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 serveawish.org.
Any contribution on serveawish.org, by an individual, should not be construed as an investment in any form whatsoever.
serveawish.org, a platform for giving and philanthropic donations, owned by Servengers India Private Limited, incorporated under the Companies Act, 1956 with its registered office at 505, Daffodil, Royal Flora Complex, Pale Gaon, Ambernath (E) – 421501, Thane, Maharashtra, India and Corporate office at 61, 6th Floor, Der Deutsche Parkz, Opposite Nahur Railway Station, Subhash Nagar Road, Bhandup (W) – 400078, Mumbai, Maharashtra, India.
serveawish.org (“Serve-A-Wish,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.serveawish.org (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means, and unless otherwise stated, Serve-A-Wish may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, and postings on the Site. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Finally, we encourage you, particularly if you intend to donate to a Serve-A-Wish campaign or raise funds for a need, to review the Pricing section of these Terms of Service.
1) Access and use of the services
1.1) Services Description: The Services are offered as a platform (the “Platform”) to users of the Services, which may include Campaign Organizers (interchangeably used with “Campaigners”), Beneficiaries, Recipients and Donors (each defined herein) and other users of the Services (which may include users who interact with the Site or Services). Among other features, the Services are designed to allow a user (a “Campaign Organizer”) to post a fundraising campaign (“Campaign”) to the Platform to accept monetary donations (“Donations”) from those users wishing to contribute funds to the Campaign (“Donors”). A Campaign Organizer may be both, a Beneficiary and a Recipient, for any Campaign.
A “Beneficiary” includes an individual, a group of individuals, or any entity that benefits from Donations through a Campaign, and a Recipient. A “Recipient” includes an individual or entity that is authorised by the Beneficiary through written means to receive Donations on behalf of the Beneficiary. Although there are no fees to set up a Campaign, a percentage of each Donation will be charged as fees for our Services and those of our third party payment processors. Please see our Pricing section for details.
1.2) Charitable Giving: Campaigns, unless otherwise clearly stated by Serve-A-Wish, are not charities to which you can make tax-deductible charitable contributions. However, in addition to the Services described above, Serve-A-Wish permits Donors to contribute to certain charitable organizations (“Charities”) through the Platform. You understand and acknowledge that Serve-A-Wish is not a charity, and Serve-A-Wish does not solicit charitable donations for itself or for any third-party charitable institution. You, as a Campaign Organizer, represent and warrant that, you are not a charity as defined in Section 80G of the Income Tax Act 1961, as amended (the “Code”). If you or your charity would like to register to be listed as a charitable organization on the Platform, you can do so at the time of setting up a Campaign. As used in this Agreement, the term “Campaign” does not refer to a Charity, and you acknowledge that contributions to Campaigns are not deductible for Indian Income Tax deduction, unless your registered charity is authorized to issue tax-exempt certificates under Section 80G.
1.3) 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 Campaigners and Donors, but is not a party to any agreement between a Campaigner 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 Campaigner or a Charity, and Serve-A-Wish hereby disclaims all liability in this regard. Anyone is free to report issues related to a Campaign on Serve-A-Wish, and Serve-A-Wish will take necessary action to the best of its abilities.
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, Campaigner, 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, Campaigner, or Charity. You can write to us for any clarification, and we shall make our best effort to share the information that we have.
While we try our best to do so, we cannot and do not verify 100% of the information that Campaigners supply. We try our best to see that Donations are used in accordance with the stated fundraising purpose; we also collect documents related to Campaigns before disbursing Donations to the Campaigner for Campaigns that raise more than INR 50,000, or in other cases that Serve-A-Wish may determine, at its sole discretion. However, please understand that we can not guarantee that 100% of the time Donations will be used in accordance with any fundraising purpose prescribed by a Campaigner or Charity. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws, and such responsibility rests solely with the Campaigner or Charity, as applicable. While we have no legal obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we try to do the verifications for many campaigns and more important we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Campaigner or Charity is not raising or using the funds for their stated purpose, please use the “Report” button on the Campaign to alert our team of this potential issue and we will investigate to the best of our abilities.
We encourage you, particularly if you intend to donate to a Serve-A-Wish campaign or raise funds for a need, to review the Frequently Asked Questions section of the website to understand the steps taken by Serve-A-Wish to foster greater trust and transparency.
You, as a Campaigner, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud or deceive any user; and (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post; and (iii) you will comply with all relevant local, state, and Union laws applicable to you when you solicit funds, particularly but not limited to laws relating to your marketing and solicitation for your project. We reserve the right to provide information relating to your Campaign with donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation.
The terms and conditions that apply to a Campaign Organiser (Campaigner) are:
- You are solely responsible for utilizing the funds for the Purpose mentioned in our fund-raising page. Serve-A-Wish is not responsible in any way whatsoever towards the end utilization of funds.
- This fund-raising page on the Platform will be available to the general public for contributions from the time you published the page on the Platform, and if your campaign is not rejected by Serve-A-Wish. You may or may not be able to raise the targeted amount in the designated period. Serve-A-Wish can reject your fundraiser for inappropriate or insufficient content, at its sole discretion.
- Serve-A-Wish will not be responsible in any way whatsoever on the amount of contributions received. It will be your sole responsibility to address any query on objection, from a donor, in regards to utilisation of funds.
