Swabhiman: State disAbility Information and Resource Centre is a Non-Profit Organisation registered as a society under the Societies Registration Act, 1860 with its head office based at A/98, Budha Nagar, Bhubaneswar-751006, Odisha, India.
1.2 The use of the Website is not permissible to persons who are incompetent of entering into a legally binding contract under the Indian Contract Act, 1872.
2.4 In addition, certain Services shall be subject to additional terms applicable to them and these terms will be specified along with them.
3.1 The Services provided by Swabhiman’s Website include, but are not limited to, providing a dedicated chat/support desk, permitting you to make donations, solicit donations, applying for jobs, internships and fellowships with us and create a user account (“User Account”) (on an invite basis only). The Services are offered to the users, which may include Beneficiaries, Recipients and Donors (each defined herein) and other users of the Services (which may include users who interact with the Website or Services).
3.2.1 Here, a “Donor” is and individual, an organisation or any entity that gives Donations for the projects and campaigned undertaken by Swabhiman.
3.2.2 A “Beneficiary” is an individual, a group of individuals, or any entity that benefits from the Donations.
3.2.3 A “Recipient” includes an individual or an entity that is permitted and authorised by the Beneficiary through written means to receive the Donations on behalf of the Beneficiary.
3.2 Swabhiman usually campaigns on its own Website using its IT Infra. However, it may partner with third party organisations including GiveIndia, Ketto, Milaap, GlobalGiving and Facebook fundraisers for fundraising for some of the campaigns and projects undertaken by it. In such a case, the details will be specified on the Website.
3.3 The website serves as a platform for enlisting such projects and giving a platform for the Donors wishing to contribute in the funds with monetary donations (“Donations”) and for the Beneficiaries and Recipients (hereinafter defined) seeking such grants.
4.1 As a charitable institution receiving the Donations, we realise our responsibility towards ensuring transparency and hence, undertake that:
4.1.1 We have the necessary regulatory permissions to receive funds outside India including Foreign Contributions Registration Act (FCRA), and other permissions mandated by regulatory authorities;
4.1.2 The way the funds are being utilized for the projects shall be quarterly audited and updated on the Website for the knowledge of the general public;
4.1.3 We shall timely address queries of the Donors pertaining to utilisation of their funds through e-mails; and
4.1.4 We have all the necessary approvals and are eligible to issue tax-deduction receipts to our Donors, who make contributions in Indian Rupees, under Sections 12A and 80G of the Income Tax Act, 1961.
5. Modification, Suspension and/or Cancellation
5.1 We reserve the right to amend, suspend, discontinue or withdraw the Website and/or any content or the Services provided on the Website without prior notice. We shall not be liable if for any reason all or any part of the Website is unavailable for any period at any time. We may restrict your access to some parts of the Website, or the entire Website, from time to time. For this, we shall not be liable to you or any third party.
6.1 User Accounts shall be required to be made only on an invite basis. We shall not approve the User Accounts of any such persons trying to register without being invited.
6.2 However, it is not mandatory to have a User Account in order to access the Services. You may be required to register your information in different forms provided on the Website along with different Services in order to access and use these respective Services. If you register for a User Account or if you register in any form on the Website to avail the, you acknowledge and agree that:
6.2.1 You shall provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form of the Services;
6.2.2 In case of any change in the personal information, including but not limited to change in the contact details, you shall duly notify or update us about such change to ensure that the information is up-to-date;
6.2.3 You warrant that you have all rights on the information you provide Swabhiman;
6.2.4 The User Account is for your personal use only and shall not be transferred to any third party;
6.2.5 You shall be exclusively responsible for the security and confidentiality of your User Account;
6.2.6 You shall be solely liable for use of the Website and the Services through the User Account, with or without your knowledge;
6.2.7 You shall promptly notify Swabhiman if you learn of any unauthorized use of your User Account; and
6.2.8 We shall not be liable for any loss or damage arising from your breach of this clause.
7. Third Party Services
7.1 Certain aspects of the Services may also require you to agree with the terms and conditions of third party service providers that we partner with (e.g., payment processors or charitable donation processors) and register with them, in order to utilize such Services. We may help facilitate such registration in some cases, however, we shall not disclaim any responsibility or liability for the performance by such third-parties.
7.2 We may require to exchange information with such third party services in order to facilitate the provision of Services (and related third party services). We shall strive to protect the integrity of such information to the best of our ability.
