Terms & Conditions
If you browse, access, secure access to the Website, You shall be subject to all the policies and terms mentioned herein. By merely accessing or securing access, browsing the Website, You shall be contracting with Fund Divine , Fund Divine and these terms and conditions including the policies constitute your binding obligations, with Fund Divine ,
Fund Divine allows users to surf, browse the Website without registering on the Website. The term "we", "us", "our" shall Fund Divine.
ONLINE CROWDFUNDING PLATFORM
Fund Divine is an intermediary and offers an online technology platform through the Website
(Fund Divine ). The online crowdfunding platform is designed in a manner to enable users to initiate campaigns, raise funds by publishing campaigns. The online crowdfunding platform connects the campaigners and donors thereby facilitating donation transactions between the campaigners and donors for which service charges are collected by the platform.
You understand, acknowledge and accept that the online crowdfunding is merely a technology platform and a mere facilitator in this regard.
TERMS OF ONLINE CROWDFUNDING PLATFORM
You understand, agree and acknowledge that the online technology platform will feature various donors, campaigners who are third party users. The Website shall however, take no responsibility in any manner for the content, descriptions, invoices generated and uploaded by the third-party users.
The third-party vendors are independent professionals, and Fund Divine, Website shall have no responsibility, liability in whatsoever manner.
1. The online platform (Fund Divine ) is only a mere facilitator of information, offering a marketplace for Advertising Industry
2. All content and related information including but not limited to the specifications, pricing, quotations, invoices shared and uploaded by the third-party vendors are only displayed on the online platform (Fund Divine )
3. The online platform (Fund Divine ) shall not endorse or advise or involve in whatsoever manner with regard to such descriptions, content uploaded and offered by any third party including but not limited to any warranties
4. The online platform (Fund Divine ) shall not in whatsoever manner resolve or mediate any dispute or disagreement between the third-party vendors and the users/ client
5. The online platform (Fund Divine ) shall not make any representation to the content, information provided, offered and uploaded by any third-party vendor on the Website
6. You understand, acknowledge and accept that the online platform provided through the Website (Fund Divine )shall not held liable in whatsoever manner for any but not limited to actions, commissions, misconduct, fraud or negligence of any third-party vendor
7. In no event, shall the website, Fund Divine assume any responsibility, liability for any deviations made by you or the third-party vendor using the online platform
8. You hereby acknowledge and agree that in no event shall website, Fund Divine be responsible, liable for any misuse of the online platform by You and/ third-party vendor and/ any other third party
This Website (Fund Divine ) shall be used only by persons who can form legally binding contracts as per applicable laws. Persons who are "incompetent to contract" including minors, un-discharged insolvents etc. are not eligible to use this Website (Fund Divine ). If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website (Fund Divine ) and shall not use Website (Fund Divine ). As a minor if you wish to use or transact on Website (Fund Divine ), such use may be made by your legal guardian or parents on the Website (Fund Divine ). The Website (Fund Divine ) reserves the right to terminate your Registration and / or refuse to provide you with access to the Website (Fund Divine ) if it is brought to the Website's notice or if it is discovered that you are under the age of 18 years.
REGISTRATION & NO CHARGES
The website does not charge any fee for browsing, creating an account on the Website (Fund Divine). In particular, Fund Divine may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website (Fund Divine). In such an event, the website reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website (Fund Divine) and such changes shall automatically become effective immediately after they are posted on the Website (Fund Divine). Unless otherwise stated, all fees shall be quoted in the currency as mentioned thereof. You shall be solely responsible for compliance of all applicable laws for making payments to Fund Divine
(a) harass or advocate harassment of another person;
(b) involve the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(c) promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(d) infringe upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(e) promote an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices
(f) provide material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(g) provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(h) upload, share, transmit video, photographs, or images of another person (with a minor or an adult).
