Terms of use

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of https://www.ekaimpact.org.

Ekaimpact Social Foundation is a Section 8 company incorporated under the Companies Act 2013, having its registered office at M303, Purva Fairmont, 24th Main 25th Cross, Sector 2 HSR Layout, Bangalore South, Bangalore, Karnataka, India 560102 (hereinafter referred to as Ekaimpact, We, Us, or Our which expression shall mean and include its affiliates, successors and permitted assigns).

The domain name ‘Ekaimpact’ (hereinafter referred to as the Platform) is owned by Ekaimpact Social Foundation. Your (You or Your) use of the Platform is governed by the following terms and conditions (Terms of Use) including the applicable policies which are incorporated herein by way of reference. Your use of Our Platform is indicative of Your acceptance of these Terms of Use and the Terms of Use will become effective as soon as You use this Platform. These Terms of Use shall be enforceable, in the same manner as any other written agreement.

WHAT WE DO
1. Ekaimpact is an online Platform which helps persons desirous of implementing social responsibility programmes (Donors) connect to not for profit organisations implementing such programmes (Social Purpose Organisation or SPOs). The Platform serves as a repository of SPOs from diverse sectors with each SPO’s profile of their vision, mission, projects, achievements, case studies, etc. Donors who intend to donate to a cause, have the opportunity to access information about the SPOs and reach out to SPOs of their choice.
REGISTRATION
1. You can access the Platform without registering for an account. However, to use several features of the Platform, You will need to register and create a profile with accurate and complete information. Your profile must be Your own or of a person or entity You are entitled to represent.
2. You may be required to accept special terms and conditions, execute additional documentation or pay additional fees to access certain features of the Platform. In such an event, You agree that You shall access or use such feature only in accordance with such additional or special terms and conditions as if they were incorporated in these Terms of Use.
3. We may, in connection with making available certain features of the Platform to You, require certain information or documents to verify details provided by You including but not limited to Your identity, constitutional information, licences, registrations or authorizations. In case You do not provide such information, You may be unable to access certain features of the Platform.
4. Once You register by providing Your profile details, We may contact You before approving Your account on the Platform. You shall be eligible to use the features of the Platform only after Your registration has been approved by Us. Depending on the information You provide the Platform will display Your details to the users.
5. Sharing of user identification name and password of the account is prohibited. All actions performed by any person using Your account and password shall be deemed to have been committed by You and You shall be liable for the same. We reserve the right to suspend/terminate Your account at any time if it is found that You have been sharing the password with any unauthorized user. We may also place additional fair use restrictions including restrictions on concurrent connections and time of usage.
6. In order to reduce the risk of unauthorized access, all accounts maintained with Us through the Platform are locked after 5 (five) consecutive incorrect login attempts. In the event of such lockout, You can email Us at the relevant mail ID provided in the Appendix A or you may also request for a password reset through the ‘forgot password’ option on Our Platform. You agree to immediately report to Us all incidents involving suspected or actual unauthorized access of the account.
SPOs
1. You understand and agree that We are merely enabling the identification of and introduction of SPOs to Donors through Our Platform and the use of this Platform, does not, in any manner, assure or guarantee any contributions from any Donor.
2. You agree to provide complete, true and accurate information relating to Your organisation, registrations, licences, details of the cause You are representing, the need and use of the funds etc. in such form and manner as may be required by Us.
3. You represent and warrant that You are validly constituted and existing under the relevant laws of the Republic of India and has made all the filings and obtained all the relevant registrations to carry out Your operations including but not limited to registrations under Section 80G and/or 12A of Income Tax, 1961 or duly filed Form CSR-1 as required under the Companies (Corporate Social Responsibility Policy) Rules, 2014 where applicable. You also represent and warrant that You are, and shall continue to be in compliance with all the applicable laws, including but not limited to Income Tax Act, 1961, Foreign Contribution Regulation Act, 2010, Companies Act, 2013 and Prevention of Money Laundering Act, 2002.
