Terms & Conditions and Privacy Policy

 

USER TERMS & CONDITIONS OF INCROWD.IN

 

This document is an electronic record in terms of the Information Technology Act, 2000 ("IT Act") and rules there under, and the provisions pertaining to electronic records in various statutes as amended by the IT Act from time to time. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules 2011 which mandates publishing of rules and regulations, privacy policy and terms of use for access or usage of the internet resource www.incrowd.in (“Website”). This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

These Terms and Conditions (“User T&C”) read with the Privacy Policy and disclaimers, shall govern your use / access of this Website, its related content, sites and hyperlinks owned, maintained and or operated by INCROWD.IN and/ or its Affiliates.Persons accessing or using our Website or availing the services on our Website (collectively the “Services”) are hereinafter referred to as Users or You.

 

By visiting or accessing the Website, you agree that these User T&C shall be a legally binding agreement between User and INCROWD.IN. Before using our Services, please ensure that you carefully read and understand these User T&C which shall apply. If You do not agree to be bound by theseUser T&C, please do not access Website or avail any Services provided through it.

 

  1. DEFINITIONS

 

For the purpose of these User Terms & Conditions, unless the context otherwise prescribes the following terms shall have the specific meaning as provided herein below:

 

  1. "Affiliate(s)" shall mean with respect to INCROWD.IN, any person directly or indirectly controlling, controlled by, or under direct or indirect common control with, INCROWD.IN, including such company’s subsidiaries and associate companies.

 

  1. "Content" shall mean and include the files, media, videos, information, music, images, sound, text, any feedback, or content posted or provided by Users.

 

  1. "User(s)" shall mean a INCROWD.IN subscriber or customer who has (a) accessed the Website on his Device for availing the Services for personal use, and (b) if applicable, has validly registered for availing the Service(s) through the necessary registration process.

 

  1. "Device" means any mobile/stationery device (including Desktops, laptops, handsets and tablets) on which INCROWD.IN allows the use of the Website for providing the Services.

 

  1. ID" shall mean a user ID provided by us to enable You to access various other third party applications, applications owned by Affiliate(s), which shall be on the basis of authentication through one-time password.

 

  1. "Privacy Policy" shall mean the Privacy Policy of INCROWD.IN, in connection with the use of the Website, as may be amended from time to time.

 

  1. "Service(s)" means all services that INCROWD.IN provides to Users through the Website and any other services that may be included from time to time.

 

  1. "we"/"us"/"our" shall mean INCROWD.IN, its Affiliates or its successors and assigns wherever the context applies.

 

  1. "Website" shall mean the Website that INCROWD.IN has permitted You to access and to which these User T&Cis linked and includes these User T&Cattached to it.

 

  1. ABOUT INCROWD.IN

 

INCROWD.IN is owned, run, managed, operated, controlled and maintained by INVOGLOBE TECHNOLOGIES (OPC) PRIVATE LIMITED (“INVOGLOBE”), INVOGLOBE is a Private One Person Company registered under the Companies Act, 2013 and having its registered office address at 81-B, Maker Arcade Cuffe Parade, Churchgate, Mumbai.

 

The Website is an online fundraising platform that allows Users who comply with INCROWD.IN policies to raise funds for various not for profit purposes like education, health, women empowerment, animal welfare, filming, sports and other purposes. INCROWD.IN allows Users (whether as individuals, groups or organizations) to raise funds for the approved programs initiated by the Users themselves or for approved third party non-profits (“NGO Partners”) (“Campaign” or “Project”) through the INCROWD.IN platform. Those of You (whether as individuals, groups, organizations, trusts) start a fund raiser for a Project through our Website shall be referred to as a “Project Creator” or “Campaign Creator(s)”. You can also be a “Project Supporter(s)” by contributing to a particular fund raiser on the Website (whether started by any NGO Partner or Campaign Creator).

 

You should know that INCROWD.IN (either itself or through its affiliate entity) conducts a thorough due diligence on the Campaign Creator to the best of its ability, before listing them as a Campaign Creator/NGO Partner on the Website. It is our endeavour to provide you with excellent and high quality services whilst making exemplary efforts in ensuring that genuine Campaign Creators and NGO Partners are approved and listed on the Website, subject to various terms and conditions herein.

 

By using the Services of this Website, you can create / start a fund raiser for any approved causeincluding for any NGO Partner. To know more about how to start a Campaign, please refer to link INCROWD.IN. You can also contribute to a fund raiser, i.e., by registering yourself as a Project Supporter.

