TERMS AND CONDITIONS OF SERVICE
Ketto Online Ventures Private Limited (“Ketto
”) govern your access and use of Ketto’s platform www.ketto.org
”) and other Ketto products and services you avail of (“Services
which provides the User (defined herein) more information on how we collect, process and disseminate your information.
By mere use of the Website, you shall be contracting with Ketto and/or its wholly owned subsidiary, Ketto Online Ventures Inc. (Ketto Online Ventures Private Limited and Ketto Online Ventures Inc. shall collectively be referred to as “Ketto”) and shall be construed as may be applicable to you. These terms and conditions, along with any policies referred to herein, constitute your binding obligations with Ketto. If you do not agree with any of such terms and conditions, please do not access the Website or avail of our Services.
These Terms are published in accordance with the Information Technology Act, 2000 and the rules made thereunder (“IT Act”), and other laws as may be applicable. This document is an electronic record and all amended provisions pertaining to electronic records in various statutes, as amended by the IT Act, will be applicable. This electronic record is generated by a computer system and does not require physical or digital signatures.
Any contribution made on the Website by you should not be construed as an investment in any form whatsoever. Ketto is not a broker, financial adviser, bank, financial institution, or charity. We do not provide financial advice or financial returns in any form whatsoever, including but not limited to financial securities (debt or equity), interest, dividend, profit share or rewards in cash to individuals that contribute on the Website.
1. ABOUT KETTO, THE WEBSITE, AND RELATED SERVICES
1.1. Ketto Online Ventures Private Limited is an Indian company duly incorporated under the Indian Companies Act, 1956, with its registered office at GB – 4, Viwani Industrial Estate, Off Western Express Highway, Goregaon (E), Mumbai 400 063. The Website domain name ‘www.ketto.org
’ is owned by Ketto Online Ventures Private Limited. Ketto Online Ventures Inc. is a wholly owned subsidiary of Ketto and is incorporated under the Corporation Law of Delaware, U.S.A.
1.2. Ketto is a marketing service provider and provides platform services, which can be utilized by Users and persons browsing the Website to reach a larger base of people, organisations, and causes. You acknowledge and agree that Ketto merely provides Users with a platform for communication, and it is agreed that transactions between Users, whether gratuitous or otherwise, shall be bipartite between the person making such contribution and persons
receiving them, only.
1.3. The Website is a platform that Donors (defined herein) utilize to meet and interact with various Campaigners (defined herein) and representatives of various not-for-profit or non governmental organisations (referred to together as “NGOs”) in India, based on representations of campaigns or causes initiated by such parties, to enter into transactions, make contributions or share information. All information provided about campaigns is provided by the Campaigner who is initiating its own fundraiser, or by the NGOs on behalf of whom the Campaigns have been initiated to raise funds, which Ketto may list on the Website at its own discretion.
1.4. Your contract is with Ketto and you confirm that the platform Services availed by you are for your internal/personal purpose and not for resale or business or other commercial purposes. You authorize us to declare and provide any declaration to any governmental authority on your behalf stating the aforesaid purpose of the Services availed of by you on the Website.
2. PERMITTED USE
2.1. Users: For the purpose of these Terms and other Ketto policies referred to herein, ‘you’, ‘your’ or ‘User’ shall mean any natural or legal person, which includes Donors and Campaigners (defined below) as and where applicable and to be understood so, and any other person that registers on the Website, or signs in through an Associated Partner (via the Associated Partner Interface (“API”)).
2.2. Campaigners: NGOs in India which are registered with Ketto, and/or persons who support or intend to further the cause of such NGOs, or individuals requiring funds that have Indian bank accounts, or private limited companies with bank accounts in India, are permitted to present or host campaigns on the Website in accordance with Ketto’s policies, which are incorporated by way of reference in these Terms, and in accordance with applicable laws.
2.3. Donors: Individuals registered with Ketto, including any natural or legal person having a valid bank account (Indian or otherwise), that make donations through the Website platform, gratuitous or otherwise, are referred to as Donors. Donors can make contributions towards any campaign, provided such donation is in compliance with Indian law, and laws applicable in the jurisdiction of the Donor.
2.4. For more information on how Users, including Donors and Campaigners, interact on the Website, please refer to Part B of these Terms.
