Terms and Conditions
1. Summary of Services
The web platform www.paincaretrust.com ("Platform"), where users seeking financial help for medical reasons, creative/innovative activities, or charity objectives organize campaigns. As a result, Users may use the Platform in the following capacities:
a) User seeking financial aid initiate fundraising campaign on Platform to raise funds ("Campaigner"), including but not limited to individuals, organizations, and NGOs;
b) User willing to donate towards any such campaign on Platform ("Donor / Funder")
c) Users browsing the Platform "Visitors."
1.1 The funds are collected on the Platform (under a fundraising campaign) through two (2) separate entities namely
● PainCareTrust Technology Ventures Pvt Ltd. or any of its Indian affiliates – This Impact entity collects and processes ONLY the Indian / INR contributions made on the Platform on any campaign and separately disburses the same to the Campaigner /beneficiary or towards the purpose of the Campaign.
● Social Squared Ventures Inc. or any of its affiliates – This entity collects and processes ONLY USD or other currency contributions (other than those made in INR) made on the Platform on an individual campaign.
1.2 Before releasing cash to Campaigners, however, we cannot guarantee that funds generated on campaigns will be used for the
campaigns. We take no responsibility for ensuring that donations are utilized in line with any applicable laws; this is completely the responsibility of the Campaigner.
While we have no legal responsibility to verify that any funds raised are used in compliance with relevant legislation and these Terms of Utilize, we use our selected verification and safety procedures concerning the campaigns to prevent potential fraud and abuse of cash raised.
If You have cause to think that a Campaigner is not raising or utilizing funds for the stated purpose, please use the 'Contact' option on the campaign to notify our staff of this possible issue, and we will examine to the best of our abilities.
2. Submissions of User Content
2.1. The Company makes various content available through the Site, email, websites, and other media, 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').
Users may be able to contribute, add, produce, upload, submit, distribute, assist the distribution of, gather, post, or otherwise make content available ('Submit'). You, as the Campaigner, provide the public with the chance to engage in a contract with You by starting a fundraising campaign on the Site.
By funding a campaign on the Site, you accept the offer and the contract between the Campaigner and the Funders the Campaigner and Funders' agreement does not include www.paincaretrust.com or the Owners. All transactions are purely between Users.
2.2. Users will not Submit Content that is harmful, offensive, obscene, abusive, invading of privacy, harassing, racist, or otherwise discriminating, false or fraudulent, or incites criminal behaviour to authorize. The Team will not be found responsible for such activities or conduct, or any Content shared by a User.
3.Terms Approval
3.1.Users agree to the Platform's Terms and Conditions and enter a legal contract with the Website.
3.1.1. By creating an account on the Site,
3.1.2. register on the Site; and/or
3.1.3. By using the Site's features or the Services provided therein, you agree and acknowledge that You are eligible to enter a contract with Us.
3.1.4. You've read the Terms of Service; and
3.1.5. the Terms You agree to be bound by of Use.
3.2.The Service is provided subject to your acceptance of all the terms and conditions contained in these Terms of Use, including the Privacy Policy (which can be found on the Site) mentioned in this document, as well as 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 Company PainCare Trust without notice to you.
Furthermore, any Services made available through the Site may be subject to additional terms and restrictions imposed by the Company.
Your use of those services is governed by their extra terms and conditions, which are includedinto these Terms of Service by this reference.
4. Modification of Terms of Use
The Trust maintains the right, at its sole discretion, to update, stop, or cancel the Post and its services (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason.
Without warning or responsibility, the Company may also limit some features and services or restrict your access to portions or all the Site.
You must review the Terms of Service for modifications regularly. Your continued use of the Site after any changes to the Terms of Use are posted signifies acceptance of such changes.
5. Fund Transaction and Accountability
The Site offers various payment gateways to facilitate the transaction of funds for campaigns. However, it may be noted that the Site or the Trust.
5.1. Are not the final recipients of any funds from the Funders directly, but a service provider, which enables receipt of funds (both domestic and foreign) by campaign owners, who are the final recipient of funds.
5.2. Collects the funds in the Company and/ or SSV or its affiliate’s bank account till the campaign is running for a period chosen by the Campaigner. And transfers the funds to the beneficiary’s bank account during or after the campaign's time has ended based on the instruction of the campaigner or beneficiary.
5.3. Does not generate contributions and Funders for a campaign.
5.4. Does not guarantee that the target funds of a campaign will be raised fully.
5.5. Does not offer the platform to Users for investing in a project for equity, loans/debt, or profit-sharing.
5.6. Shall receive all contributions from Funder(s) (where the Funder is not an Indian citizen) via accounts or cards issued by the United States of America (“USA”) or other countries except for India in its registered bank account of Social Squared Ventures Inc. or its affiliate.
