bmstonline.com
is a platform for giving and charitable donations. 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 bmstonline.com
.
Any contribution on bmstonline.com , by
an individual, should not be construed as an investment in any form whatsoever.
Consolidated
terms of use and terms and conditions
Please read these Terms of Use/Terms
and Conditions carefully before using http://www.bmstonline.com
(the ‘website or the ‘Site’), owned
by parent company Baroda Muslim
Seva Trust and its affiliated companies or
entities (combined called as the ‘company’). This agreement sets forth the
legally binding terms and conditions for your use of the website. By using the
service/services in any manner, including, but not limited to, visiting or
browsing the site or contributing content, information, or other materials or
services to the site, you agree to be bound by this agreement.
These terms and conditions apply in
addition to any other terms and conditions that the Company or its affiliated
organizations may ask you to sign at the time of making the contribution. The
Company may ask you to sign specific terms and conditions at different point of
activities on the website.
Summary of
Service
Baroda Muslim Seva Trust is an online platform to raise funds by asking for contributions
from other users (‘contributors’ or ‘funders’) in return for tangible and
intangible rewards. Through the Site, email, websites, and other media, the
Company makes accessible various content, including, but not limited to,
videos, photographs, images, artwork, graphics, audio clips, comments, data,
text, software, scripts, projects, other material and information, and
associated trademarks and copyrightable works (collectively, “Content”).
Campaigners, contributors or funders, and other visitors (collectively,
“Users”) may have the ability to contribute, add, create, upload, submit,
distribute, facilitate the distribution of, collect, post, or otherwise make
accessible (“Submit”) Content. “User Submissions” means any Content Submitted
by Users. By creating a fundraising campaign on Baroda
Muslim Seva Trust, you as
the campaigner are offering the public the opportunity to enter into a contract
with you. By funding or contributing fundraising campaign on Baroda Muslim Seva
Trust, you as the funder/contributor accept that offer and the contract between
the campaigner and the funder/contributor. Baroda Muslim Seva Trust is not a
party to that agreement between the campaigner and the funder/contributor. All
dealings are solely between Users.
Acceptance
of Terms
The Service is offered subject to
acceptance of all of the terms and conditions contained in these Terms of Use,
including the Privacy Policy (that can be found on the website) mentioned in
this document and all other operating rules, policies, and procedures that may
be published on the Site, which are incorporated by reference and may be
updated by the Site without notice to you. In addition, some Services offered
through the Site may be subject to additional terms and conditions adopted by
the Company. Your use of those services is subject to those additional terms
and conditions, which are incorporated into these Terms of Use by this reference.The Services of the Site is available only to
individuals who need their funds transferred to an Indian bank account. The
Company may, in its sole discretion, refuse to offer the Site’s services to any
person or entity and change its eligibility criteria at any time. This
provision is void where prohibited by law and the right to access the Site’s
services is revoked in those jurisdictions.
Modification
of Terms of Use
The Company reserves the right, at
its sole discretion, to modify or replace these Terms of Use, or change,
suspend, or discontinue the Site and its services (including, but not limited
to, the availability of any feature, database, or Content) at any time for any
reason. The Company may also impose limits on certain features and services or
restrict your access to parts or all of the website
without notice or liability. It is your responsibility to check the Terms of
Use periodically for changes. Your continued use of the website following the
posting of any changes to the Terms of Use constitutes acceptance of those
changes.
Registration
You may view Content on the Site
without registering, but as a condition of using certain aspects of the Site,
you may be required to register with the Company and it’s Site and create a User profile using a “User ID”
and password. The Site also allows you to use your Facebook
profile as your login preference; however, the Site does not post or publish anything on your Facebook
profile without your permission. Also, please note that Facebook
has a standard login procedure, which you must follow as a user; Baroda Muslim Seva
Trust has no control over Facebook’s login procedure.
