DISCLAIMER
We do not provide any financial return in any form whatsoever, including but not limited to financial securities (debt or equity), interest, dividend, profit share, rewards in cash, to individuals who contribute on dignitat.org.
Any contribution on dignitat.org, by an individual, should not be construed as an investment in any form whatsoever.
TERMS OF USE
Dignitat.org is a platform developed to connect Individuals/NGOs with donors/contributors. It also allows you to find and connect with volunteers and blood donors. Dignitat.org is owned by Dignitat Social Venture OPC, incorporated under the Companies Act, 1956 with its registered office at #771, 2nd floor, 16th cross, 5th block, HMT Layout, Vidyaranyapura, Bangalore – 560097
By accessing the Dignitat website, located at www.dignitat.org (the "Site") or using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms of this Agreement, as amended by Dignitat. We may update this Agreement as per our discretion. If we make changes, it will be posted on this page and also update the date posted below. Throughout this Agreement, the words “Dignitat,” “us,” “we,” and “our”, shall refer to our company Dignitat Social Venture OPC.
If you are an individual entering into this Agreement “you” refers to you the individual which shall include both Donors / Contributors (as defined hereinbelow) and Campaign Planner (as defined 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, as a Registered User using the computer systems (all such Donors / Contributors/ and Campaign Planners shall hereinafter be collectively referred to as “User”). Dignitat allows all person(s) to surf / explore the Website without registering on the Website. However, Dignitat does not allow any contributors/donors to make financial contributions or contributions in kind to any of the campaigns or campaign planners without prior registration / signing in. The term "we", "us", "our" shall mean Dignitat and the term “you” and your referred to herein shall deem to mean the User.
When You use any of the services provided by us through the Website, including but not limited to, (e.g. Comments, Feedback, etc), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part and parcel of these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is the responsibility of the User to review 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.
In addition, when using certain 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 hereby incorporated by reference into the terms of this Agreement.
Dignitat shall at its discretion be entitled to modify the terms and conditions of the terms of use and qualifications and conditions mentioned herein. The User at all times shall be bound by the rules/regulations/qualifications/conditions (as may be altered) at all times and no person shall be entitled to dispute/challenge any such modifications/alterations undertaken by Dignitat from time to time.
Dignitat reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Dignitat will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
You acknowledge that Dignitat may establish limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Dignitat’s servers on your behalf. You agree that Dignitat has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that Dignitat reserves the right to terminate accounts or Campaigns that are inactive for an extended period of time, provided that Dignitat will use its commercially reasonable efforts to provide a Campaign Planner with reasonable notice before terminating an inactive Campaign having a positive balance of Donations/Contributions. You further acknowledge that Dignitat reserves the right to change these practices and limits at any time, in its sole discretion, with or without notice.
By using the Mobile Services, i.e., uploading the content to the Services using mobile/tablet device, browsing the Services and the Site from mobile device/tablet device, accessing certain features or content from the SMS received which you registered for, you agree that we may communicate with you regarding Dignitat and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Dignitat account information to ensure that your messages are not sent to the person that acquires your old number.
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 Dignitat Privacy Policy.
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1. Services Description
- The main objective of Dignitat Social Ventures OPC is to provide service to the users which includes Campaign Planners, Donor/Contributors and other registered users (which may include users who simply explore the Website or are registered with us as volunteers or blood donors).
- Dignitat platform vides prservices which can be utilized by Users (being Donors / Contributors and Campaign Planners) and persons browsing / visiting the Website to reach a larger base of people, organizations and causes.
- Dignitat also provides a platform to make contributions in kind for campaigns from Dignitat e-commerce site.
- The donors/contributors, whom we would like to call or refer as investors because they are investing a percentage of their earnings to help or make this world a better place, can choose to either contribute money or give in kind.
- The donors/contributors can give in kind via the Dignitat e-commerce site for campaigns listed under certain categories which include but not limited to Clothes/Provisions/School Bags. The image of the product shown on the e-commerce site is only for representational purpose. The products ultimately delivered under that category could vary in colour and fabric and design. Cost of all products under a particular category is the same. Dignitat at any point can add more categories or can remove already present categories at its sole discretion.
- All information provided regarding the campaigns, is provided by the respective campaign planner initiating the campaign and the non- profit organizations in India for which/on behalf of who the campaigns have been started to raise funds.
- There is no fee to set up a Campaign, a percentage of each monetary contribution will be charged as fees for our Services and those of our third party payment processors. Please see our Pricing section for details.
