agency retained by MS Agri Trust to check, verify, investigate or otherwise obtain information about you and the beneficiary’s clearance under applicable anti-money laundering, crime or terrorist financing or sanctions lists, including those maintained by India, the United States and other countries having Donors, and background, including criminal background search, civil litigation search, credit report, driving record, worker’s compensation claim history, address verification, identity verification, need validation, verification of health, claim history and insurance records, among others;
Authorize any company, governmental authority, court, law enforcement agency, health services provider, insurance company, or any other person contacted by MS Agri Trust or its representatives (including any service provider or investigative agency retained by any of them) to furnish to MS Agri Trust or its representatives, as the case may be, copies of any documents, records or information in their custody or control relating to you and the beneficiary; and
Release MS Agri Trust, as well as any persons acting on its behalf, from any claims, losses and liability arising from the preceding.
You acknowledge and understand that (i) nothing contained in this section or these terms is intended to impose on MS Agri Trust any initial or continuing obligation to conduct, monitor, or investigate your and the beneficiary’s background and (ii) in the event in the course of its investigations or otherwise, MS Agri Trust was to come into possession of any information relating to the commission of (or any scheme, stratagem or conspiracy for the commission of) any breach of applicable laws or crime by you or the beneficiary, including but not limited to any crime relating to misrepresentation/fraud, forged documents, money laundering, criminal or terrorist financing, unlawful procurement of foreign funds, then in any such event, MS Agri Trust may take steps as per applicable laws including inform any governmental authority and otherwise cooperate with governmental authorities without any obligation to first or subsequently notify you or the beneficiary.
10. Contents Posted on the Site
(i) All text, graphics, user interfaces, visual interfaces, photographs, videos, interviews, pictures, speech, trademarks, logos, sounds, music and artwork (collectively, "Content") a third-party user generates that shall be considered third-party user-generated content. MS Agri Trust has no control over such third-party user-generated content, as MS Agri Trust is merely an intermediary for these Terms of Use.
(ii) Except as expressly provided in these Terms of Use, no part of the Website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or any commercial enterprise, without MS Agri Trust's express prior written consent.
11. Limited License
MS Agri Trust grants Campaigners a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable and personal license to use "Funds raised through MS Agri Trust", "Powered by MS Agri Trust" and "via MS Agri Trust" name and logo on Campaigners' invoice/certificate of donation for transactions concluded on the Website. Further, MS Agri Trust grants Campaigners a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable and personal license to use the "msagritrust.com" name and logo on stationery used by the Campaigner for delivery of communications/receipts/certificates, etc., through the Website.
12. Linked Websites / APIs/Social Networking Sites
(i) MS Agri Trust does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to affiliates and third-party websites using the Website's APIs or otherwise. In addition, the Website may provide links to third-party websites of our affiliated companies and certain other businesses for which MS Agri Trust assumes no responsibility for examining or evaluating the products and services or general information offered by them. MS Agri Trust does not warrant the offerings of any of these businesses or individuals or the content of such third-party website(s). MS Agri Trust does not endorse, in any way, any third-party website(s) or content thereof.
(ii)The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. MS Agri Trust has no control over such sites, services and resources, and MS Agri Trust is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that MS Agri Trust 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 the use of or reliance on any content, events, goods or services available on or through any such site, service or resource.
(iii) Any dealings with third parties found while using the Services are between you and the third party, and you agree that MS Agri Trust is not liable for any loss or claim that you may have against any such third party.
(iv) You may enable or log into the Services via various online third-party services, such as social media and social networking services like Facebook or Twitter ("Social Networking Services"). By logging in or directly integrating these Social Networking Services into the Services, we make your online experiences richer and more personalised. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information you have provided to such Social Networking Services, and we will use, store and disclose such information per our Privacy Policy. For more information about the implications of activating these Social Networking Services and MS Agri Trust's use, storage and disclosure of information related to you and your use of such services within MS Agri Trust (including your friend lists and the like), please see our Privacy Policy. However, please remember that how Social Networking Services use, store, and disclose your information is governed solely by the policies of such third parties, and MS Agri Trust shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Services.
(v) MS Agri Trust 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, MS Agri Trust is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services. MS Agri Trust enables these features merely as a convenience, and the integration or inclusion of such features does not imply an endorsement or recommendation.
13. Privacy
We view the protection of your privacy as a fundamental principle. We understand that you and your personal information are our most important assets. We store and process Your Information, including any sensitive personal information or data collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures by Information Technology Act 2000 and rules there under. Our current Privacy Policy is available here: https://msagritrust.com/p/privacy. If you object to your Information being transferred or used this way, please do not use the Website.
14. Disclaimer of Warranties and Liability
(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 an "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the preceding paragraph, MS Agri Trust 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 Campaigner themselves and none that which is provided or verified by MS Agri Trust
(ii) MS Agri Trust will not be liable to you in any way or 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 the Campaigner via phone calls and SMS notifications in case of any reward or delivery-related updates. We will not use your personal information to initiate promotional phone calls or SMS unless you consent. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. MS Agri Trust 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. MS Agri Trust 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.
15. Financial Transaction Facility - Donors / Contributors
(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:
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
(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 and use an Indian payment gateway. All payments made towards the donations/contributions on the Website by you shall be compulsorily through the Foreign Payment Gateway if you make payment in any currency other than INR. The Website will not facilitate transactions through the Indian Payment Gateway concerning the donations/contributions made on the Website if you are not an Indian national.
(iii) You have categorically authorized MS Agri Trust or its service providers (like but not limited to payment gateways, banks and marketplace settlement providers like PayU, Razorpay, Stripe, Billdesk, Paytm, HDFC Bank, RBL, Bank, Gocashfree) to collect, process, facilitate and remit payments and the transaction price electronically or through Gharpay (or any other authorized agent) to and from other Users in respect of transactions through payment facility. Your relationship with MS Agri Trust is on a principal-to-principal basis, and by accepting these Terms of Use, you agree that MS Agri Trust is an independent contractor for all purposes and does not have control of or liability for the campaigns that are listed on the Website wherein money is transacted by using the payment facility.
(iv) You understand, accept and agree that the payment facility provided by MS Agri Trust is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online payment, receiving payment through collection and remittance facility for the Transactions on the Website using the existing authorized banking infrastructure, card payment gateway networks and settlement service providers. Further, by providing a payment facility, MS Agri Trust is neither acting as a trustee nor acting in a fiduciary capacity concerning the transaction or the transaction price.
(v) MS Agri Trust 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) MS Agri Trust may delay notifying the payment/transaction confirmation, i.e., informing the Campaigner if MS Agri Trust deems the transaction to be suspicious. In addition, MS Agri Trust may hold the transaction price/amount and inform law enforcement officials (instead of refunding the same to the 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 acknowledges that MS Agri Trust will not be liable for any damages, interest claims, etc., resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price beyond the control of MS Agri Trust.
(viii) MS Agri Trust shall make payments, net of its cost charges, to the account provided by the Campaigner during the Campaigner registration process. Once MS Agri Trust has made payments into such bank account number, MS Agri Trust shall be discharged of any/all liability towards the Campaigner and