APHRDS is the online fundraising website of Anti-Poverty and Human Resource Development Society, a service provider to the not-for-profit sector. APHRDS makes the Website and its information and material available to you as a service. Your access to and use of information and material contained on the Website is at your own risk.

The Website is owned and operated by Anti-Poverty and Human Resource Development Society, Society registered under Society Registration Act, 1860 registered in India whose registered office is at D.No.1-41-9, Adarsh Nagar, Pedawaltair, Visakhapatnam. The Society registration number is 35 of 1987.

In these terms and conditions, the following definitions shall apply:

"You/User/ Your" means any person, firm or company who sponsors a fundraiser via a fundraising page, makes a donation directly to a charity via the APHRDS website, any charity which registers with APHRDS and any other natural or legal persons using this website for any reason, and any of their or its employees, consultants and authorized agents who may use the website from time to time;

“We/Our” means APHRDS.

"Website" means the website www.aphrdsindia.org

“Service” means the APHRDS service i.e. an online fundraising facility on the Website for collecting and receiving donations on behalf of member charities.

“APHRDS ” means Anti-Poverty and Human Resource Development Society, Society registered under Society Registration Act, 1860 registered in India whose registered office is at D,No.1-41-9, Adarsh Nagar, Pedawaltair, Visakhapatnam. The Society registration number is 35 of 1987.

1. Introduction/ Acceptance Of This Agreement

1.1 These terms and conditions of use apply to all users of the Website. By accessing, viewing and/or using the Website, you acknowledge that you have read, understood, accepted and agree to be bound by these terms and conditions and to comply with all applicable laws and regulations.

1.2 Our privacy and security policy forms part of the terms and conditions of this Website, and by using the Website and/or registering as a fundraiser then you are accepting that we can use your personal information as contained therein. The privacy and security policy may be viewed here.

1.3 APHRDS makes reasonable efforts to ensure that the organizations registered with us are charitable in nature. Only registered charities in India can become members of APHRDS. At the absolute discretion of APHRDS, organizations which We deem to be charitable in nature will be allowed to register on the Website.

1.4 APHRDS does not accept any liability for donations made by You to organizations which do not or have ceased to have charitable status as decreed by the Revenue Commissioners and/or the Charities Regulatory Authority.

1.5 APHRDS shall not have responsibility for any liability in connection with any of the activities of charities registered with the Website. 1.6 If You do not accept these terms and conditions, do not use this Website.

2. Specific Use and Content Rules

2.1 Use of the Service is restricted to individuals aged 18 years or over (proof of age may be required) and this service is only available to permanent residents of the Republic of India. By using or registering with the Website, You represent that You are of the requisite legal age to form a binding contract and that You are not prohibited from receiving services in any jurisdiction, or in the case of
any User that is a company or not an individual. By using the Service You further represent that You have the capacity and authority to enter into a contract with APHRDS. You are responsible for Your use of the Service. APHRDS reserves the right to refuse the registration of any User at its absolute discretion.

2.2 You further warrant that in using the Service You shall at all times provide true, accurate and
complete information about Yourself or Your company or organisation.

2.3 By logging in to the Website and/or posting comments or other contributions, You agree to be bound by these terms and conditions.

2.4 You agree not to use the Service:

(a) for any illegal, unlawful or unauthorised purpose;

(b)toconductor forward surveys / questionnaires, contests, chain letters or other unwanted mail ("spam") to any users of APHRDS and individual listed on the site;

(c) to upload, post, email or otherwise ransmit or communicate any material which is likely to cause harm to APHRDS or anyone else’s computer systems, including but not limited to, that which contains viruses, trojans, worms, codes, data, logic bombs, corrupted files, or any other similar software or programmes that are malicious or technologically harmful or may damagethe operation of our or any other computer or allow unauthorised access to the Service which may cause any defect, error, malfunction or corruption of the Service;

(d) to upload, post, email or otherwise transmit or communicate material (including, but not limited to, images) that is, or which We consider, in our sole discretion obscene, offensive, blasphemous, unlawful, pornographic, menacing, threatening,racist, abusive, harmful, an invasion of privacy or publicity rights, libellous, defamatory, illegal or otherwise objectionable;

