Introduction and Acceptance
Consent to Electronic Disclosures
Because BitGiving’s Services are provided electronically, you must consent to BitGiving’s providing information if you would like to proceed. This notice must be read carefully and a copy may be retained for future reference. Should you consent to receive information electronically the following disclosures will be sent to you via electronic mail or our website:
The BitGiving Terms and Conditions, including legal disclosures.
Any changes made in the future regarding BitGiving’s Terms and Conditions.
All other legal notices and communications and/or disclosures.
In order to receive this information through an electronic medium, you must have a computer or mobile smart phone with internet access and the ability to receive e-mail. Please be advised that some web browsers may not be supported.
In registering for BitGiving, you:
Agree to receive information and disclosures electronically on this website and/or via e-mail and confirm that you will download and print any disclosures for your own personal records.
Confirm that you have the capacity to receive information that is provided electronically at this website and via e-mail.
Authorize electronic delivery of any and all communications and disclosures regarding BitGiving’s services on this website and via e-mail and providing your consent to receive electronic communications.
Agree to receive e-mails regarding the BitGiving services.
Notices shall be considered as received within 24 hours from the time it has been posted on the website or e-mailed to you unless a notice has been received that the email was not delivered.
BitGiving Mobile Applications
BitGiving’s mobile application allows users to access many of BitGiving’s services through a mobile device. If you use the application you are responsible for any fees that your phone service provider charges for SMS, data, etc. BitGiving is not affiliated with any phone service providers.
In order to remain compliant with the laws established by the Republic of India, BitGiving reserves the right to obtain, verify and sometimes store personal information. BitGiving is not a Money Services Business; however as required by law BitGiving must store certain pieces of customer information and cooperate with law enforcement to help the government fight terrorism and money laundering. BitGiving may also share this information with some strategic partners.
BITGIVING.COM is an online platform where users ("Campaign owners") run campaigns to fund their creative and social projects. The campaign owners for creative projects offer rewards to raise funds from "contributors" for their creative projects. The rights of a creative project are not given to the contributors and remains with the campaign owner or the owner/owners of the project. Through the Site, email, websites, and other media, the Service 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"). Campaign owners and contributors, and other visitors to and users of the Service (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. The Site offers various payment gateways to facilitate transaction of funds for campaigns. However, it may be noted that the Site and the Company:
Are not the final recipients of any funds from the contributors directly, but a service provider, which enables receipt of funds (both domestic and foreign) by campaign owners, who are the final recipient of funds.
Do not generate contributions and contributors for a campaign.
Do not guarantee that the target funds of a campaign will be raised fully.
Do not offer the platform to Users for investing in a project for the purpose of profit sharing.
Our role in providing Payment Services is limited to providing you a means to send funds to another person and/or access funds sent to you by someone else. We are not responsible with how any such funds are used, whether to buy products/services that may be promoted through our Services or otherwise. Subject to all applicable laws, we reserve the right to charge certain fees in connection with your use of our Payment Service (whether you are sending or receiving funds). These fees may include, but are not limited to, the following:
Transaction Fee – a fee in connection with certain transactions you may enter using the funds via our Service.
Insufficient Fund/Chargeback Fees – fees in connection with insufficient funds to complete a transaction you request, credit card chargeback fees, and similar fees.
Other − other fees we may disclose when you establish your Membership or send/access funds through our Services.
Once a user has contributed to an event, they cannot withdraw their contribution. However, in case of a discrepancy, the user can get in touch with the Bitgiving team at [email protected] and the matter will be solved through an offline process.
Transfer of funds and MIS
The Site only transfers money to Indian Bank Accounts and does not provide international fund transfer service. The Site provides detailed information with regard to every contributor to the campaign owner: Contributor Name, Address, Nationality, Email Id, Contact Number, and Amount of Donation. If the details are not provided, campaign owners have to treat it as anonymous contribution, and cannot hold the Site and the concerned contributors responsible.
Any event created by a Campaign user, shall be the sole intellectual property of such campaign user with the exception of any trademark, service marks, trade names and trade dress that are the sole intellectual property of the company.
Access and Use
We may offer certain portions of our Services at no charge and others for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted or purchasing a limited license to use our Services. In addition, unless we specifically tell you otherwise, the use of any of our paid Services does not transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.).
In connection with your use of our website and/or mobile/tablet applications, your account, or the services, or in the course of your interactions with BitGiving, a User or a third party, you will not:
Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
Act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
Provide false, inaccurate or misleading Information;
Send or receive what we reasonably believe to be potentially fraudulent funds;
Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
Use an anonymous proxy;
Control an Account that is linked to another Account that has engaged in any of these Restricted Activities. Conduct your business or use the Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability toBitGiving, a User, a third party or you;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the Services;
Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
Transaction Fee – a fee in connection with certain transactions you may enter using the funds via our Service.
remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;
circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;
use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website or Service Content for any purpose without our express written permission;
collect or harvest any personally identifiable information from our Services including, without limitation, user names, passwords, email addresses;
solicit other users to join or become members of any commercial online service or other organisation without our prior written approval;
attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
decompile, reverse engineer, or disassemble any portion of our software or other Service Content, or our Services;
use network-monitoring software to determine architecture of or extract usage data from our Services;
encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (as defined below);
engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
BitGiving has certain limits in place in order to reduce the risk of fraud and chargebacks within the system. By using BitGiving and its services you agree that you abide by the following parameters:
In order to access or use some features of our Services, you may have to become a registered user. If you are under the age of 18, then you are not permitted to register as a user or otherwise submit personal information. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a "Membership"). You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to Contact Us immediately if you become aware of any breach of security or unauthorized use of your Membership.
We permit users to post, upload, transmit through, or otherwise make available through our Services (collectively, "submit") messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit
You represent, warrant, and covenant that you will not submit any User Content that:
violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
is an advertisement for goods or services or a solicitation of funds;
includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
contains a formula, instruction, or advice that could cause harm or injury; or
is a chain letter of any kind.
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.
We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
Service Content & Third Party Links
We provide our Services including, without limitation, Service Content for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.
In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
Rewards, if promised by the Campaign/Event creators, are not BITGIVING or HuddleTech Services Pvt. Ltd’s responsibility. The delivery and coordination of the same is the responsibility of the event creator.
Amendment; Additional Terms
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.