 

You hereby agree that INCROWD.IN is only a platform and acts as a facilitator of services or an intermediary, wherein it provides an opportunity to Project Supporters to contribute to and support the cause of Campaign Creators. As part of our Services, we collect the monies/contributions received from various Project Supporters in a nodal account, deduct administrative expenses or service fees as applicable and pay the balance monies to the relevant Campaign Creator/NGO Partner.[Note: Vishal to confirm]

 

Given that INCROWD.IN is only a platform facilitating as an intermediary, INCROWD.IN has no control over the morality or legality of the nature of Campaign Creator, the content of the Campaign or the promotional activities that may be carried out by the Campaign Creator, the nature of rewards, if any, offered to the Project Supporters, the truth or accuracy of the offerings and/or the ability of Campaign Creator to give the rewards, if any. Likewise, INCROWD.IN does not guarantee the ability of any Project Supporter to pay for the Campaign Creator. INCROWD.IN is, thus, not responsible for unsatisfactory or delayed performance of the payments to Campaign Creator or NGO Partners.

 

Subject to e-KYC being conducted[S&C1] and information gathered to the best of our ability, INCROWD.IN cannot guarantee the true identity, age and nationality of a User who is using the Website or making a/ contribution due to the nature of online transactions. INCROWD.IN, thus, disclaims all liability or accountability with respect to the transaction between Project Supporter and a Campaign Creator.

 

  1. TERMS OF USE

 

You can use the Website, its features or the Services provided therein only if You sign up/ register on the Website, and subject to the following terms of use:

 

  1. The content of the pages of this Website is for your general information and use only. It is subject to change without notice. Unauthorised use of this Website may give rise to a claim for damages and/ or be a criminal offence.

 

  1. The service statements on this Website are for general description purposes only. If You are accessing the Website or availing the Services on behalf of a company or other legal entity, then You should have the legal authority to represent and bind such company or entity to the User T&C. In such a case, the terms "You" or "Your" or “Member” or “User” shall refer to the corporate or other legal entity represented by You. If You do not have the legal authority to bind the corporate or legal entity represented by You, then You will be personally liable in your personal capacity for all the obligations contained in these User T&C, including, fulfilment of any payment obligations.

 

  1. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

  1. INCROWD.IN reserves the right to monitor your use of the Website as well as the fund raisers offered by You by use of the Services availed from the Website.

 

  1. The Website may contain links to other third party sites. Such sites will contain their own separate terms and conditions. Your access to and use of these interactive sites will require acceptance of these separate terms and conditions.

 

  1. You agree to use the Website and Services only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the content thereinor cause any damage to any third person using the website or availing the services provided therein. You agree not to add, subtract, or otherwise modify the content, or to attempt to access any content that is not intended for You. You agree not to use the Website in any manner that might interfere with the rights of third parties.

 

  1. This Website uses cookies to monitor browsing preferences. We may also store a cookie on your computer which in turn would store information about your geographical location.

 

  1. We make no warranties or representations about this Websiteor any of its content. INCROWD.IN is not responsible to You or anyone else for any damages of any kind, including (but not limited to) any direct or consequential loss and losses resulting from security failure, disclosure of confidential information by other parties or the transmission of a computer virus, suffered in connection with the use of this Website. Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.

 

  1. Any violation of these User T&C may result in legal liability upon You. Nothing in these User T&C should be construed to confer any rights to any third party or any other person. Your use of the Website means You are consenting to this User T&C and agree to be legally bound by it.

 

  1. You acknowledge and agree that nothing in these User T&C shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names or other proprietary rights in the Website or any other material or any part thereof to You or any third party.

 

  1. You can access the Website without signing up; however, your access to certain sections of the Website and Services could be restricted. You should access or use the Website only from those jurisdictions from where the Website can be accessed legally.

 

  1. In order to use the Website, You must be 18 (Eighteen) years of age or older. To use the Service(s), You will need a Device that meets the system and compatibility requirements for the relevant Services, which may change from time to time, working Internet access, and compatible software. Your ability to use the Service and the delivery of the Service may be affected by these factors. Such system requirements shall be your responsibility.

 

You expressly acknowledge and agree that the Website is a platform to raise funds for any approved cause. Use of the Website for any commercial purposes is absolutely prohibited. Unauthorized commercial advertisements, affiliate links and other forms of solicitation may be removed from User profiles without notice and may result in termination of account.

 

By using the Website and/ or the Services, You agree to accept, unconditionally, the complete liability for any action arising from your use of the Website and/or Services in any jurisdiction. INCROWD.IN reserves the right to take appropriate action, including suspension or termination of your account if INCROWD.IN has reasonable grounds to believe or is made aware that You are using the Website or the Services in a manner that is in breach of the Terms or applicable laws. In addition, You agree, unconditionally, to indemnify INCROWD.IN from any liability or cost arising from any action or inaction by You with respect to your use of the Website or Services.

