Terms of use

DriveASmile.org is a platform for connecting donors and potential donation recipients. 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 or organizations who contribute on DriveASmile.org, nor should any donation received by any recipient via DriveASmile’s platform be construed as anything else other than a donation.

Consolidated terms of use and terms and conditions

Please read these Terms of Use/Terms and Conditions carefully before using http://www.DriveASmile.org (the ‘website or the ‘Site’), owned and operated by CarTrade Foundation (hereafter the ‘Foundation’). This Terms of Use sets forth 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 Terms of Use.

These terms and conditions apply in addition to any other terms and conditions that the Foundation or its affiliated organizations may ask you to sign at the time of making the contribution. The Foundation may ask you to sign specific terms and conditions at different point of activities on the website.

Summary of Service

DriveASmile is an online platform where certain users (’Donors’) create social causes (“Cause”) to donate funds (‘Donations’) for their self-defined Cause. They may also raise additional funds by asking for contributions from other users (‘Potential Donors’) to their Cause. Potential Recipients may apply to receive Donations against a Cause if they feel their specific need matches the description of the Cause and after due scrutiny and approval by the Donor, the Potential Recipient may receive a Donation, thus becoming a ‘Recipient’.

In addition, Potential Recipients may also describe their specific requirement and create a listing (‘Need’) on the platform themselves and Donors may donate to them.

Through the site, email, websites, and other media, the Foundation makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Donor(s), Recipient(s) 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 the Content. “User Submissions” means any Content Submitted by Users.

Acceptance of Terms

The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy (that can be found on the website) and all other operating rules, policies, and procedures that may be published on the Site. In addition, some services offered through the Site may be subject to additional terms and conditions adopted by the Foundation.

Modification of Terms of Use

The Foundation reserves the right, at its sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the Site and its services (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Foundation may also impose limits on certain features and services or restrict your access to parts or all of the website without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Registration

You may view Content on the Site without registering, but as a condition of using certain aspects of the Site, you may be required to register with the Foundation and its Site and create a User profile. Additionally, you shall provide accurate, complete, and updated registration information without which the account may be terminated. The Foundation reserves the right in its sole discretion to refuse registration of or cancel a User Profile or Cause, domain name, and project name. You shall never use another User account without the other User’s expressed permission. You will immediately notify the Foundation in writing of any unauthorized use of your account, or other known account-related security breach.

Fund transaction and accountability

The Site offers various payment modalities to facilitate transaction of funds for Causes. However, it may be noted that the Site or the Foundation:

• Are not the final recipients of any funds, but a service provider, which enables receipt of funds (both domestic and foreign) by Recipients, who are the final recipient of funds.
• Collects the funds in the Foundation bank account / platform of Foundation till the Cause is running for a time period chosen by the Donor and transfers the funds to the Recipient’s bank account / educational institute / hospital / employer as is mutually agreed between Donor and the Foundation.
• Does not generate contributions and contributors for a Need / Cause.
• Does not guarantee that the target funds of a Need / Cause will be raised fully.
• Does not offer the platform to users for investing in a project for the purpose of equity, loans/debt, or profit sharing.
• Does not resolve a dispute between Donor(s) and Potential Recipients / Recipients.
• DriveASmile / Foundation and the payment gateway may deduct their fees and applicable taxes before providing the funds to you.
• The Foundation will not be responsible for the veracity of any information provided by the Potential Recipient.
• The Foundation will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Foundation’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Terms and Conditions for POTENTIAL RECIPIENT (Those Who Want To Raise Funds)

General Conditions

• You are solely responsible for utilizing the funds for the Need / Cause mentioned in our fund-raising page. The Foundation is not responsible in any way whatsoever towards the end utilization of funds.
• You can either apply against a Cause on our Site or create and post your own Need, in which case a page (‘The Need Listing’) will be created detailing your Need to the public.
• The Need Listing on our Platform will be available to the general public for a limited number of days, from the time you publish the Need Listing on the Platform. You may or may not be able to raise the targeted amount in the designated period. The Foundation at its sole discretion may extend the tenure of hosting or may remove the Need Listing.
• The Foundation will collect contributions online, and will remit Donations after approval and scrutiny by the Donors.
• In case of contributions made outside India, Recipient have to comply with 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 by regulatory authorities.
• If applicable, you shall issue tax rebate certificates for Indian contributions only to the extent of the monies received by us; i.e. the amount contributed minus the fees charged by DriveASmile / Foundation and the payment gateway.
• You hereby indemnify and to keep indemnified and hold safe and harmless the Foundation, its directors and trustees, employees and agents against all such liabilities or claims and also against any loss or damage that may arise on the Foundation, its directors and trustees, employees and agents on account of acts of omission, utilization of funds by you 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 Need. The indemnities if any shall survive beyond the period of the Terms of Use.
• In no event will the Foundation 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.
• This Terms of Use shall be governed by and construed under the applicable laws of the Indian Union, and in respect of any suit, action or proceeding arising out of this Terms of Use to the jurisdiction of the courts of Mumbai, Maharashtra, India only.
• This Terms of Use shall be valid from the date of signature. The Foundation may terminate the Terms of Use 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.

Project completion

Potential Recipients have full ownership of their Need Listing Recipients must also keep the Foundation updated about the work in progress in case of delays to avoid Donor dissatisfaction. Donors are free to get in touch with the Recipients directly and solving any dispute that arises regarding the Need.

DriveASmile branding & marketing

Campaigners must include DriveASmile’s logo branding on all project and/or campaign related marketing collaterals, whether online or offline (e.g., online banners, offline flyers) as per DriveASmile’s brand and logo guidelines. DriveASmile should be credited as the project’s “Fund Generation Partner” at campaign or project related online and offline events. Also successful campaigners are obliged to attend and/or lead DriveASmile’s branding & marketing activities such as events, ad videos, interviews, etc.

Need Listing cancellation

DriveASmile reserves the right to reject, cancel, interrupt, remove, or suspend a Need Listing at any time and for any reason. DriveASmile is not liable for any damages as a result of any of those actions. DriveASmile’s policy is not to comment on the reasons for any of those actions.

Third-Party Sites

The Site may permit campaign owners and users to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Foundation’s control, and you acknowledge that the Foundation is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Foundation.

Terms and conditions for Donors (Those Who Want To Give Funds)

General Terms

• The Foundation will collect contributions from many sources and then provide the collective amount to the Recipient; therefore, the contribution may take 60 days – from the time Donor(s) have made it – to reach the Recipient.

Registration

Donors can only donate by registering on the Site using the Site’s defined procedures. They also allow the Site to create their account on DriveASmile and use their provided details to create a DriveASmile account.

Payment details

By funding a campaign, Donors agree to provide their name, email address, phone number, and donation. They also agree to provide details required for payment as well as tax details to either DriveASmile or to the authorized online payment gateway of the Site, CC Avenue, including necessary & required details of their bank account, credit and debit cards for making an online contribution, or the accurate address for cash/cheque pick up to the Site’s offline collection vendors. Donors agree to have sufficient funds or credit during making a contribution for a campaign. Contributors are informed that their credit and debit card related details are not provided to the Foundation or the Site by the online payment gateway & remain confidential.

Other contributor information

Donors authorize the Site to provide Recipients their name and contact details for the purpose of queries or updates regarding the funded project.

Additionally, they also authorize the Site to publish their name and on the ‘Donors’ section of the campaign that is funded by them. However, contributors can choose to be “anonymous”, if they don’t wish to make themselves public. Furthermore, by providing the Site their contact details, Donors agree to receive regular updates about the future fund generation campaigns on the Site through fortnightly newsletters. They can always choose to deactivate reception of the Site’s newsletter and other notifications.

The Foundation follows a reliable refund policy to let our donors feel privileged about their association with us. We take utmost care about processing donations as per the mandates signed by our donors in the donor forms, both offline and online. But in case of an unlikely event of an erroneous deduction or if the Donor wants to cancel/deduct the donation, the Foundation will respond within 7 working days from the date of receiving the complaint from donor. The timely refund of the wrongly deduced amount will depend on type of card used during transaction. We would require a proof of deduction of the donation amount and a written communication for refund from the donor within two days after donation.

• In such cases if the receipt already has been issued, then the Donor need to return the original receipt at our official address.
• In the case of tax exemption certificate already issued, refund will not be possible.

Rights of the Need

Donors agree to not claim any ownership in the Needs they fund through the campaign on the Site. The rights of the Need remain with the Recipient.

Rules and Conduct

As a condition of use, you promise not to use the Site for any purpose that is prohibited by the Terms of Use or law.

Termination

The Foundation may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid to the Foundation are non-refundable. All provisions of the Terms of Use that by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers.

Termination Warranty Disclaimer

The Foundation reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a campaign or project; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission.

The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.

Limitation of Liability

In no event shall the Foundation, nor its directors, employees, agents, partners, vendors, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising) and (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination).

Electronic Delivery, Notice Policy, and Your Consent

By using the Site, you consent to receive from the Foundation, all communications including notices, Terms of Uses, legally required disclosures, or other information in connection with the Site (collectively, “Contract Notices”) electronically. The Foundation may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Site. This Terms of Use and each Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai.

Governing Law

This agreement and Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai only.