2.5. Unregistered Users: All persons are permitted to browse the Website, even without providing registration data/ registering on the Website. However, such persons cannot make financial or other contributions in kind to any of the Campaigners without prior registration. Similarly, Campaigners cannot create fundraisers for their causes without registering on theWebsite. Persons that do not register with Ketto may only browse theWebsite.
2.6. Minors: Ketto’s Website and related Services are available only to Users who are over the age of legal majority, and who can form binding agreements under applicable law. If the User is under the age of 18 years (“minor”), the User may only access the Website with the consent and supervision of a parent or legal guardian, provided that such parent or legal guardian agrees to be bound by the Terms and other Ketto policies referred to herein, and provides consent on behalf of a minor in all cases where consent is required.
2.7. If you are registering as an NGO, other organization or legal person, not being a natural person, you represent that you are duly authorized by the NGO, organization or legal person to accept and be bound by these Terms and policies referred to herein.
2.8. By registering and creating an account on the Website, you shall be responsible for maintaining the confidentiality of your login credentials (login name, password), campaign details, details regarding Donors, specific donation amounts and for all activities that occur through your account.
2.9. You agree that all the information you provide Ketto is true, accurate and complete. If any information provided by you is inconsistent, inaccurate, not current or incomplete, and if we have reasonable grounds to suspect that your information is inconsistent, inaccurate, not current or incomplete, or not in accordance with these Terms or other Ketto policies referred to herein, we reserve the right to indefinitely suspend, block access or terminate your registration with Ketto, at our sole discretion, without providing any reason to you and without the liability to make any payment to you.
3. PROHIBITED USE
3.1. Use of the Website is not available to persons that cannot form legally binding contracts under the Indian Contract Act, 1872 (“Contract Act”). Persons who are ‘incompetent to contract’ within the meaning of the Contract Act, i.e., minors, un-discharged insolvents, etc. are not eligible to use the Website without the express consent of a parent or their respective legal guardians. Such persons shall not register on Ketto, transact directly, or use the Website without obtaining such necessary consent.
3.2. While accessing the Website or availing of any Services offered by Ketto, the User shall not:
(i) act in violation of applicable law,
(ii) engage in activities that will cause wrongful loss or wrongful gain to any person,
(iii) access the Website or use the Services in such a way that adversely affects the performance or function of the Website and related Services or interferes with the ability of any other User (unregistered or otherwise) or legal or natural person to access the Website and related Services,
(iv) provide false or misleading information to Ketto,
(v) upload unlawful or objectionable content on the Website,
(vi)use or access the Website, Services, information or software available for the Services in any manner not expressly permitted by Ketto, or
(vii) input or upload information that contains viruses, trojans, worms, time bombs or other computer programming routines that are intended to damage, interfere with intercept or expropriate any system.
3.3. If the User breaches any of the terms and conditions contained in Ketto’s Terms and other policies in any way, Ketto may take such action as Ketto deems appropriate to deal with the breach, including suspension of access to the Website and/or Services, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings upon you.
4. USER CONTENT
4.1. The Website requires Users to generate content for causes, campaigns or other applicable content, which originates from the User, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (“User Content”). Please be advised that such User Content posted by Users does not reflect Ketto's views.
4.2. To the extent User Content is shared with Ketto, the User grants Ketto a fully-transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify or create derivative works based on, publicly perform and display, and otherwise use the User Content.
4.3. In particular, Ketto may use the User Content to improve or modify the Services, in which case the User shall have no right, title or interest in such improved or modified Services. Ketto reserves the right to use or modify User Content licensed to it, without providing the User with reason or notice.
4.4. User Content is all third-party generated content and Ketto has no control over and cannot be held liable for any User Content. In such cases, the User shall (subject to the above license grant) maintain all intellectual property rights in and will be responsible for the User Content they generate. Ketto shall have the right to remove or edit any User Content that, in its sole discretion, violates or is alleged to violate any applicable law, or the express terms, or intent of, these Terms. Please refer to Paragraphs 22.2 and 22.3 for details.
4.5. Notwithstanding this right, you remain solely responsible for the content and the materials you post on the Website and in your private/public messages.