(e) to upload, post, email or otherwise transmit or communicate material (including, but not limited to, images) that You do not have the right to transmit or communicate under any contractual or fiduciary lationship or which infringes any copyright, trademark, patent, trade secret or other
intellectual property right or any moral right of any party;

(f) to upload, post, email or otherwise transmit or communicate material in any manner that gives the impression that they emanate from APHRDS , if this is not the case;

(g) to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to solicit or attempt to discover a user’s password, screen name, uploaded image(s) or other registration information without the user’s
express knowledge and prior consent;

(h) to interfere with or disrupt (or attempt to interfere with or disrupt) the Service or servers or
networks connected to the Service, or to disobey any procedures, requirements, regulations or policies of networks connected to the Service;

(i) to advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;

(j) to harm minors in any way, including but not limited to, uploading, posting, emailing or otherwise communicating or transmitting material that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

(k) for any commercial purpose without the express prior written consent of APHRDS ;

(l) to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity;

(m) to provide any information that is false or misleading, that you do not have a right to disclose or that attempts to hide your identity;

(n) promote any illegal goods, services or activities; and

(o) to resell the Service or any portion of the Service.

2.5 In relation to Your content submissions You hereby represent and warrant to APHRDS that:

(a) You have the necessary licenses, rights and permissions to use Your content submissions in the manner intended by APHRDS and these terms and conditions; and

(b) You have the written consent and release of each identifiable person in Your content submission to use their image or likeness to enable the use of Your content submission in the manner
intended by APHRDS and these terms and conditions.

2.6 You retain all of Your ownership rights to Your content submissions. However, by submitting content to APHRDS, You hereby grant APHRDS a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of,
and display the content in connection with the Website and APHRDS's (and its successors') business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.

2.7 APHRDS reserves the right to remove User submitted content without prior notice and for any reason

2.8 You acknowledge that APHRDS does not generally pre-screen content but that APHRDS will have the right (but not the obligation) in their sole discretion to edit, refuse, remove or move any content that is uploaded,
posted, emailed or otherwise transmitted or communicated to the Website.

2.9 Whilst APHRDS will attempt to remove objectionable material as quickly as possible, it is impossible to review all submitted material and therefore by Your acceptance of these terms and conditions and by uploading, posting, emailing or otherwise transmitting or communicating material You acknowledge that all content submitted is done so in accordance with these terms and conditions and APHRDS will not be held liable for any liability, claims, damages and expenses, including legal expenses, made by any third party due to or arising out of the use of the Service.

2.10 APHRDS reserves the right to block users or websites from accessing the Website without prior notice and for any reason.

3. Fees

(a) It has been agreed between APHRDS and each charity registered on the Website that fees and bank fees will be automatically deducted from each donation made through the Website.

(b) A total of 5% is deducted from every donation. This deduction is to cover all fees and charges (including bank fees and charges) incurred in the administration of the Website.

(c) Donations are processed instantly by APHRDS and the processing bank. In placing a donation You acknowledge that in the absence of fraud You waive any statutory rights you may have with regard to the cancellation of the processing of Your donation by APHRDS.

4. Debit/ Credit Card Payment

4.1. Users making donations by debit card or credit card hereby confirm to APHRDS that:

4.1.1. all debit card or credit card information supplied is accurate, true and complete;

4.1.2. You are duly authorised to use the debit card or credit card for the transaction; and

4.1.3. the donation and fees will be honoured by the credit card company.

4.2. If a donation has been made on the Website using Your debit card or credit card details in circumstances where You had not agreed to or authorised the donation, then (provided You have taken reasonable care not to allow an unauthorised person to gain access to Your card details,
password or login details)APHRDS is required to refund to You the money received provided that You inform Your credit card or debit card company/ credit institution and APHRDS of the unauthorised payment as soon as You discover it; and that You co-operate with Your credit card or debit card company/ credit institution and APHRDS and any other necessary authority.

4.3. All donations made via the Website are final unless fraudulent use of the card is established in accordance with the above clause 4.2.

5. Use of personal data and Disclosure of Information to Third Parties

5.1. For details of how APHRDS does and does not use personal data with regard to users' interaction with this Website, please read our privacy policy.

5.2. You are responsible for keeping Your password secure, and are responsible for any activity that occurs under Your login name/registration.

5.3. You acknowledge and agree that APHRDS may preserve content and may also disclose content if required to do so by law or in the belief that such disclosure is reasonably necessary to

(a) comply with legal requirements;

(b) enforce these terms and conditions;

(c) respond to claims that any content violates the rights of third parties; or

(d) protect the rights, property or good name of APHRDS or the users of the Service

5.4. APHRDS may provide non-personal data to third parties, where such information is combined with similar information of other users of the Website. For example, APHRDS might inform third parties regarding the number of unique users who visit the Website, the demographic breakdown of the community users of the Website, or the activities that visitors to the Website engage in while on the Website.

5.5. APHRDS will not disclose Your personal data to third parties unless You have consented to this disclosure or unless the third party is required to fulfil Your request for information (in such circumstances, the third party is bound by similar data protection requirements).

5.6. APHRDS will disclose Your personal data if we believe in good faith that we are required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order, or other statutory requirement.

6. Use of Donations

We do not control or monitor how charities use donations. If fundraisers and donors are concerned as to how donations made through a fundraising page are used, they should make enquiries with the relevant charity or check the relevant charity’s website.

7. Intellectual Property / Trade Marks

7.1. The Website contains Intellectual Property which is the proprietary property of APHRDS (or our relevant content supplier) including without limitation, the text, graphics, copyright works, magnetic or digital translation, and other matters related to the Website APHRDS is the exclusive owner of all rights in the compilation, design and layout of this Website. All rights are reserved to APHRDS. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials. Such rights are protected by copyright laws and all such rights are reserved.

7.2. The APHRDS name and logo are the property of Anti-Poverty and Human Resource Development Society and may not be used in any way without the prior written consent of Anti-Poverty and Human Resource Development Society.

7.3. APHRDS does not claim ownership of any intellectual property rights to content submitted by You to Your fundraising page or otherwise.

7.4. By submitting a registration form, you grant us, our sub-licensees, customers and other users of the Website a world-wide royalty-free, perpetual, non-exclusive licence to reproduce, adapt, publish,translate and distribute any material or information that you upload to your fundraising page or otherwise in whole or in part, subject to our privacy policy.

7.5. APHRDS reserve the right to disclose your identity to any third party who is claiming that any material posted or uploaded on your fundraising page constitutes a violation of their intellectual property rights, or of their right to privacy.

8. Right to Use this Website and Content

8.1. You may access, view, reproduce and print the content on the Website provided You use the content only for information and non-commercial purposes. Any such reproduction must include a prominent acknowledgement of APHRDS’s rights in the relevant content. If You wish to establish a link to any part of this Website, You must obtain APHRDS’s prior written consent.

8.2. You agree that the use of the Service is entirely at Your own risk. The Service is provided without any warranties of any kind. APHRDS makes no guarantee as to the availability of the Service.

9. External Links/ Links to Third Party Website's

External links may be provided for Your convenience, but they are beyond the control of APHRDS and no representation is made as to their content. Use or reliance on any external links and the content thereon provided
is at Your own risk. When visiting external links You must refer to that external website’s terms and conditions of use. No hypertext links shall be created from any website controlled by You or otherwise to this Website without the express prior written permission of APHRDS . Please contact us if you would like to link to this Website or would like to request a link to your website.

10. Service Access

10.1. APHRDS do not warrant or represent that access to the Website or a fundraising page will be available at any time.

10.2. APHRDS reserves the right at any time to suspend provision of the Website and/or a fundraising page for the purposes of repair, maintenance or support without notice and for any reason.

10.3. Access may also not be possible or may be delayed due to excessive use or demand, technical or other reasons.

11. Disclaimer of Liability

11.1. APHRDS or any third party or data or content provider shall have no liability or responsibility to any person or entity with respect to any loss, damage, personal injury or expense of any nature whatsoever which may be suffered by You or any third party (including your company), as a result of or which may be attributable, directly or indirectly to your access and use of the website, or any information contained on the website.

11.2. APHRDS shall not be liable for any interruption or suspension of the Website or related services due to circumstances beyond its control including but not limited to any breakdown in internet connectivity or security.

11.3. APHRDS shall not be liable, directly or indirectly, for any damage or loss caused by or in connection with the access to or use of this Website, including, but not limited to, damage arising out of any of the matters specified in clause 2.5 above.

11.4. Although we have tried to ensure the content on the Website is current, accurate and complete, APHRDS makes no guarantee and gives no warranty that such content will be current, accurate or complete when You access it. APHRDS will take action,within a reasonable time, to correct any error or inaccuracy that is brought to our attention.

11.5.APHRDS will not under any circumstances be liable to any User by reason of any representation or warranty, condition or other term or any duty of common law, contract, tort, equity or otherwise or under the express terms of these terms and conditions, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) arising out of or in connection with the User’s use of the Website or the Service and whether occasioned by our negligence, or that of our employees or agents or otherwise, even if advised of the possibility of such damages.

11.6. APHRDS expressly disclaims all, and shall not be deemed to have given any, warranties, express or implied (by law or otherwise). To the fullest extent permitted by law all conditions and warranties implied by section 39 of the Sale of Goods and Supply of Services Act, 1980 are excluded and by accepting these terms and conditions You expressly agree that these exclusions are fair and reasonable.

11.7. You understand and accept that You are personally responsible for Your behaviour in connection with the Service. You agree to indemnify, defend and hold harmless APHRDS , its subsidiaries, affiliated companies, joint ventures, business partners, servants, agents, licensors, employees, agents and any third party information providers to the Service from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and legal fees, resulting from or arising out of (a) images or other content posted by You or any other person who accesses the Service using Your login name/ registration to the Website or through the Service,

(b) use or misuse of the Service by You or any other person who accesses the Website or the Service using Your login name/ registration,

(c) any breach of these terms and conditions or (d) any breach of any rights of a third party.

12. Suspension of Service and Removal of a Fundraising Page

12.1. APHRDS reserves the right at any time to suspend the Service without advance notice if we believe or suspect:

• that You are in breach of any of the terms and conditions of this Website.
  
  
• that a fundraiser's page or any part of it infringes the copyright, trade mark or any other right of any third party, or is in any way unlawful or breaches our content rules.
  
  
• it is likely to lead to any third party instituting or threatening legal proceedings against You or
  APHRDS
  
  
• if any fundraising page is set up for a specific charity or charities and any of those charities is or
  are unhappy with the content of that fundraising page or Your fundraising activities.
• that the Website or any fundraising page is being used for any illegal or unlawful purpose.

12.2. If You fail to correct a breach following adequate notice from APHRDS specifying the breach we reserve the right to remove Your fundraising page and terminate your registration with the Website with immediate effect. In addition, we reserve the right to remove Your fundraising page if requested to do so by the relevant charity.

12.3. APHRDS may also terminate Your registration with the Website upon written notice (which shall include e-mail) if You are a company and You go into insolvent liquidation, receivership or examinership or You are deemed to be unable to pay Your debts as they fall due within the meaning of section 563 of the Companies Act, 1956 (as amended, extended, consolidated, or replaced), of if You are an individual and You are declared a bankrupt.

12.4. In the event of the use of the site being terminated for any User, that User or organisation will still be bound by the terms and conditions of the site in all matters relating to the site.

13. Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with Indian law and any disputes arising hereto shall be subject to the exclusive jurisdiction of the Indian Courts.

14. Amendments

APHRDS may amend these terms and conditions at any time by updating this posting. It is Your responsibility to check this Website from time to time to review the latest version of our terms and conditions. By continuing to use the Website after any such amendment, You are deemed to have agreed to the amended terms of use.

15. Comments or Questions

If You have any questions, comments or concerns arising from the Website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling Your personal
information please contact us.