8. Intellectual Property Rights
8.1 The Website and all its content and material, including but not limited to all the information, software, text, displays, images, videos, audios, its design, plans, projects, selection, and the arrangement thereof (“Intellectual Property Rights”) are owned by the Organisation, its licensors, or other providers of such material and are protected by Indian and international intellectual property or proprietary rights laws.
8.2 You shall use the Website for your personal, non-commercial use only. However, you must not reproduce, modify, create derivative works of, publicly display, publicly republish, download, store, distribute, or transmit any of the Intellectual Property Rights, partially or wholly, except as follows:
8.2.1 You may republish or reproduce such Intellectual Property Rights only when expressly permitted by Swabhiman in writing for such use. You shall be obligated to give written credits to Swabhiman for such Intellectual Property Rights and provide links to the Website or corresponding social media handles of Swabhiman;
8.2.2 You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use but under no circumstance shall you further reproduce, publish, or distribute it; and
8.2.3 If we provide applications for download in the future, you may download a single copy of it to your desktop or mobile device solely for your own personal, non-commercial use, provided you agree to be legally bound by our end user license agreement for such applications.
9.1 Swabhiman’s name, logo, and all other related names, logos, products and the names, designs, and slogans of the Services are its trademarks or of its affiliates or licensors (“Trademarks”).
9.2 You must not use the Trademarks without the prior written permission of Swabhiman. All other names, logos, products, service names, designs, and slogans on this Website are the trademarks of their respective owners and shall be respected as well.
10. Prohibited Uses of the Website
10.1 This Website shall be used only for lawful purposes. You agree not to use the Website:
10.1.1 To impersonate or attempt to impersonate Swabhiman, any of its employees, any other user of the Website, or any other person or entity (including, without limitation, by using the email address(es) associated with any other person, organisation or entity);
10.1.2 In any way contrary to any applicable law or regulation;
10.1.3 For the purpose of exploiting, abusing or mistreating or attempting to exploit, abuse or mistreat minors in any way by exposing them to inappropriate content, or asking them for personally identifiable information, or otherwise;
10.1.4 To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “spam,”, communication or solicitation designed or intended to obtain password, account, or private information from any user, or any other similar solicitation; or
10.1.5 To restrict or inhibit anyone’s use or enjoyment of the Website in any way which, as determined by us, may harm Swabhiman, or the users of the Website.
10.2 Additionally, you agree not to:
10.2.1 Use the Website in any manner that could disable, overburden, or in any way damage, or impair the Website or interfere with any other party’s use of the Website;
10.2.3 Interfere with the proper working of the Website by use of any device, software, or routine;
10.2.4 Introduce any viruses, Trojan horses, worms, logic bombs, or other components that are malicious or technologically harmful;
10.2.5 Attempt to gain unauthorized access to, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
10.2.6 Attack the Website through a denial-of-service attack or a distributed denial-of-service attack; or
10.2.7 Attempt to interfere with the proper working of the Website in any other way.
11. User Contributions
11.1 The Website may provide interactive services such as chat desks, comment sections, personal profiles, forums, bulletin boards that allow its users to post, submit, publish, display, or transmit content or materials on or through the Website (“User Contributions”).
11.2 Any User Contribution that you post to the Website shall be implied as non-confidential and non-proprietary. By providing User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees and successors the right to use, republish, modify, perform, display, distribute, or disclose to third parties any such material for any purpose, in accordance with your user settings, if given the option.
11.3 You represent and warrant that you own or control all rights to the User Contributions and have the right to grant the license granted above to us and our affiliates, service providers, and each of their and our respective licensees and successors.
11.5 You acknowledge and undertake that you are liable for the User Contributions you submit or contribute, and you shall have full responsibility for such content, including its legality, reliability, accuracy, and veracity. Swabhiman is not liable to any third party for any such User Contribution.
12. Monitoring and Enforcement
12.1 Swabhiman reserves the right to:
12.1.1 Post, alter, remove or refuse to post any User Contributions for any or no reason in our sole discretion;
12.1.2 Disclose your identity or other relevant information to any third party who claims that the content posted by you violates their rights, including their intellectual property rights or their right to privacy;
12.1.3 Take appropriate legal action, including but not limited to referring to law enforcement, for any illegal or unauthorized use of the Website; and
12.2 If and when we are notified of allegedly infringing, defamatory, damaging, illegal or offensive conduct, we may investigate the allegation and determine whether to remove or request the removal of such User Contribution from the Website, at our sole discretion. However, we cannot ensure prompt editing or removal of such questionable User Contribution after it is posted/published online. Accordingly, Swabhiman shall not assume any liability for User Contribution or third party conduct, communication or information on the Website.
