INTRODUCTION

Welcome to Helptoaid’s “Privacy Notice”.

Helptoaid respects your privacy and is committed to protecting your personal data. This Privacy Notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This Privacy Notice applies to all/any user accessing or availing the services on the Platform. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

1. WHO WE ARE
2. THE PURPOSE OF THIS PRIVACY NOTICE

This Privacy Notice aims to give you information on how Helptoaid collects and processes your personal data through your use of the Helptoaid website and connected services (the website and connected services are collectively referred to as “Platform” in this Privacy Notice).

The Platform is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this Privacy Notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Notice supplements the other notices and is not intended to override them.

1. CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

1. THIRD-PARTY LINKS

The Platform may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Platform, we encourage you to read the privacy notice of every website you visit.

2. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Dataincludes first name, maiden name, last name, username or similar identifier, date of birth, the language you use, and gender.
• Contact Dataincludes your email address.
• Financial Dataincludes your payment card details.
• Transaction Dataincludes details about payments to and from you and other details of services you may have purchased from us.
• Technical Dataincludes your geo location, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Platform.
• Profile Dataincludes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Dataincludes information about how you use the Platform.
• Marketing and Communications Dataincludes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data), nor do we collect any information about criminal convictions and offences.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to offer the services that we aim to. In this case, we may have to cancel the service you have with us but we will notify you if this is the case at the time.

3. HOW IS YOUR PERSONAL DATA COLLECTED

We use different methods to collect data from and about you including through:

 .DIRECT INTERACTIONS

You may give us your identity and contact information by using our Platform. This includes personal data you provide when you:

• create an account on the Platform;
• subscribe to our publications, newsletters;
• request marketing material to be sent to you;
• enter a competition, promotion or survey; or
• give us some feedback.

1. AUTOMATED TECHNOLOGIES OR INTERACTIONS

As you interact with our Platform, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. The session timeout duration on Helptoaid is 14 days.

1. THIRD PARTIES OR PUBLICLY AVAILABLE SOURCES

We may receive personal data about you from various third parties and public sources as set out below:

• Technical Data from the following parties:

1. analytics providers such as Google;
2. advertising networks such as Facebook, Taboola, Outbrain, CTN, Google, Adgebra and

                                                    iii.        search information providers such as Google, Yahoo and Bing.

• Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Stripe, Razorpay, PayU, Citrus, Billdesk.
• Identity and Contact Data from publicly availably sources such as Facebook and Google.

4. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the services we offer.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are wherever appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

USE OF THIRD-PARTY ANALYTICS

We may use third-party web analytics services on our Services, such as those of Google Analytics. These service providers use the sort of technology previously described in the “Cookies and other electronic technologies” section to help us analyze how users use the Services, including by noting the third-party website from which you arrive, and provide certain features to you. The information (including your IP address) collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services. This information may be used to place interest-based advertisements on the Platform. This may result in you seeing Helptoaid’s advertisement when you visit other websites.

COOKIES AND OTHER ELECTRONIC TECHNOLOGIES

When you interact with the Services, we try to make that experience simple and meaningful. When you visit our Platform, our web server sends a cookie to your computer or mobile device. Cookies are small pieces of information that are issued to your computer or mobile device when you visit a website or access or use a mobile application, and that stores and sometimes tracks information about your use of the platform. A number of cookies we use last only for the duration of your web or application session and expire when you close your browser or exit the application. Other cookies are used to remember you when you return to the Platform and will last longer.

Some of the cookies used by the Platform are set by us, and some are set by third parties who are delivering services on our behalf.

We may use cookies, and similar technologies to cookies, to collect information about your access and use of the Platform. For example, we may use cookies or other technologies that: (1) allow you to navigate and use all the features provided by our Platform; (2) customize elements of the layout and/or content within the Platform and remember that you have visited us before; (3) identify the number of unique visitors we receive; (4) allow us to provide you with a customized experience; and (5) inform us how you use the Platform (including how long you spend on the Platform) and where you have come to the Platform from, so that we can improve the Platform and learn which functions of the Platform are most popular with users. As we adopt additional technologies, we may also gather additional information through other methods.

