Terms of Use
Terms of Use
This document is an electronic record in terms of the Information Technology Act, of 2000, and the rules framed thereunder. It is generated by a computer system and does not require physical or digital signatures.
Welcome to rurgam.org. Rurgam is owned and operated by Rurgam Foundation (Private Limited), a Section 8 Company incorporated under the Ministry of Corporate Affairs of India. Rurgam facilitates and supports, among other things:
- Donors use the website to contribute financially to our campaigns or those of our partners.
- Collected donations from donors to support these campaigns.
- Marketing and outreach activities are carried out to promote these campaigns and attract donations.
- Procuring and delivering the selected materials for donation to the campaigns.
- Identifying beneficiaries who want to launch campaigns to raise donations-in-kind.
By accessing, browsing, or using Rurgam, you (“You” or “Your”) agree to be bound by these Terms and Conditions (“Terms of Use”) and our Privacy Policy, which can be found at https://www.rurgam.com/privacypolicy. Together, the Terms of Use and Privacy Policy define the relationship between Rurgam and you. You must read these Terms carefully before proceeding. By continuing to use Rurgam, you willingly agree to comply with and be bound by these Terms. If you do not agree, we ask that you refrain from using Rurgam. Please note that Rurgam reserves the right to update these Terms of Use at its sole discretion without prior notice. These Terms take effect immediately upon your acceptance, which is demonstrated by your ongoing use of Rurgam. These Terms of Use are legally enforceable against you, just like any other written agreement.
1. Definitions:
Beneficiaries: Partner NGOs, trusts, societies, or individuals running campaigns on Rurgam to raise donations.
Campaigns: Charitable campaigns on Rurgam aim to raise support for beneficiaries and the community for a better future. Our campaigns are for charitable purposes only and do not involve commercial activities.
Platform or Rurgam: The website rurgam.org and its mobile or tablet applications are owned and operated by the Rurgam Foundation.
Rurgam, Us, or We: Rurgam Foundation (Private Ltd) is a company registered with the Ministry of Corporate Affairs under Indian laws.
Services: The services provided by Rurgam to connect beneficiaries, trusts, and donors, enabling donors to contribute in kind for charitable purposes.
Monthly Donations: If donors opt for monthly donations or contribute through a specific campaign, the Trust has the discretion to allocate those funds towards campaigns related to the selected cause or program. Rurgam performs basic checks on campaign objectives and conducts thorough verification of beneficiaries. While we ensure the integrity of our campaigns, Rurgam assumes no liability for transactions between donors, trusts, and beneficiaries.
2. Service Description:
Donors must disclose their passport status during checkout. Non-Indian passport holders can only donate to a trust registered under India’s Foreign Contribution Regulation Act (FCRA). Donors must not donate to purposes prohibited under the FCRA, such as political candidates, government employees, media professionals, or political organizations.
3. Campaigns:
Accurate Information: Beneficiaries must provide true and accurate information about their campaigns on Rurgam. They should clearly explain the need and use of materials being raised. If false or misleading information is provided, Rurgam may remove the campaign.
No Infringement: Beneficiaries must ensure that their campaigns do not infringe on the intellectual property or privacy rights of others. Campaign descriptions may include text, images, and graphics but should not be misleading.
Reporting: Beneficiaries are responsible for providing accurate progress reports and any necessary information to donors, the Trust, and Rurgam to track the use of donated materials.
Exclusivity: Campaigns hosted on Rurgam must remain exclusive to the platform unless Rurgam gives written permission to share the campaign elsewhere.
Prohibited Donations: Beneficiaries must not seek donations for purposes prohibited by law. If Rurgam suspects fraud or misuse, it may stop the return payments.
Legal Compliance: Beneficiaries must comply with all applicable local, state, and national laws, including the Foreign Contribution Regulation Act (FCRA) and the Prevention of Money Laundering Act (PMLA).
Non-Eligible Persons: Certain individuals, such as political candidates, government employees, or media personnel, cannot receive foreign contributions under FCRA regulations.
Content Use: Beneficiaries may not use Rurgam’s content for any other purposes without written consent.
Termination: Rurgam and the Trust may cancel or suspend campaigns at any time if there is evidence of improper use of materials or lack of regulatory approval.
4. Donations:
Campaign Selection: Donors choose a campaign they want to support and donate an amount through the platform. Donations can be made in Indian Rupees or other currencies via the payment methods provided.
Payment Failures: If a donation payment fails, the donor will be notified. Once a donation is made, no refunds will be processed.
Third-Party Payment Providers: Payments are processed by third-party services, and donors agree to their terms. Rurgam is not responsible for failed payments or issues related to payment processing. Banks or intermediaries may charge fees, which are the donor’s responsibility.