Additionally, you shall provide accurate, complete, and updated registration
information. Failure to do so shall constitute a breach of the Terms of Use,
which may result in immediate termination of your account. You shall not use as
a User ID, domain name, or project name, any name or term that (i) is the name of another person, with the intent to impersonate
that person; (ii) is subject to any rights of another person, without
appropriate authorization; or (iii) is offensive, vulgar, or obscene. The
Company reserves the right in its sole discretion to refuse registration of or
cancel a User ID, domain name, and project name. You are solely responsible for
activity that occurs on your account and shall be responsible for maintaining
the confidentiality of your password for the Site. You shall never use another
User account without the other User’s expressed permission. You will
immediately notify the Company in writing of any unauthorized use of your
account, or other known account-related security breach.
Fund
transaction and accountability
The Site offers various payment
gateways to facilitate transaction of funds for campaigns. However, it may be
noted that the Site or the Company:
Terms and
Conditions for Fundraisers (Those Who Want To Raise Funds)
General
Conditions
Fund
transfer and management
Baroda Muslim Seva Trust only enables the flow of funds from funders
to campaigners and is not the final recipient of funds raised on its platform,
unless running a proprietary crowdfunding campaign. Baroda Muslim Seva
Trust deducts its transaction fees (including service tax) and transfers the
net amount. If the campaigner has not met their funding goal, the transfer
amount does not include the contributions chosen for a refund.
Foreign
funds
Note for Ngos:
You have to be registered/approved with FCRA to be
able to receive foreign donations. Else foreign contributions will be
restricted on your campaign.
Taxation
Campaigners must bear any tax
liabilities on the funds raised through Baroda Muslim Seva Trust. These taxes
may include, but are not limited to, income tax, VAT, and service tax
applicable on the fund’s raised or on the procurement
of rewards. Samaj Vikar Parivar Trust is not liable to provide any tax or legal
advice to campaigners in addition to the information already provided in our
FAQs section.
Project
completion
While campaigners have full project
ownership and the right to complete it, they are accountable and obliged to
finish the project by the deadline they have set. Campaigners must also keep
the funders updated about the work in progress in case of delays to avoid
funder dissatisfaction. The Company or the Site does not make any claims or
guarantees on behalf of the campaigner regarding the completion of the project
and usage of the funds raised solely for the purpose of the project. Similarly,
the Company or the Website does not take any responsibility for making sure that
the project for which the funds are raised through its Site is completed and
made available to the contributors. The contributors are free to get in touch
with the campaign owner directly and solving any dispute that arises regarding
the campaign or the project.
Samaj Vikar Parivar
Trust branding & marketing
Campaigners must include Samaj Vikar Parivar
Trust’s logo branding on all project and/or campaign related marketing
collaterals, whether online or offline (e.g., online banners, offline flyers)
as per Samaj Vikar Parivar Trust’s brand and logo guidelines. Samaj Vikar Parivar
Trust should be credited as the project’s “Online Crowdfunding
Partner” at campaign or project related offline events. Also successful
campaigners are obliged to attend and/or lead Samaj Vikar Parivar Trust’s branding
& marketing activities such as events, ad videos, interviews, etc.
Campaign
cancellation
Samaj Vikar Parivar Trust reserves the right to reject, cancel,
interrupt, remove, or suspend a campaign at any time and for any reason. Samaj Vikar Parivar
Trust is not liable for any damages as a result of any of those actions. Samaj Vikar Parivar
Trust’s policy is not to comment on the reasons for any of those actions.
Samaj Vikar Parivar
Trust’s rights
Samaj Vikar Parivar Trust reserves the right to make changes in its
technology platform or crowdfunding services at
anytime as it sees fit with due notification to campaigners and other users. Samaj Vikar Parivar
Trust will not tailor it’s offering to various
campaigners. Users are requested to keep themselves updated with all changes on
Samaj Vikar Parivar Trust’s platform and policies by regularly checking
its FAQs or with the Company directly.