12.3 We shall lawfully comply with legal obligations or governmental requests and shall cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose, to the extent required, the identity or other relevant information of anyone making any Donations or posting any materials on or through the Website or otherwise accessing or using our Website.
12.4 You hereby irrevocably and unconditionally waive and hold harmless Swabhiman and its affiliates, licensees, and service providers from any and all claims, damages, liabilities resulting from any action taken by Swabhiman or any of the above mentioned parties during, or as a consequence of, investigations by any law enforcement authority.
13. Material Standards
13.1 The material standards (“Material Standards”) mentioned here in below shall apply to all the material (“Material”) including but not limited to the content of User Contributions, information entered in forms and any other use of interactive services. All such Material must in their entirety comply with all applicable central, federal, state, local, and international laws and regulations.
13.2 Without limiting the aforesaid, the Material must not:
13.2.1 Contain any material that is defamatory, pervasive, graphic, sensitive, obscene, indecent, abusive, offensive, harassing, violent, hateful, hurtful, inflammatory, or otherwise objectionable;
13.2.2 Promote pornographic or any sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
13.2.4 Contain non-consensual images or videos of persons;
13.2.5 Promote any illegal activity, or support, defend, promote, or assist any unlawful act;
13.2.6 Cause annoyance, inconvenience, mental discomfort, or is likely to upset, embarrass, alarm, or annoy any other person;
13.2.7 Be fraudulent, inaccurate, dishonest, misleading or cause misrepresentation;
13.2.8 Involve commercial activities such as sales, contests, sweepstakes, and other sales promotions, barter, marketing or advertising;
13.2.9 Give the impression that they emanate from or are endorsed by us or any other person or entity other than you, if this is not the case;
13.2.10 Propagate or preach a religion including but not limited to construction and/or consecration of religious symbols, institutions, events, organizing sermons, or any other activity that could be interpreted as a religious activity;
13.2.11 Promote hate, violence, harassment, discrimination or terrorism, or racial, ethnic, or gender intolerance of any kind; or
13.2.12 Is libel, slander, defamation by implication (not proven in the court of law) against any person, whether living or dead, or any organization.
14. Copyright Infringement
14.1 If you believe that any User Contribution violates your copyright, you may send us a notice in accordance to the procedure mentioned under the ‘Notice’ clause.
14.2 After verification, if we find that the User Contribution to be infringing your copyright, we shall terminate the User Account of such infringer and remove the infringing material.
15. Accuracy of the Information Posted
15.1 While we continually endeavour to ensure reasonable and material accuracy of the information provided on the Website, please note that the content of the Website may contain typographical errors or other inaccuracies.
15.2 The Website also contains content provided by third parties, including materials provided by our partners, Beneficiaries, Donors, Recipients, other users, bloggers, and third party licensors. We are not liable to you or any third party, for the accuracy of any materials provided by any third party.
15.3 Kindly note that although we update the content on the Website from time to time, its content may not necessarily always be complete or up-to-date despite our best efforts.
16. Terms of Donations
16.1 In order to contribute to a campaign or project, You, as a Donor, represent and warrant to Swabhiman that:
16.1.1 all information, including information related to credit cards other payment instruments, you provide to Swabhiman is true; and
16.1.2 you are authorized to use the payment instrument.
16.2 You undertake that subject to the Refund Policy, that all Donations payments are final. We request you to go through our Refund Policy. We shall refund only if you meet the criteria specified therein.
16.3 Donors may have the option to contribute recurring period Donations, and on choosing to contribute on a recurring basis, you:
16.3.1 agree to promptly update the changes in your information that may occur (for example, a change in your billing address or credit card expiration date) and to pay the Donation amount that you specify; and
16.3.2 hereby authorize Swabhiman to bill your payment instrument in advance on a periodic basis until you terminate such periodic payments through the Website.
16.4 You, as a Donor, further agree that:
16.4.1 Donations towards any campaign or project on the Website shall comply with Indian law, and other applicable laws in the jurisdiction of the Donor;
16.4.2 The Purpose of the campaigns and projects has been clearly declared on the Website along with the overview details of the Beneficiaries, and you have clearly understood the project and the utilization of funds;
16.4.3 The Donations will be transferred to the Recipient, and will be utilized for the benefit of the Beneficiary; and
16.4.4 The payment gateways used will deduct their applicable taxes before providing the funds to the Recipient viz. Merchant Discount Rate charges + 18% GST.