- Campaigns on the Serve-A-Wish platform shall automatically terminate within 24 hours of the goal amount of the Campaign being reached.
- You shall not use any content created by Serve-A-Wish, partially or wholly, for any other fundraising or awareness purpose without the written consent of Serve-A-Wish. In the event you receive such consent, you shall provide written credits to Serve-A-Wish and provide links to serveawish.org or corresponding social media handles of Serve-A-Wish, while using such content, and adhere with such other terms that may be prescribed by Serve-A-Wish from time to time.
- Provided that all statutory verifications and KYC verifications are completed and you have provided Serve-A-Wish with documents that substantiate the utilization of funds you may receive, all contributions collected for your Campaign will be transferred to the designated bank account that you specify. You can raise withdrawal requests post approval of the campaign by Serve-A-Wish. Serve-A-Wish will process fund transfer, post receipt of your withdrawal request.
- You understand that the funds are not owned by Serve-A-Wish or its affiliates. At the time of transfer of funds, you will receive contributions net of Serve-A-Wish Fees, Payment Gateway Fees, applicable taxes, or any other fees mutually agreed upon between you and Serve-A-Wish. For a check, please look at the fees in our Fees/Charges.
- In case of contributions received via accounts or cards issued by financial institutions outside India, the funds shall reach our registered bank account in the USA.
- In case of contributions outside India, You have the necessary regulatory permissions to receive such funds, Such permissions include but are not limited to the Foreign Contributions Registration Act (FCRA), and others mandated my regulatory authorities.
- Please note that in accordance with the FCRA, the following persons cannot receive foreign contributions. This list may be amended from time to time in accordance with regulatory and statutory actions, and such amendment shall apply to you with immediate effect from such regulatory or statutory action.
- candidates for election;
- correspondents, columnists, cartoonists, editors, owners, printers or publishers of registered newspapers;
- judges, government servants, or employees of any corporation or any other body controlled or owned by the government;
- members of any legislature;
- political parties or their office bearers;
- organisations of political nature, as may be specified by the central government;
- associations or companies engaged in the production or broadcast of audio news, audio visual news, or current affairs programmes through any electronic mode or any other mode of mass communication;
- correspondents or columnists, cartoonists, editors, or owners of associations or companies referred in the clause above.
- If you are an organization eligible to issue tax deduction certificates under Section 80G of Income Tax Act, 1961 to your donors who made contributions in Indian Rupees, Serve-A-Wish will facilitate the process through its proprietary software application on your behalf. However, it is your sole responsibility to ensure that you have the necessary approvals and certificates to issue such tax-deductible receipts to your donors. Serve-A-Wish will not have any liability, in any form whatsoever, in this regard.
- In certain instances, as determined by Serve-A-Wish at its sole discretion, Serve-A-Wish may provide Campaigns with marketing services. In such instances, your consent to the use of Original Materials, Interviews, Photos, and Video Release by Serve-A-Wish and also allow deductions towards additional outreach costs incurred towards the marketing efforts.
- You hereby indemnify and agree to keep indemnified and hold safe and harmless Serve-A-Wish, its Directors, employees and agents against all such liabilities or claims and also against any loss or damage that may arise on the Party, its Directors, employees and agents on account of acts of omission, utilization of funds by us on anything other than the stated Purpose, lack of necessary regulatory approvals for receipt of funds in any form or for carrying out the activities required for execution of the Purpose. The indemnities if any shall survive beyond the period of the Agreement. Please read details of the indemnities in a section below in this page.
- In no event will the Company be liable for any indirect, incidental or consequential damages (including loss of profit or business), howsoever arising, whether under contract, tort or otherwise, even if informed of the possibility of the same.
- The Company may terminate the agreement at any point of time should it have material evidence of wrong utilization of funds, or absence of requisite regulatory approvals to raise funds or carry out the Purpose.
3) Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Serve-A-Wish of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. Serve-A-Wish will not be liable for any loss or damage arising from your failure to comply with this Section.
4) Modifications to Services: Serve-A-Wish reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Serve-A-Wish will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
6) 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 Campaigner 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, with or without notice.
7) Mobile Services: The Services includes certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding 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. In the event 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.
8) Conditions of use
8.1) User Conduct: You are solely responsible for all Campaign descriptions, comments, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or transmit or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by Serve-A-Wish. 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 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 donated funds when Serve-A-Wish reasonably believes it to be required by applicable law, and reporting you to the law enforcement authorities or otherwise taking appropriate legal action. Without limiting the foregoing, you agree to not use the Services to:
- establish or contribute to any Campaign with the implicit or express purpose relating to any of the following:
- any activity that violates any law or governmental regulation;
- content or campaigns that are fraudulent, misleading, inaccurate or dishonest;
- illegal drugs, narcotics, steroids, controlled substances or other products that present a risk to consumer safety or any related paraphernalia;
- knives, explosives, ammunition, firearms, or other weaponry or accessories;
- annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), debt collection or crypto-currencies;
- gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes;
- the promotion of hate, violence, harassment, discrimination or terrorism, or racial, ethnic, or gender intolerance of any kind;
- libel, slander, defamation by implication (not proven in the court of law) against any person, whether living or dead, or any organization;
- violation of any third party rights;
- human trafficking or exploitation;
- pornography or other sexual content;
- offensive, graphic, perverse or sensitive content;
- the defense or support of anyone alleged to be involved in criminal activity;
- offering monetary rewards, including gift cards;
- funding an abortion, unless in accordance with applicable laws;
- ending the life of an animal;
- transactions for the sale of items before the seller has control or possession of the item;
- collection of payments on behalf of merchants by payment processors or otherwise; or
- credit repair or debt settlement services;
- activities with, in, or involving countries, regions, governments, persons, or entities that are subject to Indian and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
- utilisation for political and/or electoral purposes including but not limited to contesting elections or any election related expenses, lobbying, organising protests, mass mobilisation of people, campaign for or against any political party, or any activity that could be interpreted as a political campaign by potential donors or authorities;
- utilisation for activities that propagate/preach a religion including but not limited to construction and/or consecration of religious symbols, institutions, events, evangelism, organizing sermons, or any other activity that could be interpreted as a religious activity by potential donors or authorities.
- transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of Serve-A-Wish, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Serve-A-Wish or its users to any harm or liability of any type; or
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
- harvest or collect email addresses and/or identifiable information of other users from the Services by electronic or other means.
8.2) Donations: In order to contribute to a Campaign or to a Charity, You, as a Donor, represent and warrant to Serve-A-Wish that all information, including information related to credit cards other payment instrument, you provide to Serve-A-Wish is true. You are authorized to use the payment instrument. You agree that a certain minimum Donation amount may apply, and subject to the refund policy, that all Donation payments are final and cannot be refunded. Donors may have the option to contribute recurring period Donations, and in electing to contribute on a recurring basis, you, as a Donor, (i) agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur and to pay the Donation amount that you specify, and (ii) hereby authorize Serve-A-Wish to bill your payment instrument in advance on a periodic basis until you terminate such periodic payments through the Platform.
Serve-A-Wish shall transfer payments, net of its costs, charges and fees into the bank account details designated by the Campaign organizer during the fund withdrawal process. Once Serve-A-Wish has made transfers into the designated bank account, Serve-A-Wish shall be discharged of any/all liability towards the Campaign organizer, Campaigner, Beneficiary, Recipient and contributors/donors and the Campaigner, Campaigner, Beneficiary, Recipient, donors, and contributors shall not be eligible for any claims and/or refunds thereof.
- The Purpose, has been clearly declared on the fund-raising page, and you have clearly understood the project and the utilization of funds.
- Your donations will be transferred to the Recipient, and will be utilized for the benefit of the Beneficiary.
- Serve-A-Wish and the payment gateway will deduct their fees and applicable taxes before providing the funds to the Recipient. The Company will deduct the fees on behalf of the platform which has hosted the project profile in the internet, and has facilitated the contributions to the project. You understand that the fees are towards web hosting, marketing, and promotion, and that Serve-A-Wish is only facilitating in collection of the fees on behalf of the owners of the Platform.
8.3) Loans: You and other persons (each, a “Lender” and, collectively, “Lenders”) with borrowers and social enterprises in various countries in need of affordable capital (each, a “Borrower” and, collectively, “Borrowers”). In most instances, these Borrowers are considered “high risk” by traditional lenders for a variety of factors, including, but not limited to, the Borrowers’ lack of credit history, the use of the loan proceeds for entrepreneurial endeavors including investment in a “start up” business, and the geographic location including the risk of financial instability and foreign exchange rate fluctuations.
You may participate as a Lender by creating an online account on the Website registered to your email address. All transactions between Lenders and Borrowers or Field Partners must be conducted through a Serve-A-Wish account. The amount of funds you have available in your Serve-A-Wish account that you have deposited and is freely available to be lent is referred to as your “Serve-A-Wish Credit.” If you make a Loan (as defined in the next sentence) through the Website, you are instructing Serve-A-Wish to apply your Serve-A-Wish Credit to fund the specific Loan you have designated on the Website. All Serve-A-Wish Credit in your Serve-A-Wish account must be lent and repaid to your account before you can withdraw it. While making a loan you agree that you understand and accept the process used by Serve-A-Wish to manage loans, and detailed in Loan process.
By lending on Serve-A-Wish, you hereby acknowledge and agree that (a) Serve-A-Wish makes no representation, warranty, covenant or guarantee that any funds you lend to a Borrower via the Website will be repaid in whole or in part, (b) loans and other similar transactions made via the Website (each, a “Loan”) are unsecured and bear a high risk of non-repayment and (c) given your financial situation and objectives, you will lend only those amounts on the Website that you can afford to lose. Loans made via the Serve-A-Wish are philanthropic in nature with no offered rate of return, subject to foreign exchange fluctuations and, as such, are not intended as, and cannot be considered as, an investment in a financial instrument or security. Loans made via Serve-A-Wish are not cancellable or refundable by you.
In order to comply with local laws and regulations, any loan, in which the user has not logged into the serveawish.org system, or has not performed any action on the serveawish.org site, for more than 5 years, counted from the time of the closure of the audit, will be recognized as income by IPT Singapore, subsidiary of Serve-A-Wish. End of every year Serve-A-Wish will work out and Identify outstanding loans, where in the lender has not made a login, nor taken any action on serveawish.org platform, for the last 5 years. Serve-A-Wish will send an email to such lenders to log-in to the system, at the end of every financial year. Such loans, where in the lenders do not log in even after the email, will be recognized as income by the auditors of IPT Singapore.
