Campaign creator agreement

 

TERMS AND CONDITIONS FOR CAMPAIGN CREATOR

 

NOTICE:Providing a platform on Incrowd.in to the Campaign Creator who may be an individual, body corporate or company, is expressly conditioned on Campaign Creator’s assent to these Terms and Conditions (“T&C”). Invoglobe Technologies (OPC) Private Limited (“Invoglobe”) may amend the T&C after prior notification to the Campaign Creator and such amended T&C will thereupon apply to the Campaign Creator.

 

If a visitor to Incrowd.in is a minor i.e. under the age of 18 years, he/she shall not be eligible to register as a member of Incrowd.in. However, if a minor visitor wishes to use or avail the services provided by Incrowd.in, such use or transaction may be made only by their parents/ legal guardian who have registered and have an online account with Incrowd.in in their name. Incrowd.in reserves the right to terminate any membership in the event of breach of any of the T&C as are set out herein.

 

These T&C are to be read and understood in conjunction with the UserTerms and Conditions [Www.incrowd.in]and Privacy Policy [Www.incrowd.in] and any other policy as may be displayed on the Website from time to time.

 

This document is an electronic record in terms of the Information Technology Act, 2000 and Rules there under, as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

By clicking on the ACCEPT button at the bottom of this page, you irrevocably and unconditionally accept the T&C for setting up a Campaign by the Campaign Creator and these T&C will become a legally binding contract between Invoglobe and Yourself as the Campaign Creator.

 

  1. Definitions

 

    1. “Agreement” shall include these T&C, various Policies of Invoglobe and User Terms and Conditions as may be amended and modified from time to time.

 

    1. “Applicable Law” shall mean any Indian statute, law, acts of the state legislature or Indian Parliament, regulation, ordinance, rule, judgment, order, decree, bye-laws, clearances, directives, guidelines, policy requirement, or any governmental restriction or any similar form of decision of, or determination by, or any interpretation or administration having the force of law in India of any of the foregoing, by any government authority having jurisdiction over the matter in question, whether in effect as of the date of this Agreement or thereafter, and includes any laws, notification, circulars, ordinances, byelaws, rules whatsoever.

 

    1. “Business Day” means the days on which banks in Mumbai are open for business during normal business hours.

 

    1. “Campaign” shall mean any idea, cause or event including but not limited to education, health, women empowerment, animal welfare, filming, sports etc. for which the Campaign Creator is desirous of raising funds on the Website.

 

    1. “Campaign Creator” shall mean any individual, body corporate or company desirous of carrying out a Campaign and who has registered the Campaign on the Website.The Campaign Creator may be an individual or an entity distinct from the individual/entity for whom the Campaign is created.

 

    1. “Campaign Fund(s)” shall mean the total funds collected from Project Supporter(s) towards a Campaign.

 

    1. “Digital Documents” are those documents which can be uploaded on the Website or which can be provided through internet/ email to the email address provided by the Campaign Creator at the time of account opening or subsequently modified by way of a written communication.

 

    1. “Funding Period” shall mean the period for which the Campaign shall be live on the Invoglobe’s Website for the purpose of receiving Campaign Funds.

 

    1. “Funding Target” shall mean the monetary target or goal of the Campaign.

 

    1. “Indian Rupees” or “INR” shall mean the local currency of the Republic of India.

 

    1. “Incrowd.in” shall mean the platform owned by Invoglobe for the purpose of facilitating raising of funds by Campaign Creators from Campaign Supporters for their Campaigns. 

 

    1. “Invoglobe” shall mean Invoglobe Technologies (OPC) Private Limited, and where the assignment is made, it shall mean any Person(s) to whom such assignment is made.

 

    1. “Nodal Account” shall mean the account in which the fund received from the Project Supporter(s) towards the Campaign is deposited by Invoglobe.

 

    1. “Parties” shall mean Campaign Creator and Invoglobe collectively.

 

    1. “Party” shall mean the Campaign Creator and Invoglobe individually.