If you are accessing our Services through a mobile device, you can also update your privacy settings on your device by setting the “Limit Ad Tracking” and Diagnostics and Usage setting property located in the settings screen of your Apple iPhone or iPad, or by resetting your Android ID through apps that are available in the Play Store. You can also limit information collection by uninstalling the App on your device and you can use the standard uninstall process available as part of your device for this purpose.

ADVERTISING POLICIES

We may use third-party advertising technologies that allow for the delivery of relevant content and advertising on our Platform, as well as on other websites you visit. The ads may be based on various factors such as the content of the page you are visiting, information you enter such as your age and gender, your searches, demographic data, user-generated content, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests.

Also, third parties whose products or services are accessible or advertised on our Platform may place cookies or other tracking technologies on your computer, mobile phone, or other device to collect information about your use of the website as discussed above. We also allow other third parties (e.g., ad networks and ad servers such as Google Analytics, AdWords and others) to serve tailored ads to you on our website, other sites, and in other applications, and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the website. We may provide our customer information (such as a hashed version of your email addresses) to service providers, who may “match” this information in de-identified form to cookies (or mobile ad identifiers) and other proprietary IDs, in order to target or “retarget” you with ads when you visit other websites and mobile applications. (You may opt out of these many of these service providers as described in the next paragraph.)

We neither have access to, nor does this Privacy Policy govern the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device you use to access our website by non-affiliated, third-party ad technology, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer you a way to opt out of ad targeting as described below.

If you receive tailored advertising on your computer through a web browser, you can learn more about such tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, by visiting the European Interactive Digital Advertising Alliance Consumer  for EU based advertising or for US based advertising either: (i) the Network Advertising Initiative’s Consumer or (ii) the Digital Advertising Alliance’s Consumer to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for display advertising or customize Google display network ads

Please note that to the extent advertising technology is integrated into our website or other websites that you visit, you may still receive advertisements even if you opt-out. In that case, the advertising will not be tailored to your interests. Also, we do not control any of the above opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

USERS IN EUROPE

• Access. You have the right to request a copy of the information we are processing about you.
• Rectification. You have the right to have incomplete or inaccurate information that we process about you rectified.
• Deletion. You have the right to request that we delete information that we process about you, except we are not obliged to do so if we need to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.
• Restriction. You have the right to restrict our processing of your information where you believe such data to be inaccurate; our processing is unlawful; or that we no longer need to process such data for a particular purpose unless we are not able to delete the data due to a legal or other obligation or because you do not wish for us to delete it.
• Portability. You have the right to obtain information we hold about you in a structured, electronic format, and to transmit such data to another data controller, where this is (a) information that you have provided to us, and (b) if we are processing that data solely on the basis of your consent or to perform a contract with you.
• Objection. Where the legal basis for processing your information is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests, or if we need to continue to process the data for the establishment, exercise or defense of a legal claim.
• Withdrawing consent. If you have consented to our processing of your information, you have the right to withdraw your consent at any time, free of charge. This includes where you wish to opt out from marketing messages.

You can make a request to exercise any of these rights in relation to your information by sending the request to us at  mailing address set forth under “Contact Us” in the end of this page. For your own privacy and security, at our discretion, we may require you to provide your identity before providing the requested information. Please note that Helptoaid may take up to 30 days to fulfill such requests.

You also have the right to lodge a complaint with the local data protection authority if you believe that we have not complied with applicable data protection laws. A list of local data protection authorities in European countries is available

CHANGES TO HELPTOAID’S PRIVACY POLICY

The Services and our business may change from time to time. As a result, at times it may be necessary for Helptoaid to make changes to this Privacy Policy. Helptoaid reserves the right to update or modify this Privacy Policy at any time and from time to time. If you disagree with our revisions to the Privacy Policy, you may de-activate your account or discontinue the use of our Services. Please review this policy periodically, and especially before you provide us with any information through the Services. This Privacy Policy was last updated on the date indicated on top of this page. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

If you are in Europe, you will not be required to agree to changes to this Privacy Policy, unless we specifically seek your consent.

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

• Internal Third Parties as set out in the Glossary.
• External Third Parties as set out in the Glossary.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. INTERNATIONAL TRANSFERS

As your personal data is shared with us, it will involve transferring your data to Singapore.

