Terms & conditions
Terms & conditions
Date of Last Revision: October 3, 2021
Disclaimer
We do not provide any financial return in any form whatsoever, including but not limited to financial securities (debt or equity), interest, dividend, profit share, rewards in cash, to individuals who contribute on padmachakrafoundation.org.
Any contribution on padmachakrafoundation.org, by an individual, should not be construed as an investment in any form whatsoever.
Terms of use
padmachakrafoundation.org, a platform for giving and philanthropic donations, owned byPadmachakra Foundation, incorporated under the Companies Act, 1956 with its Project office at ‘Giri Prya’ No,24/31 Akbarabad Second Street, Kodambakkam, Chennai 600024.
Regional office at No,205, Small Bazaar Street, Tirupattur 635601.
padmachakrafoundation.org (“Padmachakra Foundation”,” “we,” “us,” “our”) provides its services (described below) to you through its website located atpadmachakrafoundation.org(the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means, and unless otherwise stated, Padmachakra Foundationmay communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, and postings on the Site. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Services from time to time, including, without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service.
Finally, we encourage you, particularly if you intend to donate to an Padmachakra Foundation campaign or raise funds for a need, to review the Pricing section of these Terms of Service.
Access and use of the services
Services Description: The Services are offered as a platform (the “Platform”) to users of the Services, which may include Campaign Organizers (interchangeably used with “Champions”), Beneficiaries, Recipients and Donors (each defined herein) and other users of the Services (which may include users who interact with the Site or Services). Among other features, the Services are designed to allow a user (a “Campaign Organizer”) to post a fundraising campaign (“Campaign”) to the Platform to accept monetary donations (“Donations”) from those users wishing to contribute funds to the Campaign (“Donors”). A Campaign Organizer may be both, a Beneficiary and a Recipient, for any Campaign.
A “Beneficiary” includes an individual, a group of individuals, or any entity that benefits from Donations through a Campaign, and a Recipient. A “Recipient” includes an individual or entity that is authorised by the Beneficiary through written means to receive Donations on behalf of the Beneficiary. Although there are no fees to set up a Campaign, a percentage of each Donation will be charged as fees for our Services and those of our third party payment processors. Please see our Pricing section for details.
Charitable Giving: Campaigns, unless otherwise clearly stated byPadmachakra Foundation, are not charities to which you can make tax-deductible charitable contributions. However, in addition to the Services described above,Padmachakra Foundation permits Donors to contribute to certain charitable organizations (“Charities”) through the Platform. You understand and acknowledge that Padmachakra Foundation is not a charity, and Padmachakra Foundation does not solicit charitable donations for itself or for any third-party charitable institution. You, as a Campaign Organizer, represent and warrant that, you are not a charity as defined in Section 80G of the Income Tax Act 1961, as amended (the “Code”). If you or your charity would like to register to be listed as a charitable organization on the Platform, you can do so at the time of setting up a Campaign. As used in this Agreement, the term “Campaign” does not refer to a Charity, and you acknowledge that contributions to Campaigns are not deductible for Indian Income Tax deduction, unless your registered charity is authorized to issue tax-exempt certificates under Section 80G.
The Services are a Platform; We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. Padmachakra Foundationfacilitates the Donation transaction between Champions and Donors, but is not a party to any agreement between a Champion and a Donor, or between any user and a Charity. Padmachakra Foundation is not a broker, agent, financial institution, creditor or insurer for any user. Padmachakra Foundationhas no control over the conduct of, or any information provided by a Champion or a Charity, andPadmachakra Foundationhereby disclaims all liability in this regard. Anyone is free to report issues related to a Campaign on Padmachakra Foundation, and Padmachakra Foundationwill take necessary action to the best of its abilities.
Padmachakra Foundationdoes not guarantee that a Campaign or a Charity will obtain a certain amount of Donations or anyDonations at all. We do not personally endorse any Campaign, Champion, or Charity, and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign, Champion, or Charity. You can write to us for any clarification, and we shall make our best effort to share the information that we have.