The Company will not have any
ownership rights over your User Submissions and Content. However, the Company
will get the license to perform and market the Site on your behalf and on
behalf of its other Users and itself. You grant to the Company the worldwide,
non-exclusive, perpetual, irrevocable, royalty-free, sublicensable,
transferable right to (and to allow others acting on its behalf to)
(i) use, edit, modify, prepare derivative works of,
reproduce, host, display, stream, transmit, playback, transcode,
copy, feature, market, sell, distribute, and otherwise fully exploit your User
Submissions and your trademarks, service marks, slogans, logos, and similar
proprietary rights (collectively, the “Trademarks”) in connection with
(a) the Site,
(b) the Company’s (and its successors’ and assigns’) businesses,
(c) promoting, marketing, and redistributing part or all of the Site (and
derivative works thereof) or the service in any media formats and through any
media channels (including, without limitation, third-party websites);
(ii) take whatever other action is required to perform and market the Service;
(iii) allow its Users to stream, transmit, playback, download, display,
feature, distribute, collect, and otherwise use the User Submissions and
Trademarks in connection with the Service; and
(iv) use and publish, and permit others to use and publish, the User
Submissions, Trademarks, names, likenesses, and personal and biographical
materials of you and the members of your group, in connection with the
provision or marketing of the Service. The foregoing license grant to the
Company does not affect your other ownership or license rights in your User
Submissions, including the right to grant additional licenses to your User
Submissions.
Third-Party
Sites
The Site may permit campaign owners
and users to link to other websites or resources on the Internet, and other
websites or resources may contain links to the Site. When you access
third-party websites, you do so at your own risk. Those other websites are not
under the Company’s control, and you acknowledge that the Company is not liable
for the content, functions, accuracy, legality, appropriateness, or any other
aspect of those other websites or resources. The inclusion on another website
of any link to the Site does not imply endorsement by or affiliation with the
Company
Terms and
conditions for funders or contributors (Those Who Want To Give Funds)
General
Terms
Registration
Contributors can only fund a project
by registering on the Site using the Site’s login procedures. By choosing the Facebook login, they agree to give the Site, access to
their Facebook account’s profile pictures and email
id. They also allow the Site to create their account on Samaj
Vikar Parivar Trust and use
their FB profile picture as the profile picture of their Samaj
Vikar Parivar Trust
account. The Site does not publish any content on their Facebook
profiles without their permission.
Payment
details
A contribution is a voluntary
donation made by a contributor to a project’s campaign running on the Site for
the purpose of raising funds. The contributor does not make the contribution
for any monetary returns like equity or profit share in the project, neither is
his/her contribution considered a loan to the project or its campaigner.
Fees and
taxes
Contributors give their consent and
authorize the Site to deduct the necessary commissions on the contributed
amount before transferring to the final recipient i.e., the campaigner.
Payment
details
By funding a campaign, the
contributors agree to provide their name, email address, phone number, billing
and shipping addresses. They also agree to provide the authorized online
payment gateway of the Site, CC Avenue, necessary & required details of
their credit and debit cards for making an online contribution, or the accurate
address for cash/cheque pick up to the Site’s offline
collection vendors. Contributors agree to have sufficient funds or credit
during making a contribution for a campaign. Contributors are informed that
their credit and debit card related details are not provided to the Company or
the Site by the online payment gateway & remain confidential.
Other
contributor information
Contributors authorize the Site to
provide campaigners their name and contact details for the purpose of
delivering rewards and connecting regarding queries or updates regarding the
funded project.
Additionally, they also authorize
the Site to publish their name and image (if logged in through Facebook) on the ‘Contributor’ section of the campaign that
is funded by them. However, contributors can choose to be “anonymous”, if they
don’t wish to make themselves public. None of the contributors’ funding amount
is made public by the Site. Furthermore, by providing the Site their contact
details, contributors agree to receive regular updates about the future crowdfunding campaigns on the Site through fortnightly
newsletters. They can always choose to deactivate reception of the Site’s
newsletter and other notifications.
Refund &
Cancellation
You make contributions on the
website are made towards Projects or people with the social impact as the
primary cause. You understand that this contribution is not for purchase of any
goods or services. Therefore, the contributions once cleared by the payment
gateway will go towards the project you intended to give to, and therefore
cannot be refunded or cancelled.
In case the project is cancelled
before the money is given by the Company to the project owner, the
contributions will be refunded to designated bank accounts. The company will
seek information, through e-mail, on your bank account for electronic transfer.
