Campaign is individual property of the Campaigner and the views images videos & offers or rewards in the campaigns are campaigner’s personal ones and serveawish.org website has no role to play in that.

This Serve-A-Wish campaign agreement (hereinafter “Agreement”) is a legal and binding contract between you (being an individual or an incorporated or unincorporated legal entity, partnership or otherwise, hereinafter referred to as “Campaign Owner”) and Serve-A-wish as a company registered either in your country or serveawish.org website which is Servengers India Private Limited company registered in india, whichever is applicable at the time of your registration. We set out the terms and conditions for campaigning and Serve-A-Wish through Serve-A-wish on serveawish.org website.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY USING ANY OF OUR SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR SERVICES. 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.

You are solely responsible for all Campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages, views/offers or rewards 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 serveawish.org

  • Any unacceptable content may be pornographic or racial or anything that may cause a potential harm or distress to any other person
  • Any monetary rewards claiming to give/offer any return on investment
  • Any equity linked scheme
  • Any fund raising that may be for the causes of violence, public protests, terrorism or any similar thing of disrupt
  • Content which is copied with the proper Copyrights

However, this list is not exhaustive and Serve-A-Wish 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 applicable international agencies, and take appropriate action against anyone who, in Serve-A-Wish’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 or placing a hold on donated funds when Serve-A-Wish reasonably believes it to be required by applicable law, and reporting you to law enforcement authorities or otherwise taking appropriate legal action. Please email on support@serveawish.org in case you have any doubts or confusions and we shall be happy to assist you.

The definition of some of the terms used in this Agreement, in alphabetical order, are as follows:

  • “Campaign” : Any idea or a cause or effort or event for which a Campaign Owner wishes to raise funds on the Platform. The campaign proposed to be conducted or undertaken by the Campaign Owner on the Platform for the purposes of raising monies or receiving contributions for any Campaign, as per the terms of this Agreement and those prescribed by Serve-A-Wish at the time of approving the Campaign and/ or the Campaign. Campaign Owners cannot start campaigns that involve loans, investments, equity, shares, contributions for any illegal activities or anything related to a criminal investigation.
  • “Campaign Page”: The page/s on serveawish.org where the donors will be able to make their contributions and where all the promotional materials (videos, images, information, graphics, etc.) that the Campaign Owners wish to use to raise funds for their Campaign, shall reside. Serve-A-Wish holds the sole right and discretion to decide what campaign material or promotion it allows and disallows on its platform.
  • “Funder”: Any individual, company, organization, trust or any other entity that supports any Campaign by contributing funds to a Campaign.
  • “Funding”: The financial contributions received from Funders towards a Campaign.
  • “Intellectual Property Rights”: means any and all now known or hereafter tangible and intangible rights associated with works of authorship, including but not limited to copyrights, moral rights and mask-works; trademark and trade name rights and similar rights; trade secret rights; and all other Intellectual Property Rights of every kind and nature throughout the universe and however designated, whether arising by operation of law, contract, license, or otherwise.
  • “Platform”: The website serveawish.org & the app for Android & iPhone by the name Serve-A-Wish on the Google Play and App Stores are defined as the platform.
  • “Total Funds Raised”: The total value of Funding (net of any refunds of Funding) that a Campaign has received at the end of the Funding Period.
  • “Visitor”: Any person, company, organization, entity, etc. which accesses any part of the website of Serve-A-Wish or any Campaign Page. Irrespective of whether the person chooses to contribute funds or not, they can show their support through sharing the Campaign / Campaign details on any media (including social media networks).

Campaign set up: The Campaign Owner shall be solely responsible for creating his/ her or its own Campaign Pages within the format provided by Serve-A-Wish. The Campaign Owner must source all relevant content to be published on the Campaign Page/s himself/ herself/ itself and must do so in compliance with applicable local & international laws, including all intellectual property laws, copyright laws and confidentiality laws. The Campaign Owner shall ensure that the Campaign Page does not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless the Campaign Owner has necessary permission from the rightful owner of the material, or is otherwise legally entitled to post the material (and to further grant Serve-A-Wish all the license and rights as outlined in more detail below).