 

In the course of using the Website or availing the Services, INCROWD.IN may become privy to your personal information, including information that is of a confidential nature not limited to your banking details and may need to share such information with third parties (within India or abroad). Apart from the Terms, You agree to be bound by the Privacy Policy.

 

You are solely responsible for the content and information shared by You on the Website, specifically the content You post or upload as part of raising fund for the Campaign, 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 (“Content”). INCROWD.IN does not endorse and has no or limited control over such Content. Content is not necessarily reviewed by INCROWD.IN prior to posting and does not necessarily reflect the opinions or policies of INCROWD.IN. INCROWD.IN makes no warranties, express or implied, as to the Content or to the accuracy, integrity and reliability of the Content or any material or information that You transmit to other Users. Because community and morality standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our Website, You may be exposed to Content that You find offensive or objectionable. You can contact our customer service department at [contactincrowd@gmail.com] to let us know of Content that You find objectionable.

 

We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to, issuing warnings, removing the Content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action.

 

You agree that by providing Content on the Website, You are hereby granting INCROWD.IN a worldwide, royalty-free, perpetual, irrevocable, transferable license to use all such Content in the course of INCROWD.IN offering Services pertaining to the Website, specifically with respect to Your fund raiser. Furthermore, You understand that INCROWD.IN retains the right to reformat, excerpt or translate any Content submitted by You. You waive any and all moral rights that may subsist in any Content that You provide to INCROWD.IN.

 

You understand that all Content publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such Content originated and that INCROWD.IN shall not be responsible or liable for any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of, access to or denial of access to any Content on this Website.

 

INCROWD.IN may delete any Content that, in the sole judgment of INCROWD.IN, violates these Terms or which may be offensive, illegal, violate the rights of, harm, or threaten the safety of any person.

 

INCROWD.IN assumes no responsibility for monitoring the Website for inappropriate Content or conduct, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the User submitting any such Content.

 

  1. SPECIFIC CONDITIONS FOR CAMPAIGN CREATORS

 

Any Campaign Creator who intends to further the cause of a Project may host a fund raiser on the Website in accordance with the rules and policies which are mentioned in the User T&C and Campaign Creator T&C. If there is any inconsistency or conflict between the User T&C’s herein and the Campaign Creator T&C with respect to the specific conditions for campaign creators, then the provisions prescribed in the Campaign Creator T&C shall prevail and shall take precedence forthwith.

 

For starting a fund raiser, You are required to create and account on the Website by providing requisite information.

 

Upon submission of the information (as mentioned above) for review, INCROWD.IN will review the details provided therein and decide if the fund raiser can be hosted on the Website. INCROWD.IN decisions and recommendations given to the Campaign Creator with respect to any fund raiser shall be taken into account by the Campaign Creator and implemented with respect to the relevant fund raiser.

 

You are 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 Project provided You duly inform INCROWD.IN about the change in circumstances and INCROWD.IN is convinced that the reason warrants the changes to be made in the Project. Campaign Creators are not allowed to change the funding goal and time period of the fundraiser that they specify after the first successful donation on their fundraising page.

 

INCROWD.IN does not provide any guarantee in any way whatsoever on the amount of potential contributions that could be received for a fundraiser created by Campaign Creator.

 

The fund-raising 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 targeted amount in the designated period, INCROWD.IN at its sole discretion may extend the tenor of hosting or may remove or suspend a fund-raising page.

 

You understand and agree that the funds collected in a fund raiser are not owned by INCROWD.IN. They are only collected by INCROWD.IN and are disbursed to the Campaign Creator/NGO Partner within two weeks after expiry of campaign after deducting necessary administrative expense and service fees as prescribed in our pricing in the schedule attached herewith, INCROWD.IN reserve the right to change the pricing model as and when required.

 

Campaign Creators are solely responsible for creating their own campaign pages i.e.  as per the format provided by INCROWD.IN. Campaign Creator further agree 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 You are otherwise legally entitled to post the material and to grant the Website all of the licencee rights herein. You shall ensure that the information provided in the fundraisers created by the Campaign Creator 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. INCROWD.IN reserves the right to suspend or terminate a Campaign at any point in time, with or without providing any reason to You.

 

You are responsible for giving Rewards (products or services) to Project Supporters if such rewards are promised on your Campaign. You are not responsible for giving Rewards to Project Supporters on projects created by other Campaign Creators such as NGO Partners (in cases where the NGO Partner is the Campaign Creator).