- There is no service fee charged for contributions done in kind.
- Dignitat does not guarantee that a Campaign you start on the Website will reach the set goal or any goal at all.
- We make no guarantee, explicit or implied that any information provided through the Services by a user is accurate.
- We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose.
- You, as a Donor/Contriutor, must make the final determination as to the value and appropriateness of contributing to any Campaign, Campaign Planner, or Charity.
- Dignitat provides Collection Box as a Service wherein the users can give away items they don’t need, used or new. To which Individual/Group/NGO the collected items will be delivered to is at the sole discretion of Dignitat. We guarantee that it will be delivered to the needy. Dignitat holds the authority to reject or not accept items if not found in the conditions as described herein. There is a certain service fee charged (based on various criterias as mentioned herein) to pick up items from the provided address.
- Dignitat provides Finding Volunteers as a Service on its platform. The User (Campaign Planner) acknowledges that this Service will only help connect Individual/Groups/NGOs to the interested volunteers who would like to support the cause. Dignitat does not make a guarantee of the campaign that is scheduled nor does it make a guarantee that Users (volunteers) who showed interest will turn up on the given day. The User(volunteer) acknowledges that volunteering for a cause will be an unpaid service to the Organization. The User(Campaign Planner) also acknowledges the fact that Dignitat does not do a background check of the Volunteers and sit only helps connect the Campaign Planner with the Volunteer. It is the responsibility of the Campaign Planner to take it forward from there on and do the necessary.
- Dignitat provides Finding blood donors as a Service on its platform. The User acknowledges that this Service will only help connect the User (Campaign Planner) who is starting the campaign for blood donation with Users (blood donors) who are willing to support and donate blood. Dignitat does not make a guarantee of the campaign nor does it make a guarantee that Users (blood donors) who showed interest will turn up on the given day. The User(Campaign Planner) also acknowledges the fact that Dignitat does not do a background check or health check of the blood donors, it only helps connect the User (Campaign Planner) with the blood donor. It is the responsibility of the Campaign Planner to take it forward from there on and do the necessary.
- It is hereby clarified that at no time shall Dignitat hold any right, title or interest over the funds or rewards (except to the extent as stated herein) or have any obligations or liabilities in respect of such providing the same to the Donor / Contributor. Dignitat is not responsible for unsatisfactory or delayed performance of the campaign by the Campaign Planner.
- The User acknowledges that Dignitat is only a platform provider and Dignitat does not verify the bona fides and genuineness of campaigns, Dignitat cannot and does not verify specific data provided by Campaign Planner. Therefore, Dignitat shall not in any manner be responsible or held accountable for any transaction between the Users.
Campaigns are not charities to which you can make tax-deductible charitable contributions. However, in addition to the Services described above, Dignitat permits Donors/Contributors to contribute to certain charitable organizations ("Charities") through the Platform. You understand and acknowledge that Dignitat is not a charity, and Dignitat does not solicit charitable donations for itself or for any third-party charitable institution. You, as a Campaign Planner, represent and warrant that if residing in India, you are not a charity as defined in Section 80G of the Income Tax Act 1961, as amended (the "Code"). If you or your charity would like to register to be listed as a charitable organization on the Platform, you can do so at the time of setting up a Campaign. As used in this Agreement, the term "Campaign" does not refer to a Charity, and you acknowledge that contributions to Campaigns are not deductible for Indian Income Tax deduction, unless your registered charity is authorized to issue tax-exempt certificates under Section 80G.
The Services are an administrative platform only. Dignitat facilitates the Donation/Contribution transaction between Campaign Planner and Donors/Contributors, but is not a party to any agreement between a Campaign Planner and a Donor/Contributor, or between any user and a Charity. Dignitat is not a broker, agent, financial institution, creditor or insurer for any user. Dignitat has no control over the conduct of, or any information provided by a Campaign Planner or a Charity, and Dignitat hereby disclaims all liability in this regard. Anyone is free to report issues related to a Campaign on Dignitat, and Dignitat will take necessary action to the best of its abilities.
While we try our best to do so, we cannot and do not verify 100% of the information that Campaign Planners supply. We try our best to see that Donations/Contributions are used in accordance with the stated fundraising purpose; we also collect documents before disbursing funds raised to the Campaign Planner in many cases. However, please understand that we can not guarantee that 100% of the time funds raised will be used in accordance with any fundraising purpose prescribed by a Campaign Planner or Charity. We assume no responsibility to verify whether the funds raised are used in accordance with any applicable laws, and such responsibility rests solely with the Campaign Planner or Charity, as applicable. While we have no legal obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we try to do the verifications for many campaigns and more important we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Campaign Planner or Charity is not raising or using the funds for their stated purpose, please use write to us at feedback@dignitat.org and alert our team of this potential issue and we will investigate to the best of our abilities.