 

    1. “Person(s)”includes an individual, statutory corporation, body corporate, partnership, joint venture, association of Persons, Hindu Undivided Family (HUF), societies (including co-operative societies), trust, unincorporated organisation, government (Central, State or otherwise), sovereign State or any agency, department, authority, or political subdivision thereof, international organisation, agency or authority (in each case whether or not having a separate legal personality) and shall include their respective successors and assigns, and in case of an individual shall include his legal representatives, administrators, executors and heirs, and in case of a trust shall include the trustee or trustees for the time being, the survivor or survivors of them and the heirs, executors and administrators of the last surviving trustee.

 

    1. “Platform” shall mean (www.incrowd.in)

 

    1. “Policies” shall include but not be limited toUser Terms and Conditions and Privacy Policy displayed on Incrowd.in Website.

 

    1. “Project Page” shall mean the page on (www.incrowd.in) where all the information/contents of the Campaign including marketing contents shall appear and also where the Project Supporter(s) will be able to contribute to the Campaign.

 

    1. “Project Supporter(s)” shall mean any individual, body corporate or company that provides monetary support to the Campaign”

 

    1. “Registered Account”or “Account” shall mean the account of the Campaign Creator registered with Incrowd.in.

 

    1. “T&C” shall mean these Terms and Conditions as mentioned herein.

 

    1. “Term” shall mean the term of the Campaign which is 90 (ninety) days from the Date of publication of the Campaign on the website of www.Incrowd.in.

 

    1. “Website” shall mean and include the internet resource http://incrowd.in, and any other media platform through which the Platform is run. The terms “Website” and “Incrowd.in” are used interchangeably in these T&C.

 

  1. Registration of Campaign and Due Diligence

 

    1. Registration: Any Campaign Creator who intends to further the cause of a Campaign may host a fund raiser on the Website in accordance with the rules and policies which are mentioned herein.For starting a fund raiser, Campaign Creator shall create anaccount on the Website by providing requisite information including details of the Campaign. Alternatively, the Campaign Creator shall use his/her social networking profile, such as Facebook, Twitter or Google credentials as the login preference.

 

    1. While creating an Account, the Campaign Creator shall not use as his/her/its User ID any name or term that (i) is the name of another person, with the intent to impersonating that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. The Campaign Creator will not make any false, misleading or deceptive statements or omissions of material fact in the contents of the Campaign.

 

    1. After registration, Invoglobe will carry out due diligence on the Campaign Creator, NGO Partner and the Campaign which is proposed to be listed on the Platform by the Campaign Creator. For the purpose of carrying out a due diligence, necessary documents and clarifications will be required by Invoglobe from time to time and the Campaign Creator hereby agrees to cooperate with Invoglobe and provide such clarifications and documents as required by Invoglobe within the time frame specified by Invoglobe.

 

    1. The Campaign Creator authorizes Invoglobe to undertake verification procedures and any other information that the Campaign Creator provides to Invoglobe through the production of appropriate documentation by the Campaign Creator. The Campaign Creator also accepts that Invoglobe may provide the Campaign Creator’s information to a third party and the Campaign Creator hereby authorizes Invoglobe to request and obtain data from a third party to verify any information about the Campaign.

 

    1. Incrowd.in shall have sole discretion to decide if the Campaign can be hosted on the Website and shall be under no obligation to provide any details of its findings to the Campaign Creator/NGO Partner. In the event Invoglobe rejects listing of the Campaign, the same will be communicated to the Campaign Creator in writing without any obligation to attribute any reason for such rejection. Where Incrowd.in is of the view that the Campaign requires modifications or amendments or provides any other recommendations, Campaign Creator shall implement the same.

 

    1. If the Campaign is approved by Incrowd.in after conducting the due diligence, Invoglobe will communicate the same to the Campaign Creator in writing.