5.7. If you are an organization, eligible to issue tax deduction certificates to your donors, IGTV will facilitate such activity 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.
IGTV will not have any liability, in any form whatsoever, in this regard. the Terms of Service, which may result in automatic account cancellation. You may not use any name or word as a User ID, domain name, or project name if it:
6. Terms and Conditions for Campaigners
6.1. CONSENT
6.1.1. I, the Campaigner, hereby authorise Pain care and its members to use any excess funds left after the completion of the purpose of my Campaign to other Campaigns on its platform to treat another campaigner. I, the campaigner, thus declare patient in need, or for any other reason in PainCare sole discretion.
6.1.2. I, the Campaigner, have read and understood the Terms of Service and Privacy Policy offered by the website to launch a Campaign on their platform.
I was able to ask questions concerning the Platform, the Campaign, and my participation in both. I realize that it is critical to contribute to the success of the Campaign and accomplish its objectives.
The Satisfaction level of employees must collect the Materials [original document(s), statement(s), interview(s), photograph(s), video(s), or any other likeness including any personal information including names, photos, videos) and/or medical records] from me and, if necessary, publish them on the Platform and other social media sites.
7. Campaigner’s obligations & liabilities
Campaigners are completely responsible for designing their campaign pages within the Site's style. All relevant information, including writing, photographs, and videos, must be sourced by campaigners. You also agree that your content or any other submission will not contain third-party copyrighted content or material subject to other third-party proprietary rights unless you have permission from the material's rightful owner or are otherwise legally entitled to post the material and grant the Site all the license rights granted herein. You agree to pay any royalties and other payments payable to any person or organization in honour of your submission of material to the Site or the Trust publishing or hosting of the content as envisaged by these Terms of use. The Company and Users' use or other exploitation of material as envisaged by this agreement will not infringe or violate the rights of any third party. Furthermore, all material posted publicly or privately on the Site is strictly the responsibility of the person from whom such Content originated. The accept trust no responsibility for any inaccuracies or omissions in the text. The identification of any other Users with whom you may engage while using the Site cannot be guaranteed by the Paincaretrust. You access all content on the Site at your own risk, and you will be fully responsible for any resultant harm or loss to any party. No campaign on the Site can begin without the permission of all campaign participants. Page elements such as the pitch video, pledge material, photos, team profiles, and so forth. Any of your content may be deleted, edited, modified, reformatted, excerpted, or translated by the Paincaretrust If the Campaigner receives input from the company or the owner to update the elements, the Campaigner must apply it. The company reserves the right to prevent unacceptable campaigns from being launched on our platform
8. Campaign goal and timetable
8.1 The Campaigner is not permitted to modify the financing objective and/or time of his campaign once it has gone live and has been made public on the Site.
8.2 The site makes no guarantees about the number of possible donations that each campaign may obtain.
8.3 Each campaign has a financing target and only 365 days to attain that objective.
8.4 Once the money needed for a certain cause has been raised in full, Campaigners will not be permitted to hold other fundraisers for the same cause.
9. Campaign Marketing
9.1. The Company / Site will only give marketing help in the form of a pre-live marketing plan and marketing tips & tricks after the campaign launch if relevant based on price. If a Campaigner has engaged in digital marketing and public relations services, the services provided are only limited to executing such campaigns on the platforms agreed upon. For instance, Facebook, Twitter, and Instagram. However, the Company / Site does not, under any circumstances, guarantee campaign success. The Campaigner bears the whole risk of the campaign's successes or failures. Without the prior authorization of the firm, you may not use any content developed by the company, in part or whole, for any other fundraising or awareness purpose. If you get such approval, you must give written credit to the company and offer links to the company's website or related social media handles while utilizing such content, as well as follow any other requirements that the company may impose from time to time.
9.2. If the Company / Site is undertaking digital and email marketing for a specific campaign, such as Facebook, Twitter, Instagram, Taboola, etc., the Company / Site reserves the right to share donor data with the campaigner. In such cases, the Company / Site may recreate the campaign from an official account, such as info@paincaretrust.com, resulting in no donor information being sent on to the campaigner.
9.3. At its sole discretion, the Company / Site may display live in its periodic mailers to its database or on its Facebook, Twitter, or other social media profiles. Campaign performance may influence the selection, but it does not guarantee it.
9.4. In such cases, Campaigners consent to the Company's use of original Materials, interviews, images, and video releases, as well as authorize deductions for additional outreach expenses spent in connection with marketing initiatives.
9.5. The Company maintains the right to utilize any remaining money after paying the hospital's dues on other campaigns, causes, or purposes where funds are needed.