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2. Donor/Contributor
- If the User is matching the eligibility criteria, the User can access the website and make a contribution towards a campaign that User wishes to support.
- The contributor acknowledges that the campaign towards which the contribution is being made, Dignitat has no responsibility to verify the accuracy of the statement or information provided by the Campaign Planner in that campaign.
- The contributor acknowledges that the contributions done in kind will not reach the contributor but will be sent to the Campaign Planner directly.
- The contributor will be sent updates regarding the campaign for which the contributor made a contribution via SMS or email. If the contributor wants to stop receiving these updates, they need to login to the Site and disable the communications option on their profile.
- The contributor shall make effort to verify the information provided in a campaign by the Campaign Planner before making any contribution on the Dignitat Site. Dignitat is not responsible for any false or incorrect information displayed on the website with respect to a campaign.
- In case the contributions come from a fraudulent source, Dignitat team has the right to refund the contribution.
- The contributor acknowledges that once the funds are transferred to the Individual/Group/Non-Profit Organization, Dignitat is not held accountable or not answerable for any contributions. The contributor will need to get in touch with the Individual/Group/Non-Profit Organization to which the contribution was done to get details on usage of funds.
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3. Campaign Planner
- An Individual/Group/Non-Profit Organization with an Indian Bank Account or a bank account in India is allowed to start campaigns on Dignitat in accordance with Terms of Use.
- A Campaign Planner should provide complete, accurate and correct information regarding the cause of the campaign while starting a campaign on Dignitat. The information should not mislead, defraud or deceive any user.
- Dignitat has the right to delete a campaign if the information found is incorrect/false or a cause which is politically and communally inclined.
- The Campaign Planner should ensure that the information provided does not break the terms of intellectual property, privacy rights of third parties.
- You will comply with all relevant local, state, and Union laws applicable to you when you solicit funds, particularly but not limited to laws relating to your marketing and solicitation for your project.
- We reserve the right to provide information relating to your Campaign with donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation.
- You as a Campaign Planner are solely responsible for utilizing the funds for the Purpose mentioned in our fund-raising page. Dignitat is not responsible in any way whatsoever towards the end utilization of funds.
- This campaign detail page on the Platform will be available to the general public for contributions from the time you published the page on the Platform, and if your campaign is not rejected by Dignitat. You may or may not be able to raise the targeted amount in the designated period. Dignitat can reject your campaign for inappropriate or insufficient content, at its sole discretion.
- Dignitat will not be responsible in any way whatsoever on the amount of contributions received. It will be your sole responsibility to address any query on objection, from a donor/contributor, in regards to utilisation of funds.
- Dignitat will collect contributions online, and will send the contributions to your designated bank account upon completion of statutory verification. You can raise withdrawal requests post approval of the campaign by Dignitat. Dignitat will process fund transfer, post receipt of your withdrawal request.
- You understand that the funds are not owned by Dignitat or its affiliates. At the time of transfer of funds, you will receive contributions net of Dignitat Fees, Payment Gateway Fees, applicable taxes, or any other fees mutually agreed upon between you and Dignitat. For a check, please look at the fees in our Pricing Page .
- Dignitat only allows support/contributions from Indian banks/Indian cards. Foreign contributions is not supported on Dignitat.
- If you are an organization eligible to issue tax deduction certificates to your donors/contributors, Dignitat will facilitate the process on your behalf. However, it is your sole responsibility to ensure that you have the necessary approvals and certificates to issue such tax-deductible receipts to your donors/contributors. Dignitat will not have any liability, in any form whatsoever, in this regard.
- You hereby indemnify and agree to keep indemnified and hold safe and harmless Dignitat, its Directors, employees and agents against all such liabilities or claims and also against any loss or damage that may arise on the Party, its Directors, employees and agents on account of acts of omission, utilization of funds by us on anything other than the stated Purpose, lack of necessary regulatory approvals for receipt of funds in any form or for carrying out the activities required for execution of the Purpose. The indemnities if any shall survive beyond the period of the Agreement. Please read details of the indemnities in a section below in this page
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4. Eligibility of the User and User conduct(as defined here in below)
- Use of the Site/Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site/Website. If you are under the gae of 13, you cannot use the Services provided by Dignitat with or with registering. If you are a minor i.e. under the age of 18 years, you shall not register as a member on Dignitat and shall not transact directly (either contribute or plan campaign to receive donations / contributions) or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian, parents or through an organization / NGO competent to Contract on the Website. Dignitat reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Dignitat’s notice or if it is discovered that you are under the age of 18 years.