The Company will refund the amount in 15 working days from the date of receipt
of complete information. The Company will not be responsible for any wrong
information. However, such refund will be subject to applicable payment gateway
fees and taxes.
Rights of
the project
Contributors agree to not claim any
ownership in the project they fund through the campaign on the Site. The rights
of the project remain with the campaigner.
Dispute
between campaigners and their contributors
The Site or the Company is under no
obligation to become involved in disputes between any Users, or between Users
and any third party arising in connection with the use of the Site. This
includes, but is not limited to, delivery of goods and services, and any other
terms, conditions, warranties, or representations associated with campaigns on
the Site. You release the Site and Company, its officers, employees, agents,
and successors in rights from claims, damages, and demands of every kind, known
or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of
or in any way related to such disputes and the service.
Rules and
Conduct
As a condition of use, you promise
not to use the Site for any purpose that is prohibited by the Terms of Use or
law. The Site and its’ services are provided only for your own personal,
non-commercial use (except as allowed by in this Terms of Use). You are responsible
for all of your activity in connection with the Site and its Services. You
shall not, and shall not permit any third party using your account to, take any
action, or Submit Content, that:
Termination
The Company may terminate your
access to the Site, without cause or notice, which may result in the forfeiture
and destruction of all information associated with your account. If you wish to
terminate your account, you may do so by following the instructions on the
Site. Any fees paid to the Company are non-refundable. All provisions of the
Terms of Use that by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity, and limitations of liability.
Termination Warranty
Disclaimer
The Company has no special
relationship with or fiduciary duty to you. You acknowledge that the Company
has no duty to take any action regarding any of the following: which Users gain
access to the Site; what Content Users access through the Site; what effects
the Content may have on Users; how Users may interpret or use the Content; or
what actions Users may take as a result of having been exposed to the Content.
The Company cannot guarantee the authenticity of any data or information that
Users provide about themselves or their campaigns and projects. You release the
Company from all liability for your having acquired or not acquired Content
through the Site. The Site may contain, or direct you to websites containing,
information that some people may find offensive or inappropriate. The Company
makes no representations concerning any Content on the Site, and the Company is
not liable for the accuracy, copyright compliance, legality, or decency of
material contained on the Service.
The Company does not guarantee that
any Content will be made available through the Site. The Company has no
obligation to monitor the Service or Content. The Company reserves the right
to, at any time, for any reason, and without notice: (i)
cancel, reject, interrupt, remove, or suspend a campaign or project; (ii)
remove, edit, or modify any Content, including, but not limited to, any User
Submission; and (iii) remove or block any User or User Submission. The Company
reserves the right not to comment on the reasons for any of these actions.
The Service is provided “as is” and
“as available” and is without warranty of any kind, express or implied,
including, but not limited to, the implied warranties of title,
non-infringement, merchantability, and fitness for a particular purpose, and
any warranties implied by any course of performance or usage of trade, all of
which are expressly disclaimed. The Company, and its directors, employees,
agents, suppliers, partners, and content providers do not warrant that: (a) the
Service will be secure or available at any particular time or location; (b) any
defects or errors will be corrected; (c) any content or software available at
or through the Service is free of viruses or other harmful components; or (d)
the results of using the Service will meet your requirements. Your use of the
Service is solely at your own risk. Some states or countries do not allow
limitations on how long an implied warranty lasts, so the above limitations may
not apply to you.
The Company makes no guaranty of
confidentiality or privacy of any communication or information transmitted on
the Site or any website linked to the Site. The Company will not be liable for
the privacy of email addresses, registration and identification information,
disk space, communications, confidential or trade-secret information, or any
other Content stored on the Company’s equipment, transmitted over networks
accessed by the Site, or otherwise connected with your use of the Service. The
Company will not be liable for the privacy of email addresses, registration and
identification information, disk space, communications, confidential or
trade-secret information, or any other Content stored on the Company’s
equipment, transmitted over networks accessed by the Site, or otherwise
connected with your use of the Service.