Many of our external third parties are based in India and United States so their processing of your personal data may involve a transfer of data outside the country in which you are based.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the country in which you are based.

7. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulatory of a breach where we are legally required to do so.

8. DATA RETENTION

 .HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. YOUR LEGAL RIGHTS

NO FEE USUALLY REQUIRED

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10. GLOSSARY

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

Internal Third Parties: Other companies in the Helptoaid Group [acting as joint controllers or processors] and who are based in India and United States and provide IT and system administration services and undertake leadership reporting.

External Third Parties: Contact, Payments and Transaction data service providers.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedom. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedom.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Terms of use

helptoaid.org is a platform for giving and charitable donations. We do not provide any financial return in any form whatsoever, including but not limited to financial securities (debt or equity), interest, dividend, profit share, rewards in cash, to individuals who contribute on helptoaid.org.

Any contribution on helptoaid.org, by an individual, should not be construed as an investment in any form whatsoever.

Consolidated terms of use and terms and conditions

Please read these Terms of Use/Terms and Conditions carefully before using www.helptoaid.org (the ‘website or the ‘Site’), owned by parent company Helptoaid Social Ventures Pte. Limited and its affiliated companies or entities (combined called as the ‘company’). This agreement sets forth the legally binding terms and conditions for your use of the website. By using the service/services in any manner, including, but not limited to, visiting or browsing the site or contributing content, information, or other materials or services to the site, you agree to be bound by this agreement.

These terms and conditions apply in addition to any other terms and conditions that the Company or its affiliated organizations may ask you to sign at the time of making the contribution. The Company may ask you to sign specific terms and conditions at different point of activities on the website.

Summary of Service

Helptoaid is an online platform where certain users (‘Campaigners’) run campaigns to raise funds for their creative & innovative projects. They raise funds by asking for contributions from other users (‘contributors’ or ‘funders’) in return for tangible and intangible rewards. Through the Site, email, websites, and other media, the Company makes accessible various content, 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”). Campaigners, contributors or funders, and other visitors (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. “User Submissions” means any Content Submitted by Users. By creating a fundraising campaign on Helptoaid, you as the campaigner are offering the public the opportunity to enter into a contract with you. By funding or contributing fundraising campaign on Helptoaid, you as the funder/contributor accept that offer and the contract between the campaigner and the funder/contributor. Helptoaid is not a party to that agreement between the campaigner and the funder/contributor. All dealings are solely between Users.

Acceptance of Terms

The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy (that can be found on the website) mentioned in this document and 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 Site without notice to you. In addition, some Services offered through the Site may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.The Services of the Site is available only to individuals who need their funds transferred to an Indian bank account. The Company may, in its sole discretion, refuse to offer the Site’s services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site’s services is revoked in those jurisdictions.

Modification of Terms of Use

The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the Site and its services (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the website without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Registration

You may view Content on the Site without registering, but as a condition of using certain aspects of the Site, you may be required to register with the Company and it’s Site and create a User profile using a “User ID” and password. The Site also allows you to use your Facebook profile as your login preference; however, the Site does not post or publish anything on your Facebook profile without your permission. Also, please note that Facebook has a standard login procedure, which you must follow as a user; Helptoaid has no control over Facebook’s login procedure. Additionally, you shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or project name, any name or term 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. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User’s expressed permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.

Fund transaction and accountability

The Site offers various payment gateways to facilitate transaction of funds for campaigns. However, it may be noted that the Site or the Company:

• Are not the final recipients of any funds from the contributors directly, but a service provider, which enables receipt of funds (both domestic and foreign) by campaign owners, who are the final recipient of funds
• Collects the funds in the Company bank account till the campaign is running for a time period chosen by the campaigner. And transfers the funds to the campaign’s bank account 15 days after the campaign’s time period has ended
• Makes refunds after deducting necessary transaction fee to the contributor, who has chosen to get a refund in the event of a campaign not being able to raise it’s target amount
• Does not generate contributions and contributors for a campaign
• Does not guarantee that the target funds of a campaign will be raised fully
• Does not offer the platform to users for investing in a project for the purpose of equity, loans/debt, or profit sharing

Terms and Conditions for Fundraisers (Those Who Want To Raise Funds)