16.5 A Donor can make donations in any currency and from any country. Your contributions will be subject to the current conversion rates.
16.6 Notwithstanding the aforesaid, and solely with a view to facilitating communication, Donors may be sent updates from time to time about the progress or status of any campaign or project and hereby irrevocably consent to receive such communications. In case a Donor wishes to opt-out of such communications, they may unsubscribe to it.
16.7 We comply with the Anti-Money Laundering Policy guidelines established by the Reserve Bank of India, updated from time to time. The guidelines include, without limitation, to the following salient conditions:
16.7.1 Every Recipient has to verify their identity. This includes verification through any one of the identification documents such as Permanent Account Number (“PAN”), Aadhar ID, Passport, Driving License or Voter ID. The list of such registered documents will be updated on the website of Reserve Bank of India, at its sole discretion, from time to time.
16.7.2 This verification will be essential to withdraw funds from Swabhiman. Failure to comply may result in the return of such Donations to Donors in such cases.
16.7.3 Swabhiman will ask for the PAN of any Beneficiary and/or Recipient so that we may report taxable income to the relevant taxing authorities.
16.7.4 For Donors, only standard channels of payment such as verified credit or debit cards, net banking, bank transfers, cheque, prepaid instruments such as wallets, Unified Payment Interface(UPI) or cash (upto limits allowed by the Reserve Bank of India) will be allowed. In case of cash payments, all payments above INR 24,999 have to be furnished with the PAN of the contributor. Cash payments are accepted for Indian residents only.
16.7.5 Recipients will comply with foreign exchange rules as explained by the Foreign Exchange Management Act of the Reserve Bank of India. Any failure to do so may result in the refund of the Donations to the fundraiser or to respective Donors.
16.7.6 This Anti-Money Laundering Policy will be updated from time to time at the sole discretion of Swabhiman.
16.8 Donations from outside India must comply with the provisions of India’s Foreign Contribution Regulation Act, 2010, as amended.
16.9 The banking or other financial institution may decline, withhold or delay processing of Donations or remittances, require Swabhiman or any Recipient to provide additional information or institute additional safeguards and checks and balances, or take such other action as deemed appropriate in compliance with applicable law. Donors, hereby undertake to assist Swabhiman with any compliance obligations and fully cooperate with it in resolving any questions such banking or financial institution or governmental authority might have.
16.10 Swabhiman reserves with itself the right to refuse to process Donations by any Donor, in cases including but not limited to where it feels that the transaction is questionable such as suspicion of collusion between the Donor and Recipient to bring about false impressions, mislead other users or violate any law or further any charges imposed by issuing banks, or general breach of any government policies or laws. Where Swabhiman suspects or has reasonable cause to doubt the credibility of the Donor, Swabhiman may return such Donations after deducting its fees and charges.
16.11 Swabhiman may delay notifying the confirmations of any transaction if Swabhiman suspects any transaction as suspicious. Donor acknowledges that Swabhiman will not be liable for any damages, interests or claims etc. resulting from not processing such transactions or from any delay in processing such transactions.
17. Linking to the Website
17.1 You may link to our Website’s homepage, provided you do so in a fair and legal way and does not damage our reputation or take advantage of it. However, you must not present a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express prior written consent.
17.2 This Website does or may in the future provide certain social media features that enable you to:
17.2.1 Link to your certain social networking accounts of social media and social networking services such as Facebook or Twitter;
17.2.2 Send emails or other communications with certain content, or links to certain content, on the Website; and
17.2.3 Cause limited portions of content of the Website to be displayed or appear to be displayed on your own or certain third party websites.
17.4 You may use these features only as they are provided by us and only for the purpose they are provided for, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the aforesaid, you must not:
17.4.1 Cause the Website or any portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking;
17.4.2 Link to any other part of the Website besides the homepage; or
17.6 We may withdraw linking permission without notice. We may, in our sole discretion, inactivate all or any social media features and any links at any time without prior notice.
18. Links on the Website
18.1 The Website may contain links to other websites and resources provided by third parties for your convenience. This includes links contained in advertisements, including banner advertisements and sponsored links. You acknowledge and agree that Swabhiman does not control or endorse any information, products, or services made available via such links, and is not responsible for the accuracy, quality, reliability or legality of any such information, products, or services. It is your responsibility to evaluate the information, opinions, advice or other content available through such links.