 

Campaign Creators are solely responsible for marketing their campaign through various online & offline channels. 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 INCROWD.IN branding and logo guidelines, such may be according to the guidelines prescribed by INCROWD.IN in cases marketing collaterals are contracted with the Campaign Creators /Fund Raisers.

 

Campaign Creators or NGO Partners shall not, directly or indirectly, run or be associated with any other fund raising campaigns on any other platform whilst a fund raising campaign is live on the Website, for the same project.

 

Once the funds required for a particular cause have been received in full, Campaign Creators will not be allowed to raise a separate new campaign/fundraiser for the same cause.

 

INCROWD.IN reserves the right to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. INCROWD.IN is not liable for any damages as a result of any of those actions.

 

  1. SPECIFIC CONDITIONS FOR PROJECT SUPPORTERS

 

    1. Contributions to a Project can be made by Project Supporters by clicking on the Donate/ Contribute buttons available on the page of fundraisers on the Website and following the necessary steps provided therein.

 

    1. A contribution is a voluntary payment made by a Project Supporter to a Campaign running on the Website. Neither does the Project Supporter make the contribution for any monetary returns like equity or profit share in the Campaign, nor is his/her contribution considered a loan to the Project or its Campaign Creator.

 

    1. Your contributions will go to a CampaignCreator where the Campaign belongs to the Campaign Creator and directly to the NGO Partner where the Campaign Creator is raising funds for the NGO Partner and will be utilized in the form as prescribed in the Campaign. INCROWD.IN only acts as the facilitator platform which helps You in starting the fundraiser for a Campaign and receive monies for a Campaign. ­­INCROWD.IN and the payment gateway will deduct their administrative costs or service fees and applicable taxes before providing the funds to the Campaign Creator/NGO Partner.

 

    1. You can donate / contribute to any Campaign created by a Campaign Creator on the Website using a number of payment methods including but not limited to credit or debit cards, cheques, and cash.

 

    1. As a Project Supporter, You agree to have sufficient funds or credit balance whilst making a contribution for a fund raiser. You may note that information such as credit and debit card related details are not provided to the Website by the online payment gateway, nor are such details stored by the Website. Thus, your financial details remain confidential. INCROWD.IN as a platform is under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the cardholder having exceeded the present limit mutually agreed by us with our acquiring bank from time to time.

 

    1. As a Project Supporter, You hereby authorize the Website to provide Campaign Creators with your name, contact and other relevant details for the purpose of delivering rewards, if any, or for the purpose of contacting You regarding queries or updates regarding the relevant funded project. You also authorize the Website to publish Your name and image (if logged in through Facebook/Twitter/Google) on the ‘Contributor’ section of the campaign that is funded by You. However, You can choose to be “Anonymous”, if You don’t wish to make your name public.

 

    1. Although Website allows Project Supporters to elect to be shown as anonymous, Website payment gateway providers, and the chosen Campaignbeneficiary will know of Your true identity.

 

    1. By providing your contact details, You agree to receive regular updates about the future Campaign on the Website through newsletters. You can always choose to unsubscribe if You do not wish to receive the Website’s newsletter and other notifications.

 

    1. You agree and acknowledge that You are aware that INCROWD.IN has no responsibility to verify the accuracy of any statement and/or information furnished by the Campaign Creator with respect to any Project pursuant to which the Project Supporter has made a contribution. As a Project Supporter, You are free to conduct an independent due diligence with respect to any information/campaign listed by the CampaignCreator before making any donations on the Website. INCROWD.IN shall not be responsible in any manner for any misrepresentation and/or false information that may be listed on the Website.

 

  1. KNOW YOUR MODERATOR

 

The Website provides for having a chat forum, which will be a live online real time chat widget. The forums and chat rooms are moderated by volunteers. While they may not have answers to all your questions, moderators are here to help in any way they can, to clear your apprehensions and doubts to the best of their knowledge and ability. The moderator can easily be spotted in a chat forum, as their profile will clearly indicate that they are the designated and assigned moderator for the specific chat forum.


Moderators have the right to edit or remove posts without prior notice at their discretion. If You have a question for a moderator on a decision, You can email them and discuss it privately. They may not see things the same way You do, but they are open and approachable.

 

Users that do not abide by the rules may be subject to having their posts edited or deleted, their member account permanently banned from further access and/or deleted without prior notice. We strongly recommend You to read these User T&C carefully and from time to time, as they may be changed or altered or updated without prior notice or intimation.

 

The Service(s) and the Website are provided for your personal, and non-commercial use only.

 

You agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, perform, make available to third parties or circulate the Website or any material, Content through the Website, or to exploit any such Content for commercial purposes without the express prior written consent of INCROWD.IN.