Any Campaign that is to be launched on Serve-A-Wish shall be done after Serve-A-Wish has approved the content of the Campaign Page including the pitch, the video, rewards, Information, imagery & graphics, team information etc. Any feedback from Serve-A-Wish requiring the Campaign Owner to modify any part of the Campaign Page must be implemented by the Campaign Owner. Serve-A-Wish reserves and shall have the absolute right and discretion to prevent or prohibit unsatisfactory or undesirable campaigns from going live or being hosted on its Platform.

While creating the Campaign on serveawish.org, the Campaign Owner shall commit to an update frequency to be adhered to for the period of implementation of the project, endeavour, purpose, etc. of the Campaign.

Any Campaign may be withdrawn by the Campaign Owner at any point before the end of the Funding Period. Once a Campaign is withdrawn, the Campaign Owner shall not be entitled to any Funding nor be entitled to resume such Campaign at a later date and cannot retain or claim any of the Funding received prior to the withdrawal. The placement of the Campaign Page as to where it appears on the website serveawish.org or the app shall be determined solely by Serve-A-Wish at its exclusive discretion.

Exclusivity: The Campaign Owner shall not, directly or indirectly, run or be associated with any other Serve-A-Wish campaign on any other website or platform, whether in residing country or abroad, with respect to any Campaign, while running the said Campaign on Serve-A-wish. All the funding for such Campaign must be made through serveawish.org. However the Campaign Owner may run multiple Serve-A-Wish Campaigns on Serve-A-Wish with respect to one or more Campaigns at the sole discretion of Serve-A-wish.

  • Funding: Serve-A-Wish does not guarantee any funding and shall not be responsible for any failure on part of the Campaign Owner in securing Funds from Funders. Serve-A-Wish may delay, withhold, cancel or refund any funding or other amounts without giving any notice and incurring any liability to the Campaign Owner in case it is unable to verify any information relating to such Funding to its satisfaction.
  • The Services are a Platform; We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. Serve-A-Wish facilitates the Donation transaction between Campaign Organizers and Donors, but is not a party to any agreement between a Campaign Organizer and a Donor, or between any user and a Charity. Serve-A-Wish is not a broker, agent, financial institution, creditor or insurer for any user. Serve-A-Wish has no control over the conduct of, or any information provided by, a Campaign Organizer or a Charity, and Serve-A-Wish hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
  • Serve-A-Wish branding & credits on promotional material: The Campaign Owner shall include Serve-A-Wish’s logo & branding on all Campaign and/or Campaign related marketing material. This pertains to both online & offline material & includes online banners, posters, leaflets, email shots etc. Serve-A-Wish will provide the logo and other branding guidelines to be used and usage of which is to be pre-approved by Serve-A-Wish before using the same. The Campaign Owner shall ensure that Serve-A-Wish is credited as the “Online Serve-A-Wish Partner” in all Campaign related online and offline promotions, events, PR & advertising. The Campaign Owner also agrees that in the event of a successful Campaign, Serve-A-Wish shall be entitled to use the Campaign Owner’s brand & Campaign as an example of a successful campaign both on or off the Platform & in any of Serve-A-Wish’s communication as it may seem fit including in PR articles and offline PR events.
  • Campaign marketing: The Campaign Owner shall be solely responsible for marketing the Campaign to his/ her/ its customers, well-wisher’s, friends, family, acquaintances, followers etc. through various online & offline channels as may be deemed fit. The responsibility of ensuring the success of any Campaign shall be solely the responsibility of the Campaign Owner. The Campaign Owner acknowledges and accepts that the Platform is merely a facilitator which is in the nature of a marketplace for the purposes of raising funds for a Campaign.
