Terms & Conditions

LAST UPDATED: Feb 28TH, 2023 

Please read these Terms of Use/Terms and Conditions carefully before using www.dharmarth.net. (“Website / Platform / Site”). 

This Website / Platform is owned by Dharmarth incorporated under Indian Partnership act having corporate office at 15/7, sarvpriya vihar, new delhi -110017 . Dharmarth is engaged in the cause of promoting crowdfunding for cultural, education, medical causes, creative, social, and many other charitable causes along with its any other affiliates/designated NGO partners of Dharmarth. 

Dharmarth is carrying out the fundraising business on the Platform under the brand name “Dharmarth”. 

This Agreement shall bind the Campaigners, Funders, Visitors (“You” or “Users”) of this Site and Dharmarth (and/or any of their respective affiliates) in a legally binding agreement. By using the service/s of the Platform 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. 

www.dharmarth.net is an online platform connecting donors and donees. 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 Platform. We are not providing any services that are akin to fund management or pooling of funds. Any contribution on the Platform by an individual, should not be construed as an investment in any form whatsoever. We further state that Platform is a commercial service provider that provides its services to connect donors and donees. The funds collected on the Platform are merely held by us in the capacity of nodal platforms / facilitators on behalf of Campaigners and are not the final recipients of the funds. Further, Dharmarth Platform does not have or is not part of any definite cultural, economic, educational, religious or social program nor Platform, on its own accord is raising funds for any such causes.Further, You understand that we may, while providing Services collect payments on the Campaigner’s or the Beneficiary’s behalf. The Campaigner and/or beneficiary of the Campaign appoint(s) Dharmarth and all of their respective affiliates / NGO partner as their authorized payment collection agents. Any payments due to the Campaigner and/or beneficiary will be collected by us in our capacity as their authorised payment collection agent. You understand and acknowledge that we are not acting as a regulated payment system or a payment aggregator while doing so. 

It is clarified that all references to 'he', 'his', 'him' and 'himself', in the context of the User, shall be deemed to include references to Users of the opposite gender as well as Users who are legal or non-natural entities. Dharmarth may be referred as “we /us” under these terms of use. 

Definitions: 

Beneficiary: Person / entity to whose account the funds raised on the Campaign are transferred for its utilisation for the purpose of the Campaign; 

Campaign: Fundraising campaign / in-kind donation campaigns initiated on the Platform; 

Campaigner: User who initiates a fundraising campaign on the Platform to raise funds through crowd sourcing; 

Beneficiary: Organisation/person for whom funds are being raised by initiating Campaign on the Platform; 

Donor / Funder: User who donates to any of the Campaigns listed on the Platform; 

Materials: Original document(s), statement(s), interview(s), photograph(s), video(s) or any other likeness including any personal information including names, photos, video(s) and/or medical records relating to the Campaigner / Beneficiary and/or of the purpose of the Campaign; 

Platform / Site: the web platform www.dharmarth.net; 

User: Person / entity that accesses /uses / visits the Site or avails the Services or creates a profile on the Platform or uses to make donation towards any of the Campaign. 

Refund and Cancellation Policy

Dharmarth makes policy policy on refund and cancellation of donations received for the social cause on payment gateway as under:-

• No refund/cancellation for the donated amount by any donor will not be entertained, the online donations through the online payment gateway.

• No cash or refund of money will be allowed.

• If any in-kind support received by the donor from anywhere the material will be reached to the poorest of the poorer communities.

• Once received the donation for a cause will not be refunded to the donor. No cancellation to be made. The donation will be used for community development, children education or women’s empowerment.

• In case of a special request, we may consider the refund request depending on the amount and reason for the request.

• Users can use the mail id to request for the refund. The refund decision wholly depends on the management committee of Dharmarth whether they accept or refuse the request.

Terms and Conditions

Use of this site is provided by Dharmarth subject to the following Terms and Conditions:

Dharmarth reserves the rights to change these terms and conditions at any time by posting changes online. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified. You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the site by any third party.

This site and the information, names, images, pictures, logos regarding or relating to Dharmarth  are provided “as is” without any representation or endorsement made and without warranty of any kind whether express or implied. In no event will Dharmarth be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from the use or in connection with such use or loss of use of the site, whether in contract or in negligence.

Dharmarth does not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the materials.

Anti-Money Laundering Policy 

I. SCOPE AND APPLICABILITY

1. is committed to ensuring that it maintains ethical business practices, complies with applicable law and its crowdfunding platform is not used for funding illegal activities. To achieve this objective we have prepared this Anti-Money Laundering Policy (“AML Policy”) and request you to carefully read and follow the policy. This policy is in addition to your obligations under applicable laws on the prevention of money laundering and does not detract in any manner from those obligations. We urge you to be aware of your obligations under such applicable laws. Dharmarth’s ability to comply with its obligations under applicable law is dependent on your cooperation and we seek your cooperation via this policy.

2. To ensure that we are not involved in any transactions that are known or suspected to be means of laundering money if any suspicious activity is noticed, users of the Dharmarth platform are urged to promptly contact government authorities to facilitate any action that may be needed.

3. This money laundering policy applies to all persons using and accessing Dharmarth’s platform. This includes all donors, contributors, campaigners, and persons visiting our platform. All these persons are collectively referred to as “Users” or “users”.

II.WHAT CONSTITUTES MONEY LAUNDERING AND SUSPICIOUS TRANSACTIONS

1. “Money laundering” is largely understood to mean any act or attempt (directly or indirectly and even by association in one step of a series of transactions) to conceal or disguise the origin and ownership of proceeds obtained illegally, such that it appears to have originated from legitimate sources; thus avoiding prosecution, conviction and confiscation of such proceeds. Terrorist organisations, tax evaders, smugglers, persons involved in bribery or any persons that receive money for illegal activities and/or through illegal means may launder money.

2. Recognising transactions involving money laundering requires awareness of possible suspicious activity, which may arise at any time. Below is an indicative list of actions that persons associated with Dharmarth should be careful of. This list is not exhaustive, as every circumstance is not foreseeable. However, regardless of appearing together or individually, please be aware of the following situations that may be indications of money laundering activity:

• Users that are reluctant to provide complete information, or those that provide incomplete, false or suspicious information and/ or are unwilling to comply with Dharmarth’s identification requirements;

• Users that appear as agents or representatives for other individuals or organisations, but refuse to provide complete information about such individuals or organisations;

• Any person, including a Dharmarth employee, that is concerned about or seeks to avoid any reporting requirements or refuses to maintain required records;

• Payments made in cash or cash equivalents only (such as money orders, traveller’s cheques, internet currencies or prepaid cash cards);

• Donations of large amounts that appear to be out of place or inconsistent with normal donation patterns, in the absence of any legitimate requirement for such donation;

• Requests for payments to be made in unrelated countries or to third parties;

• Multiple partial payments from various parties on behalf of a single user and/or multiple partial payments from various locations;

• Users making payments in one form, then requesting refunds in other forms (for example, making payments by credit card, but requesting refunds in cash or by wire transfers);

• Users making contributions, followed by immediate requests to wire out or transfer the funds to a third party or firm, without connected purposes;

• Users requesting for donations to be paid in cash or wired to a third party or firm, without connected purposes;

• On-boarding of users by Dharmarth employees based on incomplete information or in contravention of Dharmarth’s policies;

• Acceptance of incentives by a Dharmarth employee for breaching Dharmarth’s policies;

• Users connected to countries and/ or persons identified as non- cooperative by the Reserve Bank of India, Financial Action Task Force on Money Laundering established by the G-7 Summit in 1987, Office of Foreign Assets Control, US Department of Treasury and international organisations against money laundering.

III.STEPS TO ENSURE COMPLIANCE

1. Compliance with Applicable Law: Users must, at all times, ensure that they access and/ or utilise Dharmarth’s platform in compliance with all applicable law. Users contributing or donating to campaigns should also ensure that no funds used to contribute or donate to a campaign originate from any unlawful activity. Similarly, users collecting funds for a campaign must ensure that they are not used for any illegal purpose.

2. Reporting Suspicious Activity: Users must, and without delay, report to relevant government authorities any suspicious activity or red flag that they might come across while accessing or using Dharmarth’s platform.

IV.ACTION BY Dharmarth

Upon receiving knowledge of suspicious transactions or any breach of applicable law or this policy, Dharmarth may take one or more of the following steps:

1. Probe into the incident;

2. Report the incident directly to the appropriate government authority;

3. Suspend or delete a campaign;

4. Suspend or delete the user account(s);

5. Other steps/actions that Dharmarth may deem appropriate.

V.CONSEQUENCES OF AML POLICY VIOLATIONS

• Users agree that irreparable damage would occur to Dharmarth if any of the provisions of this AML Policy are not complied with. Accordingly, users agree that Dharmarth is entitled to claim damages from users for violating this AML Policy in addition to any other remedy to which they are entitled at law or in equity.

VI.NO LIABILITY

• To the extent permitted under applicable law, Dharmarth shall have no liability in respect of any illegal transactions that take place on its platform. Dharmarth shall also not be liable for any consequences (monetary or otherwise) suffered by the stakeholders of a campaign or other users if it takes action (in its sole discretion) pursuant to this policy and applicable law.

VII.COMPLIANCE AND CO-OPERATION

• This policy must be complied with by the user in addition to the local laws applicable to the users in their home jurisdictions. Users agree that upon being requested by Dharmarth or its legal counsel or any government authorities they shall fully cooperate with them in any formal or informal inquiry, investigation or other proceedings. In this regard, users agree that they will promptly provide all information or documents they may possess relevant to the inquiry, investigation or legal action or proceeding without any demur and at their own costs.

VIII.MAINTENANCE AND DISCLOSURE OF RECORDS

• To help us comply with applicable law we obtain and record information that identifies users on our platform. This means we must ask you for certain identifying information, including copies of government-issued ID and such other information or documents that we consider appropriate to verify your identity. Dharmarth hereby reserves the right to maintain records confirming the identity of its users and the transactions undertaken by them for as long as may be required under applicable law. Dharmarth also reserves the right to disclose this information to government authorities in case of any inquiry, investigation or other proceedings initiated by them.

IX.GOOD FAITH

• No policy, law or code of conduct can foresee every situation, and Dharmarth relies on the good faith of its users to promptly report any concerns or ‘red flags’ envisaged by this AML Policy to government authorities. Dharmarth presumes that all information (including documents relating to the identity of its users) is true and accurate and the users represent the same to Dharmarth by virtue of using the services of Dharmarth.

X.AMENDMENT

• Dharmarth reserves the right to modify and amend this AML Policy at any time. Dharmarth will not be liable to any users or third parties for any modification or amendment. Users are recommended to review the AML Policy from time to time, for the most up-to-date version. In the event of modification or amendment to the AML Policy, continued use of the Dharmarth platform, after notice of material changes, will constitute acceptance of the modified or amended terms. If the modifications or amendments to the AML Policy are not acceptable by any registered users, the only remedy would be to cease usage of the Dharmarth platform, by deleting the relevant account or writing to us at info@Dharmarth.net .

XI.GOVERNING LAW

• Any dispute or claim relating in any way to this AML Policy is subject to the exclusive jurisdiction of the courts in Mumbai. Laws prevailing in India, without regard to principles of conflict of laws, will govern this AML Policy and any dispute related to/arising from this AML Policy, between Dharmarth and the concerned user.

XII.SURVIVAL

• This AML Policy will survive the termination of Dharmarth’s relationship with the concerned user.

XIII.QUERIES

• Should have any queries or require any assistance in relation to this policy, please write to us at info@dharmarth.net of its users) is true and accurate and the users represent the same to Dharmarth by virtue of using the services of Dharmarth.