10. Campaigner email database
The Campaigner hereby agrees to grant the Company / Site unrestricted and unconditional access to the Campaigner's contacts database (including email addresses, phone numbers, addresses, virtual profile handles, virtual profile address, virtual profile link, and so on) and authorizes the Company / Site to retain, save, access, and contact all such persons/entities in the Campaigner's contacts database for the Campaigner's campaign as well as for a future campaign. It is clarified that the Campaigner will share the Campaigner's contacts database with the Company / Site as part of the Campaign formulation process. It is clarified that the Campaigner will share the Campaigner's contacts database with the Company / Site as part of the Campaign formulation process.
10.1. In the analytics part of the Campaigner profile, information about their Funders is supplied to the Campaigners. Campaigners can access information about funds gathered through real-time emails for each funding to ensure complete transparency.
However, the Company / Site is not responsible for erroneous Funder information. Campaigner must contact Funders directly, without contacting the Site or the Company, to obtain any additional information other than contact information or the Funders' data provided to the Campaigner by the Company / Site.
10.2. It is clarified that you may file a complaint if you believe the Campaigner is not generating or using cash for the stated purpose at any time. clicking the "Report" button on our website to notify our team of possible fraud or malpractices.
Upon receiving such a complaint, our staff will investigate the situation to the best of our abilities, and the results will be posted on our website.
10.3. As a Campaigner, you must register with the Company and provide all necessary information, including but not limited to Aadhar card details, banking details, income tax details such as PAN, and registration certificates under various provisions and laws, as determined by the Company from time to time.
Also, honour the Funder's promises in the manner and time specified in the campaign. Even after the campaign has concluded, the Company may seek information about the Campaigner's use of the funds raised and send that information to the Funders.
10.4. If the Company receives a chargeback on a transaction/donation and the funds have already been sent to the Campaigner/beneficiary, the Campaigner/beneficiary will be responsible for refunding the amount charged back to the Company.
10.5. If a transaction is discovered to be fraudulent after the Company has sent funds to the Campaigner/beneficiary, the Campaigner/beneficiary must restore the funds to the Company, failing which the Company has the right to pursue legal action against the Campaigner/beneficiary.
10.6. If the Company / Site discover any suspicious conduct with a particular campaign/campaigner, the Company may, in its sole discretion, halt the fundraising and reimburse all transactions linked with it. In such a circumstance, the corporation may file an official complaint with the Cyber Security Cell against the campaigner.
11.Transfer and Utilization
11.1. The Site simply facilitates the transfer of cash from Funders to Campaigners; it is not the final recipient of monies generated on its platform (save for commission due to the Campaigner).
11.2. Campaigns can be one of two types
11.2.1. India-based campaigns (i.e., campaigns in which Campaigners seek to implement the project in India and, as a result, have an Indian bank account into which the campaign Funder's contributions may be released) or
11.2.2. foreign-based campaigns (i.e., campaigns in which Campaigners seek to implement the project outside of India and, as a result, have a foreign bank account into which the campaign Funder's contributions may be released).
11.3. The funds can be either Indian (collected in INR) or foreign (collected in USD) (collected in currency other than INR). PainCare Technology Ventures Pvt. Ltd. or its Indian affiliate businesses will collect Indian funds, while Social Squared Ventures Inc. and its affiliates will collect foreign funds. Following that, each such body will disburse the monies to the Campaigner or the campaign's purpose independently.
11.4. Campaigners (individuals or organisations) that start a fundraising campaign on the Platform can be based in India (i.e., campaigns where the Campaigners want to implement the project in India) or beyond India (i.e., campaigns where Campaigners seek to implement the project outside India). If the Campaigner is raising funds on the Platform from outside India, the foreign monies will be collected and disbursed by Social Squared Ventures Inc. or its affiliate business, with PainCare Technology Ventures Pvt Ltd. having no responsibilities or liability in this regard.
11.5. No payments or contributions will be reimbursed in the event of a successful campaign. Donations/contributions may be repaid exclusively at the discretion of the Company / Site in the event of extenuating circumstances. All fees, including GST and other taxes and any levies, will be deducted before the net amount is transferred.
11.6. Account Holds: The Company may, from time to time, place a hold on a campaign bank account (a Hold), preventing a Campaigner from withdrawing funds. The following are some of the reasons why we might put a Hold on a campaign bank account :
11.6.1. If we have cause to think (in our sole judgment) that information given by a Campaigner is incorrect, deceptive, or fraudulent, or that funds are being misused.
11.6.2. If the monies available should be given to someone other than the Campaigner (such as a legal beneficiary or someone authorized by law to act on the Campaigner's behalf).
11.6.3. If we feel a Campaigner has breached these Terms of Service / Use.
11.6.4. if we believe we require more proof to have reasonable assurance that funds will be used for the campaign's stated purpose
11.6.5. if needed by court order, subpoena, writ, or injunction, or as otherwise required by applicable laws and regulations
Please contact us at infopaincaretrust@gmail.com if you have any questions about a Hold, we may have put on your campaign bank account, or if you require information on how to resolve the Hold.
