Terms & conditions
Welcome to www.samhita.org (“Website”) where you may avail the facilities and services provided by Samhita Social Ventures Private Limited (“Samhita”) on behalf of Nadathur Trust, a trust registered under the Indian Trusts Act, 1882 and having its registered office at # 278/23, 3rd Floor, 10th Main, T.Mariappa Road, 2nd Block, Jayanagar, Bangalore 560 011.
The Terms and Conditions of Service (“Agreement”) between Samhita and users of/ registrants on the Website (“You”) describes the terms on which Samhita offers You the Services through the Website. The use of this Website is governed by the terms and conditions under this Agreement. Before You use this Website, You must carefully read, understand, accept and agree to abide by all the terms and conditions under this Agreement. If you do not agree to these terms and conditions under the Agreement, please do not use the website.
Your use of the Website or the Services (as defined below) provided under the Website shall confirm Your acceptance to this Agreement and signifies that You agree to be legally bound by the terms and conditions of this Agreement.
Samhita reserves, in its sole discretion, the right to alter, add, delete or modify any provision of this Agreement at any time with or without prior notice to You which shall come into effect automatically, unless otherwise specified by Samhita. If You do not agree to any modifications, You should discontinue availing the Services (other than those which have already been availed by You prior to such modifications). Your continued use of the Website after the effective date of such changes constitutes your acceptance of and agreement to the amended terms and conditions.
This Agreement is effective from your acceptance thereof, which is indicated by Your Use of the Website or the Services. This Agreement shall be enforceable against You like any other written agreement.
1. Services
1.1 The facilities and services provided by Samhita (“Services”) currently include the following:
a) Funding Services : If You are registered on the Website as a social organisation (“Social Organisation”), You may be permitted to canvass for funds for charitable purposes through the Website and receive funds (“Donations”) from other registered members of the Website such as individuals (“Individuals”), other Social Organisations and service providers (“Service Providers”).
You may be permitted, on registration on the Website, to make Donations to Social Organisations through the Website. You may make Donations by credit card, debit card or other financial instruments.
You understand and agree that all Donations made by You shall be through a payment gateway provided by a third party and governed by the terms and conditions provided by such third party.
Samhita will not be responsible in any way for the foreign exchange fluctuations in relation to the Donations made.
You understand and agree that Samhita is not responsible for the manner of utilization of Donations by the recipient Social Organisations beyond the extent specifically mentioned on the Website, unless specifically agreed otherwise between You and Samhita.
You understand and acknowledge that Samhita shall act merely as an agent of Social Organisations, Individuals and/or Service Providers who make a Donation to a Social Organisation on the Website (“Donor”). Samhita shall, in acting as an agent, receive such Donation and pass the same on the Social Organisation designated by the Donor as soon as reasonably practicable, and without making any deductions to such sum (other than in respect of fees payable to the third party payment gateway provider, details of which are provided at [●]).
You understand and acknowledge that Samhita may request a tax free pass through non-profit entity to receive and pass on Donations from Donors to designated Social Organisations. In such event, such entity would issue tax exemption certificates to the Donor in respect of each Donation as soon as reasonably practicable.
Samhita will strive to ensure that Social Organisations registered on the Website send, where applicable, tax exemption certificates and feedback reports to Donors within reasonable time limits. Samhita shall exert reasonable influence at its command, including withdrawal of non-compliant Social Organisations from the Website, if, in its opinion, the situation merits such action. However, You agree that Samhita is indemnified by Donors on this Website from any liabilities arising out of any kind of non-compliance by such Social Organisation.
b) General Information and Services : You may access the general information on the Website relating to the social sector, legal information, financial information, frequently asked questions, etc. You may be permitted to post questions on the Website to the expert advisors of Samhita in respect of legal and other matters.
All information (including responses from expert advisors) on the Website is given in good faith, and does not amount to any professional advice. Samhita takes every effort to ensure the accuracy of information provided; however, You agree that Samhita, including its expert advisors (in such capacity) will not be held responsible for any losses of any kind incurred as a result of the information provided on the Website. You agree that opinions provided by expert advisors do not necessarily reflect Samhita’s opinions. You further agree and accept that Samhita disclaims all statements and responsibility on any information provided on the Website.
Information on User Profiles
Samhita endeavours to put up only such information on the Website, as it has verified, or otherwise as being true to the best of its knowledge. Samhita does not accept any liability due to inaccuracy of information or data provided on the Website. Any liabilities arising out of any act or omission by a user of or registrant on the Website, by relying on or using the information provided on the Website, shall be solely to the account of such user or registrant.
Samhita has conducted several checks to ensure the bona fide nature and credibility of registrants on the Website. However, Samhita does not make any representation or warranty as to the attributes/credentials (such as legal title, creditworthiness, identity, etc.) of any of the Social Organisations, Individuals or Service Providers registered as its users. You agree to verify the bona fides/credentials of any particular user/member that you choose to transact with on the Website and use your best judgment in that behalf and You agree not to hold Samhita responsible for any error in judgment in choosing the member.
c) Connecting Link : Samhita reserves the right to provide You the access to the profiles of other members on the Website and contact such members on the Website. Based upon your registration and membership category, You may be able to use this Service to contact Social Organisations and/or Individuals and/or Service Providers.
