This Terms and Conditions of Service (“Agreement”) between Joy Of Giving Global foundation and users of/ registrants on the Website (“You”) describes the terms on which Joy Of Giving Global foundation offers You the Services (as defined below) through the Website. The use of this Website is governed by the terms and conditions under this Agreement. Before You use this Website, You must carefully read, understand, accept and agree to abide by all the terms and conditions under this Agreement. If you do not agree to these terms and conditions under the Agreement, please do not use the Website.

Your use of the Website or the Services provided under the Website shall confirm Your acceptance to this Agreement and signifies that You agree to be legally bound by the terms and conditions of this Agreement.

Joy Of Giving Global foundation reserves, in its sole discretion, the right to alter, add, delete or modify any provision of this Agreement at any time with or without prior notice to You which shall come into effect automatically, unless otherwise specified by Joy Of Giving Global foundation. If You do not agree to any modifications, You should discontinue availing the Services (other than those which have already been availed by You prior to such modifications). Your continued use of the Website after the effective date of such changes constitutes your acceptance of and agreement to the amended terms and conditions.

Joy Of Giving Global foundationshall 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 its knowledge and belief. However, Joy Of Giving Global foundationdoes not guarantee or warrant the accuracy, adequacy, correctness, validity, completeness or suitability of the information so provided. Neither Joy Of Giving Global foundation, nor any of its respective affiliates, employees, agents or controlling persons shall have any liability and such parties do not accept any direct or indirect loss, injury, claim, liability or special, direct, incidental, punitive, exemplary or consequential damages of any kind whatsoever due to information or data provided on the site. Any liabilities arising out of any act or omission by a visitor to the site, by relying on or using the information provided on the site, shall be solely to the account of such visitor. Visitors also acknowledge that visiting the site is an implicit acceptance of this disclaimer on their part.

The site provides display, description or references to NGOs. However, this is not to be construed as an endorsement by Joy Of Giving Global foundation of any such NGO and Joy Of Giving Global foundation expressly disclaims any liability for any damages, loss or expenses incurred as a result of any action, omission or responsibility assumed based on the information provided by the NGOs listed on Joyofgiving.com.

Where visitors are required to divulge any personal information on the site, Joy Of Giving Global foundation shall take reasonable steps to maintain the confidentiality of such information. However, Joy Of Giving Global foundation does not assume any liability in case of any direct or indirect loss, injury, claim, liability or damages of any kind whatsoever arising on account of divulgence of such personal information by the visitor. The site contains links to other sites operated by third parties including NGOs. Joy Of Giving Global foundationdoes not assume responsibility for the privacy practices or policies of the sites operated by such third parties or NGOs.

This Agreement is effective from your acceptance thereof, which is indicated by Your use of the Website or the Services. This Agreement shall be enforceable against You like any other written agreement.

a) Funding Services : If You are registered on the Website as a registered not-for-profit social organisation or non-government organization (“Social Organisation”), You may be permitted to canvass for funds for charitable purposes through the Website and receive funds (“Donations”) from other registered members of the Website including individuals (“Individuals”), other Social Organisations and service providers (“Service Providers”).

Social Organisations acknowledge that Joy Of Giving Global foundation makes no promise that You/Social Organisations will receive any Donations at all.

You may be permitted, on registration on the Website, to make Donations to Social Organisations through the Website. You may make Donations by credit card, debit card or other financial instruments.

Joy Of Giving Global foundation as an Agent: You understand and agree that Joy Of Giving Global foundation is not responsible for the manner of utilization of Donations by the recipient Social Organisations beyond the extent specifically mentioned on the Website, unless specifically agreed otherwise between You and Joy Of Giving Global foundation.

You understand and acknowledge that Joy Of Giving Global foundation shall act merely as an agent of Social Organisations, Individuals,  Service Providers any/or other registered user on the Website who makes a Donation to a Social Organisation on the Website (“Donor”) and shall, in acting as an agent, receive such Donation and pass the same on the Social Organisation designated by the Donor as soon as reasonably practicable, and without making any deductions to such sum (other than in respect of fees payable to the third party payment gateway provider, details of which are provided at relevant pages on the Website).).

 Donor confirmation: Donors making a Donation confirm that they are fully authorised to make such Donation and that such Donation does not violate the terms of any applicable law, including, without limitation, laws on money laundering.

Withholding of Donation: Joy Of Giving Global foundation reserves the right not to distribute a Donation to a Social Organisation, if: (i) we are unable to deliver it for legitimate reasons beyond our control; (ii) at any time the designated donee is in breach of this Agreement; (iii) the designated donee ceases to be a tax deductible organisation in good standing; or (iv) doing so would not allow us to remain in compliance with applicable laws.

Refund of Donation: For any Donation You receive, You will promptly return the full amount to Joy Of Giving Global foundation (or the Donor), if, when You receive it: (i) You have ceased to be a tax deductible Social Organisation; (ii) this Agreement has terminated, or (iii) You are in breach of this Agreement.

Tax exemption certificates: Joy Of Giving Global foundation will strive to ensure that Social Organisations registered on the Website send, where applicable, tax exemption certificates and feedback reports to Donors within reasonable time limits. Joy Of Giving Global foundation shall exert reasonable influence at its command, including withdrawal of non-compliant Social Organisations from the Website, if, in its opinion, the situation merits such action.