5. Trusts:
Monthly Donations: If a donor chooses a monthly donation option or donates through a specific event, the trust has discretion over spending the funds on campaigns related to that cause or event.
Tax Exemptions: Trusts may offer tax exemptions under Section 80G of the Income Tax Act, 1961 if they are certified. Trusts are responsible for ensuring they provide accurate tax certification information. Rurgam reserves the right to terminate the trust’s engagement and notify authorities if any unlawful certification is discovered.
Verification and Legal Compliance: Rurgam independently verify the partner trust’s claims or certifications. Trusts that accept foreign donations must obtain the necessary licenses (e.g., FCRA registration) and keep Rurgam informed of any changes in their legal status. If any certification or registration is found to be obtained unlawfully, Rurgam will terminate the trust’s engagement and may notify relevant authorities.
6. Beneficiary Information:
Beneficiaries must provide details and necessary documents about their organizations (trusts, societies, NGOs, etc.) on Rurgam and to the relevant Trusts. This information is required for verification or compliance with applicable laws. Rurgam may, at its discretion, verify these details. If any information is false or inaccurate, the Trust may report it to the authorities and take necessary legal action. Rurgam is not responsible for any actions the Trust took in such cases and will be indemnified against any losses arising from false information.
Beneficiaries must ensure that their campaigns do not violate intellectual property, trade secrets, or privacy rights. Campaign listings should only include descriptions, graphics, and pictures that explain the campaign and how the donations will be used. If offering rewards or promotions, beneficiaries must ensure that products are in stock and services are fulfilled as promised.
Rurgam does not charge or commission the beneficiaries, and while it attempts to verify and qualify campaigns, it does not guarantee accuracy. Donors should do their checks and not rely solely on Rurgam’s information. Donors also acknowledge that Rurgam is not responsible for how the beneficiaries use the donated material. Rurgam may choose to promote certain campaigns, but this does not guarantee success, and Rurgam is not responsible for the results of the promoted campaigns.
7. ACCESS To Rurgam:
Rurgam’s services are not available to anyone under the age of 18. Donors from around the world can contribute to Rurgam. However, non-Indian passport holders can only donate to campaigns run by trusts that have the necessary registrations and licenses, including FCRA, as required by law.
Registration:
You agree to provide accurate and up-to-date information about yourself, keep your password and identification secure, promptly update your account’s email address to ensure we can contact you, and take full responsibility for all activities that occur under your account. You may not create an account on behalf of someone else unless authorized to do so.
Using Rurgam’s services does not grant you any ownership or membership rights. It does not make you a permanent member, shareholder, or affiliate of Rurgam, nor does it grant you statutory rights as a member. We may notify or request you to accept additional terms for accessing certain features or services on Rurgam. You agree to use these features only under those terms as if they were part of these Terms of Use.
As a guest, you can browse Rurgam but cannot use any services without providing basic information such as your name, email ID, and phone number. You agree that the information you provide will always be accurate and complete. If you use the services, you are responsible for keeping your account and password confidential and accept responsibility for all activities under your account.
Rurgam reserves the right to change these Terms of Use without prior notice. We also have the right to refuse or cancel accounts if we find any violations of these terms. We may suspend, cancel, or remove any user’s access to Rurgam at our sole discretion for breaching the Terms of Use, without needing to explain.
8. Disclaimer of Warranties and Limitation of Liability:
Rurgam does not endorse or represent any third party. If you interact with any third party through Rurgam, we are not liable for their actions or omissions. We expressly disclaim all warranties related to the content and features available on Rurgam, including but not limited to:
- Any warranties regarding merchantability or suitability for a specific purpose.
- Warranties about the results of using our content or information.
- Any guarantee of continued access or uptime.
- Timeframes for fixing any downtime.
Rurgam is not liable for any direct or indirect losses related to the content, platform usage, or services, including losses from third-party claims, virus attacks, or service disruptions. All materials and services provided through Rurgam are offered on an “as is” and “as available” basis, without warranties, express or implied, unless stated otherwise in writing. This includes no guarantees regarding:
- Continuous availability of Rurgam.
- The completeness or accuracy of information provided.
- The quality of products or services obtained through Rurgam meets your expectations.
We use our systems to provide access to Rurgam, which may face technical limitations or interruptions. As we enhance these systems, increased use or new features may lead to unexpected disruptions, slower response times, and delays in reporting accurate information. You agree that we are not liable for any such issues.