(i) to gain or attempt to gain unauthorized access or exceeds the scope of authorized access to the Website (Fund Divine) or to account information or other areas of the Website (Fund Divine) or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(k) solicit gambling or engage in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
(l) interfere with another user's use and enjoyment of the Website (Fund Divine) or any other individual's user and enjoyment of similar services;
(m) harm minors in any way;
(n) infringe any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items including images, pictures, information, data;
(o) violate any law for the time being in force;
(p) spread, transmit, upload software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(q) threaten the public order or cause incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(r) to offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(s)You shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or any third parties including individuals, companies, entities, organisations etc.
PROHIBITED USE OF WEBSITE (Fund Divine)
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website (Fund Divine) or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website (Fund Divine) or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website (Fund Divine). We reserve our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website (Fund Divine), or any other systems or networks connected to the Website (Fund Divine) or to any server, computer, network, or to any of the services offered on or through the Website (Fund Divine), by hacking, password "mining" or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website (Fund Divine) or any network connected to the Website (Fund Divine) nor breach the security or authentication measures on the Website (Fund Divine) or any network connected to the Website (Fund Divine). You may not reverse look-up, trace or seek to trace any information on any other user of Website (Fund Divine), or any other customer, including any account on the Website (Fund Divine) not owned by You, to its source, or exploit the Website (Fund Divine) or any service or information made available or offered by or through the Website (Fund Divine), in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website (Fund Divine).
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name used by us including the terms Fund Divine, Website (Fund Divine) or otherwise engage in any conduct or action that might tarnish the image or reputation, of Fund Divine, Website (Fund Divine ) or otherwise tarnish or dilute any trade or service marks, trade name and/or goodwill associated with the trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website (Fund Divine) or Fund Divine 's systems or networks, or any systems or networks connected to the website
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website (Fund Divine) or any transaction being conducted on the Website (Fund Divine), or with any other person's use of the Website (Fund Divine).
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal, you send to us on or through the Website (Fund Divine) or any service offered on or through the Website (Fund Divine). You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- You shall at all times ensure full compliance with the applicable laws, rules, regulations made there under
- You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website (Fund Divine).
- You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website (Fund Divine)) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
- Your correspondence or business dealings with any user, campaigner, donor on the Website (Fund Divine ), or participation in any of the campaigns hosted on or through the Website (Fund Divine ), and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third-party vendor offering such promos/ offers. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party vendors on the Website (Fund Divine).
- It is possible that other Users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website (Fund Divine) and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website (Fund Divine), and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website (Fund Divine) You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Website (Fund Divine).
- The Website (Fund Divine) shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
CONTENTS POSTED ON THE WEBSITE
The content, information including campaign related information like start date, end date, name of the campaign, target amount, created date, creator details, supporting aids like images, videos, collected amount, donation related information like currency information etc., any and all information uploaded by campaigner, any and all information uploaded by donor shall be referred to as "Third Party Content". The online crowdfunding platform merely displays such third-party content and shall be considered as a mere facilitator for this purpose.
All the intellectual property, proprietary rights arising out of such "Third Party Content" shall be the exclusive property of the respective intellectual property owners. We have no intention to acquire the intellectual property arising out of Third Party Content. In no event, shall Fund Divine, Website (Fund Divine ) hold any responsibility, liability for such Third-Party Content.
The Website (Fund Divine ) may also contain free images from the internet, images legally outsourced from various sources, royalty free images and in such case, the source of the images may also be mentioned and credit shall be given to the respective intellectual property owner.
Nothing contained herein shall be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website (Fund Divine) or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Fund Divine, Website (Fund Divine) .
LEGAL ACTION AGAINST USER/ DONOR/ CAMPAIGNER
In the event of any criminal act committed by any user, donor, campaigner, you may take direct action as per applicable law on such user, donor, campaigner and in such cases the Website (Fund Divine ), Fund Divine shall also be informed about the same.
In the occurrence of the any such event mentioned above, you shall not make the Website (Fund Divine), Fund Divine, a party to such offence, as the user, donor, campaigner are individually and severally liable for any criminal act committed by them
LIABILITY DUE TO INTERNET CONNECTIVITY & NETWORK ISSUES
The Website (Fund Divine ), Fund Divine shall hold no responsibility, liability for any actions, acts including but not limited to errors, transmission, activities and issues arising out of internet connectivity and any other network related issues.