You will be required to register with Dignitat to access and use certain services. If you register on Dignitat, you agree to provide and maintain true , accurate and complete information about yourself as asked for in the registration form.registration information and few other information are governed by our Privacy Policy.
We may exchange information with such third party services(example payment processors or charitable donation processors) in order to facilitate the provision of Services (and related third party services).
You are responsible for protecting and maintaning confidentiality of your Username and Password. You agree that if any information provided by you is inconsistent, inaccurate, incomplete, or we suspect that such information is inconsistent, inaccurate, not current or incomplete, or not in accordance with the Terms & Conditions, we reserve the right to indefinitely suspend or terminate or block you from accessing the website. You are responsible for any all activities that occur under your password or account.
You should ensure that:
- You immediately inform Dignitat if you notice any unauthorized use of your account or notice a breach of security.
- You sign out from your account after accessing the Services.
Dignitat will not be liable for any loss or damage arising from your failure to comply with this Section.
Dignitat does not verify the genuineness of campaigns; Dignitat cannot and does not verify specific data provided by Campaign Planner. Therefore, Dignitat shall not in any manner be responsible or held accountable for any transaction between the users and the campaign.
Dignitat does not warranty the final utilization of funds, what has been the impact due that fund raising, what value has it added etc. Donors/Contributors should verify every statement in the campaign before they choose to contribute to a campaign.
Dignitat does not charge any fee for browsing on the Website. Our charges are limited to platform fees and transactional charges for monetary contributions done on fund/contribution in kind campaigns. And this is charged from the beneficiaries of the funds. For contributions done in kind, the items purchased from e-commerce page to be donated are inclusive of all taxes and courier charges. Please read funds/contribution in kind section for complete terms of use.For collection box service, fees depends on various criteria like number of items, type of items, distance, mode of transport used. Dignitat team will get in touch with you after you accesses and the Service and communicate the fees to you based on the mentioned criterias. Please read Collection Box service section for complete terms of use. For blood donation and volunteer needed campaigns there is no platform fee or any transactional fees charged. Please read blood donation and volunteer needed section for complete terms of use. For e-commerce service, you can buy the items listed for yourself, a loved one or give it to anyone you know who is in need. By using the e-coomrcer service you agree that you will not use the items for resale. Please read e-commerce service section for complete terms of use.
By agreeing to the Terms and Conditions, you agree about the Pricing Policy of Dignitat.
You are solely responsible for all Campaign descriptions, comments, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or transmit or otherwise use via the Services.
You shall not upload/update data that is blasphemous, racial, defamatory, and obscene. Do not encourage money laundering or gambling or anything else that is unlawful. Data uploaded on Dignitat should not be misleading, should not violate any law. Dignitat reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and international agencies, and take appropriate action against anyone who, in Dignitat’s sole discretion, violates any of the terms of these Terms of Service, including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any such Campaign, freezing donated/contributed funds when Dignitat reasonably believes it to be required by applicable law, and reporting you to the law enforcement authorities or otherwise taking appropriate legal action.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Dignitat has no control over such third party user generated content. 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 for any commercial enterprise, without Dignitat’s express prior written consent.
We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected, if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If You object to Your Information being transferred or used in this way please do not use Website.
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5. WARRANTIES
- You will be required to enter a valid phone number and e-mail address while making a donation / contribution on the Website. By registering Your phone number and e-mail address with us, You consent to be contacted by us and/or the Campaign Planner via phone calls and / or SMS notifications, in case of any delivery related updates.
- Your personal information will not be shared and will also not be used for promotional calls or SMSes
- Dignitat makes no such promises that the service will meet your requirements, the service will be error free and uninterrupted, the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
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6. CASH TRANSACTION AND CONTRIBUTION IN KIND DONE BY DONOR / CONTRIBUTOR
- In order contribute to a Campaign or to a Charity, a Donor/Contributor will be required to provide Dignitat information regarding its credit card or other payment instrument. You, as a Donor/Contributor, represent and warrant to Dignitat that such information is true and that you are authorized to use the payment instrument. You agree that a certain minimum Donation/Contribution amount may apply, and that all Donation/Contribution payments are final and cannot be refunded.