  • Serve-A-Wish does not guarantee that a Campaign or a Charity will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, Campaign Organizer, 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, Campaign Organizer, or Charity.
  • Foreign funds: Foreign contributions may be made to Campaigns provided the Campaign is eligible for receiving such foreign contribution and adheres to applicable residing country laws and such contribution is received in accordance with applicable laws relating to foreign exchange. The Campaign Owner shall ensure that any registrations, certificates, licenses, etc. which may be required for the purposes of receiving foreign contributions are obtained and remain valid during the Funding Period. Copies of all such registrations would need to be submitted to Serve-A-Wish prior to the finalization of the Campaign. It shall be the Campaign Owners’ sole responsibility and liability to ensure that a Campaign is entitled to receive contributions from Foreign Funders and those such contributions are received in accordance with applicable laws and regulations. Serve-A-Wish shall not be liable or accountable whatsoever for any violation or circumvention or other non-compliance with respect to foreign contributions. However, Serve-A-Wish may, at its sole discretion, not permit overseas Funders from making any contributions if it comes to the notice of Serve-A-Wish that a Campaign is not eligible to receive such funds.
  • Contributions & Refunds: Funders may make contributions by different methods [this will include credit card/ debit cards/ e- wallets/ net banking and other forms of transferring money]. We do not and cannot verify the information that Campaign Organizers supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Campaign Organizer or Charity. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Campaign Organizer or Charity, as applicable. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we take possible fraudulent activity and the misuse of funds raised very seriously. You can learn more about our Fraud Policy at https://www.serveawish.org/safety. If you have reason to believe that a Campaign Organizer or Charity is not raising or using the funds for their stated purpose, please use the “Report” button on the Campaign or Charity to alert our team of this potential issue and we will investigate..
  • Campaigns: You, as a Campaign Organizer, 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; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post; (iii) you will comply with your jurisdiction’s applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your project; and (iv) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize Serve-A-Wish and serveawish.org reserves 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..
  • Campaign Rewards: The Campaign Owner may offer rewards in the form of tangible items or intangible services to Funders as an incentive to contribute to the Campaign. However, such rewards shall, under no circumstances whatsoever, be financial in nature (e.g. – profit share, revenue share, interest on amount contributed, ownership/equity stake in lieu of contribution, loans, investments, etc). The Campaign Owner cannot offer tobacco, drugs or drug paraphernalia, contests, raffles, or lifetime memberships, firearms, weapons, knives, weapon accessories or replicas of weapons etc.
  • Dashboards / reporting & privacy: The Campaign Owner will be provided with real time information on the performance of the Campaign by way of a detailed set of quantitative data that Serve-A-Wish collates & collects on the Funders and Users who visit and/ or use to the Campaign Page. Information pertaining to the Funders would include data such as name, contact information, contributions made, rewards opted for etc., in the dashboards & analytics section of the Campaign Owners profile. The contact details pertaining to Funders who have opted for a refund of their contributions during the course of the Campaign will not be provided to the Campaign Owner. Serve-A-Wish is neither responsible nor liable for incorrect information provided by Funders or for any direct, indirect or consequential liabilities in respect of such incorrect information.