8.4) Fees: Serve-A-Wish does not charge a Campaigner any upfront fees for initiating a Campaign. Serve-A-Wish retains a flat percentage of each Donation contributed to a Campaign and all charitable contributions made to a Charity (collectively, “Serve-A-Wish Platform Fees”). An additional payment processing fee is also deducted from each Donation and is payable directly to our third party payment processors (the “Payment Processing Fee,” and together with the Serve-A-Wish Fees, the “Fees”). In some cases, where the Campaign Organizer has requested, through a written consent, for additional outreach from Serve-A-Wish through social media to raise funds, Serve-A-Wish shall retain an additional percentage of each Donation contributed to a Campaign from the start of outreach effort towards the costs incurred for such efforts (collectively, “Additional Outreach costs”) Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms and conditions set forth by a third party payment processor, in addition to these Terms of Service.
Fees are deducted directly from each Donation, and will not be reflected in the amount which a Campaigner can withdraw from the Campaign or which is directed to a Charity. We reserve the right to change Serve-A-Wish’s pricing from time to time. If Serve-A-Wish does change its Fees, Serve-A-Wish will provide notice of the change on the Site or in email to you, at Serve-A-Wish’s option, at least 30 days before the change is to take effect. Your continued use of the Services after the Fee change becomes effective constitutes your acceptance of the updated Fees.
8.5) Account Holds: From time to time, Serve-A-Wish may place a hold on a Campaign account (a “Hold”) restricting Withdrawals (defined herein) by a Campaigner. Some of the reasons that we may place a Hold on a Campaign Account include the following: (i) if we have reason to believe (in our sole discretion) that information provided by a Campaigner is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available should be provided directly to a person other than the Beneficiary (such as a legal beneficiary or person entitled by law to act on behalf of a Beneficiary), (iii) if we have reason to believe that a Campaign or Campaigner has violated these Terms of Service, (iv) if we think we need additional documentation to have reasonable assurance on utilization of Donations for the purpose stated in the Campaign, or (iv) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please contact us at email@example.com
8.6) Withdrawing Donations from a Campaign: Subject to approvals from Serve-A-Wish, you, as a Campaigner (or, as applicable, the beneficiary designated by the Campaign), may withdraw Donations to your Campaign at any time up to the full amount of all Donations credited to your Campaign, less Fees and any previously withdrawn amounts (“Withdrawals”) and subject to any Holds that we may place on your Campaign account. A Campaigner may withdraw Donations by electronic wire transfer to the designated bank account or by receipt of a paper check in certain cases. While Serve-A-Wish strives to make Withdrawals available to you promptly, you acknowledge and agree Withdrawals may not be available to you for use immediately, and Serve-A-Wish does not guarantee that Withdrawals will be available to you within any specific time frame, and Serve-A-Wish expressly disclaims any and all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Campaigner, are responsible for ensuring that the information you provide to the Campaign in order to process a Withdrawal, including the bank account information, statutory information including but not limited to valid government issued IDs of the Beneficiary and the Recipient for the purpose of KYC, is accurate and up to date.
9) Anti-Money Laundering (AML) policy
We comply with the Anti-Money Laundering (AML) guidelines established by the Reserve Bank of India, vide it’s circular RPCD.RRB.RCB.AML.BC.No.02/07.51.018/2014-15 on 1 July, 2014 and updated from time to time. The guidelines include, but is not limited to, the following salient conditions:
9.1) Every Campaign Organizer has to verify their identity per the Know Your Customer (KYC) in the guidelines. This includes verification of registered mobile number via a One Time Password (OTP), and may also include one of the identification documents viz. Permanent Account Number, Aadhar Card, Passport, Driving License, Voter Id . recognised by the Reserve Bank of India. The list of such registered documents will be updated on serveawish.org site, at its sole discretion, from time to time.
9.2) Every Recipient has to verify his/her identity per the Know Your Customer (KYC) in the guidelines. This includes verification of registered mobile number via a One Time Password (OTP), and may also include one of the identification documents viz. Permanent Account Number, Aadhar Number, Passport, Driving License, Voter Id, etc., recognised by the Reserve Bank of India. The list of such registered documents will be updated on serveawish.org site, at its sole discretion, from time to time.
The verification will be essential to withdraw funds from Serve-A-Wish, and may be asked by Serve-A-Wish, at its sole discretion, during the course of a campaign. Failure to comply, may result in cancellation of a fundraising campaign, and funds may be returned to donors in such a scenario.
Campaign Organizers may not create multiple Campaigns without proof of meeting fulfillment obligations from the original Campaign. Failure to adequately fulfill Campaign obligations may result in Serve-A-Wish removing the Campaign(s) and seeking reimbursement of Campaign funds raised, including by using third-party collection services. Only the Campaign Owner shall be permitted to collect Campaign funds.
Campaign Owners and Recipients are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with Campaign Owners and/or Recipients.
Serve-A-Wish may attempt to verify the identity and other information provided to us by Campaign Owners, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Campaign Owner eligibility is subject to Serve-A-Wish’s review of the fulfillment status of prior crowdfunding obligations.
Taxing authorities may classify funds raised on the Services as taxable income to the Campaign Owner and any Recipient who will receive funds directly from the applicable Campaign. Serve-A-Wish will ask for the personal account number / tax identification number (PAN) of Campaign Owners and any beneficiaries and/or Recipients so that we may report taxable income to the relevant taxing authorities.