- While using the any payment methods available on the Website, Dignitat will not be responsible whatsoever in respect of any loss or damage arising directly or indirectly to You due to lack of authorization for any transaction, Exceeding the preset limit mutually agreed by You and between your "Bank/s", Any payment issues arising out of the transaction, Decline of transaction for any other reason/s
- All payments made towards the donations / contributions on the Website by you, shall be compulsorily in Indian Rupees acceptable in the Republic of India if you are an Indian National. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website if you are an Indian National.
- You understand, accept and agree that the payment facility provided by Dignitat is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through, collection and remittance facility for the Transactions on the Dignitat Website using the existing authorized banking infrastructure Credit Card payment gateway networks and settlement service providers. Further, by providing Payment Facility, Dignitat is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
- Dignitat 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 Campaign Planner 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.
- Dignitat may delay notifying the payment / transaction confirmation i.e. informing Campaign Planner, if Dignitat deems suspicious. In addition, Dignitat may hold transaction price / amount and inform law enforcement officials (instead of refunding the same to Contributor) at the request of law enforcement officials or in the event the Donor / Contributor or Campaign Planner for that matter, is engaged in any form of illegal activity.
- The Donor / Contributor acknowledge that Dignitat will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction / Transaction Price or any delay in processing a Transaction / Transaction Price which is beyond control of Dignitat.
- Dignitat shall make payments, net of its costs, charges and fees into the bank account provided by the Campaign Planner during withdrawal process. Once Dignitat has made payments into such bank account number Dignitat shall be discharged of any/all liability towards the Campaign Planner and contributors/donors and the Campaign Planner, donors, contributors shall not be eligible for any claims and/or refunds thereof.
- The Donor / Contributor acknowledge that when contribution is doe in kind via the e-commerce service, the items will not be delivered to Donor / Contributor but will go to the Campaign Planner directly.
- The Donor / Contributor acknowledge that once the contribution is done in kind, it is non-refundable. The Donor / Contributor will receive an acknowledgement on the contribution done via email.
- The Donor / Contributor acknowledge that when contribution is done in kind, will not be eligible for tax exemption forms.
- The Donor/Contributor acknowledge that the price of the items that can be contributed in kind via the e-commerce page can change at Dignitat’s sole discretion without prior notice.
- Your donations/contributions will go to the Recepient, and will be utilized by the Recipient. Digitat is only facilitating the collection of contributions, and is not responsible in any way for the end utilization of the contributions.
- Dignitat and the payment gateway will deduct their fees and applicable taxes before providing the funds to the Recipient. You understand that the fees are towards web hosting, marketing, and promotion.
- Any receipt or Tax Deduction Certificate (for Indian contributors only) will be issued by the Campaign Planner (a charitable organization in this case). You are also aware that contributions done in kind will not receive tax deduction certificate. Whether such receipt will be provided has been clearly mentioned in the campaign detail page, and you have understood the same. Dignitat will not be responsible for any Tax certificates or benefits.
- You also acknowledge that monetary donation/contribution done towards a campaign can be converted to in kind donation/contribution by Campaign Planner at the time of withdrawing funds.
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7. CASH TRANSACTION AND DELIVERING THE ITEMS IN KIND FOR CAMPAIGN PLANNER
- You, as a Campaign Planner, shall be required to register yourself with Dignitat and provide Dignitat with all the necessary information as may be deemed by Dignitat from time to time including but not limited to banking details / income tax details such as PAN and registration certificates under various provisions and laws, etc. Further, fulfil the commitments made to the Donor / Contributor in the manner as detailed in the Campaign and in a timely manner. Dignitat may seek information regarding the use of the funds raised by the Campaign Planner even after the Campaign has ended and provide the details to the Donors / Contributors.
- Dignitat does not charge any fee to the Campaign Planner for starting a campaign.
- The monetary funds collected towards each Campaign shall be transferred to you (net of Dignitat Fees, payment gateway charges and applicable taxes) as per the details provided by you after 15 days of completion of the Campaign or as per withdrawal request. On withdrawal request, the funds will be transferred to you within 4 working days. If at any time either during or after the Campaign, You are unable to fulfil your commitments, or out of requirement under law, you shall return the money to the Donor / Contributor within a timely manner.
- For contributions made in kind, there is no Dignitat Fees or payment gateway charges applicable. The items donated/contributed will be sent across to the Campaign Planner on the given address while requesting for withdrawal.