 

  1. PAYMENT POLICY

 

Some of the Service(s) are on chargeable basis, INCROWD.IN offers You multiple payment options available online for availing the Services provided to You. However, INCROWD.IN reserves its right to add or delete any mode of payment without any prior notice. The Service(s) are offered and made available only to Users who are lawful owners of the specific mode of payment selected by You, or, at the responsibility of such owners and have the necessary authorization for using, the Website and for making payments through or in connection with the use of the Service(s). If You are not such a user, please discontinue the registration process and desist from using the Services immediately.

 

The online payment mode includes credit cards, debit cards, net banking, e-wallet etc. We accept payments made by most of the major credit/debit cards issued in India. Acceptance of card payment is at the sole discretion of INCROWD.IN. However, INCROWD.IN reserves its right to deny acceptance of card payment without any prior notice.

 

While availing any of the payment method(s) available on the Website or on the Website we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

 

  1. Lack of authorization for any transaction/s; or
  2. exceeding the present limit prescribed for respective payment option (debit card/credit card) which is mutually agreed by You and your issuing bank; or
  3. any payment issues arising out of the transaction which may include an internet connection failure, loss of power supply to the electronic source by which You are accessing the Website; or
  4. decline of transaction for any other reasons’ whatsoever.

 

INCROWD.IN will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on You and the onus to prove otherwise shall be exclusively on You. All information collected by us shall be governed as per our Privacy Policy. INCROWD.IN will not be responsible for any transactions You make for using any of your Service(s). All claims and complaints for any failed or incorrect transactions must be directed to our payment processing partners and/or your bank (as the case may be).

 

INCROWD.IN 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 purchases of Service(s) on Application by You shall be in Indian Rupees only (“INR”). The Website or the payment gateways associated with it will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Application.

 

You represent and confirm that the credit/debit card that is being used is Yours and/or if using somebody else’s card, therewith the lawful owner/bearer of the card has lawfully authorised You to enter into such transaction. You further agree and undertake to provide the correct and valid credit card or debit card details to carry out a transaction on the Website. All credit / debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery of payment which may arise as such would be extenuating factors which are outside the purview of our direction or control. You further acknowledge that INCROWD.IN will not be liable for any damages, interests, claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond the control of INCROWD.IN.

 

INCROWD.IN reserves the right to impose limits on the number of transactions which INCROWD.IN may receive from an individual valid credit / debit / valid bank account and reserves the right to refuse to process transactions exceeding such limit.

 

 

  1. REFUNDS AND CANCELLATIONS

 

All donations/contributions made through INCROWD.IN are non-refundable. Please contact our customer service email at [contactincrowd@gmail.com] immediately and/or before the maximum period of seven (7) days from the date of payment, provided there are extenuating circumstances and your case may be reviewed at our discretion as we may deem fit.

 

INCROWD.IN may delay notifying the payment / transaction confirmation or a donation, if INCROWD.IN believes the transaction to be suspicious, fraudulent. In addition, INCROWD.IN may withhold the donation amount and inform the appropriate law enforcement authorities (instead of refunding the same to Project Supporter) at the request of such law enforcement officials or in the event the Project Supporter or NGO Partner for that matter, is engaged in any form of illegal activity.

 

INCROWD.IN may refund Your monies in the following circumstances provided You inform your banking partner/ payment facilitator (in case of e-wallets) from where the payment has been made and INCROWD.IN of the unauthorized payment as soon as possible. Furthermore, You are obliged to regularly update us of any necessary communication, follow-ups and their apparent result or resolution or solution arrived at your earliest convenience, time to time.

 

The result of the necessary investigations in relation to Your complaint establishes You are entitled to a refund provided that:

 

  1. You allege that the payments made were the result of alleged forgery of Your account because of which the payment gateway provider or its associated banks rejects the transaction and/ or claim the refund of monies from INCROWD.IN; or
  2. any contribution which is of a dubious nature, made by a contributor on a card which is not a valid card; or
  3. any contribution arising out of any alleged hacking, breach of security or encryption (if any) of the account/ password of the contributor.

 

  1. CHANGES TO TERMS OF USE

 

We reserve the right to modify them at any time, and without actual notice to you. All such changes to these User T&C will appear on the Website.

 

By using this Website following any modifications to these User T&C, you agree to be bound by any such modifications to these User T&C. If any changes to these User T&C are unacceptable to you, you must discontinue use of the Website. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Website, including for any violation of any provision of these User T&C. We also reserve the right to change the Website without notice to you, at any time.