12.1. All international contributions/donations must be made in strict accordance with all applicable Indian regulations. The Campaigner represents and certifies that it is aware of and complies with the Foreign Contribution Regulation Act, 2010 ("FCRA") and its provisions. The campaigner further guarantees that neither he nor the beneficiary (for whose benefit the funds will be used) is a prohibited person under FCRA section 3 I (or falls under an exception to FCRA applicability).
12.2. To receive foreign funds raised on the campaign, the Campaigner must have an FCRA registration as well as a designated FCRA bank account with SBI, New Delhi branch, if the Campaigner is a non-governmental organization and/or is raising funds for a "definite cultural, economic, educational, religious, or social program" as defined under FCRA.
12.3. Recipients of foreign monies generated on the campaign (Campaigner, Beneficiary, or any other individual or organization) will be required to comply with foreign currency restrictions under the Foreign Exchange Management Act of 2000 ("FEMA"), as well as RBI regulations on crowdfunding, as applicable. Failure to do so may result in the cancellation of the fundraising and reimbursement of funds to the donors who contributed to the cancelled fundraiser.
12.4. Recipients (Campaigner, Beneficiary of Campaigns, whether individuals, associations, charities, social enterprises, hospitals, firms, or organizations) acknowledge that they have the requisite regulatory licenses to receive such funds if contributions are received outside of India. FCRA, FEMA, and/or other applicable regulations changed from time to time by the Indian federal government, state governments, and other regulatory bodies are examples of such licenses.
12.5. It should be noted that the following individuals are not eligible to receive foreign donations under the current FCRA terms:
12.5.1. Candidates for election
12.5.2. registered newspaper correspondents, columnists, cartoonists, editors, proprietors, printers, or publishers
12.5.3. Judges, government officials, or workers of any business or other government-controlled or-owned entity
12.5.4. Any legislator's members
12.5.5. Political parties or their office bearers
12.5.6. Organizations of a political nature, as the central government may specify
12.5.7. associations or companies engaged in the production or broadcast of audio news, audio-visual news, or current affairs programs organization authorized program utilizing organizers recognized fulfilment authorize honour organization program utilizing organizers any other mode of mass communication.
12.5.8. Correspondents or columnists, cartoonists, editors, or owners of associations or companies referred to in the clause above.
This list may be updated from time to time in response to regulatory and statutory measures, and such updates will apply to Recipients with immediate effect.
12.6. All recipients of foreign contributions must follow FCRA guidelines by obtaining an FCRA certificate and informing the Central Government in Form FC-1 within thirty days after receiving the contribution, if applicable. This form can be found at https://fcraonline.nic.in/FC1.aspx on the FCRA website. All receivers also agree that any foreign contributions they receive cannot be transferred to anyone else, as stipulated by the FCRA legislation.
12.7. The recipients acknowledge and agree that (the intermediary who receives foreign funds on the Platform) does not verify this information and that it is the recipient's responsibility to obtain the necessary approvals and comply with the applicable laws before withdrawing the foreign funds received through the campaign. assumes that by requesting the withdrawal of foreign funds, the recipient has completed all required compliances under the FCRA or FEMA guidelines and standards.
12.8. You agree to indemnify,their parent companies, subsidiaries, affiliates, associated non-profit entities, and their promoters, directors, investors, officers, associates, successors, assigns, licensors, employees, directors, agents, and representatives harmless from and against any claim, demand, lawsuits, a judicial proceeding, losses, liabilities, damages, and costs (including, without limitation, all damage). The indemnities, if any, will last for the duration of the Agreement.
13.1. Campaigners are responsible for any tax responsibilities incurred because of the donations generated through the Site. Income tax, VAT, service tax, and GST worldwide taxes, as well as charges levied on the funds raised or the acquisition of incentives, are examples of these taxes.
Campaigners are not entitled to any tax or legal advice from Site. Information in FAQs is provided as a guideline only and is subject to change without notice.13.2. The lowest amount that can be donated/contributed by debit/credit card in India is INR 200. The minimum amount required for other methods is INR 1. The following is the minimum amount that can be donated/contributed via debit/credit card using the Platform for overseas donations:
● For the United Arab Emirates, a minimum of AED 20 is required.
● For Hong Kong, a minimum of HKD 50 is required.
● For all other countries, a minimum of INR 1000 is required.
13.3. If you are an organisation that is authorised to issue tax deduction certificates to your donors who made donations in Indian Rupees under Section 80G of the Income Tax Act of 1961, the company will handle the process on your behalf using its software programme. It is, however, solely your obligation to guarantee that you have all the appropriate approvals and certificates to issue tax-deductible receipts to your donations. In this regard, the Company will not be liable in any way.
