Touch A Life Foundation Inc., (“TALGiving”) maintains this website and its mobile applications (collectively, the “TALGiving”) as a service to: its visitors; its clients who create websites (“Client Websites”) using TALGiving services (“Services”) through a separate Services Agreement (“Clients”); and visitors to Client’s Websites, (visitors, Clients, and visitors to Client’s Websites are collectively referred to as, the “Users” and individually as “User”).
We reserve the right, at our sole discretion, to change or modify parts of these Terms of Service at any time. When we do this, we will post the revised Terms of Service on this page and will indicate the date of such revision.
Use of the Site or the Service is void where prohibited. This Site is intended for users who are thirteen (13) years of age or older. If you are under the age of 13, you must use this site with adult supervision. By using the Service or the Site, you represent and warrant that you are 13 or older, and that you agree to and to abide by these Terms and Conditions.
ACCESS AND USE OF THE SERVICES
TALGiving Services Description: The TALGiving Services are offered as a platform to allow an individual, entity or charity (the “Campaign Organizer”) to post a fundraising request (“Campaign”) to the TALGiving Platform to accept monetary donations (“Donations”) from donors (“Donors”) and also offered as a platform to enable a Campaign Organizer to accept Donations from Donors for a charitable purpose.
Payment Processor Fees: Verified credit or debit cards, net-banking, bank transfers, cheque, prepaid instruments such as wallets, Unified Payment Interface or cash – will be allowed. In case of cash payments, all payments above INR 24,999 have to be furnished with the Permanent Account Number of the contributor in case of India. Cash payments are accepted for Indian residents only.
In order to contribute to a Campaign or to a Charity, You, as a Donor, represent and warrant to TALGiving that all information, including information related to credit cards other payment instrument, you provide to TALGiving is true. You are authorized to use the payment instrument. You agree that a certain minimum Donation amount may apply, and subject to the refund policy, that all Donation payments are final and cannot be refunded. Donors may have the option to contribute recurring period Donations, and in electing to contribute on a recurring basis, you, as a Donor, (i) agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur and to pay the Donation amount that you specify, and (ii) hereby authorize TALGiving to bill your payment instrument in advance on a periodic basis until you terminate such periodic payments through the Platform.
TALGiving shall transfer payments, net of its costs, charges and fees into the bank account details designated by the Campaign organizer during the fund withdrawal process. Once TALGiving has made transfers into the designated bank account, TALGiving shall be discharged of any/all liability towards the Campaign organizer, Champion, Beneficiary, Recipient and contributors/donors and the Campaigner, Champion, Beneficiary, Recipient, donors, and contributors shall not be eligible for any claims and/or refunds thereof.
- The Purpose, has been clearly declared on the fund-raising page, and you have clearly understood the project and the utilization of funds.
- Your donations will be transferred to the Recipient, and will be utilized for the benefit of the Beneficiary.
- TALGiving 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 the contributions to the project. You understand that the fees are towards web hosting, marketing, and promotion, and that TALGiving is only facilitating in collection of the fees on behalf of the owners of the Platform.
The Services are platforms; The Services are administrative platforms only. TALGiving facilitates the Campaign of the Campaign Organizers and permits Donors to make donations to these Campaign Organizers.
All information and content provided by TALGiving relating to the Services is for information purposes only and TALGiving does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to serve as financial, legal, tax or other professional advice. Before making any decisions regarding any Campaigns, Charities, Donations, Donors or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk. TALGiving has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all. We do not endorse any Campaign, User, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any User, Campaign or event.
No Solicitation: TALGiving is offered to help Campaign Organizer’s raise money. TALGiving merely provides the technology to allow fundraisers to connect with Donors. The existence of the Services is not a solicitation of donations by TALGiving, and TALGiving does not engage in any solicitation activities or consult on the solicitation of contributions from the public, on behalf of any individual, entity or organization. By using the Services, you understand and agree that TALGiving shall not be responsible for the use of your donations or the amount of funds raised for the User, Campaign or event.
REGISTRATION, ACCOUNTS, PASSWORDS AND USE
Some of TALGiving’s Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, TALGiving will make them available for User to read through prior to User’s use of that Service. By using such Services, User agrees to the applicable Additional Terms.