4. You represent, warrant, and agree that no data shared by You violates or infringes upon any rights including copyright, trademark, privacy, publicity, or other personal or proprietary rights of any third party including a minor, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or is otherwise unlawful material.
5. You represent, warrant, and agree that no data shared by You is harmful, harassing, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or is unlawful in any manner whatsoever.
6. You authorize Us to disclose all the details provided by You either through the Platform or in any other manner as required by Us, to the Donors. You also authorise Us to disclose certain basic information about You including but not limited to the details of Your organisation, the cause you are working towards to all the users of this Platform.
7. You hereby authorize Us to use and publish data provided by You and details relating to the contributions received by You for marketing, promotional and advertising purposes, both online and offline including but not limited to, in our marketing materials, social media posts, website content, press releases, and other promotional efforts.
DONORS
1. You understand and agree that We are merely enabling identification of and introduction to SPOs through Our Platform. We are not responsible in any way for the contributions or the end utilization of the contributions made by any Donor.
2. In the event You choose to contribute to an SPO, the terms and conditions of such relationship shall be agreed between the parties to such relationship and We shall not be responsible for the same, in any manner.
3. Any transaction that You may conclude with any SPO shall be in strict compliance of all applicable laws including but not limited to the Companies Act, 2013 read with the Companies (Corporate Social Responsibility Policy) Rules, 2014, Income Tax Act, 1961 and Prevention of Money Laundering Act, 2002.
4. You hereby authorize Us to share the data provided to Us by You with the SPOs in which You demonstrate interest in contributing.
5. You hereby authorize Us to use and publish the data provided by You and details relating to the contributions made by You for marketing, promotional, and advertising purposes, both online and offline including but not limited to, in our marketing materials, social media posts, website content, press releases, and other promotional efforts.
CONTENT AND DATA
1. The Platform allows You to submit, store, and access data such as images, videos, texts, contact information, interests, etc submitted by users directly through the Platform or obtained by Us from users through any other manner including but not limited to offline or online forms and mails (collectively, User Data). By submitting the User Data, You hereby represent and warrant that You have all lawful rights necessary to provide the User Data.
2. All User Data shall be the sole responsibility of the provider of such content. We do not make any representations or warranties about the User Data shared by the users. You agree and understand that We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any content or communications made available in the Platform. We shall not be liable, in any manner whatsoever, for any content, including User Data and/or content in any form whatsoever, whether or not created by You, including for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, linked from, or otherwise accessible through or made available via Platform.
3. You represent, warrant, and agree that no User Data shared by You violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.
4. You represent, warrant, and agree that no User Data shared by You is harmful, harassing, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or is unlawful in any manner whatsoever.
5. All the information available in the Platform is for informational purposes only. You may not reproduce, distribute, modify, or create derivative works from the content available on the Platform without prior written permission from Us.
6. You grant Us a personal, limited, revocable, non-transferable and non-exclusive right to promote or distribute the User Data submitted by You to the users of the Platform.
7. We reserve the right to delete any User Data or terminate a user account in the event of any non-compliance with these Terms of Use.
PAYMENT
1. Certain features available on the Platform are accessible only upon registering an account and payment of the fees in accordance with the plans specified in the Platform. We reserve the right to introduce or remove or modify plans and pricing from time to time. In the event You fail to pay or continue paying the fees in accordance with the chosen plan, You shall lose the access to Your account until such time that You pay the fee. Any payment made to Us in relation to registering an account or subscription to a plan shall be non-refundable.
2. We use a third-party payment gateway for processing payments due to Us. The processing of payments will be subject to the terms, conditions and privacy policies of the payment gateway, in addition to these Terms of Use. We don’t control and are not liable for the security or performance of the payment gateway. You agree to pay Us, through the payment gateway, all charges at the rates then in effect for any booking in accordance with plan chosen by You in the Platform. We reserve the right to correct, or to instruct Our payment gateway to correct, any errors or mistakes, even if the payment has already been requested or received.