5.1. Ketto does not charge any fee for browsing on its Website. Ketto's charges are limited to the facilitation fee (including platform/collection fees and transactional charges) which are charged to the beneficiaries of funds raised on Ketto, as per Ketto’s Plans & Pricing Policy https://www.ketto.org/support/plans-and-pricing.php
”), or, on the terms and conditions otherwise agreed to between Ketto and the Campaigner.
5.2. Ketto reserves the right to change its Pricing Policy https://www.ketto.org/support/plans-and-pricing.php
from time to time. In particular, Ketto may, at its sole discretion, introduce new services or features 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.
6. COMMUNICATION AND VARIATION
6.1. When you use the Website or send e-mails or transmit 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.
6.2. Ketto may communicate with you by email or through the Services interface, by postings on the Website or by such other reasonable mode of communication, electronic or otherwise.
6.3. Ketto shall at its sole discretion, modify the terms and conditions in these Terms and other policies referred to herein. Any such changes become effective no earlier than 14 (fourteen) days after they are posted, except (i) those that change or address new functions of the Services, or (ii) changes made for legal reasons, which will be effective immediately, and (iii)changes made for data security reasons.
6.4. For any material changes, Ketto may take reasonable steps to notify the User of such changes via e-mail, or by using the Service interface. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms.
6.5. In spite of such notifications, the User should return to these Terms periodically to ensure familiarity with the most current version of the Terms. The date on which these Terms were last updated is provided at the top of this document.
7. USER PRIVACY
7.1. We view the protection of your personal information and privacy as a very important principle. We understand clearly that you and your personal information are one of our most important assets. We store and process your information, including sensitive financial information collected, if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with applicable law.
8. TERM AND TERMINATION
8.1. Unregistered Users may access the Website to browse without registration and choose to stop using the Website at any time at their sole discretion.
8.2. Registered Users are provided access to the Website and related Services through their login account till they no longer wish to continue being registered with the Website, by clicking through the ‘Delete Your Account’ tab or if Ketto removes them from their Website database, in accordance with the Terms. Note that we reserve the right to retain such data, as is allowed or required under applicable laws.
8.3. Ketto may, at its sole discretion suspend or terminate your account (or any part thereof) or your use of the Services, and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use, or if Ketto believes that you have violated or acted inconsistently with any of its Terms or policies, referred to herein.
8.4. Any suspected fraudulent, abusive or illegal activity that may be grounds for immediate termination of your use of the Website and Services, and may also be referred to appropriate law enforcement authorities.
8.5. Ketto may also, in its sole discretion and at any time, discontinue providing the Services to you, or any part thereof, with or without notice to you. You agree that any termination of your access to the Website and Services, under any provision of these Terms may be effected without prior notice. You acknowledge and agree that Ketto may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website and related Services.
8.6. Ketto may, at any time and at our sole discretion, reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever, until such time that such User is reinstated by us.
8.8. Further, you agree that Ketto will not be liable to you, or any third party, for any termination of your access to the Services.
9. GENERAL RULES FOR USE OF THE WEBSITE AND RELATED SERVICES
You agree, undertake and confirm that your use of the Website shall strictly be governed, along with the other conditions provided for herein, by the following binding principles:
9.1. You shall not host, display, upload, modify, publish, transmit, update or
share any information which:
(a) belongs to another person and to which you do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging of money laundering or gambling, or otherwise unlawful in any manner whatsoever;
(c) is 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;
(d) is misleading in any way;
(e) 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;
(f) harasses or advocates harassment of another person;
(g) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(h) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(i) infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights, privacy rights (including without limitation unauthorized disclosure of a person's name, e-mail address, physical address or phone number) or rights of publicity);
(j) 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;
(k) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(l) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(m) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(n) contains unauthorised videos, photographs, or images of another person;
(o) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personally identifying information for commercial or unlawful purposes from other Users;
(p) 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;
(q) solicits gambling or engages in any gambling activity or other activity which we, in our sole discretion, construe as being illegal;
(r) interferes with another User's use and/or enjoyment of the Website and/or Services;
(s) refers to any website or URL that, in our sole discretion, contains inappropriate material for the Website or any other website that contains content which is prohibited or violates the spirit of these Terms;
(t) harms minors in any way;
(u) infringes any patent, trademark, copyright or other proprietary rights or rights of publicity or privacy;
(v) deceives or misleads the Users about the origin of such messages;
(w) communicates any information which is grossly offensive or menacing in nature;
(x) impersonates another person; or
(y) violates any applicable law for the time being in force.