 

    1. Campaign Creator is not permitted to make any changes to the details of the Project after it has received the approval of Incrowd.in. Incrowd.in may, in exceptional circumstances, allow changes to be made to the Campaign provided Campaign Creator informs about the change in circumstances and Incrowd.in is convinced that the reason warrants the changes to be made in the Campaign. Campaign Creators are not allowed to change the Funding Target and Funding Period for the Campaign once approved by Invoglobe.

 

  1. Post Registration of Campaign

 

    1. On receipt of the notice of approval of the Campaign by Invoglobe, the Campaign Creator shall within a period of 30 days design his Project Page which shall appear on the Website. TheProject Page shall be in the format provided by Invoglobe and shall be in compliance with all Applicable Laws and regulations.All the Contents provided by Campaign Creator shall be approved by Invoglobe before uploading the same on the Website.

 

    1. The Campaign Creator shall be responsible for the contents provided by him/her/them and under no circumstance Invoglobe shall be held responsible for the contents of the Campaign provided by the Campaign Creator.

 

    1. The contents provided by the Campaign Creator shall be true and correct and shall not infringe or violate third party’ rights and are in conformity of all Applicable Laws. Specifically, Campaign Creator undertakes that the information entered by the Campaign Creator or any other submission will not contain third party copyrighted material, or any material that is subject to other third-party proprietary rights, unless they have permission from the rightful owner of the material or are otherwise legally entitled to post the material and to grant the Website all of the license rights thereto. Campaign Creator undertakes that the information provided in the Project Page and otherwise does not infringe upon the intellectual property or other proprietary rights or rights of publicity or privacy rights of third parties and that the information is in consonance with law. Invoglobe reserves the right to suspend or terminate a Campaign at any point in time, with or without providing any reason to Campaign Creator.

 

    1. The Campaign Creator hereby grants to Invoglobe an irrevocable, royalty free, non-exclusive, transferable right to use, exploit and market its contents along with a right to edit, modify, delete or translate all of its contents of the Project Page provided by the Campaign Creator to be listed on the Website.

 

    1. At any point of time, Invoglobe reserves the right to prohibit fraudulent and undesirable Campaign from being hosted on its Platform.

 

    1. The Funding Period and Funding Target of the Campaign shall be ascertained by the Campaign Creator and Invoglobe jointly before the Project Page goes live. No changes will be made in the Project Page once it goes live. However, if it is necessary in the interest of the Campaign to make necessary changes, Invoglobe shall have the sole power to make those changes. 

 

    1. Invoglobe does not guarantee the funding and marketing of the Campaign and the Campaign Creators hereby acknowledge this fact. It shall be the responsibility of the Campaign Creator to market the Campaign online or offline.Furthermore, they are solely responsible for conducting any form of digital marketing which may include Search Engine Optimisation (“SEO”) or Social Media Optimisation (“SMO”), at their own cost and expense. Incrowd.in may only provide marketing guidance in the form of marketing tips & tricks for both pre and post campaign launch and the tools to promote your fundraiser on selected social media platforms.However, Incrowd.in does not, under any circumstances whatsoever, guarantee for the Campaign to be a success. All risk in relation to the success or failure of the Campaign shall lie solely with the Campaign Creator. Campaign Creators must include Incrowd.in logo as prescribed, for branding on all project and/or Campaign related marketing collaterals, whether online or offline (e.g., online banners, offline flyers) as per Incorwd.in branding and logo guidelines. The Campaign Creator shall also term Invoglobe as their “Online Crowdfunding Partner” in all Campaign related events.

 

    1. The placement of the Project Page shall be determined solely by Invoglobe at its sole discretion. The Project Page created by the Campaign Creator on the Website will be available to the general public for contributions for a fixed number of days as stipulated. If the Campaign Creator is not able to raise the Funding Target within the Funding Period, INCROWD.IN at its sole discretion may extend the tenor of hosting or may remove or suspend a fund-raising page.

 

    1. Invoglobe shall provide the Campaign Creator with real time information on the performance of the Campaign. However, Invoglobe shall not be held responsible for incorrect information provided by third party including Project Supporter(s).

