Small Change is a platform for people like you who want to make a difference
whether it's your time, money or skills
INTRODUCTION AND ACCEPTANCE
This agreement sets forth the legally binding terms and conditions for your use of the Website. By using the service/services in any manner, including, but not limited to, visiting or browsing the site or contributing content, information, or other materials or services to the site, you agree to be bound by this agreement. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
Small Change may modify these Terms from time to time without notice which shall be effective after being posted by Small Change on its Website. You agree to be bound to any changes to these terms when you use the Small Change services after any such modification is posted on the Website. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes.
- 1. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- 3. The domain name smallchange.ngo (hereinafter referred to as "Website") is licensed for use by Small Change, registered Trust, duly incorporated under the Indian Trusts Act of 1882 with its registered office at Fort Lake, 4th floor, 39A Lake Avenue, Kolkata 700026, India (hereinafter referred to as "Small Change").
- 4. Your use of the Website and services and tools are governed by the following terms and conditions as mentioned herein as applicable to the Website including the applicable policies, which are incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, you shall be contracting with Small Change and these terms and conditions including the policies constitute your binding obligations with Small Change.
1. Services of Small Change
(i) Small Change is an online platform providing services which can be utilized by Users (being Givers and NGOs) and persons browsing / visiting the Website to reach a larger base of people, organizations and causes. Small Change is only providing a platform for communication and it is agreed that the transactions whether gratuitous or otherwise shall always be bipartite between the Giver and Small Change.
(ii) Through the Website, email, other websites, and other media, Small Change makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). NGOs, Givers, and other visitors (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. “User Submissions” means any Content Submitted by Users.
(ii) The User acknowledges that Small Change is only a communications service provider and while Small Change has an NGO registration process and ensures that the registration requirements are followed, Small Change cannot and does not verify specific data provided by NGOs. And while Small Change also has an agreement with NGOs which lays out the NGO responsibilities, Small Change shall not in any manner be responsible or held accountable for any misrepresentation which arises out of information provided by the NGOs.
(iii) Small Change has limited control over all Fundraisers and information listed on the Website
Eligibility of the User (as defined herinbelow)
(i) Use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member on Small Change and shall not transact directly, contribute donations or use the website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian, parents or through an organization / NGO competent to Contract on the Website. Small Change reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Small Change's notice or if it is discovered that you are under the age of 18 years.
(ii) An NGO is bound and legally liable to provide accurate, true and correct information in respect of the details on their page on the Website and of the cause for which the Fundraiser is hosted for and raising funds on the Website.
(iii) An NGO shall ensure that the description of the Fundraiser must not be misleading and must describe need and use of the funds to be raised. Small Change reserves the right to delete your Fundraiser if it is brought to the notice of Small Change that the information provided by you is false, does not depict the true nature of the Fundraiser or is misleading in any manner.
(iv) An NGO shall ensure that the information on their page and the Fundraisers do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Fundraiser and your page listings may only include text descriptions, graphics and pictures that describe your NGO and Fundraiser and the need and the use of the funds raised.
(v) It shall at all times be the responsibility of the NGO to furnish the Giver with accurate progress report and any other information that may be required by the Giver to track the utilisation of the funds donated by the Giver to the NGO via the Small Change Website.
(vi) You further agree that by your Fundraiser being listed on the Website, you shall at all times abide by various laws applicable to You including but not limited to the Income Tax Act, 1961, the Foreign Contributions Regulation Act, 2010, the Information Technology Act, 2000 as well as all rules and regulations made under the respective laws and as amended from time to time.
1. Any person who fulfills the eligibility criteria set out in clause 2 above shall be permitted to donate an amount higher than or equal to ₹ 200 in value towards any NGO’s General Fund or Fundraiser listed on the Website.
2. The Giver hereby agrees to make the payments for towards any NGO or Fundraiser as per the terms and conditions stated herein.
3. Small Change shall endeavour to put up only such information on the site, as it has verified from the NGOs or otherwise as being true to the best of their knowledge and belief. However, the Giver further agrees and declares that the Giver is aware that Small Change has no responsibility to verify the accuracy of any statement and/or information furnished by the NGO with respect to any Fundraiser pursuant to which the Giver has donated money(s) for any Fundraiser via the Small Change Website.