9.3) For contributors on serveawish.org, only standard channels of payment – verified credit or debit cards, netbanking, bank transfers, cheque, prepaid instruments such as wallets, Unified Payment Interface or cash (upto limits allowed by the RBI) – will be allowed. In case of cash payments, all payments above INR 24,999 have to be furnished with the Permanent Account Number of the contributor. Cash payments are accepted for Indian residents only.
9.4) Recipients (campaign organisers, whether individuals or organizations) will comply with foreign exchange rules as explained by the Foreign Exchange Management Act of the RBI. Any failure to do so may result in cancellation of fundraiser, and refund of donations, to the cancelled fundraiser, to respective donors.
AML policies will be updated time to time at the sole discretion of Serve-A-Wish.
10) Refund Policy
Donations made through Serve-A-Wish are final and cannot be refunded, except in accordance with Serve-A-Wish’s Refund Policy. All Donation payments are final and cannot be refunded. However, Serve-A-Wish will issue refunds for the following “exceptional” scenarios.
10.1) A Campaign has been identified as a fraudulent or violating the terms of service and no funds have yet been transferred to the Recipient towards the same. Serve-A-Wish has decided to refund all the donations to the donors
10.2) A Donation has been identified to have been initiated using an unauthorised payment instrument not belonging to the user by the user(Donor) and the user wishes a refund
10.3) Campaign organizer has posted an update that the intended purpose of the fundraising campaign is no longer possible and no funds have yet been transferred to the Recipient towards the same.
10.4) Any other claims for refunds shall be honoured at the discretion of Serve-A-Wish Team.
10.5) All refunds will credited to the original mode of payment in 7-10 bank working days.
11) Intellectual property rights: Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by Serve-A-Wish, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Serve-A-Wish from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Serve-A-Wish, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Serve-A-Wish.
The Serve-A-Wish name and logos are trademarks and service marks of Serve-A-Wish (collectively the “Serve-A-Wish Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Serve-A-Wish. Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Serve-A-Wish Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Serve-A-Wish Trademarks will inure to our exclusive benefit.
12) Third Party Material: Under no circumstances will Serve-A-Wish be liable in any way for any content or materials of any third parties (including users and Campaign Organizers), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Serve-A-Wish does not pre-screen content, but that Serve-A-Wish and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Serve-A-Wish and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Serve-A-Wish, in its sole discretion, to be otherwise objectionable.
13) User Content Transmitted Through the Services: With respect to the content, photos, images, trademarks, logos, brands or other materials you upload or post through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading any User Content you hereby grant and will grant Serve-A-Wish and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Serve-A-Wish and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of Serve-A-Wish in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Serve-A-Wish’s exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to Serve-A-Wish are non-confidential and Serve-A-Wish will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Serve-A-Wish may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Serve-A-Wish, its users or the public.
14) Copyright Complaints: Serve-A-Wish respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Serve-A-Wish of your infringement claim in accordance with the procedure set forth below.
Serve-A-Wish will process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Serve-A-Wish’s Copyright Agent at firstname.lastname@example.org (Subject line: “Takedown Request”). You may also contact us by mail or facsimile at:
61, 6th Floor, Der Deutsche Parkz, Opposite Nahur Railway Station, Subhash Nagar Road, Bhandup (W), Mumbai, Maharashtra 400078. India.
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.
15) Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Bangalore, Karnataka, India and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, Serve-A-Wish will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
16) Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Serve-A-Wish has adopted a policy of terminating, in appropriate circumstances and at Serve-A-Wish’s sole discretion, users who are deemed to be repeat infringers. Serve-A-Wish may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
17) Third party websites/services
The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. Serve-A-Wish has no control over such sites, services and resources and Serve-A-Wish is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that Serve-A-Wish will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Serve-A-Wish is not liable for any loss or claim that you may have against any such third party.
18) Social networking services
In addition, Serve-A-Wish is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Serve-A-Wish is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Serve-A-Wish enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
19) Indemnity and release
You agree to release, indemnify and hold Serve-A-Wish and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation, any loan,any Campaign, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another.
20) Disclaimer of warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Serve-A-Wish AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Serve-A-Wish AND ITS AFFILIATES MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
21) Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER Serve-A-Wish NOR ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Serve-A-Wish HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Serve-A-Wish’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Serve-A-Wish IN THE LAST SIX (6) MONTHS, OR, IF GREATER, Two Thousand Indian Rupees (Rs. 2000).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
Most user concerns can be resolved quickly and to the user’s satisfaction by emailing Serve-A-Wish support at email@example.com In the unlikely event that our user support team is unable to resolve a complaint you may have (or if Serve-A-Wish has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in any arbitration under this arbitration provision in which you seek less than Rs. 500,000 in damages, Serve-A-Wish will pay reasonable attorneys’ fees should you prevail. Serve-A-Wish will not seek attorneys’ fees from you. However, if you initiate an arbitration in which you seek more than Rs. 500,000 in damages, the payment of attorneys’ fees will be governed by the applicable rules (as defined below). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
22) Arbitration agreement
Serve-A-Wish and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Terms of Service.
References to “Serve-A-Wish”, “we”, “you”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Serve-A-Wish are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Terms of Service.
You agree that Serve-A-Wish, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if Serve-A-Wish believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. Serve-A-Wish may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Serve-A-Wish may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Serve-A-Wish will not be liable to you or any third party for any termination of your access to the Services.