 

    1. The Campaign Creator shall issue receipts to the Project Supporter(s) directly via email for payment of Campaign Funds.

 

    1. The Campaign Creator may withdraw the Campaign at any point before the end of the Funding Period. Under such circumstance, the Campaign Creator shall not be eligible to any fund nor can he resume such Campaign during the subsistence of the Funding Period. However, the Campaign Creator shall be eligible to raise Campaign Funds on the Incrowd.in after the completion of the Funding Period.

 

    1. In the event, the Funding Target is or exceeds INR 3,00,000/-, the Campaign Creator shall submit a report certified by a Chartered Accountant, to Invoglobe technologies opc pvt ltd. stating the end use of the Campaign Fund.
    2. Notwithstanding anything contained herein, www.Incrowd.in reserves the right to reject, cancel, interrupt, remove, or suspend a Campaign at any time and for any reason, and shall not be liable for any damages as a result of any of those actions.

 

  1. Fees, Commission and other Payments

 

    1. The Campaign Creator shall be liable to pay Invoglobe a one-time processing fees of INR 2,000/- which shall be non-refundable and shall be paid on registration.

 

    1. In addition to the processing fees, the Campaign Creator shall be liable to pay the following fees/charges to Invoglobe which will be deducted from the Campaign Funds before transferring to Campaign Creator:

 

      1. Contract charge @6% of the total Campaign Fund;

 

      1. payment gateway charge @ 1.50 % of the total Campaign Fund; or
      2. service tax 14% , a 0.5%swachh Bharat cess & a0.5 % krishi kalyan cess and other taxes, cesses, duties chargeable
      3. processing charge; internal risk management to satisfy you and your Organisation is in comply with all the rules & regulations /Norms

 

    1. Campaign Creator also agrees to reimburse any other expense which may be incurred by Invoglobe on account of the Campaign. However, before incurring such expense, Invoglobe shall intimate the same to the Campaign Creator and only after the approval of the Campaign Creator, Invoglobe shall make such payments on behalf of the Campaign Creator.

 

    1. Invoglobe reserves its right to change the price of any Service(s), tariff plans, available through the Website any time without any notice, to the extent permitted under Applicable Laws. All payments made against the transaction shall be in Indian Rupees only.

 

    1. The Campaign Creator shall be liable to pay all taxes including but not limited to income tax, VAT, service tax, local body tax or any other taxes, cess etc. with respect to raising of Campaign Funds and under no circumstance Invoglobe shall be liable to pay the taxes, levies, cess or any other statutory payments on behalf of the Campaign Creator.

 

  1. Receipt of Funds and Refund

 

    1. All monies received from Project Supporters shall be parked in a nodal account opened and operated by Invoglobe in accordance with RBI guidelines. Invoglobe shall have a separate nodal account for each Campaign. Invoglobe shall hold the Campaign Funds in trust for the benefit of the Campaign Creator.

 

    1. The Campaign Funds collected in the nodal account shall be transferred to the Campaign Creator or NGO Partner, as the case may be, upon the Funding Target amount being achieved or within 10 (ten) days of completion of the Funding Period, whichever is earlier. Invoglobe shall be entitled to make necessary deductions before transferring the Campaign Funds to the Campaign Creator/NGO Partner.

 

    1. The Campaign Creator irrevocably and unconditionally undertakes to transfer the Campaign Fund to the individual, NGO or other organization for which the Campaign was created.

 

    1. Invoglobe may delay in making payments to the Campaign Creator, if Invoglobe believes the Campaign to be suspicious. In addition, Invoglobe may inform law enforcement officials (instead of remitting the same to the Campaign Creator) at the request of such law enforcement officials.

 

    1. In the event, the Campaign Fund(s) are transferred to the Campaign Creator and the Project Supporter(s) are desirous of claiming refund of the Campaign Funds, the Campaign Creator shall without any delay or demur refund the amount back to the Project Supporter(s) within a period of 7 (seven) Business Days from the date of intimation by Invoglobe.