 

  1. PROHIBITED USE

 

While using this Website or the Services, You shall not host, display, upload, modify, publish, transmit, update or share any information that:

 

    1. belongs to another person and to which You don’t have any right;
    2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    3. harm minors in any way;
    4. infringes the intellectual property or intellectual property rights in the Website, its technology and/ or its Services;
    5. infringes any intellectual property rights of any third party;
    6. violates any law for the time being in force;
    7. deceives or misleads the addressee about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
    8. use the Website or its Services to defame, abuse, solicit, harass, stalk, threaten or otherwise violate the legal rights of any person;
    9. impersonate another person;
    10. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
    11. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
    12. engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any person;
    13. reverse engineer, decompile, disassemble, copy, reproduce, distribute, sell, modify, transmit, perform, publish or create any derivative work from or in any way exploit the Website or its Services for any commercial purpose without express written consent of INCROWD.IN or as permitted by the User T&C;
    14. store and/or display and/or publish any adult or offensive content, which without limitation includes pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult content" is left entirely to INCROWD.IN discretion;
    15. attacks or attempt to gain unauthorized access to servers and services that belong to INCROWD.IN (i.e. computer hacking) or engage in any network abuse; and,
    16. participate in a behaviour which affect users' access to the Website or Service.

 

  1. USER REGISTRATIONS

 

In order to access and use the Content, You are required to create a user account with the Website by registering your email address and details with us.

 

While creating an account, You should not use as User ID any name or term that (i) is the name of another person, with the intent to impersonating or representing that person; (ii) is subject to any rights of another person, without proper authorisation; or (iii) is offensive, vulgar, obscene or is immoral, and/or which are defamatory in nature or which may hurt the sentiments any person, caste, community, race, sex or country.

 

INCROWD.IN reserves the right, in its sole discretion, to refuse registration or cancel registration at any time and for any reason.

 

You are responsible for maintaining the confidentiality of your username and password as well as for all activities that occur under your username and password. INCROWD.IN shall not be responsible for the loss of your password. While INCROWD.IN automated engines may assist you in recollection or retrieval of your password, INCROWD.IN does not warrant that your password will be retrieved.

 

If You provide any information that is untrue, inaccurate, not current or incomplete or if INCROWD.IN has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms, INCROWD.IN has the right to indefinitely suspend or terminate your account with INCROWD.IN and refuse to provide You with access to the Website or other Services offered by INCROWD.IN.

 

You are responsible for all the content that You post on the Website and must ensure appropriateness and conformity to the User T&C and applicable laws.

 

You may deactivate your account at any time You desire, in which case your profile information, including your name, contact details and profile picture uploaded by You, will be deleted from our database in reasonable due course upon deactivation. You also understand and agree that though You may delete your account or some information from your account, the same may still appear in some online searches and/ or by third parties or search engines. INCROWD.IN has no control over the search results that show up in such third party engines or websites.

 

You should not create more than one personal profile. If You have created more than one login or multiple logins then INCROWD.IN reserves the right to delete or disable such additional, or all logins, at its sole discretion. Further, You should not share your password, let anyone else access your account, or do anything else that may jeopardize the security of your account and the information provided thereunder.

 

The account created by You is personal to You and is not transferrable, assignable and cannot be transferred or operated or given control to any third party.

 

  1. LINKED SITES

 

The Website may provide You such links for your convenience only and has no control over the linked sites. The Links may be of the websites owned by the Affiliate(s) or owned by third parties, which may be governed by separate terms and conditions of usage. We do not maintain, sponsor or recommend any third-party applications, nor do we assume any responsibility for them or their content or accessibility. In particular, we shall not be liable for any infringement of intellectual property rights of any person, or any information or opinions on third party applications. Your use of those linked sites, mobile software applications, and services are subject to the terms of use and Privacy Policies of each such site and service(s) (in addition to this User T&C and the Privacy Policy).

 

  1. USE OF GOOGLE ANALYTICS & GPS

 

The Website uses Google Analytics, a web and mobile analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your device, to help analyze how users use the Website application.  The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Google on servers in the United States or India or Cloud. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on Website activity for operators and providing other services relating to Website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. By using this Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

 

  1. INFORMATION SECURITY

 

We are committed to safeguard the security and confidentiality of any information You provide to us. We understand that You accept the inherent security implications of providing information over the internet and will not hold us responsible for any breach of security or disclosure of personal information. If You become aware of any problems with the security of data or the website, please contact us immediately. However, the users hereby authorise and consents to the collection, storage and use, by INCROWD.IN and its Affiliates, partners, of any information and data related to or derived from Your use of the Website, and any information or data that Users provide to INCROWD.IN and its Affiliates, partners and licensors ("Information"). Notwithstanding the foregoing, the User’s personally identifiable information will be used only in accordance with the Privacy Policy and to the extent permitted under applicable laws. Such Information will be treated as being non-confidential and non-proprietary, and INCROWD.IN assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction.