24) User disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Services and Serve-A-Wish will have no liability or responsibility with respect thereto. Serve-A-Wish reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
These Terms of Service constitute the entire agreement between you and Serve-A-Wish and govern your use of the Services, superseding any prior agreements between you and Serve-A-Wish with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of India without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Serve-A-Wish agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Mumbai, Maharashtra. The failure of Serve-A-Wish to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Serve-A-Wish, but Serve-A-Wish may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.
These terms of service cover Serve-A-Wish, Servengers India Private Limited (61, 6th Floor, Der Deutsche Parkz, Opposite Nahur Railway Station, Subhas Nagar Road, Bhandup (W), Mumbai – 400078, Maharashtra, India) and our affiliate not-for-profit society Helping Hands Organization, registered under Societies Registration Act with a registered address in 105, Shivsadan Apt., Lokmanya Nagar, Pada No-3, Thane (W), Maharashtra, India.
26) User disputes
27) Medical Loan – Terms and Conditions
In the event of a discrepancy or inconsistency between these Terms and the Terms of Service, the provisions of these Terms shall prevail.
These Terms constitute a binding and enforceable legal contract between Servengers India Private Limited, its parent companies, affiliates, and subsidiaries worldwide (“Serve-A-Wish”) and you, a participant in the Lending Facility (“you”).
By using the Lending Platform, you agree that you have read, understood, and to be bound by these Terms as amended from time to time, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access or use the Lending Facility.
28) LENDING FACILITY
Serve-A-Wish may partner with banks, financial institutions, non-banking financial companies, societies, or other organisations that provide financing operations and loan facilities (“Lenders”). Serve-A-Wish may offer you (as a “Borrower”) the option to avail credit or loan facilities from Lenders (“Lending Facility”).
To avail the Lending Facility, subject to the other conditions of these Terms, a Borrower will have to enter into a separate agreement with the Lender that details the terms and conditions on which the loan is being granted through the Lending Facility (a “Facility Agreement”). Thus, conditions of your loan amount, repayment methods, additional conditions, etc., shall be subject to the terms of the Facility Agreement. In addition to these Terms, the terms of the Facility Agreement shall govern your access to and use of the Lending Facility.
Purpose: You may only use loans granted or disbursed to you through the Lending Facility for medical expenses that you may incur for treatment in one or more hospitals or clinical establishments that Serve-A-Wish may partner with (referred to as “Hospitals”).
1) To avail the Lending Facility, you must be eligible to use Serve-A-Wish’s platform and services under the Terms of Service. Also:
- You must be above 18 years of age
- You must be residing in India with a valid PAN and Indian bank account
- You cannot be the patient(i.e. beneficiary) for whom the loan is intended.
In addition, you may be subject to a Lender’s specific eligibility criteria.
3) Subject to the others term herein, you may be eligible for a certain loan amount threshold that is made available by a Lender. Depending on this threshold, which is dependent on, amongst other terms and conditions, your creditworthiness and adherence to KYC norms, you may avail a loan from a Lender through the Lending Facility.
29) YOUR RESPONSIBILITIES
- . You shall only use the loans granted or disbursed to you under these Terms or the terms of the Facility Agreement for the Purpose.
- You represent and warrant that any information that is provided through your account is complete, true and correct at the date of agreeing to these Terms and shall continue to be complete, true, and correct while the Lending Facility is being used. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to the notice of Serve-A-Wish and the Lender.
- It is your responsibility to ensure that all information, documentation, material, or data you provide through the Lending Facility is correct, complete, accurate, and not misleading, and that you disclose all relevant facts. Serve-A-Wish does not accept any responsibility or liability for any loss or damage you may suffer or incur if any information, documentation, material, or data provided to avail the Lending Facility is incorrect, incomplete, inaccurate, or misleading, or if you fail to disclose any material fact.
- You are solely liable for the consequences of any impersonation or fraud that you have perpetrated while submitting information to avail the Lending Facility and the resultant damage or injury that such impersonation or fraud may cause to Serve-A-Wish, any Lender, or any third party.
- You agree and acknowledge that you are aware of applicable laws and regulations governing your access to and use of the Lending Facility. You shall be solely responsible for ensuring compliance with the various applicable laws, and you shall be solely liable for any liability that may arise due to a breach of your obligations in this regard.
- You are liable and accountable for all activities that occur through your account on the Serve-A-Wish platform. Serve-A-Wish is not liable for any unauthorised access to or use of the Lending Facility, including but not limited to hacking and security breaches. Serve-A-Wish reserves the right, at its sole discretion, to suspend your account if it is of the opinion that your account is being accessed by one or more unauthorised persons or entities.
- You shall extend all cooperation, at your cost, to Serve-A-Wish in its defence of any proceedings that may be initiated against it due to a breach of your obligations or covenants under these Terms.
- You shall not use the Lending Facility in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:
- infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
- except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from, or license the Lending Facility;
- use the Lending Facility to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
- use any robot, spider, other automated device, or manual process to monitor or copy the Lending Facility or any portion thereof;
- engage in the systematic retrieval of content from the Lending Facility to create or compile, directly or indirectly, a collection, compilation, database or directory without Serve-A-Wish’s prior written permission;
- use the Lending Facility in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms; or
- violate applicable laws in any manner.
30) THIRD PARTY SERVICES
- The Lending Facility may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”)or contain links to Third Party Services. You understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that the use of such Third Party Services is solely at your own risk.