The Campaign Owner shall be responsible for making regular updates to the Funders in accordance with the reporting assurances given and commitments made at the time of the Campaign.

Campaign owner’s representations: The Campaign Owner hereby represents, warrants and undertakes that:

  • All information provided by the Campaign Owner to Serve-A-Wish during the registration process and in relation to a Campaign is true and accurate;
  • He/ she is capable (in case of an individual, being above 18 years of age) and duly authorized (in case of a legal entity, by way of appropriate corporate approvals) to enter into this Agreement, on behalf of himself, any other person, company, or other entity;
  • The Campaign is legal and in compliance with all applicable laws and regulations;
  • All contributions received will be used solely for the purpose stated on the Campaign Page and no other purpose whatsoever;
  • Any action taken will not infringe or violate any person’s rights, violate the law, or breaches any contract or legal duty of the Campaign Owner towards anyone;
  • Any rewards which may be offered to any Funder are not illegal, violate any of Serve-A-Wish’s rules, or guidelines, or violate any applicable law or regulation;
  • The data received from the Platform with respect to any Funder or User will be used solely for the purposes of the Campaign and shall not be put to any unauthorized use or abused.
  • Intellectual property (Campaign owner’s): The Campaign Owner shall own any and all of the content and other information published on the Platform, including but not limited to text, pictures, statistics, graphics, videos, photographs or other data of any nature whatsoever, and the Campaign Owner expressly warrants that he/ she/ it has all right, title, and interest in and to any and all the content submitted, published or uploaded to the Platform free of liens or other encumbrances. The Campaign Owner further warrants that the content does not and will not infringe or violate any third party’s rights, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
  • When the Campaign Owner submits a Campaign or any other content for publishing on the Platform, the Campaign Owner agrees to grant to Serve-A-Wish and others acting on its behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub licensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, database and other rights with respect to any such content. The Campaign Owner also expressly grants Serve-A-wish the right to edit, modify, reformat, excerpt, delete, or translate any or all of the content. All Campaign content or any other information submitted to Serve-A-Wish or on the Platform, whether publicly posted or privately transmitted, shall be the sole responsibility of the Campaign Owner and the Campaign Owner shall be solely and exclusively responsible for all the costs, consequences and liabilities thereof and Serve-A-Wish shall not be responsible or liable in manner whatsoever and the Campaign Owner hereby indemnifies Serve-A-Wish in respect thereof.
  • The Campaign Owner agrees and grants Serve-A-Wish the right to use any or all the content including but not limited to the visual and text-based content (digital or non-digital) submitted by the Campaign Owner for any Campaign(s), for the purpose of branding and marketing activities of the Platform/ Serve-A-wish. Notwithstanding anything in this Agreement, the Campaign Owner agrees to grant Serve-A-Wish an exclusive, perpetual, irrevocable right and license, on a worldwide basis, to use the Campaign Owner’s campaign pitch video(s) through any means or medium deemed fit by Serve-A-wish, including various digital platforms such as YouTube, Vimeo, Facebook etc & on newspapers, magazines and other media platforms (both online and offline).
  • The Campaign Owner assures if Serve-A-Wish or its Users exploit or make use of any content, data or information in the ways contemplated in this Agreement, it will not infringe or violate the law or any rights of any third party. It is hereby acknowledged and accepted that Serve-A-Wish shall not be held responsible whatsoever for any misuse of the information, material, ideas etc by any Campaign Owner or Funder or other User accessing Serve-A-Wish.
  • The Campaign Owner assures if Serve-A-Wish or its Users exploit or make use of any content, data or information in the ways contemplated in this Agreement, it will not infringe or violate the law or any rights of any third party. It is hereby acknowledged and accepted that Serve-A-Wish shall not be held responsible whatsoever for any misuse of the information, material, ideas etc by any Campaign Owner or Funder or other User accessing Serve-A-Wish.
  • Serve-A-Wish Pricing/Fees: The Campaign Owner shall pay Serve-A-Wish the following fees in relation to each Campaign: Serve-A-Wish does not charge a Campaign Organizer any upfront fees for initiating a Campaign. Serve-A-Wish retains a variable percentage of each Donation contributed to a Campaign and all charitable contributions made to a Charity (collectively, “Serve-A-Wish Fees”). An additional payment processing fee is also deducted from each Donation and is payable directly to our payment partners (the “Payment Processing Fee,” and together with the Serve-A-Wish Fees, the “Fees”). 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 our payment partners, in addition to these Terms of Service.

  • Fees are deducted directly from each Donation, and will not be reflected in the amount which a Campaign Organizer can withdraw from the Campaign or which is directed to a Charity. We reserve the right to change Serve-A-Wish’s Fee pricing from time to time. If Serve-A-Wish does change its Fees, Serve-A-Wish will provide advance notice of the change on the Platform or in email to you, at Serve-A-Wish’s option. Your continued use of the Services after the Fee change becomes effective constitutes your acceptance of the updated Fees. All Fees referred to in these Terms of Service are exclusive of Value Added Tax, Goods and Services Tax and any other taxes, where applicable..
  • Taxation: It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority. Any taxes due with respect to the funds raised through Serve-A-Wish are the responsibility of and to the account of the Campaign Owner. These taxes may include, but are not limited to, income tax, VAT, Service tax or any other taxes, levies, etc that may be levied by the Government or payment gateway or other jurisdictional authority, whether on a current or retrospective basis. Serve-A-Wish shall not be liable for any taxes that the Campaign Owner needs to pay with regard to the Campaign or funds raised under any circumstances.
  • 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 immediately notify Serve-A-Wish of any unauthorized use of your password or account or any other breach of security, and ensure that you sign out from your account at the end of each session when accessing the Services. Serve-A-Wish will not be liable for any loss or damage arising from your failure to comply with this Section.
  • Modifications to Services: Serve-A-Wish reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). We will endeavour to give you notice of any such modification, suspension or discontinuance. You agree that, to the extent permitted by law, Serve-A-Wish will not be liable to you for any modification, suspension or discontinuance of the Services in accordance with these Terms of Service.
  • 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 “Private” 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 Serve-A-Wish 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 Serve-A-Wish’s servers on your behalf. You agree that Serve-A-Wish 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 Serve-A-Wish reserves the right to terminate accounts or Campaigns that are inactive for an extended period of time, provided that Serve-A-Wish will use its commercially reasonable efforts to provide a Campaign Organizer with reasonable notice before terminating an inactive Campaign having a positive balance of Donations. You further acknowledge that Serve-A-Wish reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavour to give you notice of any such change where required by applicable law.
  • Mobile Services: The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to browse the Platform 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 Serve-A-Wish 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. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your Serve-A-Wish account information to ensure that your messages are not sent to the person that acquires your old number.