You agree that all transactions through the Website are between registrants on the Website and are purely bipartite in nature and further that Samhita is not responsible for any such transactions. Visitors to the Website and users/members acknowledge that Samhita is purely a facilitator for transactions between the Social Organisations and users/members of the Website and as such, stands indemnified from any and all liabilities that may arise due to any transactions that take place through the Website.
You are advised to note that certain Services may be provided only to registrants on the Website and further that certain Services may be provided only to registrants within certain membership categories. Details of the same are provided at [●].
1.2 Samhita makes no guarantee as to the continuous availability of the Service or any specific feature of the Services. Samhita reserves the right to discontinue and/or change the Service or any of its features at any time with or without notice to You.
2. Registration Requirements
2.1 You can avail the Services provided by Samhita after completion of the required registration process contemplated under the Website. Registration requirements and annual fees, if any, for categories of membership are provided at [●].
2.3 You agree to provide Samhita with accurate, complete and up-to-date information, including, where requested, your legal name, electronic mail (e-mail) address, contact number, bank account details and, upon Samhita’s request, certain scanned documents. All changes to this information must be promptly updated in your account on the Website. In this regard, You undertake that all information provided by You to Samhita to avail the Services is correct to the best of your informed knowledge.
2.4 By accepting this Agreement, You agree that You are responsible for all acts performed by You through your account on the Website until you close such account or we terminate your account in accordance with the provisions of this Agreement. If You perform any act against the agreed terms, Samhita retains the right to suspend or terminate your account without any further notice.
3. Use of the Services
3.1 You and those You authorize are the only individuals/entities who are authorized to access the Services through your account. You must ensure that all authorized users on behalf of your account comply with this Agreement.
3.2 You are responsible for maintaining the confidentiality of passwords used by yourself or any authorized user for your account.
3.3 You will not use the Services or permit others to use the Services through your account in any way that violates any law or regulation or subjects Samhita to liability of any means.
4. Your Obligations
You shall use the Services for lawful purposes only. You shall not, without limitation, submit or transmit through the Website any material or otherwise engage in any conduct that:
(a) violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
(b) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions, or accounts of sexual acts, is lascivious or appeals to prurient interest;
(c) victimizes, harasses, degrades or intimidates an individual or group of individuals (whether member of the Website or not) on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
(d) impersonates any person, business or entity including Samhita or its employees and agents;
(e) attempts to exploit a minor (under the age of 18);
(f) requires You to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;
(g) requires You to upload, post, email, transmit or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
(h) requires You to upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(i) contains viruses or any other computer codes, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
(j) encourages conduct that would constitute a criminal offence, or that gives rise to civil liability;
(k) violates this Agreement, guidelines or any policy posted on the Website;
(l) interferes with the use of the Services by others; or
(m) intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law.
You specifically agree that it is your responsibility to ensure that sufficient credit is available on your credit/debit card account to permit any payment made / attempted to be made on or through the Website.
5. Membership and Fees
Samhita is offering its Services to those who become member of the Website. You can become a member of Samhita free of cost and/or also upon payment. The membership by payment of fees is sub-divided into different tiers. The privileges available to You to use the Website would vary according to free membership and tiers of paid membership.
6. Copyright
Samhita respects the intellectual property of others and ask You to follow the same. If notified of allegedly infringing, defamatory, damaging, illegal or offensive content, Samhita may, in its sole discretion, investigate the allegation and/or edit, remove or request the removal of such content. Notwithstanding the foregoing, Samhita does not ensure that any such content will be edited or removed. However Samhita may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of repeat infringers.
Samhita reserves the right to use images and information uploaded by any of the registrants on the Website in inter alia general pages of the Website, publicity material or in any other study, survey or document connected to any services offered by Samhita. Samhita shall, in all such cases, acknowledge the source of such images and/or information in a manner as reasonably feasible.
7. Ownership
7.1 The Website, Services and materials (made available on the Website), and their selection and arrangement are protected by copyright, trademark, patent, trade secret and other intellectual and proprietary rights and Samhita is the owner and/or authorized user of all intellectual properties with respect to the Services. Samhita grants You a personal, non-transferable and non-exclusive right and license to use the Services; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, sell, assign, sublicense or otherwise transfer any rights over the Services. Except as expressly provided in this Agreement, Samhita does not grant any express or implied rights over the Website, Services and the materials.
7.2 The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Samhita or third parties. You are not permitted to use the Marks without the prior written consent of Samhita or the third party that may own the Marks.