 

    1. Campaign Creator understands and agrees that the funds collected in a Campaign are not owned by Invoglobe/Incrowd.in. They are only collected by Incrowd.in and are disbursed to the Campaign Creator/NGO Partner as provided hereinabove.

 

  1. Representations and Warranties

 

    1. The Campaign Creator hereby represents that all the Campaign Funds received shall be used solely for the purpose stated in the Campaign and that no Campaign Fund shall be misused or used for any other purpose.

 

    1. The Campaign Creators shall not hold Invoglobe responsible for any failure in securing the Campaign Fundson Incrowd.in.

 

    1. The Campaign Creator hereby declares, assures, agrees, represents and warrants prior to and upon acceptance of these T&C that:

 

      1. The details and description of the Campaign provided is accurate.

 

      1. The Campaign Creator is competent to contract under The Indian Contract Act, 1872.

 

      1. Any declarations and information which has been or which may hereafter be provided by the Campaign Creator to Invoglobe in relation to the transaction, is true, accurate and complete in all respects and is not misleading in letter or spirit whether by reason of omission to state a material fact or otherwise.

 

      1. The Campaign Creator is fully empowered to enter into this Agreement and to perform his obligations hereunder, and these T&C and Policies are duly accepted by the Campaign Creator, and constitute legal, valid and binding obligations of the Campaign Creator enforceable against him/her/it.

 

      1. If the Campaign Creator authorises any other Person(s) to transact with Invoglobe, then such act of the authorised Person(s) shall be binding on the Campaign Creator.

 

    1. Each of the representations and warranties contained herein shall be continuing representations and warranties and shall be deemed to have been made by the Campaign Creator on the date of acceptance of these T&C and repeated by him on every day during the subsistence of this Agreement.

 

  1. Covenants of Campaign Creator

 

    1. The Campaign Creator permits Invoglobe to use details of the Campaign Creator/Campaign and NGO Partner, after the term of the Campaign, for Invoglobe’s promotion and advertisement purposes.

 

    1. If there is any inflow of foreign funds from the Project Supporter(s) residing outside India, the Campaign Creator shall ensure that he/she/it is capable and has the necessary permission, clearances for receiving such foreign funds and all laws and regulations are complied by the Campaign Creator before and after accepting such foreign funds. The Campaign Creator shall also ensure that he/she/it holds necessary certificates, licenses etc. required for accepting foreign funds.

 

    1. Once the Campaign Funds required for a particular cause have been raised in full, Campaign Creators will not be allowed to raise a separate new campaign/fundraiser for the same cause.Where Funding Target for a Campaign has not been achieved, Campaign Owner may list the Campaign for the amount not raised after a cool-off period of minimum 2 (two) months.

 

  1. Limitation of Liability

 

    1. Invoglobe shall not be liable if anyFunding Target is not met or for technical glitches on the Website, server errors, virus in the Website and/or speed of the Website which may affect the transaction activity of the Website.

 

    1. If there arises any dispute between the Campaign Creators and Project Supporter(s) and/or other third party, the Campaign Creator acknowledges that Invoglobe shall not be held liable.

 

    1. Invoglobeshall not be held liable in the event the Campaign Creator suffers any damage or incurs any losses arising on account of use or misuse of the Website.

 

  1. Term and Termination

 

    1. The Parties are deemed to have entered into this binding Agreement with effect from date of acceptance by Campaign Creator of these T&C clicking “ACCEPT” button (“Effective Date”). These T&C shall continue to subsist until expiry or terminated as hereinafter provided.

 

    1. Invoglobe may in its sole discretion, with or without cause, terminate this Agreement at any time by giving the Campaign Creator a 15 days notice in writing.

 

    1. Invoglobe has the right to terminate the Campaign Creator’s registration immediately and without notice upon Invoglobe's reasonable determination that the Campaign Creator has committed a fraud or made a material misrepresentation, or performed any prohibited activity, or otherwise failed to abide by the T&C herein or the Policies.