While we try our best to do so, we cannot and do not verify 100% of the information that Champions supply. We try our best to see that Donations are used in accordance with the stated fundraising purpose; we also collect documents related to Campaigns before disbursing Donations or in other cases that Padmachakra Foundationmay determine, at itssole discretion. However, please understand that we can not guarantee that 100% of the time Donations will be used in accordance with any fundraising purpose prescribed by a Champion or Charity. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws, and such responsibility rests solely with the Champion or Charity, as applicable. While we have no legal obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we try to do the verifications for many campaigns and more importantly we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Champion or Charity is not raising or using the funds for their stated purpose, please use the “Report” button on the Campaign to alert our team of this potential issue and we will investigate to the best of our abilities.
We encourage you, particularly if you intend to donate to a Padmachakra Foundationcampaign or raise funds for a need, to review the Frequently Asked Questions section of the website to understand the steps taken by Padmachakra Foundationto foster greater trust and transparency.
You, as a Champion, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud or deceive any user; and (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post; and (iii) you will comply with all relevant local, state, and Union laws applicable to you when you solicit funds, particularly but not limited to laws relating to your marketing and solicitation for your project. We reserve the right to provide information relating to your Campaign with donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation.
The terms and conditions that apply to a Campaign Organiser (Champion) are:
You are solely responsible for utilizing the funds for the Purpose mentioned in our fund-raising page. Padmachakra Foundation is not responsible in any way whatsoever towards the end utilization of funds.
This fund-raising page on the Platform will be available to the general public for contributions from the time you published the page on the Platform, and if your campaign is not rejected by Padmachakra Foundation. You may or may not be able to raise the targeted amount in the designated period. Padmachakra Foundation can reject your fundraiser for inappropriate or insufficient content, at its sole discretion.
Padmachakra Foundation will not be responsible in any way whatsoever on the amount of contributions received. It will be your sole responsibility to address any query on objection, from a donor, in regards to utilisation of funds.
Campaigns on the Padmachakra Foundationplatform shall automatically terminate the amount of the Campaign being reached.
You shall not use any content created byPadmachakra Foundation, partially or wholly, for any other fundraising or awareness purpose without the written consent of PadmachakraFoundation. In the event you receive such consent, you shall provide written credits to Padmachakra Foundationand provide links to impaac.org or corresponding social media handles of PadmachakraFoundation, while using such content, and adhere with such other terms that may be prescribed by PadmachakraFoundation from time to time.
Provided that all statutory verifications and KYC verifications are completed and you have provided PadmachakraFoundation with documents that substantiate the utilization of funds you may receive, all contributions collected for your Campaign will be transferred to the designated bank account that you specify. You can raise withdrawal requests post approval of the campaign by PadmachakraFoundation. PadmachakraFoundation will process fund transfer, post receipt of your withdrawal request.
You understand that the funds are not owned by PadmachakraFoundation or its affiliates. At the time of transfer of funds, you will receive contributions net of PadmachakraFoundation Fees, Payment Gateway Fees, applicable taxes, or any other fees mutually agreed upon between you and PadmachakraFoundation.
In case of contributions received via accounts or cards issued by financial institutions outside India, the funds shall reach our registered bank account in the USA.
In case of contributions outside India, you have the necessary regulatory permissions to receive such funds, such permissions include but are not limited to the Foreign Contributions Registration Act (FCRA), and others mandated by regulatory authorities.
Please note that in accordance with the FCRA, the following persons cannot receive foreign contributions. This list may be amended from time to time in accordance with regulatory and statutory actions, and such amendment shall apply to you with immediate effect from such regulatory or statutory action.
candidates for election;
correspondents, columnists, cartoonists, editors, owners, printers or publishers of registered newspapers;
judges, government servants, or employees of any corporation or any other body controlled or owned by the government;
members of any legislature;
political parties or their office bearers;
organisations of political nature, as may be specified by the central government;
associations or companies engaged in the production or broadcast of audio news, audio visual news, or current affairs programmes through any electronic mode or any other mode of mass communication;
correspondents or columnists, cartoonists, editors, or owners of associations or companies referred to in the clause above.
If you are an organization eligible to issue tax deduction certificates under Section 80G of Income Tax Act, 1961 to your donors who made contributions in Indian Rupees, PadmachakraFoundation will facilitate the process through its proprietary software application on your behalf. However, it is your sole responsibility to ensure that you have the necessary approvals and certificates to issue such tax-deductible receipts to your donors. PadmachakraFoundation will not have any liability, in any form whatsoever, in this regard.