CAMPAIGN – TERMS AND CONDITIONS
- You herein agree that any campaigns posted through the website Fund Divine shall not be in support of any crimes including hate crimes, violence, harassment, bullying etc.
- You herein agree that any campaigns posted through the website Fund Divine shall not be connected with any activities involving countries, people, regions, companies or other entities which are subject to US and any other economic sanctions as per applicable law
- You herein agree that any campaigns posted through website Fund Divine shall not be relating to funding any ransom any activity relating to human tracking, corruption, exploitation etc.
- You herein agree that any campaigns posted through the website Fund Divine shall not offer any monetary rewards whatsoever
- You herein agree not to make or accept any donations whatsoever in the event you are aware or suspect that the campaigns are erroneous, fraudulent or illegal
- You herein agree not to use the website Fund Divine for the benefit of a country, organisation, company or any individual blocked or embargoed by the government including those identified by the United States Office of Foreign Asset Control (OFAC)
- You herein agree to maintain a copy of all information related to the Campaigns, Donations as required as by all applicable laws, rules, regulations or government authority
- You herein agree to extend complete co-operation with regard to the audit of such information in case of any violation, wrong doings, breach, infringement
- You herein agree that M/s. Fund Divine and the website Fund Divine shall reserve the right to refuse, suspend, condition any donations or any other transactions between the campaigners and the donors, users in the event M/s. Fund Divine and the website Fund Divine is suspicious about any campaign, donation, transaction taking place through the website Fund Divine
While we encourage you to share your views and opinions on the Website (Fund Divine), we expect that this will be done in a respectful manner. This policy is applicable to posts, comments and reviews posted by you on and/or using Website (Fund Divine)
The Website (Fund Divine ) shall however not agree with or endorse every comment that individuals post on the Website (Fund Divine). When making moderation decisions, we will take these guidelines, as well as the context in which comments are made, into account
We share this information in an effort to be transparent about our moderation process and why certain comments may be removed. Kindly read these terms/ guidelines while making any posts, comments, reviews on the Website (Fund Divine)
You specifically agree not to post or transmit any comments, reviews, posts, content or engage in any activity that: -
- Violate our Terms and Policies;
- Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable
- Violate any right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
- Disguising or attempting to disguise the origin of your comment, review, posts, content including but not limited to by submitting your comments, posts, reviews, content under a fake or false name
- Constitutes a knowingly erroneous or unethical review
- Causes, or is a result of, a conflict of interest;
- Is commercial in nature, including but not limited to posts, comments, reviews submitted in exchange for payment,
- Contains material that is not in English
- Accesses or uses the account of another user without permission;
- We reserve the right to remove any comment, review, posts, content that might be found extremely offensive or threatening.
- Please don't exaggerate, falsely state, misrepresent your experience and watch your language.
- This also includes but not is limited to derogatory comments or indication of a personal vendetta against Website (Fund Divine ), Fund Divine and its affiliates.
All links posted as comments, reviews on the Website will be reviewed and may be deleted if found violating these guidelines. Repeated violations of this policy may cause the author to be blocked from our Website (Fund Divine).
The Website (Fund Divine ) shall have the right to immediately block your access and further it shall also have the right to remove any non-compliant comment, post, review and content forthwith, uploaded on the Website. The Website reserves have the right to take appropriate recourse to such remedies as would be available to it under various statutes.