 

  1. ADVERTISING MATERIAL

 

Some part of the Website may contain advertising information or promotion material or other material submitted to INCROWD/Invoglobe by third parties. Responsibility for ensuring that the material submitted for inclusion on Website complies with applicable law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers or including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website. We reserve the right to omit, suspend or change the position of any advertising material submitted for insertion.

 

  1. TYPORAPHICAL OR OTHER ERRORS

 

While We take reasonable care and skill to provide information which is accurate and up to date when first included on the Website, typographical and other errors may nevertheless occur. We do not undertake to update or correct such information and reserve the right to modify, delete and rearrange any or all of the contents of this Website at any time without notice to You. While We make reasonable efforts to prevent unauthorized tampering with the Website, We do not guarantee that our efforts will always be successful. Therefore, as set out below, we do not warranty that the Website materials will be error-free, and disclaims any liability for such errors.

 

  1. DATA PRIVACY

 

This Website’s Privacy Policy [Add Hyperlink to Privacy Policy]governs our collection, use, and disclosure of your personal information and isincorporated into these User T&C. Please read it carefully. It describes what information We collect from You and when, how and why We may create an account for you, who we share your information with and when and how You can opt-out or delete your account. This is important information. By providing your personal details and by using our Website, you consent to our Privacy Policy.

 

  1. COPYRIGHTS AND TRADEMARKS

 

Invoglobe Technologies (OPC) Private Limited is the owner and the operator of the Website/ INCROWD.IN in the Indian territory & internationally. Furthermore, it is responsible for maintaining the Website and providing for the technical support for the same. The terms "Invoglobe", "Company", "we", "our", and "its" when referring to these entities are used only for convenience and are not intended to be an accurate description of ownership, operation or corporate/legal relationships.

 

All materials herein and all Invoglobe software are proprietary to Invoglobe and protected by the Intellectual Property Laws in India. Except as stated herein, none of the materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of the Invoglobe.

 

You acknowledge that Invoglobe, is the owner of all applicable patents, trademarks, copyrights (including, but not limited to, selections, collections, compilations, and arrangements), and other intellectual property rights thereto.

 

All Content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of INCROWD.IN, its Affiliates or its content suppliers and is protected by the appropriate Intellectual Property Laws.

 

No part of the contents of this Website and may be modified, transmitted, or otherwise used without our express permission except as provided herein.

 

Unless specifically requested, INCROWD.IN does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from You. By submitting or sending information or other material to Us You represent and warrant that the information is original to You and that no other party has any rights to the material. By submitting or sending information or other material to Us You grant Us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted materials have been waived. You agree and acknowledge that by using this Website, any and all communications and/or information transmitted by You to or through the Website will not be treated as confidential or proprietary. You agree to defend, indemnify and hold Company, and each of its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website or the placement or transmission of any message, content, information, software or other materials through the Website by You.

 

  1. DISCLAIMER OF WARRANTIES

 

WE MAKE NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEBSITE MATERIALS. WE PERIODICALLY AMEND, CHANGE, ADD, DELETE, UPDATE OR ALTER THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE USER T&C, AT THE WEBSITE WITHOUT NOTICE. FURTHER, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE. WE SPECIFICALLY DISCLAIM ANY DUTY TO UPDATE THE INFORMATION ON THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED ON THIS WEBSITE.

 

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

 

  1. LIMITATION OF LIABILITY

 

Use of the Website is at your sole risk. While we make reasonable efforts to ensure the safety and functionality of our Website, these efforts may fail and errors may occur. IN NO EVENT SHALL INVOGLOBE OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE (OR THE CONTENT PROVIDED AT THIS WEBSITE ON ANY APPLICATION RELATED TO ANY THIRD PARTY), OR USERS' INABILITY TO USE THE CONTENT CONTAINED IN THIS WEBSITE (OR ANY OTHER APPLICATION), ON ANY THEORY OF LIABILITY. WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS WEBSITE. THESE WAIVERS APPLY EVEN IF INVOGLOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO US FOR ACCESSING THIS WEBSITE.

 

  1. INDEMNIFICATION

 

You agree to defend, indemnify and hold Invoglobe, and their respective employees, agents, contractors, officers, directors, successors, assignees, and any of its affiliates harmless including any other persons involved in the creation of the Website for all liabilities, claims, damages, losses and costs including without limitation attorneys’ which arise out of or relate to your use of the Website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of these User T&C.