In certain instances, as determined byPadmachakra Foundation at its sole discretion, PadmachakraFoundation may provide Campaigns with marketing services. In such instances, your consent to the use of Original Materials, Interviews, Photos, and Video Release by PadmachakraFoundation and also allow deductions towards additional outreach costs incurred towards the marketing efforts.
You hereby indemnify and agree to keep indemnified and hold safe and harmless PadmachakraFoundation, its Directors, employees and agents against all such liabilities or claims and also against any loss or damage that may arise on the Party, its Directors, employees and agents on account of acts of omission, utilization of funds by us on anything other than the stated Purpose, lack of necessary regulatory approvals for receipt of funds in any form or for carrying out the activities required for execution of the Purpose. The indemnities if any shall survive beyond the period of the Agreement. Please read details of the indemnities in a section below in this page.
In no event will the Company be liable for any indirect, incidental or consequential damages (including loss of profit or business), however arising, whether under contract, tort or otherwise, even if informed of the possibility of the same.
The Company may terminate the agreement at any point of time should it have material evidence of wrong utilization of funds, or absence of requisite regulatory approvals to raise funds or carry out the Purpose.
Your Registration Obligations: You may be required to register with PadmachakraFoundation in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form. Champions must register using their true identities, including their name and any image purporting to depict the Champions. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under 18 years old, you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with (and agree to the terms of) third party service providers (e.g., payment processors or charitable donation processors) in order to utilize such Services. While we may help facilitate such registration in some cases, we are not a party to any such relationships and disclaim any responsibility or liability for the performance by such third parties. We may exchange information with such third party services in order to facilitate the provision of Services (and related third party services).
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify PadmachakraFoundation of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. PadmachakraFoundation will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Services: PadmachakraFoundation reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Padmachakra Foundation will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Public Display of Donations: As a Donor, you have the option to publicly display your Donation for all to see, including on search engines (like Google and Yahoo). To keep the details of your Donation private, simply click the “Anonymous” checkbox during the Donation process. Please see our Privacy Policy for more information on the ways that we may collect, use, and store certain information about you and your use of the Services.
General Practices Regarding Use and Storage: You acknowledge that PadmachakraFoundation may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Padmachakra Foundation’s servers on your behalf. You agree that PadmachakraFoundation has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that PadmachakraFoundation reserves the right to terminate accounts or Campaigns that are inactive for an extended period of time, provided that PadmachakraFoundation will use its commercially reasonable efforts to provide a Champion with reasonable notice before terminating an inactive Campaign having a positive balance of Donations. You further acknowledge that PadmachakraFoundation reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Services includes certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding PadmachakraFoundation and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your PadmachakraFoundation account information to ensure that your messages are not sent to the person that acquires your old number.
Conditions of use
User Conduct: You are solely responsible for all Campaign descriptions, comments, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or transmit or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by PadmachakraFoundation. However, this list is not exhaustive and Padmachakra Foundation reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and international agencies, and take appropriate action against anyone who, in PadmachakraFoundation’s sole discretion, violates any of the terms or spirit of these Terms of Service (or the principles described in our preamble hereto), including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any such Campaign, freezing donated funds when PadmachakraFoundation reasonably believes it to be required by applicable law, and reporting you to the law enforcement authorities or otherwise taking appropriate legal action. Without limiting the foregoing, you agree to not use the Services to:
establish or contribute to any Campaign with the implicit or express purpose relating to any of the following:
any activity that violates any law or governmental regulation;
content or campaigns that are fraudulent, misleading, inaccurate or dishonest;
illegal drugs, narcotics, steroids, controlled substances or other products that present a risk to consumer safety or any related paraphernalia;
knives, explosives, ammunition, firearms, or other weaponry or accessories;
annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), debt collection or crypto-currencies;
gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes;
the promotion of hate, violence, harassment, discrimination or terrorism, or racial, ethnic, or gender intolerance of any kind;
libel, slander, defamation by implication (not proven in the court of law) against any person, whether living or dead, or any organization;
violation of any third party rights;
human trafficking or exploitation;
pornography or other sexual content;
offensive, graphic, perverse or sensitive content;
the defense or support of anyone alleged to be involved in criminal activity;
offering monetary rewards, including gift cards;
funding an abortion, unless in accordance with applicable laws;
ending the life of an animal;
transactions for the sale of items before the seller has control or possession of the item;
collection of payments on behalf of merchants by payment processors or otherwise; or
credit repair or debt settlement services;
activities with, in, or involving countries, regions, governments, persons, or entities that are subject to Indian and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
utilisation for political and/or electoral purposes including but not limited to contesting elections or any election related expenses, lobbying, organising protests, mass mobilisation of people, campaign for or against any political party, or any activity that could be interpreted as a political campaign by potential donors or authorities;
utilisation for activities that propagate/preach a religion including but not limited to construction and/or consecration of religious symbols, institutions, events, evangelism, organizing sermons, or any other activity that could be interpreted as a religious activity by potential donors or authorities.
transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of PadmachakraFoundation, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose PadmachakraFoundation or its users to any harm or liability of any type; or
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
harvest or collect email addresses and/or identifiable information of other users from the Services by electronic or other means
Donations: In order to contribute to a Campaign or to a Charity, You, as a Donor, represent and warrant to Padmachakra Foundation that all information, including information related to credit cards or other payment instruments, you provide to PadmachakraFoundation is true. You are authorized to use the payment instrument. You agree that a certain minimum Donation amount may apply, and subject to the refund policy, that all Donation payments are final and cannot be refunded. Donors may have the option to contribute recurring period Donations, and in electing to contribute on a recurring basis, you, as a Donor, (i) agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur and to pay the Donation amount that you specify, and (ii) hereby authorize Padmachakra Foundation to bill your payment instrument in advance on a periodic basis until you terminate such periodic payments through the Platform.
Padmachakra Foundation shall transfer payments, net of its costs, charges and fees into the bank account details designated by the Campaign organizer during the fund withdrawal process. Once Padmachakra Foundation has made transfers into the designated bank account, Padmachakra Foundation shall be discharged of any/all liability towards the Campaign organizer, Champion, Beneficiary, Recipient and contributors/donors and the Campaigner, Champion, Beneficiary, Recipient, donors, and contributors shall not be eligible for any claims and/or refunds thereof.
The Purpose has been clearly declared on the fund-raising page, and you have clearly understood the project and the utilization of funds.
Your donations will be transferred to the Recipient, and will be utilized for the benefit of the Beneficiary.
Padmachakra Foundation and the payment gateway will deduct their fees and applicable taxes before providing the funds to the Recipient. The Company will deduct the fees on behalf of the platform which has hosted the project profile on the internet, and has facilitated the contributions to the project. You understand that the fees are towards web hosting, marketing, and promotion, and that Padmachakra Foundation is only facilitating the collection of the fees on behalf of the owners of the Platform.
Any Tax Deduction Certificate (for Indian contributors only) will be issued by the Charity, as defined in the “Charitable Giving” section of these Terms of Use. Whether such receipt will be provided has been clearly mentioned in the fund-raising page, and you have understood the same. Padmachakra Foundation will not be responsible for any Tax certificates or benefits.
Loans: You and other persons (each, a “Lender” and, collectively, “Lenders”) with borrowers and social enterprises in various countries in need of affordable capital (each, a “Borrower” and, collectively, “Borrowers”). In most instances, these Borrowers are considered “high risk” by traditional lenders for a variety of factors, including, but not limited to, the Borrowers’ lack of credit history, the use of the loan proceeds for entrepreneurial endeavours including investment in a “start up” business, and the geographic location including the risk of financial instability and foreign exchange rate fluctuations.
You may participate as a Lender by creating an online account on the Website registered to your email address. All transactions between Lenders and Borrowers or Field Partners must be conducted through a Padmachakra Foundation account. The amount of funds you have available in your Padmachakra Foundation account that you have deposited and is freely available to be lent is referred to as your “Padmachakra Foundation Credit.” If you make a Loan (as defined in the next sentence) through the Website, you are instructing PadmachakraFoundation to apply your Padmachakra Foundation Credit to fund the specific Loan you have designated on the Website. All Padmachakra Foundation Credit in your Padmachakra Foundation account must be lent and repaid to your account before you can withdraw it. While making a loan you agree that you understand and accept the process used by Padmachakra Foundation to manage loans, and detailed in Loan process.