 

  1. Notices

 

    1. TheCampaign Creator acknowledges that once Digital Documents are uploaded/mailed by Invoglobe at Campaign Creator’s email address registered with it, it shall be deemed to have been received by the Campaign Creator and hence there will be no further requirement on the part of Invoglobe to send the same physically in the paper based format to the Campaign Creator. The Campaign Creator hereby acknowledges that he/she/it has read and understood the following points governing issuance of the Digital Document by the Invoglobe.

 

      1. For the purpose of the above, the email address used would be the same as provided by the Campaign Creator at the time of registration with Invoglobe. Any change in the email address of the Campaign Creator shall be immediately intimated by the Campaign Creator to Invoglobe in writing.

 

      1. The Campaign Creator shall access the Digital Documents electronically. The Campaign Creator understands that it is his/her/its responsibility to review all such Digital Documents. All information contained therein shall be binding on the Campaign Creator, if the Campaign Creator does not object, either in writing or via electronic mail within 24 hours after any such documents are available to the Campaign Creator.

 

      1. The Campaign Creator agrees that, Invoglobe fulfils its legal obligation to deliver to the Campaign Creator any such document if sent via electronic delivery.

 

      1. The Campaign Creator agrees that Invoglobe shall not be responsible for non-receipt of Document(s) sent via electronic delivery due to change in/incorrect email address provided by the Campaign Creator for the purpose or for any other reason which inter alia include insufficient space in the inbox of the Campaign Creator, technical reasons or malfunction of the Campaign Creator’s computer system(s)server/internet connection etc. It shall be the responsibility of the Campaign Creator to intimate Invoglobe of any change in the Campaign Creator’s e-mail account(s).

 

      1. Invoglobe shall not be liable or responsible for any document or statement received from frauds or impostors or any consequences thereof.

 

      1. Invoglobe shall not be liable for any problem, which arises at the Campaign Creator’s computer network because of the Campaign Creator receiving any such statement from Invoglobe.

 

      1. The Campaign Creator acknowledges and accepts that the internet is not a fully secured or a protected medium of communication and provision of services due to the public nature of the communication and that the accuracy, reliability and soundness of such means of communication and provision of services depends upon, amongst others, the service providers and the telephone, modem, cables, systems, facilities and the like used and operated from time to time by such providers and other participants. Campaign Creator acknowledges and further accepts that, as a result of such restraints or limitations, there are risks associated in using such means of communication including the congestion, breakdown, interruption or failure of transmission of the internet service or any communication equipment or facilities, errors, omissions or delays in the transmission and receipt of data and information. There are also other risks involved such as in the unauthorised access, tampering, modification or alteration of the service and/or the system, components and software used or comprised in the service which may result in the use, manipulation, retrieval or the theft or loss of data and information, including Campaign Creator’s personal data. The Campaign Creator agrees that Invoglobe shall not be liable / responsible for such matters and resultant losses under any circumstances.

 

    1. Any notice or communication to Invoglobe may be given by way of email to the following email address:

 

Kind Attn.: [Archita Pocharna]

 

Email Address:[ Contactincrowd@Gmail.Com•]

 

  1. Assignment

 

    1. Invoglobe may, at any time and from time to time, without any consent of or reference to the Campaign Creator assign to any Person(s), for any purpose whatsoever, any or all of its rights, benefits and/or obligations hereunder, and, in such case, the Person(s) to whom such rights are granted or assigned shall be entitled to the full benefit of such rights and all the terms, conditions, representations, warranties and covenants contained herein on the part of the Campaign Creator shall be valid, binding and in full force and effect in favour of such assignees.

 

    1. The Campaign Creator shall not be entitled to assign any or all of its rights, benefits and/or obligations hereunder to any Person(s).