USER OBLIGATIONS- GENERAL TERMS & CONDITIONS
- You shall be obliged to provide accurate information and other details to us
- You shall also adhere to the minimum age requirement i.e. 18 years as defined by the law of the land
- You shall read all the policies, terms mentioned in the Website (Fund Divine)
- You shall not copy or use the information contained in the Website (Fund Divine)
- You shall ensure compliance to the User Review policy contained herein
- You shall be responsible for all and acts arising out of your account
- You shall be responsible for ensuring reasonable security measures regarding your login credentials and in event shall the Website, Fund Divine be responsible or liable in this regard
TERMS & CONDITIONS – CAMPAIGNER
- You shall be responsible in full and complete for any and all campaigns you create, publish through the website (Fund Divine )
- You shall be responsible in full and complete for any and all information including campaign related information, images, videos, texts etc. you upload through the website (Fund Divine )
- You herein agree that neither M/s. Fund Divine nor the website (Fund Divine ) shall provide any guarantee that a campaign will obtain a certain amount of donation or any donations
- You herein agree that neither M/s. Fund Divine nor the website (Fund Divine ) shall resolve, mediate, negotiate any donation related transaction between you and any donor/ user
- You shall be solely responsible for any violation, breach, infringement of any intellectual property relating to the images, videos, texts, content you post or upload through the website (Fund Divine) . You herein acknowledge and agree to indemnify and hold harmless, protect M/s. Fund Divine and the website (Fund Divine ) in such scenarios
- You herein acknowledge and agree that any donation or contribution is the final determination of the donor making such donation or contribution. You herein agree that neither M/s. Fund Divine nor the website (Fund Divine ) shall assume any liability or responsibility whatsoever manner
- You shall be responsible in full and complete for the success or failure of any campaign you post or upload through the website (Fund Divine ). You herein acknowledge and agree that neither M/s. Fund Divine nor the website (Fund Divine ) shall have no responsibility or liability whatsoever
- You herein acknowledge and agree that neither M/s. Fund Divine nor the website (Fund Divine ) shall make any implicit or explicit endorsement regarding any donor, user
- You shall be solely responsible for ensuring that any and all donations received through the website (Fund Divine ) are used for the required purpose of such campaigns. However, neither M/s. Fund Divine nor the website (Fund Divine ) shall assume no responsibility, liability whatsoever in this regard
- You herein acknowledge and agree that it shall be your sole responsibility, liability to determine if any taxes are applicable to the donations you receive herein through the website (Fund Divine ) . However, in case any such taxes are applicable, then it shall be your sole responsibility to assess, collect, remit such taxes to the appropriate tax authority. You herein acknowledge and agree that neither M/s. Fund Divine nor the website (Fund Divine ) shall have any responsibility, liability for such tax related issues including tax collection, remittance , evasion if any.
- You herein agree that any and all donations received through the website (Fund Divine ) shall be received through online PayPal and offline wired transactions in case of Indian based campaigner
- You shall be able to create and publish campaigns, share campaign details to third party websites like Facebook, Twitter and through SMS, Email, WhatsApp for mobile app, view reports relating to collections, campaigns, donors, donations etc. once you log into your account through the website (Fund Divine )
- Once your campaign is live and starts receiving donations through PayPal, the fund raisers can request for a withdrawal at any time or Fund divine administrator starts transfer of money securely online through electronic transfer at the frequency defined by the Administrator. By withdrawing money, the live campaign progress does not get affected. Administrator can start transfer of fund balance directly to your PayPal account.
- All campaign fund transfers to fund raiser account attract a transaction and handling charges.
- 5% of collected amount for each campaign towards Fund Divine charges for maintenance and promoting the campaigns.
- Payment Processing Charges: 2.9 % + 30 Cents per transaction payable to PayPal.
- $55 dollars per wire transfer fees will be deducted from the total amount before transferring funds.
- While fundraisers receiving money from overseas to India bank accounts, should comply with Country and State FCRA act, rules and regulations.
TERMS & CONDITIONS – DONOR
- You herein acknowledge that any and all donations you make for any campaign through the website (Fund Divine ) shall be at your own risk and neither M/s. Fund Divine nor the website (Fund Divine ) shall assume any responsibility or liability in this regard
- You herein acknowledge and agree to understand, verify, check any and all information related to the campaigns posted through the website (Fund Divine )
- You herein acknowledge and agree to clarify any and all queries with respect to any campaigns and related aspects with the campaigner who is the person posting such campaign through the website (Fund Divine ) . You herein acknowledge and agree that neither M/s. Fund Divine nor the website (Fund Divine ) shall assume any liability or responsibility arising thereof.