Money transfer: It is clarified that Serve-A-Wish is only a technology platform, which enables the Campaign Owners to connect with Funders and receive contributions for any Campaign. Serve-A-Wish is not the final recipient of funds raised on its platform (other than the set up and service fees payable by the Campaign Owner). The existence of the site or services is not a solicitation of contributions or donations by Serve-A-Wish and Serve-A-Wish cannot and shall not be held liable in any respect in relation to any Campaign Owner/ Campaign.

  • Campaign refusal/ cancellation: Notwithstanding anything in this Agreement, Serve-A-Wish reserves the right, at its sole discretion, to decide as to who is eligible to use the Platform and reserves the right to change the eligibility criteria at anytime Serve-A-Wish reserves the absolute right to cancel accounts or to cancel or refuse any campaign at any time with or without any reason whatsoever, in which event, the Campaign Owner shall, where relevant, forthwith cease & desist from using the Serve-A-Wish brand in any communication whatsoever.
  • Serve-A-Wish’s other rights: The Campaign owner agrees that Serve-A-Wish shall have the right to:
    • Make any changes in its technology platform or services, at its sole discretion, at any time, without notice or liability;
    • Reject, cancel, interrupt, remove, or suspend any Campaign or Campaign at any time and for any or no reason;
    •  Take whatever other action is required to perform and market the Platform and the services being offered thereon;
    •  Allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, rate campaigns after funding them and otherwise use the content on the Platform, including but not limited to those on the Campaign Page;
    • Remove any content from the website that it determines is offensive, unlawful, threatening, defamatory, obscene, or otherwise objectionable, which determination shall be at the sole and absolute discretion of Serve-A-Wish
    • Limit or restrict access to all or parts of the Platform at any time and without any notice or liability whatsoever;
  • Intellectual property (Serve-A-Wish’s): The Campaign Owner hereby acknowledges that Serve-A-Wish owns all right, title, and interest in and to the website and its associated content, including but not limited to all Intellectual Property Rights. The Campaign Owner is expressly prohibited from using Serve-A-Wish’s Intellectual Property Rights or other property, including but not limited to trademarks, copyrights, patents, trade secrets, or confidential information, without the prior written consent of Serve-A-Wish.
  • Limitation of liability: Serve-A-Wish is an online Serve-A-Wish venue for individuals, entities or organizations seeking to raise funds for their own campaigns and to contribute to the campaigns of others. Serve-A-Wish does not pick or endorse any such individuals, entities or organizations or any of their campaigns or causes. Serve-A-Wish merely provides a technology platform to allow Campaigns to connect with donors. The Campaign and its Funding is solely the agreement between the Campaign Owners and the Funders. Consequently, Serve-A-Wish is not a party to the contract between the Campaign Owners and Funders and shall have no responsibility or liability whatsoever in relation or connection thereto.
  • Indemnity: The Campaign Owner hereby agrees to indemnify, defend and hold harmless Serve-A-Wish(including its officers, directors, employees, servants, agents, advisors and representatives) against any and all actions, claims, law suits, damages and liabilities, including reasonable attorney fees, that arise from or relate to any breach by the Campaign Owner, of any of the representations, warranties, assurances and obligations herein; or the Campaign Owner’s use or misuse of, or access to, the Platform; or otherwise from the Campaign Owner’s content; or any infringement by the Campaign Owner, or any third party using the Campaign Owner’s account, of any Intellectual Property Rights or other right of any person or entity. Serve-A-Wish reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Campaign Owner, in which event the Campaign owner shall assist and cooperate with On Serve-A-Wish in asserting any available defenses.
