Wdo.org.in
is a platform for giving and charitable donations. 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 wdo.org.in
Any
contribution on Wdo.org.in, by an individual, should not be construed as an
investment in any form whatsoever.
Consolidated terms of use and terms and conditions
Please read these Terms of
Use/Terms and Conditions carefully before using www.wdo.org.in (the ‘website or
the ‘Site’), owned by parent Organization WDO and its affiliated companies or
entities (combined called as the ‘Organization’). This agreement sets forth the
legally binding terms and conditions for your use of the website. By using the
service/services in any manner, including, but not limited to, visiting or
browsing the site or contributing content, information, or other materials or
services to the site, you agree to be bound by this agreement.
These
terms and conditions apply in addition to any other terms and conditions that
the Organization or its affiliated organizations may ask you to sign at
the time of making the contribution. The Organization may ask you to sign specific terms and conditions at
different point of activities on the website.
Summary of Service
WDO is an online platform where
certain users (‘Campaigners’) run campaigns to raise funds for their creative
& innovative projects. They raise funds by asking for contributions from other
users (‘contributors’ or ‘funders’) in return for tangible and intangible
rewards. Through the Site, email, websites, and other media, the Organization
makes accessible various content, including, but not limited to, videos,
photographs, images, artwork, graphics, audio clips, comments, data, text,
software, scripts, projects, other material and information, and associated
trademarks and copyrightable works (collectively, “Content”). Campaigners,
contributors or funders, and other visitors (collectively, “Users”) may have
the ability to contribute, add, create, upload, submit, distribute, facilitate
the distribution of, collect, post, or otherwise make accessible (“Submit”)
Content. “User Submissions” means any Content Submitted by Users. By creating a
fundraising campaign on WDO, you as the campaigner are offering the public the
opportunity to enter into a contract with you. By funding or contributing fundraising
campaign on WDO, you as the funder/contributor accept that offer and the
contract between the campaigner and the funder/contributor. WDO is not a party
to that agreement between the campaigner and the funder/contributor. All
dealings are solely between Users.
Acceptance
of Terms
The Service is offered subject to
acceptance of all of the terms and conditions contained in these Terms of Use,
including the Privacy Policy (that can be found on the website) mentioned in
this document and all other operating rules, policies, and procedures that may
be published on the Site, which are incorporated by reference and may be
updated by the Site without notice to you. In addition, some Services offered
through the Site may be subject to additional terms and conditions adopted by
the Organization. Your use of those services is subject to those additional
terms and conditions, which are incorporated into these Terms of Use by this Reference.
The Services of the Site is available only to individuals who need their funds
transferred to an Indian bank account. The Organization may, in its sole
discretion, refuse to offer the Site’s services to any person or entity and
change its eligibility criteria at any time. This provision is void where
prohibited by law and the right to access the Site’s services is revoked in
those jurisdictions.
Modification of Terms of Use
The Organization reserves the
right, at its sole discretion, to modify or replace these Terms of Use, or
change, suspend, or discontinue the Site and its services (including, but not
limited to, the availability of any feature, database, or Content) at any time
for any reason. The Organization may also impose limits on certain features and
services or restrict your access to parts or all of the website without notice
or liability. It is your responsibility to check the Terms of Use periodically
for changes. Your continued use of the website following the posting of any
changes to the Terms of Use constitutes acceptance of those changes.
Registration
You may view Content on the Site
without registering, but as a condition of using certain aspects of the Site,
you may be required to register with the Organization and it’s Site and create a User profile using a “User ID”
and password. The Site also allows you to use your Face book profile as your
login preference; however, the Site does not post or publish anything on your
Face book profile without your permission. Also, please note that Face book has
a standard login procedure, which you must follow as a user; WDO has no control
over Face book’s login procedure. Additionally, you shall provide accurate,
complete, and updated registration information. Failure to do so shall
constitute a breach of the Terms of Use, which may result in immediate
termination of your account. You shall not use as a User ID, domain name, or
project name, any name or term that (i) is the name
of another person, with the intent to impersonate that person; (ii) is subject
to any rights of another person, without appropriate authorization; or (iii) is
offensive, vulgar, or obscene. The Organization reserves the right in its sole
discretion to refuse registration of or cancel a User ID, domain name, and
project name. You are solely responsible for activity that occurs on your
account and shall be responsible for maintaining the confidentiality of your
password for the Site. You shall never use another User account without the
other User’s expressed permission. You will immediately notify the Organization
in writing of any unauthorized use of your account, or other known
account-related security breach.