7.3 Samhita may, at any time modify or discontinue, temporarily or permanently, the Website, Services, or the materials, or any portion thereof, with or without notice. You agree that Samhita shall not be liable to You or any third party for any modification, suspension or discontinuance of the Website, Services, or materials except as provided in this Agreement.
8. Suspension/Termination of accounts
8.1 Any accounts found to be in violation of the details provided in the Agreement will be suspended/removed.
8.2 Samhita may, at its sole discretion, reinstate a suspended account at your request provided You furnish satisfactory and sufficient explanations along with such request for your commission of violation.
9. Disclaimer
9.1 You shall assume full responsibility and risk for use of the Services and the Website by You and your authorized users. The Services will be provided on an "AS IS" and "AS AVAILABLE" basis. Samhita does not warrant that the Services will be uninterrupted or error-free. Samhita makes no express or implied warranties, representations or endorsements including but not limited to, warranties of title, non-infringement or implied warranties of service or fitness for a particular purpose regarding all information or service provided through the Website. No advice or information given by Samhita, its employees, affiliates or contractors shall create a warranty.
9.2 Samhita shall not be liable for any costs or damages arising directly or indirectly from use of the Services. It is solely your responsibility to evaluate the accuracy, quality, completeness, and usefulness of all opinions, advices, services and other information provided through the Website.
9.3 Samhita will not be responsible for any kind of loss of data including but not limited to hardware failure and/or server abuse.
9.4 Samhita will not be liable for any errors or mistakes made by You in making or receiving the payments through the Website or in relation to your liability in respect of the source of the funded money.
10. Data Protection
Samhita will protect your personal information provided at the time of registration. For information about Samhita’s data protection practices, please read Samhita’s privacy policy made available to You along with these terms and conditions.
11. Remedies
If You are dissatisfied with the Services or any of its terms, conditions, rules, policies, guidelines or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Services by closing your account.
12. Limitation of Liability
Under no circumstance shall Samhita, its employees, affiliates or contractors be liable for any direct, indirect, incidental, special, punitive, exemplary or consequential damages which arise in any way from your use or inability to use the Services; your reliance on or use of information or services through the Website which may result in any mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission or any failure of performance.
13. Indemnity
You agree to defend, indemnify and hold Samhita and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to or arising directly or indirectly from any breach of this Agreement by You or those who access this Services/Website through your account, the use of the Services under the Website and the placement or transmission of any message, information or other materials on the Website by You or by those who have access to the Service through your account.
14. Termination
These terms and conditions remain in effect until your use of the Services is discontinued by Samhita.
14.1 This Agreement, your rights under this Agreement, and your access to and use of the Website may be terminated by Samhita at any time in its sole discretion, for any reason (like commission of a material breach, failure to pay the charges, etc.) or no reason at all and without any notice or liability to You or any third party.
14.2 You may terminate this Agreement by expressing your intent to Samhita through e-mail. Your termination will only be complete upon your receipt of a confirmation from Samhita which will be sent to your e-mail address. However, You will remain responsible for any transactions entered into by You by use of the Services and all obligations incurred by You until its termination.
14.3 If the Agreement is terminated pursuant to Section 13.1 and/or the Website is discontinued permanently by Samhita, You may be entitled to a pro-rated refund of the subscription price at the discretion of Samhita.
14.4 Any termination of this Agreement automatically terminates the license to use this Website. Upon termination, Samhita may, in its sole discretion, delete from the Website any files or other information or data relating to your account.
15. Survival
15.1 Upon termination, all rights and obligations created by this Agreement will terminate, except that that You will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning fees, disclaimers of warranties, remedies, limitation of liability and indemnity obligations.
15.2 Samhita retains the right to enforce these provisions regardless of your account status.
16. Force Majeure
Samhita shall not be liable to You for any loss, delays in or failure of performance by under this Agreement if and to the extent caused by Force Majeure, which is defined to be occurrences beyond the control of Samhita, including but not limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, terrorism, insurrection, sabotage and non-cooperation of third parties.
17. Governing Law/Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflicts of law provisions. Any disputes under this Agreement shall be referred to arbitration and shall be settled in accordance with the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Bangalore, India and language English. Subject to the above, courts in Bangalore shall have exclusive jurisdiction to deal with any dispute which may arise between Samhita and You under this Agreement.
18. Miscellaneous
18.1 This terms and conditions of Services constitute the entire agreement between You and Samhita with respect to the Services provided under this Website.
18.2 If any part of this Agreement is found void and unenforceable, it will not affect the validity of the remainder of this Agreement, which will remain valid and enforceable according to its terms.
18.3 If Samhita fails to exercise any right or remedy under this Agreement, the same will not operate as a waiver of that right or remedy or prevent Samhita from exercising the said right at a later stage.
18.4 Samhita may provide You with notices, including those regarding changes to the Agreement, by e-mail, regular mail, text message, postings on the Website, or other reasonable means.
18.5 You shall not assign or otherwise transfer the Agreement or any right granted hereunder to any other person, without Samhita’s prior written consent.