- We reserve the right to change Dignitat’s pricing from time to time. We also reserve the right to change the price of items available on the e-commerce page from time to time. You agree and acknowledge that the change in price of items in a category on the e-commerce page will also impact the target amount or fundraising amount of the campaign you started under that category. If Dignitat changes its fee or price of an item, we will provide notice of the change on the Site or email to you. After the price changes have taken effect, if you continue to use our services, means you accept the updated fees.
- Remittances to the Campaign Planner for their successful transactions under Payment Facility would be in compliance with directions issued by Reserve Bank of India for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009 ("RBI Intermediary Guidelines").
- As per the above guidelines, the Campaign Planner expressly agrees that as soon as the Campaign amount/target is reached shall be deemed to be the time/day that the transaction between the Donor / Contributor is completed. Dignitat shall settle all amounts net of its fees to the accounts of the Campaign Planner in accordance with the rules set out by the Reserve Bank of India in the Intermediary Guidelines.
- If for any reason there is a chargeback on a transaction/donation to Dignitat and if the funds are already transferred by Dignitat to the campaign planner/beneficiary the campaign planner/beneficiary will be liable to refund the amount that has been chargebacked to Dignitat.
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Dignitat may put a hold on withdrawals by Campaign Planner on certain campaigns. Reason to place a hold on withdrawals is:
- If we have reason to believe (in our sole discretion) that information provided by a Campaign Planner is false, misleading, or fraudulent, or that funds are being used in a prohibited manner,
- If we have reason to believe that a Campaign or Champion has violated these Terms of Service,
- If we think we need additional documentation to have reasonable assurance on utilization of Donations/Contributions for the purpose stated in the Campaign,
- If required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations.
If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please contact us at queries@dignitat.org
- If items are donated in kind towards that campaign, delivery of those items will be done to the address provided during withdrawal request.
- You, as a Campaign Planner ( or as applicable, the beneficiary designated by the Campaign), may withdraw Donations to your Campaign at any time up to the full amount of all Donations credited to your Campaign, less Fees and any previously withdrawn amounts ("Withdrawals") and subject to any Holds that we may place on your Campaign account.
- While Dignitat strives to make Withdrawals available to you promptly, you acknowledge and agree Withdrawals may not be available to you for use immediately, and Dignitat does not guarantee that Withdrawals will be available to you within any specific time frame, and Dignitat expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability.
- You, as a Campaign Planner, are responsible for ensuring that the information you provide to Campaign Governor in order to process a Withdrawal, including your bank account information, is accurate and up to date.
- You, as a Campaign Planner, acknowledge and agree that the contribution in kind items delivered to the address provided by you cannot be returned. While Dignitat strives to give you the best fit and items are handpicked by our team, you agree that Dignitat is not a shopping site where size, color and other criterias can be mentioned. You agree that the items received in kind will be as per age provided while creating a campaign and there could be a misfit in size.
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9. BLOOD DONATION AND VOLUNTEERS
Dignitat provides a platform for users to find blood donors or volunteers. It also allows users to register themselves as blood donors and volunteers to lend support. By using this Service you agree and acknowlede the following:
- Campaign Planners agree and acknowledge that Dignitat is only a platform that helps in letting users know about the requirement but does not guarantee that campaigns started under blood donation or volunteers will find support from the users.
- Campaign Planners acknowledge and agree that Dignitat will not be held responsible if a user (registered as blood donor or volunteer) did not turn up on the given day though the user had shown interest earlier.
- Campaign Planners acknowledge and agree that Dignitat does not do a background check or health check of the users (registered as blood donor or volunteer).
- Users (registered as blood donor or volunteer) acknowledge and agree that Dignitat does not verify the bona fides and genuineness of campaigns, Dignitat cannot and does not verify specific data provided by Campaign Planner. Therefore, Dignitat shall not in any manner be responsible or held accountable for any transaction between the Users.
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10. COLLECTION BOX
Dignitat provides a Service where users (registered or not registered) can donate the items (old or new) by putting it in Collection Box. By using this Service you agree and acknowledge to the following terms of use.
- User can donate/contribute old or new items.
- The items donated/contributed should be in good and usable condition (this will be decided by our team at our sole discretion).
- The items not in good condition will be returned back but will be charged for.
- The items will be picked up from your doorstep at the address provided.
- The minimum number of items to use the Service is 15.
- The type of items you put in the collection box is restricted to items that can be easily transported namely but not limited to Clothes, Bags, Shoes, Toys, Books. Stationary, Blankets, Pillows etc.