4. The Giver shall conduct their independent due diligence with respect to any information/ Fundraiser listed on the Website before making any donations on the Website as Small Change shall not be responsible in any manner for any misrepresentation and/or false information that may be listed on the Website.
5. The Giver hereby agrees and declares that the Giver is aware that Small Change shall at no point of time be held answerable or accountable for any money(s) once the funds donated have been handed over to the NGO in respect of which donations have been made.
5. User Account and Registration Obligations
(i) When You use the Website or send emails or other data, information or communication to Small Change, You agree and understand that You are communicating with Small Change through electronic records and You consent to receive communications via electronic records from Small Change periodically and as and when required. Small Change may communicate with You by email or by such other mode of communication, electronic or otherwise.
7. Access and Use of the Website
Small Change may offer certain portions of its Services at no charge and others for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, Small Change is at its absolute discretion allowing limited licence/permission to use its services In connection with your use of the Small Change Website and/or mobile/tablet applications, your account, or the services, or in the course of your interactions with Small Change, a User or a third party, you will not:
- Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising)
- Act in a manner that is defamatory, trade libellous, unlawfully threatening or unlawfully harassing
- Provide false, inaccurate or misleading Information
- Send or receive what we reasonably believe to be potentially fraudulent funds
- Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us
- Use an anonymous proxy
- Control an Account that is linked to another Account that has engaged in any of these Restricted Activities. Conduct your business or use the Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to Small Change, a User, a third party or you
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure
- Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information
- Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission
- Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with the Small Change website or the Services
- Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers
- remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice Small Change include in or through Small Change Services or Service Content;
- circumvent, disable or otherwise interfere with Small Change’s security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;
- use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website or Service Content for any purpose without express written permission from Small Change;
- collect or harvest any personally identifiable information from Small Change Services including, without limitation, user names, passwords, email addresses;
- solicit other users to join or become members of any commercial online service or other organisation without prior written approval from Small Change;
- attempt to or interfere with the proper working of Small Change Services or impair, overburden, or disable the same;
- decompile, reverse engineer, or disassemble any portion of Small Change software or other Service Content, or Small Change Services;
- use network-monitoring software to determine architecture of or extract usage data from Small Change Services;
- encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity
- engage in any conduct that restricts or inhibits any other user from using or enjoying Small Change Services.
Small Change has certain limits in place in order to reduce the risk of fraud and chargebacks within the system. By using Small Change and its services you agree that you abide by the following parameters:
8. Linked Websites / APIs
(i) Small Change does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using the Website's APIs or otherwise. In addition, Website may provide links to the third party websites of our partners and certain other organisations for which Small Change assumes no responsibility for examining or evaluating the products and services or generally information offered by them. Small Change does not warrant the offerings of any of these organisations or the content of such third party website(s). Small Change does not endorse, in any way, any third party website(s) or content thereof.
10. Disclaimer of Warranties and Liability
(i) This Website, all the materials and information (including but not limited to Fundraisers) and services, included or otherwise made available to You through this site are provided on a "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Small Change does not warrant that:
- This Website will be constantly available, or available at all; or
- The NGO solemnly affirms that the information provided herein is factual and true. However, Small Change is not responsible for the veracity of the information provided by the NGO
(ii) Small Change will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Nothing on the Website constitutes, or is meant to constitute, advice of any kind.
(iii) You will be required to enter a valid phone number and e-mail address while making a donation on the Website. By registering Your phone number and e-mail address with us, You consent to be contacted by us and / or SMS notifications, in case of any Fundraiser related updates. We will not use your personal information to initiate any promotional phone calls or SMS unless the same is consented to by you.
(iv) Small Change is not responsible for any non-performance or under-performance of any of the commitments made by the NGOs. Small Change shall not be held responsible for non performance of the obligations of the NGOs and at no time shall Small Change be required to mediate or resolve any dispute or disagreement between Givers and NGOs. However, Small Change does welcome feedback as well as grievances of Users to be brought to its attention so that it may take steps that it deems appropriate for improvement of the User experience on the Website
(v) Small Change is not responsible for the functioning of any NGO nor for the effectiveness of the NGOs programs. Donors are requested to exercise independent due diligence before contributing.
11. Financial Transaction Facility - Givers
(i) While availing any of the payment / donation / contribution method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and between your "Bank/s", or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
(ii) All payments made towards the donations on the Website by you, shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the donations made on the Website.