- Serve-A-Wish makes no representations and excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness.
- All intellectual property rights in and to Third Party Services are the property of the respective third parties.
31) TERM AND TERMINATION
- These Terms shall remain in effect (i) unless terminated in accordance with the terms hereunder or (ii) until the expiry or the termination of the Facility Agreement.
- Serve-A-Wish may terminate your access to or use of the Lending Facility, or any portion thereof, immediately and at any point, at its sole discretion if you violate or breach any of your obligations, responsibilities, or covenants under these Terms or the Facility Agreement or if you are involved in any bankruptcy or insolvency proceedings.
- Upon termination under Clause 5(b):
- the Lending Platform will “time-out”. This means you shall not be able to use it;
- you shall not be eligible to avail any facilities under the Lending Platform; and
- these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
- Notwithstanding anything to the contrary contained in the Terms, upon termination of your access to or use of the Lending Platform, all amounts or outstanding monies due by you under the Lending Facility shall become immediately payable.
- In the event you do not repay any amounts due by you under these Terms or the Facility Agreement, you acknowledge that both, Serve-A-Wish and the Lender shall have the right to report such default to the Reserve Bank of India and CIBIL, and you hereby consent to and authorise both, Serve-A-Wish and the Lender to disclose such default.
32) DISCLAIMERS AND WARRANTIES
- YOU AGREE THAT YOUR USE OF THE LENDING FACILITY IS AT YOUR SOLE RISK. SERVE-A-WISH IS AN ONLINE INTERMEDIARY THAT PROVIDES A PLATFORM TO CONNECT LENDERS AND BORROWERS. IT DOES NOT BEAR ANY RESPONSIBILITY FOR ANY ARRANGEMENT THAT LENDERS AND BORROWERS MAY AGREE TO. PLEASE OBTAIN APPROPRIATE LEGAL ADVICE BEFORE YOU ENTER INTO AN AGREEMENT THROUGH THE LENDING FACILITY.
- You acknowledge and agree that Serve-A-Wish is not engaged in (i) the grant or disbursement of any loan, (ii) borrowing any monies, or (iii) the assistance of sale of any financial products.
- Serve-A-Wish is not and will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to or arise out of the use of financial products.
- Serve-A-Wish does not make any representations or warranties on behalf of any Lender. Further, Serve-A-Wish does not make any representation or warranty as to specifics of loan amounts or any loan facility proposed to be offered to Borrowers. Serve-A-Wish does not support or endorse the Lending Facility and accepts no liability for any errors or omissions, whether on behalf of itself or any Lender.
- Serve-A-Wish is in no manner responsible for any claim of money or damages in the event one person fails to either grant a loan or disburse a loan or a person fails to repay a loan, misrepresents their financial status, or commits fraud, cheats, or otherwise engages in any illegal act.
- Serve-A-Wish does not come into or take possession of any loan amount, nor does it at any point gain title to or have any rights or claims over any loan amount offered by Lenders to Borrowers. Serve-A-Wish does not hold any right, title, or interest over any loan amount.
- All commercial and contractual terms are offered by and agreed to between Lenders and Borrowers alone. Serve-A-Wish does not have any control over and does not determine, advise, assist, or in any way involve itself in the offering or acceptance of such commercial or contractual terms between Lenders and Borrowers.
- Serve-A-Wish is not responsible for the non-performance or breach of any contract entered into between Borrowers and Lenders. Serve-A-Wish cannot and does not guarantee the performance of any transaction initiated or concluded through the Lending Facility.
- Serve-A-Wish is under no obligation to mediate or resolve any dispute or disagreement between Borrowers and Lenders.
- Serve-A-Wish does not guarantee or warrant that a Borrower will eligible for or provided with credit facilities based on their application through the Lending Facility. It does not accept any responsibility or liability in the event a Borrower is found to be ineligible for any loan that they make seek through the Lending Facility.
- Serve-A-Wish is merely a technology platform service provider and :
- . is not registered with the Reserve Bank of India;
- does not hold any licence to engage in any activities relating to lending or borrowing;
- is not a financial institution under the Companies Act, 2013 or the Banking Regulation Act, 1949 or any other laws for the time being in force in India; and
- is not a deposit taking company or a chit fund or a company offering any investment schemes as per the rules and regulations for the time being in force in India.
- To the extent permitted by applicable law, the Lending Facility is provided on an “as is” and “as available” basis. Serve-A-Wish does not warrant that operation of the Lending Facility will be uninterrupted or error free or that the functions contained in the Lending Facility will meet your requirements.
- To the fullest extent permissible under applicable law, Serve-A-Wish expressly disclaims all warranties of any kind, express or implied, arising out of the Lending Facility, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
- You hereby accept full responsibility for any consequences that may arise from your use of the Lending Facility, and expressly agree and acknowledge that Serve-A-Wish shall have absolutely no liability with respect to the same.
- To the fullest extent permissible by law, Serve-A-Wish, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to
- your use of, inability to use, or availability or unavailability of the Lending Facility, including any third party services made available through the Lending Facility;
- the occurrence or existence of any defect, interruption, delays in the operation or transmission of information to, from, or through the Lending Facility, communications failure, theft, destruction or unauthorised access to Serve-A-Wish’s records, programmes, services, server, or other infrastructure relating to the Lending Facility;
- the failure of the Lending Facility to remain operational for any period of time.