General Conditions

• You are solely responsible for utilizing the funds for the Purpose mentioned in our fund-raising page. The Company is not responsible in any way whatsoever towards the end utilization of funds.
• This fund-raising page on the Platform will be available to the general public for contributions for 25 days from the time You published the page on the Platform. You may or may not be able to raise the targeted amount in the designated period. The Company at its sole discretion may extend the tenor of hosting or may remove this fund-raising page.
• The Company will not be responsible in any way whatsoever on the amount of contributions received.
• The Company will collect contributions online, and will provide the total amount to us. Therefore, you shall receive the funds in 29 days from the time you list the project. The Platform will provide us the list of contributors, and their respective contribution amount at the time of transfer of funds.
• You understand that the funds are not owned by the Company. You completely agree to the disbursement of funds after 29 days for the ease of operations.
• In case of contributions outside India, You have the necessary regulatory permissions to receive such funds, Such permissions include but are not limited to the Foreign Contributions Registration Act (FCRA), and others mandated my regulatory authorities.
• Helptoaid and the payment gateway will deduct their fees and applicable taxes before providing the funds to us.
• If applicable, You shall issue Tax Rebate certificates for Indian contributions only to the extent of the monies received by us; i.e. the amount contributed minus the fees charged by Helptoaid and the payment gateway. In such a scenario, the Platform has clearly mentioned to all Contributors about the availability of such funds
• You hereby indemnify and agree to keep indemnified and hold safe and harmless the Company, its Directors, employees and agents against all such liabilities or claims and also against any loss or damage that may arise on the Party, its Directors, employees and agents on account of acts of omission, utilization of funds by us on anything other than the stated Purpose, lack of necessary regulatory approvals for receipt of funds in any form or for carrying out the activities required for execution of the Purpose. The indemnities if any shall survive beyond the period of the Agreement.
• In no event will the Company be liable for any indirect, incidental or consequential damages (including loss of profit or business), howsoever arising, whether under contract, tort or otherwise, even if informed of the possibility of the same.
• he agreement at any point of time should it have material evidence of wrong utilization of funds, or absence of requisite regulatory approvals to raise funds or carry out the Purpose.

Fund transfer and management

Helptoaid only enables the flow of funds from funders to campaigners and is not the final recipient of funds raised on its platform, unless running a proprietary crowdfunding campaign. Helptoaid deducts its transaction fees (including service tax) and transfers the net amount. If the campaigner has not met their funding goal, the transfer amount does not include the contributions chosen for a refund.

Foreign funds

Note for Ngos: You have to be registered/approved with FCRA to be able to receive foreign donations. Else foreign contributions will be restricted on your campaign.

Taxation

Campaigners must bear any tax liabilities on the funds raised through Helptoaid. These taxes may include, but are not limited to, income tax, VAT, and service tax applicable on the fund’s raised or on the procurement of rewards. Helptoaid is not liable to provide any tax or legal advice to campaigners in addition to the information already provided in our FAQs section.

Project completion

While campaigners have full project ownership and the right to complete it, they are accountable and obliged to finish the project by the deadline they have set. Campaigners must also keep the funders updated about the work in progress in case of delays to avoid funder dissatisfaction. The Company or the Site does not make any claims or guarantees on behalf of the campaigner regarding the completion of the project and usage of the funds raised solely for the purpose of the project. Similarly, the Company or the Website does not take any responsibility for making sure that the project for which the funds are raised through its Site is completed and made available to the contributors. The contributors are free to get in touch with the campaign owner directly and solving any dispute that arises regarding the campaign or the project.

Helptoaid branding & marketing

Campaigners must include Helptoaid’s logo branding on all project and/or campaign related marketing collaterals, whether online or offline (e.g., online banners, offline flyers) as per Helptoaid’s brand and logo guidelines. Helptoaid should be credited as the project’s “Online Crowdfunding Partner” at campaign or project related offline events. Also successful campaigners are obliged to attend and/or lead Helptoaid’s branding & marketing activities such as events, ad videos, interviews, etc.

Campaign cancellation

Helptoaid reserves the right to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. Helptoaid is not liable for any damages as a result of any of those actions. Helptoaid’s policy is not to comment on the reasons for any of those actions.