(iii) It is clearly understood, accepted and agreed that the payment facility provided by Small Change is neither a banking nor financial service. Small Change is merely a facilitator and web platform providing automated online electronic payment facility using existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Small Change is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction.
(iv) Small Change reserves the right to refuse to process Transactions by Givers with a prior history of questionable transactions including without limitation to collusion between the Giver and NGOs to bring about a false impression or mislead other Users of the Website or breach / violation of any law or any charges imposed by Issuing Bank or breach of any policy.
(v) Small Change may delay notifying the payment / transaction confirmation i.e. informing NGOs, if Small Change deems it suspicious. In addition, Small Change may hold transaction price / amount and inform law enforcement officials (instead of refunding the same to Giver) at the request of law enforcement officials or in the event the Giver or NGOs for that matter, is engaged in any form of illegal activity.
(vi) The Giver acknowledges that Small Change will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction or any delay in processing a Transaction which is beyond the control of Small Change.
(vii) Small Change shall make payments, net of its costs, charges and fees into the bank account provided by the NGOs during NGOs Registration process. On the basis of the separate agreement with the NGO, once Small Change has made payments into such bank account number Small Change shall be discharged of any/all liability towards the NGOs and the NGOs shall not be eligible for any claims thereof.
12. Financial Transaction Facility - NGOs
(i) You, as an NGO, shall be required to register yourself with Small Change and fulfil all the eligibility criteria before featuring on the Small Change website and be governed by the separate Agreement between You with Small Change.
(ii) The funds collected towards each Campaign shall be transferred to You, as per the details provided to you at the end of the Campaign and net of the Small Change's fees to cover operational costs. If at any time either during or after the Campaign, You are unable to fulfil your commitments, or out of requirement under law, You shall return the money to the Giver / Contributor within a timely manner.
13. Compliance with Laws
(i) The Giver shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 2010 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Small Change Website.
14. Givers’ arrangement with Issuing Bank
(i) All Valid Credit/Debit/Cash Card and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Giver and the respective Issuing Bank and payment instrument issuing company.
(ii) All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank, which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between the Giver and the respective Issuing Bank.
(i) Without limiting other remedies, we may limit Your activity, immediately remove Your information, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Website in the event, but not limited to:
- If we are unable to verify or authenticate any information You provide;
- If it is believed that Your actions may cause legal liability for You, other users or us.
16. Refund & Cancellation
Donations on the website are made towards Projects or NGOs with social impact as the primary cause. You understand that this donation is not for purchase of any goods or services. Therefore, the contributions once cleared by the payment gateway will go towards the Project/NGO you intended to give to, and therefore cannot be refunded or cancelled.
In case the Project is cancelled before the Fundraiser is completed, the contributions will be refunded to designated bank accounts or credit card accounts of the Givers. The company will seek information, through e-mail, on your bank account for electronic transfer. Small Change will refund the amount in 15 working days from the date of receipt of complete information. Small Change will not be responsible for any wrong information. However, such refund will be subject to applicable payment gateway fees and taxes.
(i) The NGOs shall indemnify and hold harmless Small Change, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, against all claim, actions, penalties, prosecution, proceedings demand losses, disputes, charges, penalty, costs and expenses including reasonable attorneys' fees, that may arise or may be incurred by Small Change as consequence of any default, breach, non-observance, non performance or negligent act whatsoever by the NGOs of any terms , conditions, stipulations, provisions and/or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party more particularly stated herein and/or in any individual agreements executed by Small Change and the User.
(i) The User hereby agrees and states that Small Change is only a service provider to enable the NGOs to market/publicize/create awareness/advertise their respective cause/Fundraisers and Small Change shall in no way be responsible for the performance and/or liable for any mis-representation of any information provided by the NGOss in any manner whatsoever and the User hereby waives his/her/their/its right to bring any action/cause/dispute against Small Change for any reason whatsoever.
19. Modifications and Alterations
20. Applicable Law & Jurisdiction
21. Dispute Resolution
(i) Any dispute involving Small Change, whether as a formal party or otherwise shall be resolved by Arbitration of a sole Arbitrator appointed by Small Change and in accordance with the Indian Arbitration and Conciliation Act, 1996. The seat of Arbitration shall be in Kolkata and the language to be used in all proceedings shall be English.
22. Limitation of Liability
23. Contact Us
Please send any questions or comments regarding this Website to firstname.lastname@example.org
24. Grievance officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: