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This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.ketto.org (hereinafter referred to as "Website") is licensed for use by Ketto Online Ventures Private Limited, an Indian Company, duly incorporated under the Indian Companies Act, 1956, with its registered office at GB-4, Virwani Industrial estate, Off Western Express Highway, Goregoan East, Mumbai -400063 India (hereinafter referred to as "Ketto").
Use of the Site/Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site/Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member on Ketto and shall not transact directly (either contribute or campaign to receive donations / contributions) or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian, parents or through an organization / NGO competent to Contract on the Website. Ketto reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Ketto's notice or if it is discovered that you are under the age of 18 years.
When You use the Website or send emails or other data, information or communication to Ketto, You agree and understand that You are communicating with Ketto through electronic records and You consent to receive communications via electronic records from Ketto periodically and as and when required. Ketto may communicate with You by email or by such other mode of communication, electronic or otherwise.
1. All commercial/contractual terms are offered by and agreed to between the Campaigners and Donors / Contributors alone. The commercial/contractual terms include without limitation the representations made by the Campaigners including, amounts to be raised, use of the funds raised, costs incurred, payment methods, payment terms, warranties related to the final use of the funds, the effectiveness of the utilization of the funds, the impact of the campaign and the contributions made by the Users. Ketto does not have any control or does not determine or advise or in any way involve itself in either determining any details of the campaign or the offers of Campaigners or acceptance of such commercial/contractual terms between the Donors / Contributors and the Campaigners.
2. Ketto does not make any representation or Warranty as to specifics (such as final utilization of funds, value, impact, rewards, etc.) of the campaigns on the Website other than those representations that are expressly made for individual campaigns. Notwithstanding any representations made, Users are free to independently verify the veracity of any statement made on the Website. Ketto does not implicitly or explicitly support or endorse any of the campaigns on the Website. Ketto accepts no liability for any errors or omissions, whether on behalf of itself or any of the Campaigners.
3. Ketto is not responsible for any non-performance or under-performance of any of the commitments made by the Campaigners or for any contractual obligations (E.g. Rewards) entered into between Contributors and the Campaigners. Ketto cannot and does not guarantee that the concerned Campaigners will perform any committment concluded on the Website. Ketto shall not and is not required to mediate or resolve any dispute or disagreement between Contributors and Campaigners. However, Ketto does welcome feedback as well as grievances of Users to be brought to its attention so that it may take steps that it deems appropriate for improvement of the User experience on the Website.
4. Ketto does not make any representation or warranty as to the campaign specifics (such as the eventual impact, use of funds, efficiency of Campaigners, etc) of any of its Campaigners. You are advised to independently verify the bona fides of any particular Campaigner that you choose to donate or contribute to, on the Website and use your best judgment in that behalf.
5. The Website is only a platform for information and crowd funding, which can be utilized by Users (being both Donors / Contributors and Campaigners) to reach a larger base of people, organizations and causes. Ketto is only providing a platform for communication and it is agreed that the transactions whether gratuitous or otherwise shall always be bipartite between the Donor / Contributor and the Campaigner. At no time shall Ketto hold any right, title or interest over the funds or rewards (except to the extent as stated herein) or have any obligations or liabilities in respect of such providing the same to the Donor / Contributor. Ketto is not responsible for unsatisfactory or delayed performance of the campaign by the Campaigner.
6. You release and indemnify Ketto and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and categorically waive any claims that you may have pursuant to this under any applicable law. Notwithstanding its reasonable efforts in that behalf, Ketto cannot take responsibility or control the information provided by Campaigners, which is made available on the Website. You may find Campaigner's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. You are at liberty to report the same to Ketto, at which time Ketto will take suitable steps as per its internal policies and guidelines and in its sole discretion to address the same.
Ketto does not charge any fee for browsing on the Website. Ketto's charges are limited to the facilitation fee (including platform / intermediary fees and transactional charges) which is charged to the Campaigners on the terms and conditions agreed to between Ketto and the Campaigners independently. Ketto reserves the right to change its Fee Policy from time to time. In particular, Ketto may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Ketto reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Use of the Website.
General Rules for the Use of the Website
You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
You agree and understand that Ketto and the Website merely provides platform services to its Registered Users and persons browsing / visiting the Website. All campaigns and information listed and / or advertised on the Website and the Campaigners list the contents. Ketto has limited control over the Campaign generated information. Ketto is merely an intermediary and does not interfere in the transaction between Donors / Contributors and Campaigners.
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) contains a video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) engages in commercial activities and/or sales without our prior express and written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Website;
(p) solicits gambling or engages in any gambling activity which Ketto, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services;
(s) harms minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonates another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) 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.
2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Website or any network, neither connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Ketto or the brand name or domain name used by Ketto, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Ketto on any platform or otherwise tarnish or dilute any of Ketto's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Ketto systems or networks, or any systems or networks connected to Ketto.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws (specifically the Foreign Contribution Regulation Act, 2010 and the rules made thereunder), Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. Further, no donation or contribution either for reward or otherwise shall be made for any reason or as consideration for any transaction other that which is the subject of the campaign and in no event shall any donation or contribution be used for any purpose that is considered unlawful or against public policy as per the applicable laws in India.
11. From time to time, You shall be responsible for providing information relating to the donations / contributions made by you and required to be disclosed under applicable laws. In this connection, You undertake that all such information shall be accurate in all respects and that only You shall be solely responsible for any incorrect or knowingly false information provided by You.
13. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for 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.
14. It is possible that other Users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
15. Ketto shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Ketto grants Campaigner's a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Funds raised through Ketto", "Powered by Ketto" and/or "via Ketto" name and/or logo on Campaigners' invoice / certificate of donation for transactions concluded on the Website. Further, Ketto grants Campaigner a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Ketto.org" name and/or logo on stationery used by the Campaigner for delivery of Communications / Receipts / Certificates, etc. provided on the Website.
Ketto does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using the Website's APIs or otherwise. In addition, Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, Ketto assumes no responsibility for examining or evaluating the products and services or generally information offered by them. Ketto does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Ketto does not endorse, in any way, any third party website(s) or content thereof.
This Website, all the materials and information (including but not limited to campaigns) and services, included or otherwise made available to You through this site are provided on a "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Ketto does not warrant that:
• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or non-misleading except to the extent where Ketto warrants that it is. All information shall be construed to be as that which is provided by the Campaigners themselves and none that which is provided or verified by Ketto.
Ketto will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Nothing on the Website constitutes, or is meant to constitute, advice of any kind.
You will be required to enter a valid phone number and e-mail address while making a donation / contribution on the Website. By registering Your phone number and e-mail address with us, You consent to be contacted by us and/or the Campaigners via phone calls and / or SMS notifications, in case of any reward or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS unless the same is consented to by you.
The description of the campaign must not be misleading and must describe need and use of the funds raised. Ketto reserves the right to delete your campaign if it is brought to the notice of Ketto that the information provided by you is false, does not depict the true nature of the campaign or is misleading in any manner.
You further agree that by listing your campaign on the Website, you shall at all times abide by various laws applicable to You including but not limited to the Income Tax Act, 1961, the Foreign Contributions Regulation Act, 2010, the Information Technology Act, 2000 as well as all rules and regulations made under the respective laws and as amended from time to time.
1. While availing any of the payment / donation / contribution method/s available 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:
• Lack of authorization for any transaction/s, or
• Exceeding the preset limit mutually agreed by You and between your "Bank/s", or
• Any payment issues arising out of the transaction, or
• Decline of transaction for any other reason/s
All payments made towards the donations / contributions on the Website by you, shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
3. You understand, accept and agree that the payment facility provided by Ketto is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through, collection and remittance facility for the Transactions on the Ketto Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Ketto is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
4. Ketto reserves the right to refuse to process Transactions by Donors / Contributors with a prior history of questionable transactions including without limitation to collusion between the Donor and Campaigner to bring about a false impression or mislead other Users of the Website or breach / violation of any law or any charges imposed by Issuing Bank or breach of any policy.
5. Ketto may delay notifying the payment / transaction confirmation i.e. informing Campaigner, if Ketto deems suspicious. In addition, Ketto may hold transaction price / amount and inform law enforcement officials (instead of refunding the same to Donor) at the request of law enforcement officials or in the event the Donor / Contributor or Campaigner for that matter, is engaged in any form of illegal activity.
6. The Donor / Contributor acknowledge that Ketto will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction / Transaction Price or any delay in processing a Transaction / Transaction Price which is beyond control of Ketto.
7. Ketto shall make payments, net of its costs, charges and fees into the bank account provided by the Campaigner during Campaigner Registration process. Once Ketto has made payments into such bank account number Ketto shall be discharged of any/all liability towards the Campaigner and the Campaigner shall not be eligible for any claims thereof.
8. You, as a Campaigner, shall be required to register yourself with Ketto and provide Ketto with all the necessary information as may be deemed by Ketto from time to time including but not limited to banking details / income tax details such as PAN and registration certificates under various provisions and laws, etc. Further, fulfill the commitments made to the Donor / Contributor in the manner as detailed in the Campaign and in a timely manner. Ketto may seek information regarding the use of the funds raised by the Campaigner even after the Campaign has ended and provide the details to the Donors / Contributors.
9. The funds collected towards each Campaign shall be transferred to You, as per the details provided to you at the end of the Campaign and net of the Ketto's platform facility fees. If at any time either during or after the Campaign, You are unable to fulfill your commitments, or out of requirement under law, You shall return the money to the Donor / Contributor within a timely manner.
10. Remittances to the Campaigner for their successful transactions under Payment Facility excluding Cheque Payments transactions would be in compliance with directions issued by Reserve Bank of India for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009 ("RBI Intermediary Guidelines"). Remittance to the Campaigner for Cheque Donations / Contributions shall be made through Cheque/ Demand Draft or Online Bank Transfer to Campaigners Bank A/c.
11. As per the above guidelines, the Campaigner expressly agrees that the next working day following the day the Campaign ends or is determined, shall be deemed to be the day that the transaction between the Donor / Contributor is completed. Ketto shall settle all amounts net of its fees to the accounts of the Campaigners in accordance with the rules set out by the Reserve Bank of India in the Intermediary Guidelines.
12. The Donor / Contributor shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 2010 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Ketto Website.
13. All Valid Credit/Debit/Cash Card and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Donor / Contributor and the respective Issuing Bank and payment instrument issuing company.
14. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank, which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between the Donor / Contrbutor and the respective Issuing Bank.
Without limiting other remedies, we may limit Your activity, immediately remove Your information, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Website in the event, but not limited to:
o If we are unable to verify or authenticate any information You provide; or
o If it is believed that Your actions may cause legal liability for You, other users or us.
Any dispute involving Ketto, whether as a formal party or otherwise shall be resolved by Arbitration of a sole Arbitrator appointed by mutual consent and in accordance with the Indian Arbitration and Conciliation Act, 1996. The seat of Arbitration shall be in Mumbai and the language to be used in all proceedings shall be English.
Please send any questions or comments regarding this Website to email@example.com
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Varun Sheth
Ketto Online Ventures Private Limited
GB-4, Virwani Industrial estate,
Off Western Express Highway,
Time: Mon - Sat (9:00 - 18:00)