Helptoaid’s rights

Helptoaid reserves the right to make changes in its technology platform or crowdfunding services at anytime as it sees fit with due notification to campaigners and other users. Helptoaid will not tailor it’s offering to various campaigners. Users are requested to keep themselves updated with all changes on Helptoaid’s platform and policies by regularly checking its FAQs or with the Company directly.

The Company will not have any ownership rights over your User Submissions and Content. However, the Company will get the license to perform and market the Site on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, 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 similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the Site, (b) the Company’s (and its successors’ and assigns’) businesses, (c) 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); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.

Third-Party Sites

The Site may permit campaign owners and users to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company’s control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company

Terms and conditions for funders or contributors (Those Who Want To Give Funds)

General Terms

• The Purpose, which the Recipient has been clearly declared on the fund-raising page, and I have clearly understood the project and the utilization of funds.
• My contributions will go to the Recipient, and will be utilized by the Recipient. The Company is only facilitating the collection of contributions, and is not responsible in any way for the end utilization of the contributions.
• The Company and the payment gateway will deduct their fees and applicable taxes before providing the funds to the Recipient. The Company will deduct the fees on behalf of the platform which has hosted the project profile in the internet, and has facilitated my contributions to the project. I understand that the fees are towards web hosting, marketing, and promotion, and that the Company is only facilitating in collection of the fees on behalf of the owners of the Platform.
• Any receipt or Tax Deduction Certificate (for Indian contributors only) will be issued by the Recipient to the extent of the funds received, post deduction by Helptoaid and the payment gateway. Whether such receipt will be provided has been clearly mentioned in the fun-raising page, and I have understood the same. The Company will not be responsible for any Tax certificates or benefits.
• The Company will collect contributions from many sources and then provide the collective amount to the Recipient; therefore, my contribution may take 45 days – from the time I have made it – to reach the Recipient.
• This Agreement shall be governed by and construed under the applicable laws of the Indian Union, and in respect of any suit, action or proceeding arising out of this Agreement to the jurisdiction of the courts of Bengaluru, India only.
• This Agreement shall be valid for a period of 180 days from the date of making the contribution. The Company can terminate the Agreement by providing a written notice of 30 days.
• I understand that lending through Helptoaid involves risk of principal loss, and Helptoaid neither guarantees repayment nor offers a financial return on my contribution. I also understand that my loan will be treated subordinate to other institutional lenders of Helptoaid.

Registration

Contributors can only fund a project by registering on the Site using the Site’s login procedures. By choosing the Facebook login, they agree to give the Site, access to their Facebook account’s profile pictures and email id. They also allow the Site to create their account on Helptoaid and use their FB profile picture as the profile picture of their Helptoaid account. The Site does not publish any content on their Facebook profiles without their permission.

Payment details

A contribution is a voluntary donation made by a contributor to a project’s campaign running on the Site for the purpose of raising funds. The contributor does not make the contribution for any monetary returns like equity or profit share in the project, neither is his/her contribution considered a loan to the project or its campaigner.

Fees and taxes

Contributors give their consent and authorize the Site to deduct the necessary commissions on the contributed amount before transferring to the final recipient i.e., the campaigner.

Payment details

By funding a campaign, the contributors agree to provide their name, email address, phone number, billing and shipping addresses. They also agree to provide the authorized online payment gateway of the Site, CC Avenue, necessary & required details of their credit and debit cards for making an online contribution, or the accurate address for cash/cheque pick up to the Site’s offline collection vendors. Contributors agree to have sufficient funds or credit during making a contribution for a campaign. Contributors are informed that their credit and debit card related details are not provided to the Company or the Site by the online payment gateway & remain confidential.

Other contributor information

Contributors authorize the Site to provide campaigners their name and contact details for the purpose of delivering rewards and connecting regarding queries or updates regarding the funded project.

Additionally, they also authorize the Site to publish their name and image (if logged in through Facebook) on the ‘Contributor’ section of the campaign that is funded by them. However, contributors can choose to be “anonymous”, if they don’t wish to make themselves public. None of the contributors’ funding amount is made public by the Site. Furthermore, by providing the Site their contact details, contributors agree to receive regular updates about the future crowdfunding campaigns on the Site through fortnightly newsletters. They can always choose to deactivate reception of the Site’s newsletter and other notifications.