14.1. The monies raised through the Site must be used solely for the project started in the crowdfunding campaign. If Campaigners are found to be utilising funds for purposes other than those mentioned at the time of raising the funds, or for other inappropriate purposes, Funders and/or Company / Owner (jointly and severally) may pursue legal action against them. The Site reserves the right to end or suspend the campaign at any time during the campaign if it receives any notification of misuse of funds or use of funds for a purpose other than the stated creative project, without prior notice or discussion with the campaign owner, at the Company's sole discretion.
14.2. The sole responsibility of the campaigner is to use the funds for the purposes stated on our fund-raising page.as well as their respective affiliates, are not responsible in any manner for the final use of money. In compliance with the Prevention of Terrorism Act of 2002 and any subsequent rules promulgated under this Act, the Campaigner/beneficiary will ensure that the funds obtained from and/or are not used to fund any act of terrorism, either directly or indirectly. If the Campaigner/beneficiary, or anyone acting on their behalf, violates any provision of the Prevention of Terrorism Act, 2002, or other such legislation, have the right to immediately terminate the Contract and collect the amount transferred from the Campaigner/beneficiary.
Furthermore, the Company will take all appropriate legal measures, including filing a criminal complaint against the concerned Campaigner/beneficiary, as required by law.15.1. The Site complies with the Reserve Bank of India's Anti-Money Laundering (AML) guidelines, as published in its circular RPCD.RRB.RCB.AML.BC. No.02/07.51.018/2014-15 on July 1, 2014, and as revised from time to time.
15.2. Every beneficiary (campaign organisers on the Site) must authenticate his or her identity following the guidelines' Know Your Customer (KYC) requirements. This will include the use of a One Time Password (OTP) to verify the registered cell phone number, as well as one of the identifying documents recognized by the Reserve Bank of India, such as a Permanent Account Number, Aadhar Card Number, Passport, and so on. The list of such registered documents shall be updated on the Site from time to time at the Site's sole discretion.
16.1. Verification will be required to withdraw funds from the Site and may be requested by the Site at any time during a campaign, at its sole discretion. Failure to comply could result in the discontinuation of a fundraising effort, with monies being returned to donors.
16.2. The location displayed on your Campaign page must correspond to the legal address you provide to the Site when submitting a withdrawal request. Campaigners may not create duplicate Campaigns without proof of satisfying the initial Campaign's fulfilment commitments. Failure to meet Campaign requirements may result in the Site deleting the Campaign(s) and pursuing a refund of funds raised, including via the use of third-party collections services. Only the Campaigners will be able to collect funds from the Campaign.
16.3. Campaigners are responsible for collecting and remitting any taxes due on Contributions, as well as any taxes payable in connection with Campaigners may not self-fund or contribute to their Campaigns using a fraudulent email address; this is a violation of our policies and Terms of Use.
16.4. IGTV and/or SSV may attempt to verify the identity and other information submitted to us by Campaigners, and if we are unable to do so to our satisfaction, we may delay, withhold, reverse, or refund any Contributions or other amounts without notice or responsibility. The eligibility of a campaigner is contingent on the IGTV and/or SSV reviewing the status of earlier crowdfunding obligations.
16.5. Tax authorities may treat monies raised on the Site as taxable income for Campaigners and any beneficiary who receives funds directly from the appropriate Campaign. Campaigners and any beneficiaries will be asked for their personal account number/tax identification number (PAN) on the Site so that we can report taxable income to the appropriate taxation authorities.
16.6. Only regular payment mechanisms - confirmed credit or debit cards, net banking, wallets, checks, or cash (up to limits authorized by the RBI or Income Tax) - will be accepted for contributors on the Site. In the case of cash contributions, all payments above RBI or Income Tax thresholds must be accompanied by the contributor's Permanent Account Number. Only cash contributions from Indian residents are accepted.
17.1. While Campaigners have full ownership of the project and the authority to execute it, they are responsible and obligated to accomplish it by the deadline they set. To avoid Funder's displeasure, campaigners must also keep the Funders informed about the work in progress.
17.2. The Site make no promises or guarantees on behalf of the Campaigner as to the project's completion of the use of funds generated solely for the project's purpose.
17.3. Likewise or the Site, assume no responsibility for ensuring that the project for which funds are gathered through its Site is completed and made available to the Funders. The Funders have complete freedom to contact the Campaigners directly and resolve any disagreements that may emerge regarding the campaign or project.
18.1. Depending on the circumstances, Campaigners may offer Funders certain incentives in exchange for their funding. Under no circumstances can these incentives be monetary (e.g., interest on a loan, ownership/equity stake, revenue/profit split).
18.2. Campaigners are exclusively responsible for obtaining and delivering incentives to Funders, and they must adhere to the rewards delivery deadline mentioned on the campaign page.