- Using the service and putting items in the collection is absolutely free.
- After you put items in the collection box, our team will get in touch with you and based on the below mentioned criteria you will be charged a certain fee. Our team will also let you know about the date and time of pick up. The service fee is charged based on the following criteria:
a. Number of items.
b. Type of items.
c. Area of pickup
d. Total wieght of the items.
e. Mode of transport used based on the number and type of items.
- You can cancel the service 2 days prior to the pickup date agreed upon and you will not be charged any cancellation fee. However, if you would like to cancel the service after that then you will have to pay a cancellation fee of Rs 150.
- You are being charged a cancellation fees because our team would have already made arrangements and paid advances to arrange for a pickup. Last minute cancellations can disrupt our planning and service.
- Based on the number of items and other criteria’s (as mentioned herein), the service fee will be charged. Once the service fee and pickup date is agreed upon you cannot increase the number of items or change the type of items.
- If you still want to increase the number of items, you can drop us an email on queries@dignitat.org . A revised service fee will apply based on the criterias (as mentioned herein).
- You can change the date and time of pickup 2 days prior to the pickup date agreed upon. To do so, please drop us an email on queries@dignitat.org and our team will get in touch with you. If you want to change the date and time of pickup after that, then the service fee will be revised.
- Once the team is dispatched and reaches the pickup point and you are not available, you will be charged Rs 150 as non-availability fee with your next pickup.
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11. ANTI-MONEY LAUNDERING POLICY
We conform to the Anti-Money Laundering (AML) guidelines established by the Reserve Bank of India , vide it's circular RPCD.RRB.RCB.AML.BC.No.02/07.51.018/2014-15 on 1 July, 2014 and updated from time to time. The guidelines include, but is not limited to, the following salient conditions:
- Every recipient (campaign planners on Dignitat) has to verify her identity per the Know Your Customer (KYC) in the guidelines. This will include verification of registered mobile number via a One Time Password (OTP), and one of the identification documents viz. Permanent Account Number, Aadhar Card Number, Passport etc. recognised by the Reserve Bank of India.The verification will be essential to withdraw funds from Dignitat, and may be asked by Dignitat, at its sole discretion, during the course of a campaign. Failure to comply may result in cancellation of a fundraising campaign, and funds may be returned to donors in such a scenario. Only the Campaign Planner shall be permitted to collect Campaign funds. Campaign Planners are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with Campaign Planners may not use a false email address to self-fund, or contribute to, their own Campaigns; this is a violation of Stripe policies and of our Terms of Use. Dignitat may attempt to verify the identity and other information provided to us by Campaign Planners, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Taxing authorities may classify funds raised on the Services as taxable income to the Campaign Planner and any beneficiary who will receive funds directly from the applicable Campaign. Dignitat will ask for the personal account number / tax identification number (PAN) of Campaign Planners and any beneficiaries so that we may report taxable income to the relevant taxing authorities.
- For contributors on Dignitat, only standard channels of payment - verified credit or debit cards, netbanking - will be allowed.
AML policies will be updated time to time at the sole discretion of Dignitat.
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12. BREACH
- We may limit Your activity, immediately remove Your information, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Website in the event, but not limited to:
a. If You breach the Terms of Use or Privacy Policy or other Policies, if any;
b. If we are unable to verify or authenticate any information You provide;
c. If it is believed that Your actions may cause legal liability for You, other users or us. - A user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever. Notwithstanding the foregoing, if You breach the Terms of Use or Privacy Policy or other ruler and policies, we reserve the right to recover any amounts due and owing by You to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.
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13. TERMINATION
You acknowledge and agree that Dignitat may immediately deactivate or delete your account (or any part thereof) and all related information and files in your account and/or bar any further access to such files or the Services for any reason, including, without limitation, for lack of use or if Dignitat believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Further, you agree that Dignitat will not be liable to you or any third party for any termination of your access to the Services. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. Dignitat may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Dignitat may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Dignitat will not be liable to you or any third party for any termination of your access to the Services.
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14. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by Dignitat, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Dignitat from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Dignitat, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Dignitat.
The Dignitat name and logos are trademarks and service marks of Dignitat (collectively the "Dignitat Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Dignitat. Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Dignitat Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Dignitat Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Dignitat be liable in any way for any content or materials of any third parties (including users and Campaign Planners), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Dignitat does not pre-screen content, but that Dignitat and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Dignitat and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Dignitat, in its sole discretion, to be otherwise objectionable.