9.2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Website 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.
9.3. 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 the 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.
9.4. You shall not make any 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.
9.5. You may not use the Website, or any content available on the Website, for any purpose that is unlawful or prohibited by these Terms, or under applicable law, or to solicit the performance of any illegal activity or other activity which infringes the rights of Ketto and/or others.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
10.1. This Website, all the materials and information (including but not limited to campaigns) and Services, included or otherwise made available to you through this Website are provided without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Ketto does not warrant that:
(a) this Website will be constantly available, or available at all; or
(b) the information on this Website is complete, true, accurate or not- misleading, save and except what is directly provided to the User by Ketto.
10.2. 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, the advice of any kind and is not binding on any party.
10.3. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KETTO AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
10.4. KETTO AND ITS AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
10.5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND SERVICE.
10.6. Please refer to Paragraph 28 in Part B below, to see Ketto’s limitation of liabilities.
11.1. The User shall indemnify and hold harmless Ketto, its officers, shareholders, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, against all claims, actions, penalties, prosecutions, proceedings, losses, disputes, charges, penalties, costs and expenses including reasonable attorneys' fees, that may arise or may be incurred by Ketto as consequence of any default, breach, non-observance, non-performance or negligent act whatsoever by the User of any terms, conditions, stipulations, provisions and/or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party more particularly stated herein and/or in any individual agreements executed by Ketto and the User.
11.2. You agree to release, indemnify and hold Ketto and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any donations, any loans, any Campaigns, any User Content, your connection with the Services, your violation of these Terms or your violation of any rights of another person or User.
12. LINKED WEBSITES/ APIs
12.1. The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. Ketto has no control over such sites, services and resources and Ketto is not responsible for and does not endorse such sites, services, and resources.
12.2. Ketto does not endorse, in any way, any third party website(s) or content thereof. Ketto does not take responsibility or liability for the actions, products, content, and services on the Website which are linked to its affiliates and/or third-party websites using the Website's APIs or otherwise.
12.3. You further acknowledge and agree that Ketto will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Ketto is not liable for any loss or claim that you may have against any such third party.
12.4. You may enable or log into the Services via various online third party services, such as social media and social networking services like Facebook or Twitter ("Social Networking Services"). By logging in or directly integrating these Social Networking Services into the Services, we make your online experiences richer and more personalized. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such Social Networking Services, and Ketto shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Services.
13.1. The User hereby agrees and states that Ketto is only a service provider to enable NGOs and other causes to be marketed, publicized, made aware of or campaigned for.
13.2. The User waives any and all rights to claims with respect to performance, advertisement or misrepresentation of any information available on the Website, and also waives his/her right to bring any action against Ketto regarding the same, whatsoever.
13.3. The failure of, or delay by, Ketto to enforce any right or provision of the Terms or other policies referred to herein, shall not constitute a waiver of such right or provision.
14. DISPUTE RESOLUTION
14.1. As a User, you agree you are solely responsible for your interactions on the Website. Ketto will have no liability or responsibility with respect to disputes arising between you and other Users.
14.2. Any dispute arising from the use of the Website or from the Services, or with inclusion of Ketto as a party (formal or otherwise), shall first be resolved amicably and in a reasonable time, by writing to us at firstname.lastname@example.org
14.3. If the dispute cannot be settled amicably, such dispute shall be resolved by referring it to arbitration, in accordance with the Indian Arbitration & Conciliation Act, 1996, or in accordance with arbitration as per the applicable law.
14.4. The seat of arbitration shall be in Mumbai and the language to be used in all proceedings shall be English.
15. GOVERNING LAW AND JURISDICTION
15.1. All campaigns hosted by Ketto on its platform are based in India. However, the Website may be accessed by persons residing/living in countries other than India. Ketto welcomes foreign Donors to participate in and contribute towards campaigns by making financial contributions subject to existing Indian laws, along with any law applicable in the jurisdiction from which the donation is being made.