- Notwithstanding anything to the contrary contained herein, neither Serve-A-Wish nor any of its affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Lending Facility. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless Serve-A-Wish, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Lending Facility.
You shall indemnify, defend at Serve-A-Wish’s option, and hold Serve-A-Wish, its parent companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of the your access to the Lending Facility, use of the Lending Facility, violation of these Terms or any term of the Facility Agreement, or due to your infringement, or any infringement by any third party who may use your account with Serve-A-Wish, of these Terms or any term of the Facility Agreement.
34) CONSENT TO USE DATA
- Serve-A-Wish may use information and data pertaining to your use of the Lending Facility for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Lending Facility.
- Subject to applicable laws, you hereby expressly authorise Serve-A-Wish to disclose any and all information relating to you in Serve-A-Wish’s possession to any law enforcement or other government officials, if Serve-A-Wish believes it is necessary or appropriate in connection with the investigation or resolution of possible crimes, including but not limited to your identity, information provided by you, your banking information, and your correspondence. You further understand that Serve-A-Wish might be directed to disclose any such information as may be deemed necessary to satisfy any judicial order, law, regulation, or valid governmental request.
Serve-A-Wish reserves the right at any time to add, modify or discontinue, temporarily or permanently, the crowdfunding facility and all its process including the Lending Facility (or any part thereof) with or without cause. You agree and acknowledge that Serve-A-Wish shall not be liable to you or to any third party for any such addition, modification, suspension or discontinuation of the Lending Facility.
36) JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Mumbai shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Lending Facility.
Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Mumbai in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by Serve-A-Wish. The language of the arbitration shall be English.
The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
Each party to the arbitration shall bear its own costs with respect to any dispute.
37) MISCELLANEOUS PROVISIONS
- Modification-Serve-A-Wish reserves the right at any time to modify these Terms and to add new or additional terms or conditions on your use of the Lending Facility. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event, you refuse to accept such changes, these Terms and licence will terminate.
- Severability-If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
- Assignment-You shall not licence, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without Serve-A-Wish’s prior written consent. Serve-A-Wish may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. Serve-A-Wish may assign its rights to any of its affiliates, subsidiaries, or parents companies, or to any successor in interest of any business associated with the Lending Facility without any prior notice to you.
- Notices-All notices, requests, demands, and determinations for Serve-A-Wish under these Terms (other than routine operational communications) shall be sent to firstname.lastname@example.org
- Third Party Rights-No third party shall have any rights to enforce any terms contained herein.
- This is an exclusive additional terms only for Network Marketing users – Whoever is interested and associated with us in Network Marketing, as a reward will give them the access of a software which can be managed from the link (account.serveawish.org). These rewards are just to motivate each and every donor who wish to raise funds for their genuine needs post their association with us. They will be able to create a team to support their’s & team member’s genuine campaigns by supporting each other. As a user of the software (account.serveawish.org) and Serve-A-Wish (serveawish.org) you agree and authorize Serve-A-Wish and its team to activate, suspend, deactivate if you fail to comply any terms of us without taking your consent, we will do donations on your behalf from your Serve-A-Wish’s account to your team and a transaction to pay Admin fees for network marketing till the time you are in the Serve-A-Wish’s system. For all the transactions which will be made by Serve-A-Wish from your Campaign or Serve-A-Wish’s account on your behalf is already conveyed to you and agreed by you. Which is not refundable and questionable by anyone as its a donation and before making any donation ensure that you ask all the questions as post donation it wont be refundable in any situation. Incase if any user of us wants to backout or exit from the system wilfully then he is only eligible to withdraw the funds which can be seen in Serve-A-Wish (serveawish.org) not what he has in in the software (account.serveawish.org). Net amount that users can expect in their account after deducting Platform Fees, Payment Gateway Charges, Donations Commitment if he has made according to software which is mentioned on plans tab in (account.serveawish.org) , Software’s (account.serveawish.org) Admin Fees & GST.
Charitable Giving: Campaigns, unless otherwise clearly stated by Serve-A-Wish, are not charities to which you can make tax-deductible charitable contributions. However, in addition to the services described above, Serve-A-Wish permits Donors to contribute to certain charitable organizations (“Charities”) through the Platform. You understand and acknowledge that Serve-A-Wish is not a charity, and Serve-A-Wish does not solicit charitable donations for itself or for any third-party charitable institution. You, as a Campaign Organizer, represent and warrant that, you are not a charity as defined in Section 80G of the Income Tax Act 1961, as amended (the “Code”). If you or your charity would like to register to be listed as a charitable organization on the Platform, you can do so at the time of setting up a Campaign. As used in this Agreement, the term “Campaign” does not refer to a Charity, and you acknowledge that contributions to Campaigns are not deductible for Indian Income Tax deduction, unless your registered charity is authorized to issue tax-exempt certificates under Section 80G.
If for any reason the donation that you make is not reflected on the intended campaign page, please inform Serve-A-Wish via email, phone call, WhatsApp, text, etc. In order to map your donation to the intended campaign page, or to initiate a refund. If Serve-A-Wish does not receive such information, within 90 days of the donation payment, Serve-A-Wish can utilize the donation received at its sole discretion, without any liability in any form whatsoever.
Questions? Concerns? Suggestions
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Services.
Date of Last Revision: April 23, 2020