User represents and warrants that the User Content does not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party and that User has paid and will pay in full any fees or other payments that may be related to the use of User’s User Content.
By posting, uploading or otherwise distributing the User Content on the TALGiving Site, User hereby grants (and represent and warrant that User has all necessary rights to grant) to TALGiving a perpetual, sub-licensable, transferable, world-wide, non-exclusive, royalty free, fully paid license to all User’s rights in the User Content (including moral rights) for all purposes, including but not limited to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, display, perform, or derive revenue or other remuneration from such User Content and incorporate such User Content into other works in any form, media or technology.
By providing User Content to the Sites or Services, User hereby permits TALGiving to identify User as the provider of such User Content in any form, media and technology.
User agrees that TALGiving has no liability or responsibility for the storage or deletion of any User Content that User submits or posts through the Sites or Services.
RULES AND CONDUCT
Any information; ideas or opinions posted by Users of the Service or TALGiving Site does not necessarily reflect TALGiving’s views. TALGiving does not assume responsibility for the accuracy of any information, ideas or opinions posted by Users and are not liable for any claims, damages or losses resulting from such information, ideas or opinions. When posting any information, materials or content or otherwise accessing the Sites or Services, User agrees that User will not:
- Harass, defame, intimidate or threaten another user;
- Interfere with another user’s rights to privacy;
- Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);
- Post any material that is obscene, offensive or indecent;
- Post any trademarks, logos, copyrighted material or other intellectual property without the authorization of the owner;
- Operate, conduct, or promote, directly or indirectly, raffles, lotteries or other similar gaming activities, whether for charitable purposes or otherwise;
- Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse);
- Use any means to “scrape,” “crawl,” or “spider” any web pages contained in the Sites (although TALGIVING does allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and TALGiving reserves the right to revoke these exceptions either generally or in specific cases);
- Recruit or otherwise solicit any User to join third party services or websites that are competitive to TALGiving, without TALGiving’s prior written approval;
- Use, display, mirror, or frame the Sites or any individual element within the Sites or Services, TALGiving’s name, any TALGiving trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without TALGiving’s express written consent;
- Access, tamper with, or use non-public areas of the Sites, TALGiving’s computer systems, or the technical delivery systems of TALGiving’s providers;
- Attempt to probe, scan, or test the vulnerability of any TALGiving system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TALGiving or any of TALGiving’s providers or any other third party (including another user) to protect the Sites or Services; or
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Sites or Services.
User must at all times use the Sites and the Services in a responsible and legal manner. In particular (but not exclusively) User must not do any of the following: misrepresent User’s identity or User’s affiliation with any other person or organization; send junk email or spam to people who do not wish to receive mail from User; delete or falsify any attributions, trademarks or designations of source from any website content; or interfere with or disrupt the service or services or networks connected to the Services or Sites; collect or store personal data about other users including email addresses without consent. User agrees that User will comply with all applicable local, state and federal laws, statutes and regulations regarding use of the Sites and Services.
All Donations are at your own risk. When you make a Donation through our Platform, it is your responsibility to understand how your money will be used. TALGiving is not responsible for any offers, promises, rewards or promotions made or offered by Users or Campaigns. We do not and cannot verify the information that Users or Campaigns supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a User or Campaign or in accordance with applicable laws.
DONEE (CAMPAIGN ORGANIZER)
You, as a Campaign Organizer, represent, warrant and covenant that (i) all information you provide in connection with a Campaign or Beneficiary is accurate, complete, and not likely to deceive reasonable Users; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide; (iii) you will not infringe the rights of others; (iv) you will comply with all relevant and applicable laws and financial reporting obligations, including but not limited to laws and regulations relating to registration, tax reporting, political contributions and asset disclosures for your project; and (vi) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize TALGiving reserves the right to provide information relating to your Campaign to Donors, beneficiaries of your Campaign or law enforcement, and to assist in any investigation thereof.
If you use the Services as an agent of a Charity using the services to raise funds for such Charity, you represent and warrant that: (a) you are a representative of the Charity, which representative is authorized to raise funds or bind the Charity to these Terms of Service; (b) you are raising funds for a Charity, with a cause or activity that is legal under all applicable federal, state, provincial, territorial and local laws and regulations; (c) all donated funds will be used solely for the purpose you have stated on and in connection with your Campaign, and under no circumstances may you use the funds for any other purpose;
All debit, credit cards are accepted, along with PayPal (USA) and users receive receipt with payment mode chosen. No information or data on cards will be stored. (But, in future, we have plans to). These are common payment process for every user type.