User Content Transmitted Through the Services: With respect to the content, photos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading any User Content you hereby grant and will grant Dignitat and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Dignitat and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of Dignitat in a manner, fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Dignitat’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to Dignitat are non-confidential and Dignitat will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Dignitat may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Dignitat, its users or the public.
Copyright Complaints: Dignitat respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Dignitat of your infringement claim in accordance with the procedure set forth below.
Dignitat will process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Dignitat’s Copyright Agent at feedback@dignitat.org (Subject line: "Takedown Request").
- an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Bangalore, Karnataka, India and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received, Dignitat will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Dignitat has adopted a policy of terminating, in appropriate circumstances and at Dignitat’s sole discretion, users who are deemed to be repeat infringers. Dignitat may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
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15. LINKED WEBSITES/ THIRD PARTY WEBSITES/ SOCIAL NETWORKING SITES
The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. Dignitat has no control over such sites, services and resources and Dignitat is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that Dignitat will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Dignitat is not liable for any loss or claim that you may have against any such third party.
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 that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Dignitat’s use, storage and disclosure of information related to you and your use of such services within Dignitat (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Dignitat 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.
In addition, Dignitat 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, Dignitat is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Dignitat enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
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16. INDEMNITY
- The Campaign Planner shall indemnify and hold harmless Dignitat, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, against all claim, actions, penalties, prosecution, proceedings demand losses, disputes, charges, penalty, costs and expenses including reasonable attorneys' fees, that may arise or may be incurred by Dignitat as consequence of any default, breach, non-observance, non performance or negligent act whatsoever by the Campaign Planner of any terms , conditions, stipulations, provisions and/or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party more particularly stated herein and/or in any individual agreements executed by Dignitat and the User.
- You agree to release, indemnify and hold Dignitat and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation/Contribution, any loan, any Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another.
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17. DISCLAIMER OF WARRANTIES AND LIABILITIES
- This Website, all the materials and information (including but not limited to campaigns) and services, included or otherwise made available to You through this site are provided on a "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Dignitat 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 Campaign Planner themselves and none that which is provided or verified by Dignitat.
- Dignitat will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Nothing on the Website constitutes, or is meant to constitute, advice of any kind.
- You will be required to enter a valid phone number and e-mail address while making a donation / contribution on the Website. By registering Your phone number and e-mail address with us, You consent to be contacted by us and/or the Campaign Planner via phone calls and / or SMS notifications, in case of any reward or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS unless the same is consented to by you.
Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Dignitat 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
Dignitat 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.
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18. LIMITATION OF LIABILITY
You expressly understand and agree that neither dignitat nor its affiliates will be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if dignitat has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. in no event will dignitat’s total liability to you for all damages, losses or causes of action exceed the amount you have paid dignitat in the last six (6) months, or, if greater, two thousand indian rupees (rs. 2000).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the limitations set forth above may not apply to you. if you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
Most user concerns can be resolved quickly and to the user's satisfaction by emailing Dignitat support at feedback@dignitat.org In the unlikely event that our user support team is unable to resolve a complaint you may have (or if Dignitat has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in any arbitration under this arbitration provision in which you seek less than Rs. 200,000 in damages, Dignitat will pay reasonable attorneys' fees should you prevail. Dignitat will not seek attorneys' fees from you. However, if you initiate an arbitration in which you seek more than Rs. 200,000 in damages, the payment of attorneys' fees will be governed by the applicable rules (as defined below). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
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19. DISPUTE RESOLUTION
Dignitat and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Terms of Service.
References to "Dignitat", "we", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Dignitat are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Terms of Service.
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20. USER DISPUTES
You agree that you are solely responsible for your interactions with any other user in connection with the Services and Dignitat will have no liability or responsibility with respect thereto. Dignitat reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
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21. GENERAL
These Terms of Service constitute the entire agreement between you and Dignitat and govern your use of the Services, superseding any prior agreements between you and Dignitat with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of Karnataka without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Dignitat agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Bangalore, Karnataka. The failure of Dignitat to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Dignitat, but Dignitat may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.
CONTACT US
For any queries or clarifications, please send an email to queries@dignitat.org
GRIEVANCE OFFICER
Name and contact details of the Grievance Officer are provided below:
Ms. Aasia Parveen
Dignitat Social Ventured OPC Pvt Ltd
771, 2nd floor, 16th cross, 5th block
HMT Layout, Vidyaranyapura,
Bangalore – 560097 (India)
Email: queries@dignitat.org
Time: Mon – Fri (10:00 AM – 18:00 PM)
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