Content and
License
You agree that the Site contains
Content provided by the Company and its partners and Users and that the Content
may be protected by copyrights, trademarks, service marks, patents, trade
secrets, or other rights and laws. You shall abide by and maintain all
copyright and other legal notices, information, and restrictions contained in
any Content accessed through the Service. The Company grants to each User of
the Site a worldwide, non-exclusive, non-sublicensable
and non-transferable license to use and reproduce the Content, solely for
personal, non-commercial use. Use, reproduction, modification, distribution, or
storage of any Content for other than personal,
non-commercial use is prohibited without prior written permission from the
Company, or from the copyright holder. You shall not sell, license, rent, or
otherwise use or exploit any Content for commercial use or in any way that
violates any third-party right.
Intellectual
Property
By submitting Content (User
Submissions) on the Site, you agree to the following terms:
Indemnification
You shall defend, indemnify, and
hold harmless the Company, its Site, its affiliates, and each of its and its
affiliates’ employees, contractors, directors, suppliers, and representatives
from all liabilities, claims, and expenses, including reasonable attorneys’
fees, that arise from or relate to your use or misuse of, or access to, the
Service and Content, or otherwise from your User Submissions, violation of the
Terms of Use, or infringement by you, or any third party using your account, of
any intellectual property or other right of any person or entity. The Company
reserves the right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will assist and
cooperate with the Company in asserting any available defenses.
Limitation
of Liabilty
In no event shall the Company, nor
its directors, employees, agents, partners, vendors, suppliers, or content
providers, be liable under contract, tort, strict liability, negligence, or any
other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of
substitute goods or services, or special, indirect, incidental, punitive, or
consequential damages of any kind whatsoever, substitute goods or services
(however arising) and (ii) for any bugs, viruses, trojan
horses, or the like (regardless of the source of origination).
Electronic
Delivery, Notice Policy, and Your Consent
By using the Site, you consent to
receive from the Company, all communications including notices, agreements,
legally required disclosures, or other information in connection with the Site
(collectively, “Contract Notices”) electronically. The Company may provide the
electronic Contract Notices by posting them on the Site. If you desire to
withdraw your consent to receive Contract Notices electronically, you must
discontinue your use of the Site. This agreement and each Terms of Use shall be
governed by and constructed in accordance with the laws of india without reference to conflict of laws
principles and disputes arising in relation hereto shall be subject to the
exclusive jurisdiction of the courts of Mumbai.
Governing
Law
This agreement and Terms of Use
shall be governed by and constructed in accordance with the laws of India
without reference to conflict of laws principles and disputes arising in
relation hereto shall be subject to the exclusive jurisdiction of the courts of
Bangalore only.
Integration
and Severability
These Terms of Use and other
referenced material are the entire agreement between you and the Company with
respect to the Service, and supersede all prior or contemporaneous
communications and proposals (whether oral, written or electronic) between you
and the Company with respect to the Service and govern the future relationship.
If any provision of the Terms of Use is found to be unenforceable or invalid,
that provision will be limited or eliminated to the minimum extent necessary so
that the Terms of Use will otherwise remain in full force and effect and
enforceable. The failure of either party to exercise in any respect any right
provided for herein shall not be deemed a waiver of any further rights
hereunder.
Miscellaneous
The Company shall not be liable for
any failure to perform its obligations hereunder where the failure results from
any cause beyond the Company’s reasonable control, including, without
limitation, mechanical, electronic, or communications failure or degradation.
The Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with the Company’s prior
written consent. The Company may assign, transfer, or delegate any of its
rights and obligations hereunder without consent. No agency, partnership, joint
venture, or employment relationship is created as a result of the Terms of Use
and neither party has any authority of any kind to bind the other in any
respect. In any action or proceeding to enforce rights under the Terms of Use,
the prevailing party will be entitled to recover costs and attorneys’ fees. All
notices under the Terms of Use will be in writing and will be deemed to have
been duly given when received, if personally delivered or sent by certified or
registered mail, return receipt requested; when receipt is electronically
confirmed, if transmitted by facsimile or e-mail; or the day after it is sent,
if sent for next day delivery by recognized overnight delivery service.