3. We do not store any payment details including but not limited to net banking, credit card or debit card details.
REPRESENTATIONS AND WARRANTIES OF USER - You hereby represent and warrant that:
1. You have the right, authority, and capacity to enter into this Terms of Use on Your own behalf or on behalf on any entity or person for whom You are acting and to abide by all of the terms and conditions contained herein;
2. You are at least 18 (eighteen) years old and competent to execute and perform into any agreement you enter into through Our Platform;
3. You are solely responsible for maintaining the confidentiality of Your password; and
4. All the representations made to Us by You are true, correct and complete and that You will update your registration information with Us as needed so that it remains true, correct and complete at all times.
EMAILS, NEWSLETTERS AND NOTIFICATIONS
1. We will use Your name and latest e-mail address provided by You to deliver Our newsletter(s) or notifications or e-mails from Us. However, You may choose to stop receiving Our newsletters or notifications by following the instructions to unsubscribe as included in these e-mails or You can write to Us at the relevant mail ID provided in the Appendix A.
TERMINATION
1. In the event it is determined by Us that You have violated any of these Terms of Use, We shall have the right, at Our sole discretion, to suspend or terminate Your account or prohibit access to any or all features/parts of the Platform forthwith. Any such suspension or termination of access to Platform may be affected by Us without providing You with a prior written notice in this regard.
2. If You wish to terminate Your account, You may do so by writing to Us at the relevant mail ID provided in the Appendix A or by such other manner as may be provided in the Platform.
3. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, warranties indemnity, and limitations of liability.
PRIVACY - Your use of the Platform is governed by Our privacy policy, which can be located at https://www.ekaimpact.org/privacy
DISCLAIMER OF WARRANTIES
1. While We endeavour to curate and list SPOs on the Platform, We do not conduct any detailed diligence and in-depth checks regarding the SPOs. We do not in any manner provide any guarantee or warrant on their credibility, track record, and commitment to their causes/programmes. It is advisable that the Donor conduct independent investigations on the SPOs before making or committing to make any contributions.
2. We do not assure or guarantee any contributions from any Donor by virtue of use of this Platform. We are not responsible in any way for the contributions or the end utilization of the contributions made by any Donor.
3. The Platform, all the materials and services, included on or otherwise made available to You through this Platform is provided by Us on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing.
4. We do not warrant that the Platform will be constantly available, or available at all. We use internally developed systems for providing You access to and facilitating Your use of the Platform. These systems may encounter technical or other limitations, and computer and communications hardware systems might experience interruptions. Further, We continually enhance and improve these systems in order to accommodate the level of use of the Platform. We may also add additional features and functionality to the Platform that might result in the need to develop or license additional technologies. Increased utilization of the Platform or providing new features or functionality may cause unanticipated system disruptions, slower response times, degradation in levels of customer service, and delays in reporting accurate financial information. You agree that We shall not be liable to You or to any third party claiming through You, for any such failures contemplated herein.
5. We will not be liable for any loss or damage caused by a denial-of-service attack or viruses that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Platform or due to Your downloading of any material posted on it, or on any Platform linked to it.
6. To the maximum extent permitted by law, We disclaim all warranties of any kind whatsoever, whether express, implied, oral or written, including without limitation, accuracy of content, non-infringement, non-interference, uninterrupted, timely or error-free use availability of the Platform.
THIRD PARTY WEBSITES AND LINKS
1. The Platform may contain links to various other websites. These links are provided solely for Your convenience and do not imply an endorsement or any representation or warranty by Us to content, goods or services that may be offered by these third-party websites. Wherever such link leads to websites which are not owned by or belong to Ekaimpact, We shall not be responsible for the content, products and services provided on such linked sites. When You click on any of these third-party links, You are leaving the Platform and will be subject to the terms of use and privacy and security policies of the third-party website.
2. Similarly, this Platform can be made accessible through a link created by other websites. Access to this Platform through such links shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other websites or their aim or purpose in establishing such links to this Platform are necessarily the same or similar to the idea, concept, aim or purpose of Our Platform or that such links have been authorized by Us.
3. You may also be able to connect Your account on the Platform to other platforms such as LinkedIn, Facebook or any other third-party websites. This feature requires You to accept and comply with the terms of service and privacy policy of such third-party website. By connecting Your account to any third-party website, You acknowledge and agree that You are consenting to the continuous release of information about You to these third-party websites (in accordance with Your privacy settings on such third-party website and these Terms of Use). If You do not want information about You to be shared in this manner, You may refrain from using this feature. We disclaim all warranties in relation to and all liabilities arising from any use of Your personal information by such third-party websites.
PROHIBITED USE
1. The Platform may be used only for lawful purposes. We specifically prohibit any use of the Platform for and You agree not to use the Platform for any of the following purposes:
  1. Modifying, publishing, storing, transmitting, distributing, displaying, performing, participating in the transfer or sale of, create derivative works on, or in any way exploiting, any of the copyrighted material contained on the Platform, in whole or in part, without Our prior written consent.
  2. Subleasing, leasing, selling, assigning, transferring, distributing, renting, permitting concurrent use of, or granting other rights in the content and any material and documentation provided on the Platform to any third party.
  3. Providing use of the content in a computer service business, network, time sharing, interactive cable television, multiple CPU or multiple or concurrent user arrangement to users who are not individually licensed by Us or otherwise exploiting any portion of, the use of or access to the content or the materials or documentation provided on the Platform in contravention of these Terms of Use.
  4. Defame, libel, disparage, threaten, harass or intimidate anyone or otherwise violate the personal, privacy, contractual, intellectual property or other rights of any person, including by the use of offensive comments related to race, national origin, gender, sexual preference or physical handicap or to submit any content or material to Us or falsely express or imply that such content or material is sponsored or endorsed by Us.
  5. Sell access to the Platform or any part thereof other than through a mechanism expressly approved by Us.
  6. Access data not intended for You or logging into an account which You are not authorized to access.
  7. Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  8. To interfere with service to any user, host, or network.
  9. Knowingly introducing viruses, trojans, worms, logic bombs or other materials that are malicious or technologically harmful (together Viruses). You must not attempt to gain unauthorized access to Our Platform, the server on which the Platform is stored or any server, computer or database connected to this Platform. You must not attack this Platform via a denial-of-service attack. Further, You shall not interfere with or circumvent any security feature of the Platform or any feature that restricts or enforces limitations on use of or access to the Platform, such as probing or scanning the vulnerability of any system, network or breach.
  10. Interfere with or disrupt (or attempt to interfere with or disrupt) access and enjoyment of the Platform of other users or any host or network, including, without limitation, creating or transmitting unwanted electronic communications such as spam to other users, overloading, flooding or mail-bombing the Platform, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Platform.
  11. Reverse engineering, decompiling, reverse assembling, modifying or attempting to discover or copy any software, source code or structure that the Platform utilize to generate web pages or any software or other products or processes accessible through the Platform.
2. You may be liable to be prosecuted under the Information Technology Act, 2000 and any other applicable law for breaching the provisions of this Paragraph. We will report any such breach to the relevant law enforcement authorities and We will co-operate with such authorities by disclosing Your identity to them. In the event of such a breach, Your rights to use this Platform will cease immediately.
MODIFICATIONS
1. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates. We will notify You of any material updates from time to time. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions.
INTELLECTUAL PROPERTY RIGHTS
1. The platform is owned by Ekaimpact. Ekaimpact hereby grants a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to You to access and use the Platform in accordance with these Terms of Use. Except as explicitly provided herein You do not obtain any rights to software included in the Platform including intellectual property rights thereto under these Terms of Use. All contents that are available on the Platform including text, audio, video and software, other than the User Data, is Our property.
2. We shall have no obligation to monitor or enforce any intellectual property rights that may be associated with the content provided by You on the Platform.
3. If You are a copyright owner or an agent thereof and believe that any content on the Platform infringes upon Your rights, You may contact Us at the email address provided in Appendix A and provide details requested in regards to such infringement.