By lending on Padmachakra Foundation, you hereby acknowledge and agree that (a) Padmachakra Foundation makes no representation, warranty, covenant or guarantee that any funds you lend to a Borrower via the Website will be repaid in whole or in part, (b) loans and other similar transactions made via the Website (each, a “Loan”) are unsecured and bear a high risk of non-repayment and (c) given your financial situation and objectives, you will lend only those amounts on the Website that you can afford to lose. Loans made via the Padmachakra Foundation are philanthropic in nature with no offered rate of return, subject to foreign exchange fluctuations and, as such, are not intended as, and cannot be considered as, an investment in a financial instrument or security. Loans made via PadmachakraFoundation are not cancellable or refundable by you.
In order to comply with local laws and regulations, any loan, in which the user has not logged into the padmachakrafoundation.org system, or has not performed any action on the padmachakrafoundation.org site, for more than 5 years, counted from the time of the closure of the audit, will be recognized as income by IPT Singapore, subsidiary of PadmachakraFoundation. End of every year Padmachakra Foundation will work out and identify outstanding loans, where the lender has not made a login, nor taken any action on padmachakrafoundation.orgplatform, for the last 5 years. PadmachakraFoundation will send an email to such lenders to log-in to the system, at the end of every financial year. Such loans, where the lenders do not log in even after the email, will be recognized as income by the auditors of IPT Singapore.
Fees: PadmachakraFoundation does not charge a Champion any upfront fees for initiating a Campaign. Padmachakra Foundation retains a flat percentage of each Donation contributed to a Campaign and all charitable contributions made to a Charity (collectively, “Padmachakra Foundation Platform Fees’ ‘). An additional payment processing fee is also deducted from each Donation and is payable directly to our third party payment processors (the “Payment Processing Fee,” and together with the Padmachakra Foundation Fees, the “Fees”). In some cases, where the Campaign Organizer has requested, through a written consent, for additional outreach from Padmachakra Foundation through social media to raise funds, Padmachakra Foundation shall retain an additional percentage of each Donation contributed to a Campaign from the start of outreach effort towards the costs incurred for such efforts (collectively, “Additional Outreach costs”) Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms and conditions set forth by a third party payment processor, in addition to these Terms of Service.
Fees are deducted directly from each Donation, and will not be reflected in the amount which a Champion can withdraw from the Campaign or which is directed to a Charity. We reserve the right to change Padmachakra Foundation’s pricing from time to time. If Padmachakra Foundation does change its Fees, Padmachakra Foundation will provide notice of the change on the Site or in email to you, at Padmachakra Foundation’s option, at least 30 days before the change is to take effect. Your continued use of the Services after the Fee change becomes effective constitutes your acceptance of the updated Fees.
Account Holds: From time to time, Padmachakra Foundation may place a hold on a Campaign account (a “Hold”) restricting Withdrawals (defined herein) by a Champion. Some of the reasons that we may place a Hold on a Campaign Account include the following: (i) if we have reason to believe (in our sole discretion) that information provided by a Champion is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available should be provided directly to a person other than the Beneficiary (such as a legal beneficiary or person entitled by law to act on behalf of a Beneficiary), (iii) if we have reason to believe that a Campaign or Champion has violated these Terms of Service, (iv) if we think we need additional documentation to have reasonable assurance on utilization of Donations for the purpose stated in the Campaign, or (iv) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please contact us at connect@35.189.188.196
Withdrawing Donations from a Campaign: Subject to approvals from Padmachakra Foundation, you, as a Champion (or, as applicable, the beneficiary designated by the Campaign), may withdraw Donations to your Campaign at any time up to the full amount of all Donations credited to your Campaign, less Fees and any previously withdrawn amounts (“Withdrawals”) and subject to any Holds that we may place on your Campaign account. A Champion may withdraw Donations by electronic wire transfer to the designated bank account or by receipt of a paper check in certain cases. While PadmachakraFoundation strives to make Withdrawals available to you promptly, you acknowledge and agree Withdrawals may not be available to you for use immediately, and PadmachakraFoundation does not guarantee that Withdrawals will be available to you within any specific time frame, and Padmachakra Foundation expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Champion, are responsible for ensuring that the information you provide to the Campaign in order to process a Withdrawal, including the bank account information, statutory information including but not limited to valid government issued IDs of the Beneficiary and the Recipient for the purpose of KYC, is accurate and up to date.