Refund & Cancellation

You make contributions on the website are made towards Projects or people with the social impact as the primary cause. You understand that this contribution is not for purchase of any goods or services. Therefore, the contributions once cleared by the payment gateway will go towards the project you intended to give to, and therefore cannot be refunded or cancelled.

In case the project is cancelled before the money is given by the Company to the project owner, the contributions will be refunded to designated bank accounts. The company will seek information, through e-mail, on your bank account for electronic transfer. The Company will refund the amount in 15 working days from the date of receipt of complete information. The Company will not be responsible for any wrong information. However, such refund will be subject to applicable payment gateway fees and taxes.

Rights of the project

Contributors agree to not claim any ownership in the project they fund through the campaign on the Site. The rights of the project remain with the campaigner.

Dispute between campaigners and their contributors

The Site or the Company is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Site. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. You release the Site and Company, 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 out of or in any way related to such disputes and the service.

Rules and Conduct

As a condition of use, you promise not to use the Site for any purpose that is prohibited by the Terms of Use or law. The Site and its’ services are provided only for your own personal, non-commercial use (except as allowed by in this Terms of Use). You are responsible for all of your activity in connection with the Site and its Services. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that:

• Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
• You know is false, misleading, or inaccurate;
• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;
• Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
• Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party; or
• Impersonates any person or entity, including any employee or representative of the Company
• Users may not use the Company’s Site for activities that: (i) violate any law, statute, ordinance or regulation; (ii) relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law; (iii) relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are by payment processors to collect payments on behalf of merchants, (e), are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing,or (f) provide certain credit repair or debt settlement services; (iv) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent; (v) violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices; (vi) involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from the Company and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.”

• Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.

The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a campaign or project; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (ii) remove or block any User or User Submission. Helptoaid.in reserves the right not to comment on the reasons for any of these actions.

Termination

The Company may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid to the Company are non-refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Termination Warranty Disclaimer

The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and projects. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.

The Company does not guarantee that any Content will be made available through the Site. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a campaign or project; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. The Company reserves the right not to comment on the reasons for any of these actions.

The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Content and License

You agree that the Site contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. The Company grants to each User of the Site a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.

Intellectual Property

By submitting Content (User Submissions) on the Site, you agree to the following terms:

• The Company will not have any ownership rights over your User Submissions. However, you agree to provide the Company the license to perform and market the Site or the Company on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, 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 similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the Service, (b) the Company’s (and its successors’ and assigns’) businesses, (c) 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); (ii) take whatever other action is required to perform and market the Service; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and (iv) use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
• You are publishing your User Submission and you may be identified publicly by your name or User ID in association with your User Submission
• You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.
• You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Helptoaid all of the license rights granted herein
• You will pay all royalties and other amounts owed to any person or entity based on your Submitting User Submissions to the Service or the Company’s publishing or hosting of the User Submissions as contemplated by these Terms of Use
• The use or other exploitation of User Submissions by the Company and Users as contemplated by this agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights
• The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions
• All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated
• The Company will not be liable for any errors or omissions in any Content
• The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service
• All Content you access through the Site is at your own risk and you will be solely responsible for any resulting damage or loss to any party
• Helptoaid reserves the right to cancel or suspend any campaign or delete any User Submission or terminate a User account if there is a complaint of infringement of the Content.
• Helptoaid reserves the right to ban repeat infringers of Intellectual property from using the Site

Indemnification

You shall defend, indemnify, and hold harmless the Company, its Site, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Service and Content, or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses.

Limitation of Liabilty

In no event shall the Company, nor its directors, employees, agents, partners, vendors, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising) and (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination).

Electronic Delivery, Notice Policy, and Your Consent

By using the Site, you consent to receive from the Company, all communications including notices, agreements, legally required disclosures, or other information in connection with the Site (collectively, “Contract Notices”) electronically. The Company may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Site. This agreement and each Terms of Use shall be governed by and constructed in accordance with the laws of india without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai.

Governing Law

This agreement and Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of punjab only.

Integration and Severability

These Terms of Use and other referenced material are the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous

The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with the Company’s prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.