18.3. The company, the owner, or the site will not be liable for any liabilities arising from the Funders' dissatisfaction with the rewards fulfilment
19.1. According to the Site brand and logo requirements, campaigners must include and/ Site logo branding on all project and/or campaign-related marketing collaterals, whether online or offline (e.g., online banners, offline flyers).
19.2. Not with standing anything else in this agreement, the reserve the right to reject, cancel, interrupt, withdraw, or suspend a campaign at any time and for any cause in its sole discretion. Any damages incurred because of any of those actions are not the responsibility of the Company / Owner. The grounds for such action may or may not be shared by the company/owner.
20.1. The Company has the authority to:
20.1.1 Make modifications to its technological platform or services at any time, without warning or responsibility, at its sole discretion.
20.1.2 Determine who is eligible to use the services offered.
20.1.3 Close accounts or refuse to provide services.
20.1.4 Amend our eligibility criteria at any time.
20.1.5 Cancel any funding to any project at any time and for any reason; and
20.1.6 Reject, cancel, interrupt, withdraw, or suspend any project at any time and for any reason.
20.2. The Company will not be able to claim ownership of your User Submissions or Content. The Company, on the other hand, will be granted the right to perform and advertise the Site on your behalf, as well as on behalf of its other Users and for its benefit. You grant the Company the worldwide, non-exclusive, permanent, irrevocable, royalty-free, sub-licensable, and transferable right to (and to authorize others to act on its behalf to):
20.2.1 use, edit, modify, create derivative works from, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and other similar proprietary rights (collectively, the 'Trademarks') in connection with
● The Site,
● The Company's (and its successors' and assigns') businesses,
● 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);
● Take any other action necessary to perform and market the Service;
● Allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the Site, the Company's and its successors'
20.2.2 use and publish, and allow others to use and publish, your and your group's User Submissions, Trademarks, names, likenesses, and personal and biographical materials in connection with the Service's provision or marketing. Your other ownership or licensing rights in your User Submissions, including the right to grant additional licenses, are unaffected by the preceding license grant to the Company.
20.3. The Campaigner accepts and allows the Company permission to utilize all visual and text-based content (digital or non-digital) submitted by the Campaigner for his campaign(s) for the platforms branding and marketing purposes. Regardless of the terms of this Agreement, the Campaigner agrees to grant the Company an exclusive, perpetual, irrevocable right and license to monetize the Campaigner's project pitch video(s) through any means or medium deemed appropriate by the Company, including various digital platforms such as Vimeo, YouTube, and others, on a worldwide basis.
20.4. Concerning due diligence by an intermediary, the Company fully adheres to the requirements of an intermediary under Rule 3 Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
20.4.1. The User agrees not to host, display, upload, change, publish, transmit, save, update, or share any information that:
20.4.1.1. is owned by someone else and to which the user has no rights.
20.4.1.2. is defamatory, obscene, pornographic, paedophilic, invading another's privacy, including bodily privacy, insulting, or harassing based on gender, libellous, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the law.
20.4.1.3. is dangerous to children.
20.4.1.4. Infringes on any patent, trademark, copyright, or another form of intellectual property.
20.4.1.5. infringes on any currently in effect law.
20.4.1.6. Deceives or misleads the addressee as to the message's origin or knows and wilfully sends any material that is false or misleading but may be fairly interpreted as a fact.
20.4.1.7. Impersonates someone else.
20.4.1.8. Endangers India's unity, integrity, defence, security, or sovereignty, friendly relations with foreign states, or public order, or incites the commission of any cognizable crime, hampers the investigation of any crime, or insults another nation.
20.4.1.9. Includes a computer virus or any other computer code, file, or program that is intended to disrupt, destroy, or limit the functionality of any computer resource.
20.4.1.10. is manifestly false and untrue and is written or disseminated in any manner with the intent to deceive, harass, or harm a person, entity, or agency for financial benefit.
20.4.2. In the event of non-compliance with the Company's rules and regulations, privacy policy, or these terms of use for access or usage of the Platform, the Company reserves the right to immediately terminate the Users' access or usage rights to the Platform, or to remove non-compliant information, or both.
20.4.3. Company shall not host, store, or publish any unlawful information, which is prohibited under any law for the time being in force about the sovereignty and integrity of India; security of the telecommunications network; or security of the information technology network unless it receives actual knowledge in the form of an order by a court of competent jurisdiction or is notified by the Appropriate Government or its agency under clause (b) of sub-section (3) of section 79 of the Information Technology Act. If such information is hosted, stored, or published, the Company will promptly remove or disable access to that information.
21.1. The Site may allow Campaigners and Users to link to other websites or online resources, and other websites or resources may link to the Site. You do so at your own risk while visiting third-party websites. You recognize honour organizations authorized program utilizing organizers, not responsible for the content, functionalities, accuracy, legality, appropriateness, or any other aspect of those other websites or resources
21.2. Because they are not under the Company's control. The presence of a link to the Site on another website does not imply that the Company endorses or is affiliated with it.