INTELLECTUAL PROPERTY RIGHTS
Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other intellectual property rights and laws. Except as expressly authorized by TALGiving, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services, the Services Content, or Content, in whole or in part. The foregoing does not apply to your own User Content that you upload to the Services legally. In connection with your use of the Services, you will not engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. If you are blocked by TALGiving from accessing the Services (including by having your IP address blocked), you agree not to implement any measures to circumvent such blocking (e.g. by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of TALGiving, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by TALGiving.
Notice of Copyright Infringement
TALGiving respects the intellectual property rights of others. Please notify TALGiving in writing, by e-mail or mail to email@example.com, if you believe that a user has infringed your intellectual property rights. To be effective the notification should include:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit TALGiving to locate the material on the Sites or Services;
- information reasonably sufficient to permit TALGiving to contact you, such as an address, telephone number, and, if available, an e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- your physical or electronic signature.
You acknowledge and agree that upon receipt and notice of a claim of infringement, TALGiving may immediately remove the identified materials from the Sites and Services without liability.
User’s account will be terminated if, in TALGiving’s discretion, User’s determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
DEALING WITH THIRD PARTIES
The TALGiving Site may provide links to or frame third-party websites or services and may link user automatically to sponsors’ or third party’s websites or services. TALGiving provides such links and framing solely for the convenience of users. TALGiving does not review or endorse, and are not responsible for, any content, advertising, products, services or other materials on or available from such websites or services. User assumes full responsibility for User’s use of third-party websites or services. User’s interactions with organizations or individuals found on or through the Sites and Services are solely between User and such organizations or individuals. User should make whatever investigation User feels necessary or appropriate before proceeding with any interaction with any of these third parties. User agree that TALGiving is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between Users, or between Users and any third party, User understands and agrees that TALGiving is under no obligation to become involved. In the event that User has a dispute with any other User, User hereby releases TALGiving and its affiliates, and their officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Sites and Services. If USER IS a California resident, USER waiver California Civil Code Section 1542, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
EXCLUSION OF WARRANTY
User uses the sites and services at user’s own risk. The sites, services, and the contents therein and/or the content provided by TALGiving, are provided “as is” and “as available”, and, to the fullest extent permitted by applicable law, all warranties, express or implied, are disclaimed, including but not limited to, any implied warranties of merchantability, quiet enjoyment, non-infringement and fitness for a particular purpose.
In particular, TALGiving and its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, and licensors (referred to collectively as “affiliates”) make no representations or warranties about the accuracy or completeness of content available on or through the sites or services (including, without limitation, any recommendations or other content available on or through the sites or services), or the content of any websites or resources linked to or framed on the sites or services. TALGiving and its affiliates will have no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from user’s access to or use of the sites or services; (c) any unauthorized access to or use of TALGiving’s servers or of any personal or financial information; (d) any interruption of transmission to or from the sites or services; (e) any computer viruses or malicious code that may be transmitted on or through the sites or services; or (f) any loss or damage of any kind incurred as a result of the use of any functionality or content posted, e-mailed, transmitted, or otherwise made available on or through the sites or services.
TALGiving and its affiliates do not warrant, endorse, guarantee, or assume responsibility for any third party product or service recommended, advertised, or offered on or through the sites or services or any linked or framed website.
LIMITATION OF LIABILITY
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incident TALGiving or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to User. To the extent TALGiving may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of TALGiving’s liability will be the minimum permitted under such law.
ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS
If User demonstrates that the costs of arbitration will be prohibitive as compared to the costs of litigation, TALGiving will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
Neither User nor TALGiving may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only User and/or TALGiving’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration User and TALGiving each waive any right to a jury trial.
At TALGiving, we respect the privacy of our users. For details please see our Privacy Notice. By using the Services, you consent to our collection and use of personal data as outlined therein. If you are in Europe, by using the Services, you acknowledge TALGiving’s collection and use of personal information as described in the Privacy Notice.