 

  1. CONSENT TO ELECTRONIC COMMUNICATIONS AND TRANSACTIONS

 

By clicking the ‘I Agree’ button, You consent to conduct transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by You when we send the electronic communication to the email address / mobile number that as per our records, or when we post the electronic communication on the Website.

 

  1. TERMINATION

 

We shall have the right immediately to terminate this contract with You and your use of the Website, if we determine in our sole discretion that You have breached any of these User T&C or otherwise been engaged in conduct which we determine in our sole discretion to be unacceptable. Upon termination or expiration of these User T&C, your obligations and our rights and disclaimers survives, but your right to use the Website immediately ceases. Any express waiver or failure to exercise promptly any right under these User T&C will not create a continuing waiver or any expectation of non-enforcement.

 

  1. REDRESSAL OF GRIEVANCES

 

In the event, You have any complaint(s) pertaining to Services provided through this Website, or if You have any complaints or concerns with regards to content of the Website or wish to report any abuse of applicable laws, User T&C, or if any content of the Website is in violation of your rights or if the Services through the Website is in violation of Rule 3 of the Information Technology (Intermediary Guidelines) Rules, 2011, then You may immediately email us at [contactincrowd@gmail.com] and provide the following details:

 

  1. your name and contact information including email, address, and telephone number where You can be contacted if required;
  2. identify the content alleged to be in infringement of your rights as the rightful owner or affecting You prejudicially;
  3. give a declaration cum undertaking along with necessary documents establishing You (i) as the rightful owner of the content to be disabled/ affecting You prejudicially, (ii) as an affected person, stating that the information submitted is true, complete & accurate and no material fact has been hidden, and also stating that INCROWD.IN, its Affiliates, Directors, employees, including Grievance Officer shall not be liable for any loss or damage or claim for relaying on such requests.

 

  1. GENERAL TERMS

 

  1. Applicable Law:This User T&C shall be a legally binding agreement between User and Us and shall be governed by and interpreted and construed in accordance with the laws of India. Notwithstanding the foregoing, We reserve the right to pursue any action or claim against User in any court of competent jurisdiction which we believe is the most appropriate to seek any relief. Subject to the arbitration provision herein, the courts at Mumbai, India shall have exclusive jurisdiction over any claims or matters arising out of these User T&C.

 

  1. Force Majeure: In no event shall INCROWD.IN be liable for any acts beyond its control or for any acts of god.

 

  1. Modification of Services: We reserve the right to modify or discontinue (completely or in part) our Website, Services, or any content appearing therein. We will not be liable to You or any third party if we exercise this right.

 

  1. No Waiver: Our failure to exercise or enforce any right or provision of these User T&C will not be deemed to be a waiver of such right or provision.

 

  1. No Third-Party Beneficiaries or Rights: These User T&C do not create any private right of action on the part of any third party or any reasonable expectation that the Website or Services will not contain any content that is prohibited by these User T&C.

 

  1. Notices: Any notices or other communications that You wish to send to us may be addressed to the attention of [archita pocharna ] at [] (contactincrowd@gmail.com) or [] (B 102 crystal plaza oppo infinity mall Andheri west 400053).

 

  1. Assignment: You may not assign or otherwise transfer your rights or obligations under these User T&C. We may assign our rights and duties under these User T&C without any such assignment being considered a change to these User T&C and without any notice to You.

 

  1. Dispute between Campaign Owners and Project Supporters: INCROWD.IN 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 Website. This includes, but is not limited to, delivery of services and any other terms, conditions, warranties, or representations associated with campaigns on the Website. You hereby release the Website, INCROWD.IN, 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 offered by third party accessing the Website.

 

  1. Dispute Resolution: Any dispute relating in any way to your visitingthe Website or to availing Services on the Website (other than disputes between You and third parties as contemplated in clause 20.8) shall be submitted to arbitration in Mumbai, India, except that, to the extent You have in any manner violated or threatened to violate this Website’s intellectual property rights, We may seek injunctive or other appropriate relief in any court in India or internationally, and You consent to exclusive jurisdiction and venue in such courts. The arbitration contemplated under this clause shall be conducted by a sole arbitrator to be appointed by mutual consent of both Parties in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The seat of arbitration shall be in Mumbai, India and the entire proceedings shall be in English language. The award of arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration pursuant to this clause shall be joined to an arbitration involving any other party subject to these User T&C, whether through class arbitration proceedings or otherwise.

 

  1. Changes and Severability: We reserve the right to make changes to our Website, policies, and these User T&C at any time. If any provisions of these User T&C shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.

 

  1. Feedback: We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at [contactincrowd@gmail.com].

 

 

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