Fund transaction and
accountability
The Site offers various payment
gateways to facilitate transaction of funds for campaigns. However, it may be
noted that the Site or the Organization:
Terms and Conditions for
Fundraisers (Those Who Want To Raise Funds)
General Conditions
Fund transfer and management
WDO only enables the flow of
funds from funders to campaigners and is not the final recipient of funds
raised on its platform, unless running a proprietary crowd funding campaign. WDO
deducts its transaction fees (including service tax) and transfers the net amount.
If the campaigner has not met their funding goal, the transfer amount does not
include the contributions chosen for a refund.
Foreign funds
Note for Ngoc: You have to be
registered /approved with FCRA to be able to receive foreign donations. Else foreign
contributions will be restricted on your campaign.
Taxation
Campaigners must bear any tax
liabilities on the funds raised through WDO. These taxes may include, but are
not limited to, income tax, VAT, and service tax applicable on the fund’s
raised or on the procurement of rewards. WDO is not
liable to provide any tax or legal advice to campaigners in addition to the
information already provided in our FAQs section.
Project completion
While campaigners have full
project ownership and the right to complete it, they are accountable and
obliged to finish the project by the deadline they have set. Campaigners must
also keep the funders updated about the work in progress in case of delays to
avoid funder dissatisfaction. The Organization or the Site does not make any
claims or guarantees on behalf of the campaigner regarding the completion of
the project and usage of the funds raised solely for the purpose of the
project. Similarly, the Organization or the Website does not take any
responsibility for making sure that the project for which the funds are raised
through its Site is completed and made available to the contributors. The
contributors are free to get in touch with the campaign owner directly and
solving any dispute that arises regarding the campaign or the project.
WDO branding & marketing
Campaigners must include WDO’s
logo branding on all project and/or campaign related marketing collaterals,
whether online or offline (e.g., online banners, offline flyers) as per WDO’s brand
and logo guidelines. WDO should be credited as the project’s “Online Crowd funding
Partner” at campaign or project related offline events. Also successful
campaigners are obliged to attend and/or lead WDO branding & marketing
activities such as events, ad videos, interviews, etc.
Campaign cancellation
WDO reserves the right to reject,
cancel, interrupt, remove, or suspend a campaign at any time and for any reason.
WDO is not liable for any damages as a result of any of those actions. WDO’s
policy is not to comment on the reasons for any of those actions.
WDO’s rights
WDO reserves the right to make
changes in its technology platform or crowd funding services at anytime as
it sees fit with due notification to campaigners
and other users. WDO will not tailor it’s offering to various campaigners.
Users are requested to keep themselves updated with all changes on WDO’s
platform and policies by regularly checking its FAQs or with the Organization directly.
The Organization will not have
any ownership rights over your User Submissions and Content. However, the Organization
will get the license to perform and market the Site on your behalf and on
behalf of its other Users and itself. You grant to the Organization the
worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicense able,
transferable right to (and to allow others acting on its behalf to) (i)
use, edit, modify, prepare derivative works of,
reproduce, host, display, stream, transmit, playback, trans code, copy,
feature, market, sell, distribute, and otherwise fully exploit your User
Submissions and your trademarks, service marks, slogans, logos, and similar
proprietary rights (collectively, the “Trademarks”) in connection with (a) the
Site, (b) the Organization’s (and its successors’ and assigns’) businesses, (c)
promoting, marketing, and redistributing part or all of the Site (and
derivative works thereof) or the service in any media formats and through any
media channels (including, without limitation, third-party websites); (ii) take
whatever other action is required to perform and market the Service; (iii)
allow its Users to stream, transmit, playback, download, display, feature,
distribute, collect, and otherwise use the User Submissions and Trademarks in
connection with the Service; and (iv) use and publish, and permit others to use
and publish, the User Submissions, Trademarks, names, likenesses, and personal
and biographical materials of you and the members of your group, in connection
with the provision or marketing of the Service. The foregoing license grant to
the Organization does not affect your other ownership or license rights in your
User Submissions, including the right to grant additional licenses to your User
Submissions.
Third-Party Sites
The Site may permit campaign
owners and users to link to other websites or resources on the Internet, and
other websites or resources may contain links to the Site. When you access
third-party websites, you do so at your own risk. Those other websites are not
under the Organization’s control, and you acknowledge that the Organization is
not liable for the content, functions, accuracy, legality, appropriateness, or
any other aspect of those other websites or resources. The inclusion on another
website of any link to the Site does not imply endorsement by or affiliation
with the Organization
Terms and conditions for funders
or contributors (Those Who Want To Give Funds)
General Terms
Registration
Contributors can only fund a
project by registering on the Site using the Site’s login procedures. By
choosing the Face book login, they agree to give the Site, access to their Face
book account’s profile pictures and email id. They also allow the Site to
create their account on WDO and use their FB profile picture as the profile
picture of their WDO account. The Site does not publish any content on their
Face book profiles without their permission.
Payment details
A contribution is a voluntary
donation made by a contributor to a project’s campaign running on the Site for
the purpose of raising funds. The contributor does not make the contribution
for any monetary returns like equity or profit share in the project, neither is
his/her contribution considered a loan to the project or its campaigner.
Fees and taxes
Contributors give their consent
and authorize the Site to deduct the necessary commissions on the contributed
amount before transferring to the final recipient i.e., the campaigner.
Payment details
By funding a campaign, the
contributors agree to provide their name, email address, phone number, billing
and shipping addresses. They also agree to provide the authorized online
payment gateway of the Site, CC Avenue, necessary & required details of
their credit and debit cards for making an online contribution, or the accurate
address for cash /cheque pick up to the Site’s
offline collection vendors. Contributors agree to have sufficient funds or
credit during making a contribution for a campaign. Contributors are informed
that their credit and debit card related details are not provided to the Organization
or the Site by the online payment gateway & remain confidential.
Other contributor information
Contributors authorize the Site
to provide campaigners their name and contact details for the purpose of
delivering rewards and connecting regarding queries or updates regarding the
funded project.
Additionally, they also authorize
the Site to publish their name and image (if logged in through Face book) on
the ‘Contributor’ section of the campaign that is funded by them. However,
contributors can choose to be “anonymous”, if they don’t wish to make
themselves public. None of the contributors’ funding amount is made public by
the Site. Furthermore, by providing the Site their contact details,
contributors agree to receive regular updates about the future crowd funding
campaigns on the Site through fortnightly newsletters. They can always choose
to deactivate reception of the Site’s newsletter and other notifications.
Refund & Cancellation
You make contributions on the
website are made towards Projects or people with the social impact as the
primary cause. You understand that this contribution is not for purchase of any
goods or services. Therefore, the contributions once cleared by the payment
gateway will go towards the project you intended to give to, and therefore
cannot be refunded or cancelled.
In case the project is cancelled
before the money is given by the Organization to the project owner, the
contributions will be refunded to designated bank accounts. The Organization
will seek information, through e-mail, on your bank account for electronic
transfer. The Organization will refund the amount in 15 working days from the
date of receipt of complete information. The Organization will not be
responsible for any wrong information. However, such refund will be subject to
applicable payment gateway fees and taxes.
Rights of the project
Contributors agree to not claim
any ownership in the project they fund through the campaign on the Site. The
rights of the project remain with the campaigner.
Dispute between campaigners and
their contributors
The Site or the Organization is
under no obligation to become involved in disputes between any Users, or
between Users and any third party arising in connection with the use of the
Site. This includes, but is not limited to, delivery of goods and services, and
any other terms, conditions, warranties, or representations associated with
campaigns on the Site. You release the Site and Organization, its officers,
employees, agents, and successors in rights from claims, damages, and demands
of every kind, known or unknown, suspected or unsuspected, disclosed or
undisclosed, arising out of or in any way related to such disputes and the
service.
Rules and Conduct
As a condition of use, you
promise not to use the Site for any purpose that is prohibited by the Terms of
Use or law. The Site and its’ services are provided only for your own personal,
non-commercial use (except as allowed by in this Terms of Use). You are
responsible for all of your activity in connection with the Site and its
Services. You shall not, and shall not permit any third party using your
account to, take any action, or Submit Content, that:
You
shall not directly or indirectly: (i) decipher,
decompile, disassemble, reverse engineer, or otherwise attempt to derive any
source code or underlying ideas or algorithms of any part of the Service,
except to the limited extent applicable laws specifically prohibit such
restriction; (ii) modify, translate, or otherwise create derivative works of
any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise
transfer any of the rights that you receive hereunder. You shall abide by all applicable
local, state, national, and international laws and regulations.
The
Organization does not guarantee that any Content will be made available through
the Service. The Organization has no obligation to monitor the Service or
Content. The Organization reserves the right to, at any time, for any reason,
and without notice: (i) cancel, reject, interrupt,
remove, or suspend a campaign or project; (ii) remove, edit, or modify any
Content, including, but not limited to, any User Submission; and (ii) remove or
block any User or User Submission. WDO.in reserves the right not to comment on
the reasons for any of these actions.
Termination
The Organization may terminate
your access to the Site, without cause or notice, which may result in the
forfeiture and destruction of all information associated with your account. If
you wish to terminate your account, you may do so by following the instructions
on the Site. Any fees paid to the Organization are non-refundable. All
provisions of the Terms of Use that by their nature should survive termination
shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity, and limitations of liability.
Termination Warranty
Disclaimer
The Organization has no special
relationship with or fiduciary duty to you. You acknowledge that the Organization
has no duty to take any action regarding any of the following: which Users gain
access to the Site; what Content Users access through the Site; what effects
the Content may have on Users; how Users may interpret or use the Content; or
what actions Users may take as a result of having been exposed to the Content.
The Organization cannot guarantee the authenticity of any data or information
that Users provide about themselves or their campaigns and projects. You
release the Organization from all liability for your having acquired or not
acquired Content through the Site. The Site may contain, or direct you to
websites containing, information that some people may find offensive or
inappropriate. The Organization makes no representations concerning any Content
on the Site, and the Organization is not liable for the accuracy, copyright
compliance, legality, or decency of material contained on the Service.
The Organization does not
guarantee that any Content will be made available through the Site. The Organization
has no obligation to monitor the Service or Content. The Organization reserves
the right to, at any time, for any reason, and without notice: (i) cancel,
reject, interrupt, remove, or suspend a campaign
or project; (ii) remove, edit, or modify any Content, including, but not
limited to, any User Submission; and (iii) remove or block any User or User
Submission. The Organization reserves the right not to comment on the reasons
for any of these actions.
The Service is provided “as is”
and “as available” and is without warranty of any kind, express or implied,
including, but not limited to, the implied warranties of title,
non-infringement, merchantability, and fitness for a particular purpose, and
any warranties implied by any course of performance or usage of trade, all of
which are expressly disclaimed. The Organization, and its directors, employees,
agents, suppliers, partners, and content providers do not warrant that: (a) the
Service will be secure or available at any particular time or location; (b) any
defects or errors will be corrected; (c) any content or software available at
or through the Service is free of viruses or other harmful components; or (d)
the results of using the Service will meet your requirements. Your use of the
Service is solely at your own risk. Some states or countries do not allow
limitations on how long an implied warranty lasts, so the above limitations may
not apply to you.
The Organization makes no
guaranty of confidentiality or privacy of any communication or information
transmitted on the Site or any website linked to the Site. The Organization
will not be liable for the privacy of email addresses, registration and
identification information, disk space, communications, confidential or
trade-secret information, or any other Content stored on the Organization’s
equipment, transmitted over networks accessed by the Site, or otherwise
connected with your use of the Service. The Organization will not be liable for
the privacy of email addresses, registration and identification information,
disk space, communications, confidential or trade-secret information, or any
other Content stored on the Organization’s equipment, transmitted over networks
accessed by the Site, or otherwise connected with your use of the Service.