Services of PadmachakraFoundation
(i) PadmachakraFoundation is a marketing service provider and the Website merely provides platform services which can be utilized by Users (being Donors / Contributors and Campaigner) and persons browsing / visiting the Website to reach a larger base of people, organizations and causes.Padmachakra Foundation 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.
(ii) The Website is a platform that Donors utilize to meet and interact with various Campaigner and the representatives of several non-profit organizations in India based on the representations of the campaigns started by such person(s) and/or a cause supported by such Campaigner and Non-Profit Organisations in India, enter into transactions for making contributions or sharing information. All information provided about the campaigns, is that which is provided by the respective campaigner initiating the campaign and the non- profit organizations in India for which/on behalf of whom the campaigns have been started to raise funds.
(iii) The User acknowledges that Padmachakra Foundation is only a marketing service provider and Padmachakra Foundation does not verify the bona fides and genuineness of campaigns, PadmachakraFoundation cannot and does not verify specific data provided by Campaigner. Therefore, PadmachakraFoundation shall not in any manner be responsible or held accountable for any transaction between the Users.
(iv) PadmachakraFoundation has limited control over all campaigns and information listed and / or advertised on the Website the Campaign generated information and is merely an intermediary and does not interfere in the transaction between Donors / Contributors and Campaigner.
(v) It is hereby clarified that at no time shall PadmachakraFoundation 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. PadmachakraFoundation is not responsible for unsatisfactory or delayed performance of the campaign by the Campaigner.
Eligibility of the User (as defined herein below)
(i) 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 Padmachakra Foundation 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. Padmachakra Foundation reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to PadmachakraFoundation’s notice or if it is discovered that you are under the age of 18 years.
(ii) Organizational Campaigner / Legal Person’s Registration: If you are registering as an Organization / Entity or generally Legal Person, not being a natural person, you represent that you are duly authorized by the Organization / Entity Management to accept these Terms of Use and you have the authority to bind the Organization / Entity to these Terms of Use.
Campaigner
(i) A Non-Profit Organization in India, which is registered on PadmachakraFoundation and/or an person who is a supporter or intends to further the cause of such Non Profit Organizations in India or an Individual with an Indian bank account or a private limited company with a bank account in India, is permitted to present/host a campaigns on the Website of PadmachakraFoundation in accordance with the Policies which are incorporated by way of reference in this Terms of Use and any agreement entered into by PadmachakraFoundation and any such person (a Non-Profit Organization, an Individual or a company in India registered with or is a member of PadmachakraFoundation and/or any person hosting a campaign on the Website of PadmachakraFoundation shall hereinafter collectively be referred to as a “Campaigner”).
(ii) A Campaigner is bound and legally liable to provide accurate, true and correct information in respect of the details of the cause for which the campaign is hosted for and raising funds on our website.
(iii) A Campaigner shall ensure that the description of the campaign must not be misleading and must describe need and use of the funds to be raised. PadmachakraFoundation reserves the right to delete your campaign if it is brought to the notice of Padmachakra Foundation that the information provided by you is false, does not depict the true nature of the campaign or is misleading in any manner.
(iv) A Campaigner shall ensure that the information and the Fundraiser do not infringe upon the intellectual property, trade secret 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 your campaign and the need and the use of the funds raised. If any rewards or promotions are being offered to the donors / contributors, you acknowledge the same if products shall be kept in stock by you and if services personal or otherwise are fulfilled by you.
(v) It shall at all times be the responsibility of the Campaigner to furnish the Donor with accurate progress reports and any other information that may be required by the Donor to track the utilization of the funds donated by the Donor to the Campaigner via Padmachakra Foundation.
(vi) 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.
Donor
Any person who fulfills the eligibility criteria set out in clause B above shall be permitted to donate to any campaign started/listed on the Website by any of the Campaigners (“Donor”).
The Donor hereby agrees to make the payments for any campaign as per the terms and conditions stated herein.