9. Indemnity:
You agree to indemnify and protect Rurgam from:
- Any actions, claims, or expenses (including legal fees) made by third parties due to your use of Rurgam, violations of these Terms of Use, or any agreements with Rurgam or other users.
- Any legal violations, rules, or regulations on your part.
- Any fraudulent activities you commit.
- Your infringement of someone else’s intellectual property or rights.
- Any offensive, threatening, or libellous material you post or transmit on Rurgam
Your responsibilities under this section will continue even after these Terms of Use are terminated.
10. Privacy and Confidentiality:
Your use of Rurgam is governed by our privacy policy, available at [https://rurgam.org/privacy-policy/ ].
Please review it to understand our information practices. You may encounter confidential information (“Confidential Information”) that you must keep strictly confidential. All rights to this information belong to us, and your obligation to protect it continues even after these Terms of Use end. Upon termination, you must stop using any accessed confidential information.
You acknowledge that your obligations are vital to protecting our business, and any breach may cause irreparable harm to Rurgam. We reserve the right to seek injunctive relief in addition to other legal remedies. Confidentiality obligations do not apply if disclosure is required by law or to authorized personnel who also agree to keep it confidential. Rurgam may disclose Confidential Information to shareholders, directors, advisors, or affiliates without restrictions, provided they also maintain confidentiality.
11. Governing Law and Dispute Resolution:
These Terms of Use are governed by the laws of India. Any disputes arising from these Terms or your use of Rurgam will be handled exclusively in the courts of Mumbai, India. If a dispute arises, both parties must first attempt to resolve it through good faith negotiations within 15 days after one party requests a consultation. If they cannot resolve it, the dispute will be referred to arbitration under the Arbitration and Conciliation Act, of 1996. During the arbitration, both parties will continue to fulfil their other obligations under these Terms.
The arbitration will be conducted by a sole arbitrator appointed jointly by both parties. If they cannot agree on an arbitrator within 30 days, one will be appointed according to the Act. The arbitration will take place in Mumbai, India, and all proceedings will be in Marathi, Hindi, and English. You acknowledge that certain provisions, like those on Privacy and Confidentiality and Intellectual Property, are crucial to Rurgam, and monetary compensation may not be enough for any breaches. Therefore, Rurgam can seek specific performance and injunctions to enforce these obligations.
12. Governing Law and Dispute Resolution:
These Terms of Use are governed by the laws of the Republic of India. Any disputes related to these Terms or the use of Rurgam will fall under the exclusive jurisdiction of the courts in Mumbai, India, except where arbitration is specified. In case of conflicting laws due to geographic differences, both parties agree to refer any disputes solely to the courts in Hyderabad, India, and adhere to the dispute resolution process outlined here.
13. Dispute Resolution Process
Initial Negotiations: Any dispute arising from these Terms of Use must first be addressed through good faith negotiations. These negotiations should start within 15 days of one party submitting a written request for consultation.
Arbitration: If the dispute is not resolved within 15 days of negotiations, it will be referred to arbitration under the Arbitration and Conciliation Act, 1996. Arbitration will continue while both Rurgam and you maintain their respective rights and obligations, except for the disputed matters.
Arbitrator: A sole arbitrator will be jointly appointed by both parties. If an arbitrator is not appointed within 30 days of the arbitration notice, one will be assigned as per the Arbitration and Conciliation Act, 1996.
Location: The seat and venue of arbitration will be in Mumbai, India.
Language: The proceedings and documentation will be conducted in Hindi, Marathi, and English.-
14. Specific Performance and Injunctions:
Rurgam reserves the right to seek specific performance or injunctions for breaches of crucial provisions, such as Paragraph 17 (Privacy and Confidentiality) and Paragraph 18 (Intellectual Property). Monetary compensation may not be adequate in such cases.
15. Dispute Resolution Process:
- Initial Negotiations: Any dispute related to these Terms of Use should first be addressed through good faith negotiations. Discussions must begin within 15 days of receiving a written request for consultation from either party.
- Arbitration: If the dispute is not resolved within 15 days of starting negotiations, it will be referred to arbitration under the Arbitration and Conciliation Act, 1996. During arbitration, both Soap and Shalini will continue fulfilling their respective rights and obligations, except regarding the disputed matters.
Arbitrator: A sole arbitrator will be jointly appointed by both parties. If they fail to appoint an arbitrator within 30 days of the arbitration notice, one will be assigned according to the Arbitration and Conciliation Act, 1996.
Location: The arbitration proceedings will be conducted in Mumbai, India.
Language: All proceedings and communications related to arbitration will be in English.
Last Updated: 06-04-2021 By Madad Guard Foundation formerly Rurgam Foundation (Pvt. Ltd)