  • Confidentiality: The Campaign Owner acknowledges that the information, including, without limitation, any technical and financial information or information relating to any Funder or potential Funder that he/ she/ it has received or will receive in connection with this Agreement, is considered private and confidential (the “Confidential Information”). The Campaign Owner shall use all reasonable diligence and a high degree of care to prevent the unauthorized disclosure, reproduction or distribution of such Confidential Information to any other individual or entity.
  • Termination: Without prejudice to any other rights, Serve-A-Wish shall have the right to terminate this Agreement at any time, by giving the Campaign owner a prior written notice by e-mail of 15 days. Subject to payment of all outstanding dues and meeting all his/ her/ its obligations including those to the Funders, the Campaign Owner shall have the right to terminate this Agreement by giving Serve-A-Wish a prior written notice by e-mail of 30 days.
  • Third party terms of use: Serve-A-Wish partners with other companies for payment processing and platform services. When a Campaign Owner features a Campaign on the Platform, the Campaign Owner also agrees to the payment process or and other partners’ terms of service
  • Severability: The provisions of this Agreement are severable if any one or more such provisions shall be determined to be invalid, illegal or unenforceable, in whole or in part, and the validity, legality and enforceability of any of the remaining provisions or portions thereof shall not in any way be affected thereby and shall nevertheless be binding between the parties hereto. Any such invalid, illegal or unenforceable provision or portion thereof shall be changed and interpreted so as to best accomplish the objectives of such provision or portion thereof within the limits of applicable law.
  • Assignment: The Campaign Owner hereby acknowledges and agrees that he/ she/ it is prohibited from assigning the rights and obligations under this Agreement. However, Serve-A-Wish may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the website.
  • Dispute resolution: If any dispute, disagreement, controversy or claim between the parties arises out of or in connection with this Agreement, including the breach, termination or invalidity thereof (a Dispute), the parties shall use all reasonable endeavours to negotiate with a view to resolving the Dispute amicably. If a party gives the other party notice that a Dispute has arisen (a Dispute Notice) and the parties are unable to resolve the Dispute amicably within 30 (thirty) days of service of the Dispute Notice (or such longer period as the parties may mutually agree), then the Dispute shall be referred to arbitration by a sole arbitrator appointed by Serve-A-Wish accordance with the Arbitration and Conciliation Act, 1996 (as amended, restated or substituted, in force at the relevant time) to be conducted in the English language at Chennai;
  • Governing law and jurisdiction: This Agreement shall be governed by and construed under the laws of India and shall be subject to the exclusive jurisdiction of the courts at Chennai, India
  • Amendments or modifications: Serve-A-Wish reserves the right to amend, modify, replace, or discontinue this Agreement or any or the whole of the Platform at any time and in its sole discretion without any notice or liability whatsoever.
  • Read and understood: The Campaign owner hereby acknowledges that he has read and understands this Agreement and agrees to be bound by its terms. The Campaign owner hereby also agrees to be bound by and comply with Serve-A-Wish’s Terms & Conditions and Privacy Policy, both of which shall, by implication, be deemed to be part of this Agreement.
  • Effectiveness: This Agreement shall be effective and in full force from the time that the Campaign owner accepts the terms of this Agreement.
  • Other Agreements: This Campaign Owners agreement is in addition to the Terms & Conditions and Privacy Policy of Serve-A-Wish and not in replacement thereof. The Terms & Conditions and Privacy Policy will continue to operate and bind the Campaign Owner and in case of any inconsistency, the opinion of Serve-A-Wish shall prevail. Please contact us at support@serveawish.org to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services.
  • Being aware of the tools of the trade e.g. social media clients, social media KPIs, etc