22. Registration
22.1. Funders can only sponsor a project by registering on the Site and logging in using the Site's processes. They agree to grant the Site access to their Facebook account's profile images and email address by using the Facebook login. They also give the Site permission to create an account for them and use their Facebook profile photo as the account's profile picture. Without their permission, the Site does not publish any content on its Facebook pages. The Site also has access to the User's friend list, but only once the User has been permitted to do so.
22.2. Only if funders join up / register on the Site may they use the Site, its features, or the Services it offers. Without signing up, funders can access the Site; however, access to some portions of the Site and Services may be limited.
22.3. Only funders who are legally able to engage in contracts under Indian law should use the Site. Individuals who are 18 years of age or older are permitted to use the Site and Services. Funders under the age of 18 may only use the Site with the permission of a parent or legal guardian who agrees to be bound by these Terms.
22.4. If you are a Funder accessing the Site or using the Services on behalf of a company or other legal entity, you must have legal authorization to represent and bind that company or entity to the Terms. In this case, the terms "You," "Your," "Member," and "User" relate to the corporate or other legal entity that you represent. You will be individually accountable for any responsibilities contained in these Terms, including payment obligations if you do not have the legal capacity to bind the corporate or legal organization represented by you.
22.5. Funders accept that third parties may have access to the certain basic information you supply on the Site and that it may appear in search engines. Funders expressly consent to such search engines sourcing your information and showing it on the search engine's Site by using the Site. How such information is presented or made available is not under the control of the Site.
22.6. Funders shall not use as a User ID any name or word 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.
22.7. The Company maintains the right to refuse or revoke registration at any time and for any cause in its sole discretion.
22.8. You are responsible for keeping your username and password secure, as well as all activities that occur under your username and password. The Owner or the Site will not be held liable if your password is lost. While the automated engines on the Site may help you remember or retrieve your password, password retrieval is not guaranteed.
22.9. If any Funder provides any information that is untrue, inaccurate, not current, or incomplete, or if the Company has reasonable grounds to believe that such information is untrue, inaccurate, not current, or incomplete, or not following the Terms, the Owner has the right to suspend or terminate your account with the Owner and refuse to provide you with access to the Site or other Company Services indefinitely.
22.10 Funders may terminate your account at any moment, after which your profile information will be automatically erased from our database after 60 (sixty) months. Due to numerous regulations in India and worldwide, some information may never be removed. You also understand and agree that, even if you delete your account or part of the information in it, it may still surface in some online searches. The Company does not influence the search results that appear on third-party engines or websites.
22.11 you should only create one personal profile at a time. If you create multiple logins, the Company maintains the right, in its sole discretion, to delete or disable any or all of them.
22.12 you have established a personal account that is neither transferrable nor assignable.
22.13. Fees and taxes
22.14. Funders express their consent and permit the Site to deduct the necessary commissions from the donated money before transferring it to the final recipient (Campaigner or Beneficiary) or refunding it.
23. Payment details
23.1. By contributing to a campaign, the Funders agree to share their name, email address, phone number, billing address, and shipping address. They also agree to supply the Site's authorized online payment gateway with all essential and appropriate credit and debit card information to make an online contribution.
23.2. When making a gift to a campaign, funders commit to having sufficient finances or credit. Funders should be aware that their credit and debit card information is not shared with, or the Site by the online payment gateway and remains private. We will not be liable for any loss or damage resulting directly or indirectly from the denial of permission for any Transaction due to the Cardholder exceeding the present limit mutually agreed upon by us and our acquiring bank from time to time.
23.3. If a stolen debit or credit card is used to make a payment.
24. Other Funder's information
24.1. Funders authorize the Site to share their name and contact information to Campaigners to deliver prizes and communicate with them about questions or updates about the supported project. They also give the Site permission to use their name and image (if they're logged in through Facebook) in the 'Funders' part of the campaign they're funding.
24.2. Funders, on the other hand, can choose to remain 'anonymous' if they don't want to be identified. The Site does not make any of the Funders' funding amounts public.
24.3. Funders also agree to receive regular updates about future crowdfunding projects on the Site via fortnightly newsletters by supplying their contact information to the Site. They have the option to opt-out of receiving the Site's newsletter and other alerts at any time.
25.1. The Site are not responsible for project performance or punctuality, and they do not guarantee project completion. The Campaigner is solely responsible for the project's completion.
25.2. Funders agree not to hold the Site, liable for any unhappiness with the project they funded and must deal solely with the Campaigner. By contributing to a campaign on the Site, funders are assuming that they are aware that projects may be delayed or fail to complete.