 

  1. Governing Law, Jurisdiction and Arbitration

 

    1. This Agreement shall be governed by and construed in accordance with the laws of India and shall be subject to the jurisdiction of the competent courts at Mumbai only.

 

    1. All disputes or differences or controversies arising out of or relating to this Agreement shall, to the extent possible, be settled in the first instance by prompt and good faith, negotiations and through a process of mediation between the Parties. In the event such dispute or differences or controversy cannot be resolved through mediation within a period of 30 (thirty) days, either Party shall, within thirty (30) days from the occurrence or failure to reach agreement, give the other Party notice in writing to resolve their disputes by arbitration.

 

    1. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 including the rules there under and any statutory modifications thereof by a sole arbitrator appointed mutually by both the Parties, upon disagreement be appointed by The Hon’ble High Court at Bombay. The arbitration proceedings shall be conducted in English language and the arbitration proceedings shall be held in Mumbai. The decision of the arbitrator shall be final and binding. Each Party shall bear its own costs (including legal costs) for participating in the arbitration proceedings.

 

  1. Miscellaneous

 

    1. Entire Understanding:These T&C are to be read and understood in conjunction with the Policies that may be displayed on the Website from time to time and represents the entire agreement in respect of the Campaign between the Campaign Creator and Invoglobe hereto on the subject matter hereof. Any provision of these T&C which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of prohibition or enforceability but that shall not invalidate the remaining provisions of this Agreementor affect such provision in any other jurisdiction.

 

    1. Indemnity:

 

  1. The Campaign Creator hereby indemnifies and agrees to keep Invoglobe indemnified against all costs, charges, expenses, penalties, claims, demands and damages including legal charges that Invoglobe may incur or be put to by reason of any third party including any Project Supporter claiming any right, title or interest or any other breach of this Agreementor any breach of warranty or misrepresentation by the Campaign Creator.

 

  1. Nothing in this Agreement shall be construed as limiting, restricting, making void or otherwise negating any right of set off in favour of Invoglobe existing or arising in common law, by statute or otherwise howsoever.

 

    1. Exclusivity: The Campaign Creator shall not list its Campaign, in India or outside India, with any other platform or website, directly or indirectly for the time its Campaign is listed on Incrowd.in.

 

    1. Confidentiality: Any information received by the Campaign Creator pertaining to any Project Supporter(s)in connection with this Agreement shall be considered as private and confidential. The Campaign Creator shall take all necessary steps and actions to prevent unauthorized disclosures of such private and confidential information. The foregoing shall not apply to any information that is publicly available when provided or thereafter becomes publicly available other than through a breach of this Agreement.

 

    1. Severability:If any provision of these T&C or the Policies are held to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of such T&C or relevant Policies, as the case may be, shall continue in full force and effect as if the Agreement between the Parties had been entered into without the invalid, illegal or unenforceable provisions.

 

    1. Waiver:The waiver by either Party of a breach of a default by the other Party of any provision relating to these T&C or any Policies shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of either Party to exercise or avail itself of any right, power, or privilege that it has, or may have thereunder, operate as a waiver of any right, power, or privilege by such Party.

 

    1. Amendment and Modification:Invoglobe may amend the T&C and notify the same to the Campaign Creator and such amended T&C will thereupon apply to the Campaign Creator. Invoglobe may amend any Policies and upload the same on the Website and thereupon such amended Policies shall apply to any agreement or understanding between the Campaign Creator and Invoglobe.

 

    1. Interpretation:Clause, headings are inserted for convenience of reference only and shall not be deemed to affect the interpretation of these T&C. Words importing the plural shall, except where the context otherwise requires, include the singular and vice versa.

 

    1. Disclaimer of Agency:These T&C shall not be deemed to constitute any Party hereto as the agent of any other Party hereto. Nothing contained in these T&C or Policies and no action taken by the Parties hereunder shall be deemed to constitute a relationship of employer-employee or agency or of partnership between the Parties.

 

CAMPAIGN CREATOR CONFIRMATION AND ACCEPTANCE

 

Use of Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website.