18.2 If you decide to access any of the third party websites linked to this Website, you shall be doing so entirely at your own risk and subject to the terms and conditions of use given on such websites. Swabhiman will not be liable or responsible for any transactions you conduct with third parties, including the terms, conditions or results of any transaction between you and any third party.
18.3 You agree to cooperate with us in immediately stopping any unauthorized framing or linking by notifying us.
18.4 If you have a dispute with any third party regarding any third party promises, products and/or services, you pledge to hold Swabhiman and its respective successors, sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members harmless from any and all claims, demands and damages, actual or consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any relation to such disputes.
19. Disclaimer of Warranties
19.1 You understand and acknowledge that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses, errors, bugs or other technologically harmful components or that its access will be uninterrupted. Further, it is possible that third parties might make unauthorized alterations to the Website.
19.2 You shall be responsible for implementing sufficient procedures and checkpoints to satisfy protection against viruses and other technologically harmful components and accuracy of data input and output, and for maintaining a way external to our Website for the reconstruction of any lost data.
19.3 We shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful components that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of any website or services or to your downloading of any material posted on the Website, or on any website linked to it.
19.4 The Website, its content, and the Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. We do not make any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or uninterrupted availability of the Website. Without any limitation to the aforesaid, we do not represent or warrant that the Website or any Services or items obtained through the Website will otherwise meet your needs or expectations.
19.5 We, hereby, disclaim all warranties of any kind, whether express or implied, statutory, or otherwise, including without limitation to any warranties of merchantability, non-infringement, and fitness for a particular purpose.
20. Limitation on Liability
20.1 Swabhiman and its affiliates, or their licensors, service providers, employees, agents, officers, or directors shall under no circumstance, to the fullest extent possible by law, be liable for damages of any kind, under any legal or equitable theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, its Services, Material, including any direct or consequential, or punitive damages, whether foreseeable or not, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of profit, loss of use, loss of goodwill, loss of data, and whether caused by tort, breach of contract, or otherwise. In no event will Swabhiman's total liability to you for all damages, losses or causes of action exceed the amount of Two thousand Indian Rupees (Rs. 2000 only).
20.2 The above mentioned limitation of liability does not apply to liability resulting from our gross negligence or wilful misconduct.
21. Geographical Restrictions
21.1 The owner of the Website is based in India. While we endeavour to provide the access to this Website and its Services in and outside India, we make no claims that the Website or its Services are accessible or appropriate outside India since the same is subject to your local and federal laws.
21.2 Access to the Website may not be legally permitted by certain countries. If you access the Website from outside India, you do so on your own initiative and are responsible for compliance with your local and federal laws.
23. Governing Law and Jurisdiction
23.4.1 The Arbitration shall take place in Bhubaneshwar, India.
23.4.2 The language of the arbitration shall be English. The tribunal shall consist of 1 (one) arbitrator appointed by Swabhiman.
23.4.3 The parties to the arbitration shall keep the arbitration confidential and shall not disclose to any person, other than on a need-to-know basis or to legal advisors, unless required by the law to do so.
23.4.5 The decision of the arbitrator shall be final and binding on all the Parties hereto.
23.4.6 Each party to the arbitration shall bear its own costs with respect to any dispute.
24.2 If the grounds for such termination are suspected fraudulent, abusive or any other illegal activity, this may be referred to appropriate law enforcement authorities.
24.3 Swabhiman may at any time undertake the following steps with our without prior notice:
24.3.1 discontinue providing the Services or any part of them thereof;
24.3.2 terminate your access to or your use of the Website;
24.3.3 immediately deactivate or delete your User Account, and all related information and files associated with such credentials including, but not limited to your User Contribution; and/or
24.3.4 bar any further access to such information or files as we may deem fit.
24.4 We shall have no obligation to make information or files associated with the Website available to you after any such termination.
25. Limitation on Claims
26. Sever-ability and Partial Validity
27.1 You shall not transfer, sell, license or assign your rights, obligations, or covenants under the Terms of Service in any manner.
28.1 All notices, requests, demands and determinations for Swabhiman under the Terms of Service (other than routine operational communications) shall be made in English.
28.2 Such notices should be sent at firstname.lastname@example.org
29.1 Important notices to you, if any, may be made via either email or regular mail.
29.4 The singulars defined in this agreement includes the plural and vice versa. Unless the context otherwise requires, words importing the masculine gender shall include the feminine gender and vice versa; and references to persons shall include bodies of persons whether corporate or incorporate.
Last Revised on: 31st August 2020