The Donor further agrees and declares that the Donor is aware that Padmachakra Foundation 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 moneys(s) for any campaign via Padmachakra Foundation on the Website.
The donor will be sent timely updates about the progress/status of the fundraiser from both the campaigner and Padmachakra Foundation via SMS and email. In case one wants to opt out of this service, they need to log into their Padmachakra Foundation profile and disable the communications for that campaign.
The Donor shall conduct their independent due diligence with respect to any information/campaign listed by a Campaigner (which includes the non- profit organization in India) before making any donations on the Website as Padmachakra Foundation shall not be responsible in any manner for any misrepresentation and/or false information that may be listed on the Website.
For every fundraiser that raises funds on Padmachakra Foundation, the system runs a thorough and in-depth check on the legitimacy of each donor’s profile. In case of intimation of donations coming in from fraudulent sources, the compliance team holds the right to refund the transactions.
In the event a campaign is listed by any person on behalf of a non –profit organization in India, the Donor shall approach only the particular non- profit organization in India for which the Donor has donated the money to track the utilization of the funds or any other information that may be required by the Donor. The Donor hereby agrees and declares that the Donor is aware that Padmachakra Foundation shall at no point of time be held answerable or accountable for any money(s) once the funds donated have been handed over to the non-profit organization in respect of which donations have been made.
Coupons – Users need to log ontopadmachakrafoundation.org, where the person can browse all campaigns on Padmachakra Foundation and contribute to any campaign without paying anything using this coupon. Users need to be logged in via Facebook and can be used only once per user. Multiple usage by the same account will not be allowed.
Anti-Money Laundering (AML) policy
We comply with the Anti-Money Laundering (AML) guidelines established by the Reserve Bank of India, vide its circular RPCD.RRB.RCB.AML.BC.No.02/07.51.018/2014-15 on 1 July, 2014 and updated from time to time. The guidelines include, but is not limited to, the following salient conditions:
Every Campaign Organizer has to verify their identity per the Know Your Customer (KYC) in the guidelines. This includes verification of registered mobile number via a One Time Password (OTP), and may also include one of the identification documents viz. Permanent Account Number, Aadhar Card, Passport, Driving License, Voter Id. recognised by the Reserve Bank of India. The list of such registered documents will be updated on padmachakrafoundation.org site, at its sole discretion, from time to time.
Every Recipient has to verify his/her identity per the Know Your Customer (KYC) in the guidelines. This includes verification of registered mobile number via a One Time Password (OTP), and may also include one of the identification documents viz. Permanent Account Number, Aadhar Number, Passport, Driving License, Voter Id, etc., recognised by the Reserve Bank of India. The list of such registered documents will be updated on padmachakrafoundation.org site, at its sole discretion, from time to time.
The verification will be essential to withdraw funds from Padmachakra Foundation, and may be asked by Padmachakra Foundation, at its sole discretion, during the course of a campaign. Failure to comply, may result in cancellation of a fundraising campaign, and funds may be returned to donors in such a scenario.
Campaign Organizers may not create multiple Campaigns without proof of meeting fulfilment obligations from the original Campaign. Failure to adequately fulfil Campaign obligations may result in Padmachakra Foundation removing the Campaign(s) and seeking reimbursement of Campaign funds raised, including by using third-party collection services. Only the Campaign Owner shall be permitted to collect Campaign funds.
Campaign Owners and Recipients are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with Campaign Owners and/or Recipients.
Campaign Owners may not use a false email address to self-fund, or contribute to, their own Campaigns; this is a violation of Stripe policies and of our Terms of Use.
Padmachakra Foundation may attempt to verify the identity and other information provided to us by Campaign Owners, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Campaign Owner eligibility is subject to Padmachakra Foundation’s review of the fulfilment status of prior crowdfunding obligations.
Taxing authorities may classify funds raised on the Services as taxable income to the Campaign Owner and any Recipient who will receive funds directly from the applicable Campaign. Padmachakra Foundation will ask for the personal account number / tax identification number (PAN) of Campaign Owners and any beneficiaries and/or Recipients so that we may report taxable income to the relevant taxing authorities.
For contributors on impaac.org, only standard channels of payment – verified credit or debit cards, net banking, bank transfers, cheque, prepaid instruments such as wallets, Unified Payment Interface or cash (upto limits allowed by the RBI) – will be allowed. Cash payments are accepted for Indian residents only.