15.2. These Terms and all other policies referred to herein, shall be governed by and construed in accordance with the laws prevailing in India. Those who choose to access this Website from other locations/countries (other than India) do so on the understanding that all transactions are bipartite in nature between the Campaigner and the Donor.
15.3. Any disputes relating to the Terms and all other policies referred to herein, shall, subject to Paragraph 14, be subject to the exclusive jurisdiction of courts in Mumbai, Maharashtra, India.
16.2. The User may not transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms, without express written consent from Ketto.
The headings/titles in these Terms are for convenience only and have no legal or contractual effect.
If a provision of these Terms, or other applicable Ketto policies, is determined by any court, competent authority or applicable law to be unlawful and/or unenforceable, that part will be deemed deleted, while all other provisions of these Terms, or other Ketto policies, will continue to remain in full force and effect.
19. CONTACT US
19.1. Ketto encourages feedback and suggestions on how to improve the Website or any offered Services. We welcome any concerns that may arise with regard to your use of the Website and offered Services.
19.2. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to Ketto are non confidential and Ketto will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
19.3. Please send any questions or comments you may have regarding these Terms, other policies or generally regarding this Website, to email@example.com
20. INTELLECTUAL PROPERTY RIGHTS
20.1. Services Content, Software, and Trademarks: You acknowledge and agree that the Website and the Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by Ketto, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Website. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Ketto from accessing the Services (including by blocking your IP address), 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 Ketto, 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, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Ketto.
20.2. Ketto Name and Logo: The Ketto name and logos are trademarks and service marks of Ketto (collectively the " Ketto Trademarks "). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Ketto. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Ketto Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Ketto Trademarks will inure to our exclusive benefit.
20.3. Third Party Material: Under no circumstances will Ketto be liable in any way for any content or materials of any third parties (including that of Users and Campaigners), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Ketto does not pre-screen content, but that Ketto and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Ketto and its designees will have the right to remove any content that violates these Terms or is deemed by Ketto, in its sole discretion, to be otherwise objectionable.
20.4. Copyright Complaints: Ketto respects the intellectual property of others, and we ask all our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Ketto of your infringement claim in accordance with the procedure set forth below:
(a) Ketto will process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Ketto’s Grievance Officer at firstname.lastname@example.org
, with the subject line: "Takedown Request".
(b) To be effective, the notification must be in writing and contain the
- an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Request is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.
(c) Ketto shall (subject to applicable laws) make best efforts to review your Takedown Request within 72 (seventy-two) hours of receipt of your complaint and take necessary action accordingly.
(d) Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Grievance Officer:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address;
- a statement that you consent to the jurisdiction of the courts in Mumbai, Maharashtra, India and
- a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, Ketto will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 (ten) working days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, after receipt of the counter-notice, at our sole discretion.
20.5. Repeat Infringer Policy: In accordance with applicable law, Ketto has adopted a policy of terminating accounts of, in appropriate circumstances and at Ketto's sole discretion, Users who are deemed to be repeat infringers. Ketto may also at its sole discretion limit access to the Services and/or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
B. TERMS OF SERVICE
Part B of these Terms provides User-specific information related to Donors and Campaigners and their interactions on the Website.
21. PLATFORM FOR INFORMATION, COMMUNICATION AND
21.1. The Website serves as a platform to bring together persons looking to donate funds to interact with causes or NGOs in India that require such funds for legitimate reasons. Donors utilize the platform/Website to make such donations towards a campaign of their choice, based on representations of Campaigners or representatives of NGOs and enter into transactions for making contributions or sharing information.
21.2. All information provided with respect to a campaign is solely provided by the Campaigner and Ketto is only a marketing service provider. Ketto does not verify or endorse the genuineness of campaigns and the supporting data provided by the Campaigner.
21.3. All commercial or contractual terms are offered by and availed of solely between the Campaigner on one side and the Donors on the other. Ketto facilitates transactions between Campaigners and Donors but is not a party to any agreement between a Campaigner and/or Donor or any other party. The commercial/contractual terms include, without limitation, representations made by the Campaigner with respect to amount of funds to be raised, use of the funds raised, other costs incurred, payment methods, payment terms, warranties related to the ultimate use of the funds, effectiveness of utilization of funds, impact of the campaign, rewards offered by the Campaigner and contributions made by Users.