- You herein acknowledge and agree that neither M/s Fund Divine nor the website (Fund Divine ) shall have no responsibility, liability to verify if the donations made herein are used in accordance with the required purpose as per applicable laws
- You shall pay donations online using payment gateway provided through the website (Fund Divine )
- You shall be able to donate amounts, search campaigns, share campaign details via Face Book, Twitter, Email, SMS, WhatsApp for Mobile Apps, like and save as favourite once you log into your account through the website (Fund Divine )
- You herein agree to honour the donations i.e. payments made by you through the payment gateway facility provided through the website Fund Divine
- You herein agree to provide true, accurate information required for creating an account through the website Fund Divine and also while making payments (donations) via the payment gateway facility provided through the website Fund Divine
We shall be liable for any technical and relative issue with regard to the online platform (Fund Divine). However, we shall hold no liability for unforeseen circumstances, force majeure events and situations beyond our control.
This Website (Fund Divine), all the services, included on or otherwise made available to You through this Website (Fund Divine) are provided on "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, the Website does not warrant that: -
ii. The Website (Fund Divine ) does not warrant that this site; information, Content, materials, images, product (including software) or services included on or otherwise made available to You through the Website (Fund Divine); their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on Website (Fund Divine) constitutes, or is meant to constitute, advice of any kind.
We disclaim any damages, liabilities, loss, claims including ANY SPECIAL, INCIDENTAL, INDIRECT or CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION OR ARISING OUT OF YOUR USE OF THE WEBSITE.
You will be required to enter a valid name, phone number and email id while availing registering on the Website (Fund Divine). By registering your phone number with us, you consent to be contacted by us via phone calls and / or SMS notifications, in case of any updates.
PCI DSS COMPLIANT
We are PCI DSS (Payment Card Industry Data Security Standard) compliant and shall maintain all applicable PCI DSS requirements to the extent required as per applicable laws.
THIRD PARTY WEBSITE LINKS
The website Fund Divine herein provides and facilitates links of third party websites including Face Book, Twitter, SMS, Email, WhatsApp and allows you to access such third party websites, resources for the purpose of sharing information relating to campaigns, donations etc. You herein acknowledge and agree that such links to third party websites are made available through the website Fund Divine for the purpose as mentioned herein. You further acknowledge and agree that neither M/s Fund Divine nor the website Fund Divine have any control of such third-party websites, resources, nor endorse such third-party websites, resources. You also acknowledge and agree that the website Fund Divine is only a mere facilitator in this regard and assumes no responsibility, liability for any such acts, actions, activities, commissions, omissions, negligence, fraud of such third-party websites, resources.
WITHDRAWING DONATIONS- TERMS & CONDITIONS
The website Fund Divine reserves the right to collect the complete donation amount raised through the website Fund Divine. However, the website Fund Divine shall charge a service fee in consideration of use of the online crowdfunding platform Fund Divine for raising donations. Further, the website Fund Divine shall retain the service fee and transfer the balance amount to the merchant account of the campaigner which is provided at the time of signing up on the website Fund Divine. The disbursement shall be made on or before thirty (30) days from the date of receiving written request from the campaigner. However, in case of any unforeseen circumstances or circumstances beyond the control of Fund Divine, the time frame may be extended until such unforeseen circumstances are resolved. You herein acknowledge and agree that neither M/s. Fund Divine nor the website Fund Divine shall assume no liability, responsibility for such unforeseen circumstances or circumstances beyond its control
APPLICABLE LAW / JURISDICTION
The Website (Fund Divine ) does not ensure that the content including description, data and information thereof is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
The Website (Fund Divine ) may include inaccuracies and typographical errors. Changes and improvements are periodically made to the site and the information therein. We do not warrant or assume any legal liability or responsibility for the completeness, or usefulness of any information, content etc. Information received via this Website (Fund Divine) should not be relied upon for personal, legal or financial decisions.