25.3. Neither the Company nor the Site endorses any User Submissions. Users (both campaign owners and funders) and the Site, as well as their officers, employees, agents, and successors in rights, from any claims, damages, and demands, known or unknown, suspected, or unsuspected, disclosed, or undisclosed, arising out of or in any way related to such disputes and the Service.
26.1. Contributions to the Site's favourite campaign will be treated purely as voluntary contributions for which Funders will get the incentive/reward specified in the amount slab selected by the Funders.
26.2. The Campaigner's projected reward delivery date is not a guarantee that the prize will be delivered by that date, but rather an estimate of when the Campaigner hopes to deliver the reward.
26.3. The Campaigner is solely responsible for delivering and fulfilling the promised benefits to the Funders. The Company and the Site are not liable for any liability arising from Funders' unhappiness with issues relating to incentives/rewards to be offered and fulfilled by campaign owners.
27.1. Any donations made to the technological platform through any method will not be returned unless the Site's refund policy is followed. All payments and donations are final and non-refundable. Only in the following extraordinary conditions may a refund be provided.
27.2. If a campaign has been recognized as fraudulent or in violation of our terms of service, and no funds have been delivered to the beneficiary or hospital.
27.3. A payment or gift was recognized as having been made with a stolen or unauthorized debit or credit card not belonging to the donor, and he/she wishes to be reimbursed.
In 5 to 10 working days, all refunds are credited to the original payment method.
28. Funders agree not to claim ownership of the project they support through the Site's campaign. The Campaigner retains ownership of the project's rights.
29. The Site are not obligated to intervene in disputes between Users, or between Users and any third party, arising out of the use of the Site. This includes, but is not limited to, products and service delivery, as well as any other terms, conditions, guarantees, or representations related to Site campaigns. You hereby release the Site, as well as their officers, employees, agents, and successors in rights, from any, claims, damages, and demands of any kind, known or unknown, suspected, or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the service.
30. By using the Site, you agree to receive all communications from the Company electronically, including notifications, agreements, legally required disclosures, and other information related to the Site (collectively, "Contract Notices"). Electronic Contract Notices may be provided by the Company by publishing them on the Site. You must stop using the Site if you want to withdraw your consent to receive Contract Notices electronically.
31.1. If a dispute, controversy, or claim arises out of or in connection with these Terms of Use, the disputing parties must use all reasonable efforts to negotiate to resolve the Dispute amicably. If a party notifies the other party that a Dispute has arisen (a Dispute Notice), and the parties are unable to resolve the Dispute amicably within 30 (thirty) days of service of the Dispute Notice (or such longer period as the parties may mutually agree), the Dispute will be referred to arbitration under the terms set forth below. All Disputes or Differences Regarding This Agreement, Subject to the Foregoing Clause, shall be subject to final and binding arbitration.
31.2. All proceedings in such arbitration must be conducted in English. The arbitration will take place in Mumbai, and the Mumbai courts will have exclusive jurisdiction over the arbitration proceedings.
31.3. The laws of India shall regulate the conduct of arbitration and the arbitration procedures.
31.4. The arbitration shall be held before a single arbitrator selected.
31.5. Arbitration awards must be reasoned and final, and they must be binding on the disputing parties.
31.6. The existence or continuation of a dispute between the parties, or the initiation or continuation of arbitration proceedings, shall not prevent or postpone the parties' performance of those obligations under the Agreement that are not in dispute, and the arbitrators shall give due consideration to such performance, if any, in making a final award.
31.7. Nothing in this section limits a party's ability to seek interim or permanent equitable or injunctive relief or both. The pursuit of equitable or injunctive relief does not preclude the parties from seeking any other remedy or redress through arbitration.
32. These Terms of Use are governed by and built by the laws of India, without regard to conflict of laws principles, and any disputes arising out of or in connection with them are subject to the exclusive jurisdiction of the courts of Mumbai.
33. These Terms of Use, the Privacy Policy, the Online Campaigner Agreement, and other material referred to herein or on the Site constitute the entire agreement between you and PainCareTrust concerning the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic, and govern the future relationship. If any term of the Terms of Use is found to be unenforceable or invalid, that provision will be modified or removed to the bare minimum necessary to keep the Terms of Use in full force and effect and enforceable. The failure of either party to exercise any right provided for herein in any way shall be construed as a waiver of that party's right. The failure of any party to exercise any right granted herein in any way shall not be constructed as a waiver of any other rights granted hereunder.
34. Following the Information Technology Act of 2000 and the rules promulgated thereunder, the following is the name and contact information for the Grievance Officer, who can be contacted with any complaints or concerns, including those relating to IG's Terms, Privacy Policy, or other policies or Email: info@paincaretrust.com
35. On July 28, 2021, the Terms of Service were modified and went into effect immediately.
No foreign donations
We do not accept foreign remittance as we are not registered under the FCRA Act. Only Indian citizens with Indian bank accounts can donate currently.