Recipients (campaign organisers, whether individuals or organizations) will comply with foreign exchange rules as explained by the Foreign Exchange Management Act of the RBI. Any failure to do so may result in cancellation of fundraiser, and refund of donations, to the cancelled fundraiser, to respective donors.
AML policies will be updated time to time at the sole discretion of Padmachakra Foundation.
Charges
(i) Padmachakra Foundation does not charge any fee for browsing on the Website. Padmachakra Foundation’s charges are limited to the facilitation fee (including platform / collection fees and transactional charges) which is charged to the beneficiaries of the funds raised on PadmachakraFoundation on the terms and conditions agreed to between PadmachakraFoundation and the beneficiaries of the funds independently. Padmachakra Foundation reserves the right to change its Fee Policy from time to time. In particular, Padmachakra Foundation 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 Padmachakra Foundation reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.
(ii) By agreeing to the Terms of use, you agree to Padmachakra Foundation’s plans and pricing policy.
(iii) Padmachakra Foundation runs advertising campaigns on behalf of its campaigners for which it also deducts the full advertising expense other than the Padmachakra Foundation facilitation fee before transferring the funds to the beneficiary
Intellectual property rights
Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by Padmachakra Foundation, 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 (as defined below) that you legally upload to the Services. 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 Padmachakra Foundation 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 Padmachakra Foundation, 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 PadmachakraFoundation.
The Padmachakra Foundation name and logos are trademarks and service marks of Padmachakra Foundation (collectively the “PadmachakraFoundation 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 Padmachakra Foundation. Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Padmachakra Foundation Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Padmachakra Foundation Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Padmachakra Foundation be liable in any way for any content or materials of any third parties (including users and Campaign Organizers), 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 Padmachakra Foundation does not pre-screen content, but that Padmachakra Foundation 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, Padmachakra Foundation and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Padmachakra Foundation, in its sole discretion, to be otherwise objectionable.
User Content Transmitted Through the Services: With respect to the content, photos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading any User Content you hereby grant and will grant Padmachakra Foundation and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Padmachakra Foundation and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of Padmachakra Foundation in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Padmachakra Foundation’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to PadmachakraFoundation are non-confidential and Padmachakra Foundation will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Padmachakra Foundation may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Padmachakra Foundation, its users or the public.
Copyright Complaints: Padmachakra Foundation respects the intellectual property of others, and we ask 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 Padmachakra Foundation of your infringement claim in accordance with the procedure set forth below.
Padmachakra Foundation 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 Padmachakra Foundation’s Copyright Agent (Subject line: “Takedown Request”). You may also contact us by mail or facsimile at:
‘Giri Prya’ No,24/31 Akbarabad Second Street,
Kodambakkam,
Chennai 600024
India
To be effective, the notification must be in writing and contain the following information:
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 Services;
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 Notice 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.
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 Copyright Agent:
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 federal court located within Bangalore, Karnataka, 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, Padmachakra Foundation will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content. 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.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Padmachakra Foundation has adopted a policy of terminating, in appropriate circumstances and at Padmachakra Foundation’s sole discretion, users who are deemed to be repeat infringers. Padmachakra Foundation may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third party websites/services
The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. Padmachakra Foundation has no control over such sites, services and resources and Padmachakra Foundation is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that Padmachakra Foundation 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 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 Padmachakra Foundation is not liable for any loss or claim that you may have against any such third party.
Social networking services
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 experience richer and more personalised. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Padmachakra Foundation’s use, storage and disclosure of information related to you and your use of such services within Padmachakra Foundation (including your friend lists and the like), please see our Privacy Policy. 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 third parties, and Padmachakra Foundation 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.
In addition, Padmachakra Foundation is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Padmachakra Foundation is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Padmachakra Foundation enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and release
You agree to release, indemnify and hold Padmachakra Foundation and its affiliates and their officers, employees, directors and agents harmless 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 Donation, any loan,any Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another.
Disclaimer of warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Padmachakra Foundation 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.
PadmachakraFoundation 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 MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER Padmachakra Foundation NOR ITS AFFILIATES 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 Padmachakra Foundation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEM