Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AND THE PORTAL. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
GivinGenie makes information available on this Website subject to the following Terms and Conditions. By accessing this Website, the User agrees to these Terms and Conditions. GivinGenie reserves the right to change these Terms and Conditions at any time without notice. Any changes or modification will be effective immediately upon posting of the revisions on the Website. The User’s continued use of the Website following the posting of changes or modifications will constitute the User’s acceptance of such changes or modifications. Therefore, the User is requested to frequently review the Website Terms and applicable policies from time to time to understand the terms and conditions that apply to the User’s use of the Website. If the User does not agree to the amended terms, the User must stop using the Website.
1. Terms and Conditions
These Terms and Conditions apply exclusively to the User’s access to, and use of, the GivinGenie Website. These Terms and Conditions do not alter in any way the terms or conditions of any other agreement that the User may have with GivinGenie. If the User is using the Website on behalf of any entity, the User represents and warrants that the User is authorized to accept these Terms and Conditions on such entity’s behalf, and that such entity agrees to indemnify the User and GivinGenie for violations of these Terms and Conditions.
By using the Portal and its services, the User states that the User is binding itself to this Agreement.
GivinGenie has selected on the basis of its experience, financial needs and capacity of various non-government organisations (hereinafter referred to as “Participating NGO”). GivinGenie reserves the right to deploy the funds contributed by the Users in such Participating NGO. Though, all efforts have been made to ensure the accuracy, genuineness, registration, compliance with applicable laws and credentials of the Participating NGOs on this Portal, the same should not be construed as a statement of law or used for any legal purposes. GivinGenie accepts no responsibility in relation to the accuracy, completeness, usefulness or otherwise, of the contents. User is advised to verify/check any information with the relevant Government department(s) and/or other source(s), and to obtain any appropriate professional advice before acting on the information provided in the Portal.
3. Allocation of donation(s) to the NGO(s) selected by the User
The User through these Terms and Conditions understands and agrees that GivinGenie reserves the right and is absolutely authorized to search for the information about the NGO(s) selected by the User through the Portal. GivinGenie also reserves the right to provide the donations(s) received through its Portal to the Participating NGO(s) and further provided that such Participating NGO complies with all applicable laws.
4. Discretion of GivinGenie in allocating donation(s) received
The User hereby agrees that once the User visits the Website and makes a donation(s) through the Portal, GivinGenie reserves the full right and has absolute discretion, to allocate the donation(s) received to the cause category without the permission of the User in case, the NGO(s) opted by the User does not form the part of the panel of Participating NGO or is an unregistered NGO(s) or due to some other reasonable cause the donation(s) cannot be allocated to the NGO(s) opted by the User.
5. Permission to hold funds
The User hereby agrees and understands that GivinGenie under these Terms and Conditions reserves the right to withhold the donation(s) received by the User for a period of six months from the date of receiving of donation(s) for any reason whatsoever.
6. Right to deny Donation
The User by agreeing to these Terms and Conditions understands that along with the right to receive donation(s), GivinGenie reserves the right to deny donation(s) and refuse service of the Portal to any User. The parameters on which a User can be denied access to the services of the Portal or from making donation(s) is dependent on the absolute discretion of GivinGenie and the User thereby is prevented under these Terms and Conditions to question the same.
7. Additional charges
The User by agreeing to the Terms and Conditions of the Website understands and grants permission to GivinGenie to charge from the donation(s) made by the User in the Portal, an amount equivalent to the rate of GivinGenie as facilitation fee and marketing costs for the Website operated by GivinGenie.
8. Information collected by GivinGenie
When the User visits the Website, GivinGenie and its service providers may collect personal information that the User may provide, such as the name, address, email address, and payment information of the User. In addition, GivinGenie and its service providers use a variety of techniques to gather other information about the User of the Website, including, among other things, User’s IP address, browser type, mobile device type, content visited while on the Website, and the duration of the User’s visit to the Website.
If User submits any Personal Information relating to other people to GivinGenie or to our service providers in connection with the Website, User represents that the User has the authority to do so and to permit GivinGenie to use the information in accordance with these Terms and Conditions.
9. Form in which GivinGenie collects the Information
GivinGenie and its service providers collect Personal Information that the User provides while using the Website when the User fills out the donation forms. GivinGenie may supplement such information collected from the User with other information.
10. Disclosure of User’s Information
User hereby agrees that GivinGenie may use its Personal Information:
a) to send its information to the GivinGenie and the affiliated NGO(s) and service providers,
b) to personalize its interaction with GivinGenie such as to customize donation forms in any future transactions based on its interest in a particular cause or NGO,
c) To respond to inquiries and fulfill its requests, such as to process donations, renew its membership, or send it information about a project, as well as to provide membership services.
d) To send administrative information to it, such as information regarding the Website and changes to GivinGenie terms, conditions, and policies.
e) For GivinGenie internal purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products and services, enhancing, improving the Website, identifying usage trends, determining the effectiveness of our promotional campaigns, and operating and expanding our activities.
User hereby agrees that GivinGenie may disclose its Personal Information:
a) To GivinGenie’s partner NGOs and service providers.
b) To GivinGenie’s third party service providers who provide services such as website hosting, data analysis, payment processing, information technology and related infrastructure provision, customer service, email delivery, auditing, and other similar services.
c) Information made public through it, on message boards, chat, profile pages, blogs, and other services. User agrees that any information it posts or discloses through these services will become public and may be available to the other users of the Website and to the general public.
d) To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our operations, assets, or stock (including in connection with any bankruptcy or similar proceedings)
(GivinGenie urges you to be very careful when deciding to disclose your Personal Information, or any other information, on the Website.)
11. Sites Linked From This Site; Third Party Content
This Website may contain links to third party Websites and may contain or link to third party information, materials, communications or other content. The User understands that such third party content and third party sites are not under GivinGenie’s control, and GivinGenie does not endorse, assume any responsibility or liability for, or make any representations or warranties regarding, the third party sites, the third party content or any services offered or causes supported by any third parties on their Websites or any third party website. GivinGenie does not intend links on this Website to be referrals or endorsements of the linked entities, or their services or causes, and are provided for convenience only. The User’s use of such third party websites or third party content, or any third party services, is at their own risk and subject to the terms and conditions of the provider.
12. Liability of GivinGenie
In no event will GivinGenie be liable for any expense, loss or damage including, without limitation, indirect or consequential loss or damage, or any expense, loss or damage whatsoever arising from use, or loss of use, of data, arising out of or in connection with the use of this Portal.
The User agrees under these Terms and Conditions, that GivinGenie shall not be liable to indemnify the User from and against any claims, damages, costs, loss, actions, demands, liabilities arising from the way the respective NGOs use the funds. GivinGenie is only a platform for receiving funds and bears no responsibility once after the donation(s) have been received by the NGO(s) through GivinGenie. The User understands once the donation(s) reaches the respective NGOs, they shall have unrestricted right and absolute discretion to use the donations(s) in the manner most suitable to them.
14. Refund Policy
GivinGenie is grateful for all donations received in support of the various causes. Due to restrictions imposed by law and the nature of charitable donations, GivinGenie cannot provide refunds for donations once they have been received.
THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INDIAN LAWS. ANY DISPUTE ARISING UNDER THESE TERMS AND CONDITIONS SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF INDIA