INDEMNITY
1. You agree to indemnify and hold Ekaimpact harmless from any actions, claims, demands, suits, damages, losses, penalties, interest and other charges and expenses (including GST, legal fees and other dispute resolution costs) made by any third party due to or arising out of: (i) Your use of the Platform in violation of the terms of these Terms of Use; or (ii) any acts or omissions including for any non-compliance or violation of any applicable law, rules, regulations on Your part; or (iii) any fraud committed by You; or (iv) infringement of any intellectual property; or (v) or as a result of any threatening, libellous, obscene, harassing or offensive material posted / transmitted by You on the Platform. Your obligations under this paragraph shall survive the termination of the Terms of Use.
LIMITATION OF LIABILITY
1. We are under no obligation whatsoever to become involved in disputes between any users, or between Donors or SPOs or between the users and any third party arising in connection with the use of the Platform. You release the Platform and Ekaimpact, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising directly or indirectly out of or in any way related to such disputes.
2. Notwithstanding anything contained in this Terms of Use, the aggregate liability of Ekaimpact shall not exceed the total amount paid by You to Ekaimpact in the last 3 (three) months preceding the date of claim
FOREIGN JURISDICTIONS
1. We make no representation that the content contained on the Platform is appropriate to be used or accessed outside of India. You are expressly notified that, many states and foreign countries all have their own regulations that must be observed in relation to Your use or access of the Platform. You must make your own assessment regarding, and are responsible for compliance with, regulatory requirements as may be applicable to Your use and access of the Platform in such jurisdictions.
GOVERNING LAW AND DISPUTE RESOLUTION
1. These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of India and subject to the provisions of arbitration set out herein, the courts at Bangalore, India shall have exclusive jurisdiction in relation to any Disputes arising out of or in connection with these Terms of Use. Any action, dispute or difference arising under or relating to this Terms of Use (Dispute) shall at the first instance be resolved through good faith negotiations between the parties hereto. If the parties are unable to resolve the Dispute in question within 30 (thirty) days of the commencement of negotiations, such Dispute shall be referred to and finally resolved by arbitration by a sole arbitrator mutually appointed by the parties in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Bangalore, India and arbitration shall be conducted in English
SEVERABILITY
1. If any term, provision, covenant or restriction of these Terms of Use is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of these Terms of Use shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
NO WAIVER
1. The rights and remedies available under this Terms of Use may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
GENERAL
1. These Terms of Use including the applicable policies which are incorporated herein by way of reference comprise the full and complete agreement between You and Ekaimpact with respect to the use of the Platform and supersedes and cancels all prior communications, understandings and agreements between You and Ekaimpact, whether written or oral, expressed or implied with respect thereto.
2. Ekaimpact shall be entitled to assign their rights and obligations hereunder to any affiliate, third party or as part of any restructuring, business combination, merger or acquisition.
3. Any notice to be given in connection with these Terms of Use shall be delivered via email to Us at the relevant mail ID provided in the Appendix A and to You at the email address provided by You in Your profile. You consent to the use of electronic communications for the delivery of notices in relation to any matter under these Terms of Use.
4. We strive to redress Your concerns expeditiously. You may report the concern to the grievance officer via mail or letter. The details of the grievance officer is provided in the Appendix A. The grievance officer shall attempt to redress the grievances within 1 (one) month from date of receipt of such grievance.

Appendix A – Contact Details

In the event You are locked out of Your account after multiple incorrect attempts to log in, You may write to Us at support@ekaimpact.org
To unsubscribe from notifications or newsletters, You may write to Us at support@ekaimpact.org
To terminate Your account with Us, You may write to Us at support@ekaimpact.org
If You notice any copyright infringement, You may write to Us at legal@ekaimpact.org
You may deliver any notice relating to this Platform or this Terms of Use at legal@ekaimpact.org
The details of the grievance officer is as follows
- Name: Sanjay Kumar Jha
- Email ID: contact@ekaimpact.org
- Address: Grievance Officer, Ekaimpact Social Foundation, M303, Purva Fairmont, 24th Main 25th Cross, Sector 2, HSR Layout, Bangalore South, Bangalore Karnataka, India 560102