Utilisation of funds and Reporting: Social Organisations that receive Donations agree that the Donations, as well as any interest earned thereon, shall be used by the Social Organisation exclusively to fund expenses directly attributable or allocable to the activities specified in the organisational requirements / relevant project requirements mentioned in the Social Organisation’s profile on the Website, such expenses to include all direct expenses and a reasonable allocable share of administrative costs connected with such activities.  Social Organisations agree that the Donation is made only for the purposes stated in this Agreement, and neither the grant funds nor any interest earned thereon may be expended for any other purpose without the Donor’s prior approval in writing. Social Organisations further agree that the Donation shall be utilised in compliance with all relevant terms of this Agreement, in accordance with their non-profit status, and in accordance with all applicable laws.

Social Organisations that receive Donations also hereby agree that they will take every reasonable step to ensure that reporting requirements on the Website, in respect of utilisation of Donations and otherwise, are complied with.

Monitoring: You understand and agree that Joy Of Giving Global foundation is not responsible for ensuring or monitoring the manner of utilization of Donations by the recipient Social Organisations (beyond striving to ensure that relevant Social Organisations provide monthly feedback reports in respect of the Donations), unless specifically agreed otherwise between You and Joy Of Giving Global foundation.

 Other Offers: Joy Of Giving Global foundation may, by itself or in association or partnership with third parties, offer to members of the Website opportunities pertaining to the social sector. You agree that all such offers are at the discretion of Joy Of Giving Global foundation (and, if applicable, the relevant third party) and can be withdrawn or modified by Joy Of Giving Global foundation at any time. You also agree that when such offers are offered by Joy Of Giving Global foundation on behalf of a third party, the offer and subsequent acceptance by You forms an agreement between such third party and You and Joy Of Giving Global foundation is in no way responsible for discharge of responsibility by such third party, or for any inaction on the part of such third party,     

Joy Of Giving Global foundation makes no guarantee as to the continuous availability of the Service or any specific feature of the Services. Joy Of Giving Global foundation reserves the right to discontinue and/or change the Service or any of its features at any time with or without notice to You.

Registration Requirements

You can avail the Services provided by Joy Of Giving Global foundation after completion of the required registration process contemplated under the Website, including payment of required fee. Registration requirements and fees, if any, for categories of membership are provided on the Website.

You certify that you can enter into legally binding contracts under the Indian Contract Act, 1872. If You are an organisation, You represent that all due authorisations have been made to accept this Agreement. 

You agree to provide Joy Of Giving Global foundation with accurate, complete and up-to-date information, including, where requested, your legal name, electronic mail (e-mail) address, contact number, bank account details and, upon Joy Of Giving Global foundation’s request, certain scanned documents. All changes to this information (including information required in relation to your account on Joy Of Giving Global foundation) must be promptly updated in your account on the Website . In this regard, You undertake that all information provided by You to Joy Of Giving Global foundation to avail the Services is correct to the best of your informed knowledge. You further agree that You have complied with the terms and conditions under law pertaining the certifications and registrations uploaded onto the Website by You.

By accepting this Agreement, You agree that You are responsible for all acts performed by You through your account on the Website until you close such account or we terminate your account in accordance with the provisions of this Agreement. If You perform any act against the agreed terms, Joy Of Giving Global foundation retains the right to suspend or terminate your account without any further notice.

Membership and Fees

You can become a member of Joy Of Giving Global foundation free of cost and/or also upon payment, depending on the category of the member and the tier of membership. The membership by payment of fees is sub-divided into different tiers. You are advised to note that certain Services may be provided only to registrants on the Website and further that certain Services may be provided only to registrants within certain membership tiers. Details of the same are provided on the Website.

Suspension/Termination of accounts

Any accounts found to be in violation of the details provided in the Agreement will be suspended/removed.

Joy Of Giving Global foundation may, at its sole discretion, reinstate a suspended account at your request provided You furnish satisfactory and sufficient explanations along with such request for your commission of violation.

Termination

These terms and conditions remain in effect until your use of the Services is discontinued by Joy Of Giving Global foundation.

This Agreement, your rights under this Agreement, and your access to and use of the Website may be terminated by Joy Of Giving Global foundation at any time in its sole discretion, for any reason (like commission of a material breach, failure to pay the charges, etc.) or no reason at all and without any notice or liability to You or any third party.

You may terminate this Agreement by expressing your intent to Joy Of Giving Global foundation through e-mail. Your termination will only be complete upon your receipt of a confirmation from Joy Of Giving Global foundation which will be sent to your e-mail address. However, You will remain responsible for any transactions entered into by You by use of the Services and all obligations incurred by You until its termination.

If the Agreement is terminated pursuant to Section 14.1 and/or the Website is discontinued permanently by Joy Of Giving Global foundation, You may be entitled to a pro-rated refund of the subscription price at the discretion of Joy Of Giving Global foundation.

Any termination of this Agreement automatically terminates the license to use this Website. Upon termination, Joy Of Giving Global foundation may, in its sole discretion, delete from the Website any files or other information or data relating to your account.

Survival

Upon termination, all rights and obligations created by this Agreement will terminate, except that that You will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning fees, disclaimers of warranties, remedies, limitation of liability and indemnity obligations.

Joy Of Giving Global foundation retains the right to enforce these provisions regardless of your account status.

Governing Law/Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflicts of law provisions. Any disputes under this Agreement shall be referred to arbitration and shall be settled in accordance with the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Bangalore, India and language English. Subject to the above, courts in Bangalore shall have exclusive jurisdiction to deal with any dispute which may arise between Joy Of Giving Global foundation and You under this Agreement.

Joy Of Giving Global foundation may provide You with notices, including those regarding changes to the Agreement, by e-mail, regular mail, text message, postings on the Website, or other reasonable means.

Joy Of Giving Global foundationreserves the right to revise, amend or modify the policy entailed in this disclaimer at any time and in any manner as it may deem fit. Any change or revision so effected will be posted on the site.