21.4. Notwithstanding any representations made, Users are urged to independently verify the veracity of any statements made by Campaigners 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 with respect to such campaigns, whether on behalf of itself or any of the Campaigner.
21.5. Ketto is not responsible for any non-performance or under-performance of any of the commitments made by the Campaigner or for any contractual obligations entered into between Users. Ketto cannot and does not guarantee that the concerned Campaigner will perform any commitment concluded on the Website.
21.6. Your correspondence or business dealings with, or participation in promotions of, Campaigners 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 Campaigner. 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 Campaigners on the Website.
22.1. Campaigners are bound and legally liable to (a) provide accurate, true and correct information with respect to details of the cause for a campaign to raise funds on our Website, (b) ensure that all donations received are being used solely as described in the Campaign, and (c) abide by all applicable laws relating to their activities.
22.2. Ketto reserves the right to delete any campaign if we have reasonable information to believe that any User Content is false does not depict the true nature of the campaign or is misleading in any manner.
22.3. Campaigners shall ensure that the information provided, and/or the campaign does not infringe upon the intellectual property, trade secrets or other proprietary rights or rights of publicity or privacy rights of third parties. Campaign listings may only include text descriptions, graphics and pictures that describe the campaign and User Content on the need and the use of the funds raised.
22.4. It shall, at all times, be the responsibility of the Campaigners to execute the campaigns as represented, and furnish the Donors with accurate progress reports, or other agreed upon updates, and any further information that may be required by Donors, to track the utilization of the funds donated by such Donors to the Campaigners, for the campaigns, through the Website. Ketto does not guarantee that any campaign will obtain a certain amount of donations or any donations at all.
22.5. The Campaigner shall at all times be responsible for and ensure the performance of offers made by them. In the event of any failure regarding fulfillment of obligations of the Campaigner, disputes shall be settled between the parties directly.
22.6. Ketto shall not be held responsible for any default/non-performance on part of the Campaigner. At no time shall Ketto be required to mediate or resolve any dispute or disagreement between Donors and the Campaigners.
23.1. Donors shall make donations towards campaigns as per the terms and conditions stated in these Terms and/or as otherwise promised independently to Campaigners. Donors not located in India may be required to contribute through a collecting agent who may be in a different country.
23.2. The Donor should conduct independent due diligence with respect to any information/campaign listed by a Campaigner (which includes the NGOs in India) before making any donations on the Website. Ketto cannot vouch for the genuineness or honesty of a campaign in any manner and cannot review all the information provided for every campaign to detect any misrepresentation and/or false information that may be listed therein.
23.3. In the event a campaign is listed by any person on behalf of an NGO in India, the Donor shall approach only that particular NGO (for which the Donor has donated funds) to track the utilization of contributions or any other information that may be required by the Donor. The Donor hereby agrees and declares that the Donor is aware that Ketto shall at no point of time be held answerable or accountable for any funds after such funds have been handed over to the NGO, in respect of which donations have been made.
23.4. The Donor will be sent timely updates about the progress/status of the fundraiser from the Campaigner (and/or Ketto, acting solely as a communications platform for the Campaigner) via the Services interface and/or e-mail and/or SMS. In case a User wishes to opt-out of this service, such Users must log-in to their Ketto profile and disable communications for that specific campaign.
23.5. In case of intimation of donations coming in from fraudulent sources, Ketto’s team holds the right to refund such transactions.
23.6. Donors further acknowledge that they are aware that the Campaigners have the sole and primary responsibility to execute and deliver the campaigns, as agreed, and that Ketto has no responsibility to verify the accuracy of any statement and/or information furnished by the Campaigner with respect to any campaign pursuant to which the Donor has donated funds for any campaign via the Website.
23.7. If the Users are logged in through APIs, Users will be provided with an ‘Impact Coupon’. To use the Impact Coupon, the registered User can browse all campaigns on Ketto and contribute the Impact Coupon, which is worth INR 100, to anyone campaign without paying any personally contributed consideration. The Impact Coupon can be used only once, per User. Multiple usages by the same account will not be available or allowed.
23.8. If at any time either during or after the campaign, you are unable to fulfill your commitments, or out of any requirement under applicable law, you shall refund the money to the Donor within such period agreed to between you (the Campaigner) and the Donor.
24. FINANCIAL TRANSACTION FACILITY – CAMPAIGNER
24.2. If a Campaigner’s cause is eligible for 80G deductions, and such a certificate/ document indicating the exemption is verified and found eligible by Ketto, we shall indicate the applicability of 80G on the campaign, for the benefit of Ketto’s Users. All related interactions/ requests/ agreements with respect to these deductions shall be between the Campaigner and the Donor, and Ketto shall not have any responsibility to issue 80G certificates.
24.3. Funds raised per campaign shall be transferred to you (the Campaigner) (after deduction of any applicable costs, Ketto Fees, payment gateway charges and applicable taxes) as per details provided by you after 15 (fifteen) days of completion of the campaign, or as per withdrawal request.
24.4. Remittances to the Campaigner for successful transactions under payment facilities, excluding cheques/money orders, would be in compliance with directions issued by the Reserve Bank of India (“RBI”) for the 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 shall be made through cheque/demand draft or Online Bank Transfer to the Campaigner’s bank account.
24.5. As per the above guidelines, the Campaigner expressly agrees that the next working day following the day the campaign is determined/ comes to an end shall be deemed to be the day that the transaction between the Donor is complete. Ketto shall settle all amounts, after deducting its fees, to the accounts of the Campaigner, in accordance with the agreement entered into with the Campaigner, Ketto’s Anti-Money Laundering Policy [insert link], the rules set out by the RBI Intermediary Guidelines and other applicable law.
24.6. Donors may request refunds of amounts donated towards a campaign, at their discretion. Such refunds may only be processed provided the Campaigner has not withdrawn the amount from the Campaign. However, if for any reason, there is a charge-back on a transaction/donation to Ketto and if the funds are already transferred by Ketto to the Campaigner, the Campaigner will be liable to refund the amount that has been charged, back to Ketto.
25. FINANCIAL TRANSACTION FACILITY – DONORS
25.1. If you are an Indian national, all payments made by you towards the campaigns on the Website shall be compulsorily in Indian Rupees (“INR”). The Website will not facilitate transactions in any other form of currency regarding contributions made on the Website.
25.2. If you are not an Indian national, all payments made by you on the Website shall compulsorily be through a foreign payment gateway. The Website will not facilitate transactions through the Indian payment gateways with respect to foreign donations made on the Website. Before making any donations, you should confirm the currency of donations you are making.
25.3. Please note further, that in accordance with the Foreign Contribution Regulation Act, 2010, foreign contributions cannot be provided to or accepted by:
(a) candidates for election;
(b) correspondents, columnists, cartoonists, editors, owners, printers or publishers of registered newspapers;
(c) judges, government servants, or employees of any corporation or any other body controlled or owned by the government;
(d) members of any legislature;
(e) political parties or their office bearers;
(f) organisations of political nature, as may be specified by the Central Government;
(g) associations or companies engaged in the production or broadcast of audio news, audiovisual news, or current affairs programmes through any electronic mode or any other mode of mass communication; or
(h) correspondents or columnists, cartoonists, editors, or owners of associations or companies referred in the clause above.
25.4. You categorically authorized Ketto and its service providers (such as but not limited to payment gateways, banks and marketplace settlement providers such as, PayU, RazorPay, Stripe, BillDesk, PayTM, HDFC Bank, RBL, Bank, GoCashFree, etc.) to collect, process, facilitate and remit payments and/or the donation amounts electronically or through GharPay (or any other authorized agent) to and from other Users, in respect of transactions through payment facilities available.
25.5. You understand, accept and agree that the payment facilities provided by Ketto are neither banking nor financial services but merely serve the role of a facilitator, providing electronic, automated and/or online payment infrastructure. Ketto’s payment facilities receive donations through its collection and remittance facilities, for transactions envisioned on the Website, through existing authorized banking infrastructure, credit cards, payment gateway networks, and settlement service providers. Further, by providing these payment facilities, Ketto neither acts as a trustee nor does it assume any fiduciary responsibility with respect to the transactions, campaigns or donations.
25.6. While availing any of the payment/donation method(s) available on the Website, Ketto will not be responsible or assume any liability whatsoever, in respect of any loss or damage arising directly or indirectly to you due to,
(a) lack of authorization for any transaction/s, or
(b) exceeding the limit mutually agreed by you and between your bank, or
(c) any payment issues arising out of the transaction, or
(d) the decline of the transaction for any other reason/s.
25.7. Ketto reserves the right to refuse to process donations by Donors that have a history of questionable transactions. This includes, without limitation, suspected collusion between the Donor and Campaigner to bring about false impressions, mislead other Users or breach/violate any law or further any charges imposed by issuing banks, or generally a breach of any policies or laws. Where Ketto suspects, or has reasonable cause to doubt the credibility of the Donor and/or Campaigner, Ketto and/or Ketto US (as the case may be) shall transfer the funds received from Donors back to such Donors after deducting fees as may be payable to payment facilities involved in such transfer and re-transfer of funds. Ketto may delist the campaign, or remove the campaign from the Website entirely, or stop the provision of any or all services at any time, at its sole discretion.
25.8. Ketto may delay notifying payment/transaction confirmations if Ketto suspects any transaction as suspicious, and shall intimate the Campaigner of the same. In addition, Ketto may hold back funds raised and subsequently inform law enforcement officials (instead of refunding the same to Donor) at the request of law enforcement officials or in the event the Donor or Campaigner for that matter, is engaged in any form of illegal activity. We reserve the right to reverse donations at our sole discretion, in case of violations of these Terms, any Ketto company policies or applicable laws. No interest shall be payable on such reverses.
25.9. The Donor acknowledges that Ketto will not be liable for any damages, interests or claims, etc. resulting from not processing such transactions/funds/donations or from any delay in processing transactions/funds/donations, which may be beyond Ketto’s control.
25.10. Ketto shall transfer donations, after deducting its applicable costs, charges and fees, into the respective bank account and/or through bank information provided by the Campaigner during the registration process. Once Ketto has transferred donations into such bank account(s), Ketto shall be discharged of any/all liability towards the Campaigner and Donors. Campaigners or Donors shall not be eligible for any claims and/or refunds in this regard.
26. DONOR'S ARRANGEMENTS WITH ISSUING BANKS
26.1. All valid credit/ debit/ cash cards and other payment instruments are processed using credit card payment gateways or appropriate payment system infrastructure. The same will also be governed by the terms and conditions agreed to between the Donor and the respective Issuing Bank and/or the payment instrument issuing company.
26.2. All Online Bank Transfers from valid bank accounts are processed using the gateway provided by the respective Issuing Bank, which supports the provided payment facility to provide the Services to the Users. All such Online Bank Transfers on the provided payment facility is also governed by the terms and conditions agreed to between the Donor and the respective Issuing Bank.
27. LICENCE FOR WEBSITE ACCESS
27.1. Ketto grants Campaigners a limited, non-transferable, non-exclusive, non- sub-licensable, non-assignable and personal license to (a) use ‘Funds Raised Through Ketto’, ‘Powered by Ketto’ or ‘via Ketto’ name and/or logo on Campaigner invoice/certificate of donation for transactions concluded on the Website, and (b) use ‘www.ketto.org'
name and/or logo on stationery used by the Campaigner for delivery of communications/receipts/certificates etc. provided on the Website.
27.2. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any campaign listings and funds; any derivative use of this Website or its contents or any downloading or copying of account information for the benefit of another Campaigner.
27.3. This Website or any portion of this Website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Ketto and/or its affiliates, as may be applicable.
27.4. You may not use any third party logos or proprietary graphic or trademark as part of the link, without express consent from Ketto and/or its affiliates or the relevant third party, as may be applicable.
28. LIMITATION OF LIABILITIES
28.1. In addition to Point 12 in Part A above, you expressly understand and agree that neither Ketto nor its affiliates/subsidiaries will be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Ketto has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise.
29. COMPLIANCE WITH LAWS
29.1. The Donor shall comply with all the applicable laws (including without limitation applicable foreign exchange and foreign contribution laws and regulations, anti-money laundering and anti-corruption laws, tax laws and requirements, import-export government policies, RBI directions) and adhere to other applicable compliances from time to time, such as under the Customs Act, IT Act, statutes as amended by the IT Act that may be applicable to them respectively for using the payment facility Services provided and the Ketto Website.