Content and License
You agree that the Site contains
Content provided by the Organization and its partners and Users and that the
Content may be protected by copyrights, trademarks, service marks, patents,
trade secrets, or other rights and laws. You shall abide by and maintain all
copyright and other legal notices, information, and restrictions contained in
any Content accessed through the Service. The Organization grants to each User
of the Site a worldwide, non-exclusive, non-Sub licensable and non-transferable
license to use and reproduce the Content, solely for personal, non-commercial
use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is
prohibited without prior written permission from the Organization, or from the
copyright holder. You shall not sell, license, rent, or otherwise use or
exploit any Content for commercial use or in any way that violates any
third-party right.
Intellectual Property
By submitting Content (User
Submissions) on the Site, you agree to the following terms:
Indemnification
You shall defend, indemnify, and
hold harmless the Organization, its Site, its affiliates, and each of its and
its affiliates’ employees, contractors, directors, suppliers, and
representatives from all liabilities, claims, and expenses, including
reasonable attorneys’ fees, that arise from or relate to your use or misuse of,
or access to, the Service and Content, or otherwise from your User Submissions,
violation of the Terms of Use, or infringement by you, or any third party using
your account, of any intellectual property or other right of any person or
entity. The Organization reserves the right to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which
event you will assist and cooperate with the Organization in asserting any
available defenses.
Limitation of Liability
In no event shall the Organization,
nor its directors, employees, agents, partners, vendors, suppliers, or content
providers, be liable under contract, tort, strict liability, negligence, or any
other legal or equitable theory with respect to the service (i) for any
lost profits, data loss, cost of procurement of
substitute goods or services, or special, indirect, incidental, punitive, or
consequential damages of any kind whatsoever, substitute goods or services
(however arising) and (ii) for any bugs, viruses, Trojan horses, or the like
(regardless of the source of origination).
Electronic Delivery, Notice
Policy, and Your Consent
By using the Site, you consent to
receive from the Organization, all communications including notices,
agreements, legally required disclosures, or other information in connection
with the Site (collectively, “Contract Notices”) electronically. The Organization
may provide the electronic Contract Notices by posting them on the Site. If you
desire to withdraw your consent to receive Contract Notices electronically, you
must discontinue your use of the Site. This agreement and each Terms of Use
shall be governed by and constructed in accordance with the laws of india without reference to
conflict of laws principles and disputes arising in relation hereto shall be
subject to the exclusive jurisdiction of the courts of Mumbai.
Governing Law
This agreement and Terms of Use
shall be governed by and constructed in accordance with the laws of India
without reference to conflict of laws principles and disputes arising in
relation hereto shall be subject to the exclusive jurisdiction of the courts of
Bangalore only.
Integration and Severability
These Terms of Use and other
referenced material are the entire agreement between you and the Organization
with respect to the Service, and supersede all prior or contemporaneous
communications and proposals (whether oral, written or electronic) between you
and the Organization with respect to the Service and govern the future
relationship. If any provision of the Terms of Use is found to be unenforceable
or invalid, that provision will be limited or eliminated to the minimum extent
necessary so that the Terms of Use will otherwise remain in full force and
effect and enforceable. The failure of either party to exercise in any respect
any right provided for herein shall not be deemed a waiver of any further
rights hereunder.
Miscellaneous
The Organization shall not be
liable for any failure to perform its obligations hereunder where the failure
results from any cause beyond the Organization’s reasonable control, including,
without limitation, mechanical, electronic, or communications failure or
degradation. The Terms of Use are personal to you, and are not assignable,
transferable, or sublicense able by you except with the Organization’s prior
written consent. The Organization may assign, transfer, or delegate any of its
rights and obligations hereunder without consent. No agency, partnership, joint
venture, or employment relationship is created as a result of the Terms of Use
and neither party has any authority of any kind to bind the other in any
respect. In any action or proceeding to enforce rights under the Terms of Use,
the prevailing party will be entitled to recover costs and attorneys’ fees. All
notices under the Terms of Use will be in writing and will be deemed to have
been duly given when received, if personally delivered or sent by certified or
registered mail, return receipt requested; when receipt is electronically
confirmed, if transmitted by facsimile or e-mail; or the day after it is sent,
if sent for next day delivery by recognized overnight delivery service.