Terms & Conditions

GENERAL

a) This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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.

b) This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the domain name www.beeyodo.com (hereinafter referred to as the "Website/Beeyodo") which are owned and operated by Beeyodo Online Services (OPC) Private Limited (hereinafter referred to as the "Company"), and having its registered office at #66, Sarat Bose Road LP 99/5, Kolkata WB 700065, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.

c) For the purpose of these Terms of Use ("Terms"), wherever the context so requires,

  • The term 'You' & 'User' shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
  • The terms 'We', 'Us', 'Our' shall mean the Website and/or the Company, as the context so requires;
  • The term 'Campaign/Project' shall mean and refer to the cause for which the online funding is raised;
  • The term 'Campaigner' shall mean and refer to any person trying to raise fund for any cause through our website;
  • The term 'Funder' shall mean and refer to any person donating to the cause published on our website;
  • The term 'Social Cause' shall mean and refer to Projects that have high social impact or provides relief to an individual or collective seeking support;
  • The term 'Creative Cause' shall mean and refer to projects related to art and craft or any other socially relevant creative exercise;
  • The terms 'Party' & 'Parties' shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires;

d) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an Orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.

e) The use of this Website by the User is solely governed by these Terms as well as the Privacy Policy and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If You continue to browse and use this Website You are agreeing to comply with and be bound by the following terms and conditions of use, which shall be read together with Our privacy policy. The User expressly agrees and acknowledges that the Terms and Privacy Policy are co-terminus, and that expiry/termination of either one will lead to the termination of the other, save as provided under the Termination heading.

f) The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Website constitutes the User's full and final acceptance of these Terms and the aforementioned Policy.

g) The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website. If the User does not adhere to the changes, it must stop using the Services. Your continuous use of the Services will signify your acceptance of the changed terms.

ONLINE PLATFORM

Beeyodo is a Web platform that facilitates Campaigners to raise funds online for their cause (“Platform�). Through the Platform the Campaigners can raise funds for social emergencies such as medical needs, treatment or education or could be purely creative ones i.e., to raise funds for making a documentary or publication of books. The Campaigners connect with us by submitting their project online through the company website. These submissions shall include all possible materials such as written texts, photographs and/or audio-visual materials describing the cause and other supporting documents depending on the kind of cause.

Online promotion through various social media avenues is undertaken (hereinafter “Services�) helping the campaigner in drafting the pitch-material such as drafting the ideal-text, or guiding to make an impactful pitch-video.

We shall project-pitch the same by publishing it on our website after thorough background verifications of the same. Once published, both the Campaigner and Beeyodo, promote the cause to potential funders through various social-media avenues. Funders who are interested to support the Campaigner then donate money to the Project. The Campaign remains live in the portal for a pre-specified time which varies from project to project.

A Campaigner can see Funder/Donor details only for his project. A Funder/Donor can see the total amount raised but not details regarding other Funders/Donors. Anonymous donations can be made on the website. In that case only the company is eligible to see the donor details and no one else.

DISCLAIMER

The Website is a platform for users to create awareness regarding a cause and to raise funds for the same. The platform does not allow users to promote for investing in a project for the purpose of equity, loans/debt, or profit sharing.

ELIGIBILITY

The Services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services provided by the Website. By accepting these Terms & Conditions or by otherwise using the Services or the App, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.

In case You are less than 18 years of age, You shall use the Services available on the Website under the supervision of Your legal guardian.

REGISTRATION

Users can create accounts through Facebook or Google account. The Company does not make any post on the donor’s behalf without prior permission. By registering, you certify that all information you provide, now or in the future, is accurate. The Website reserves the right, in its sole discretion, to deny you access to this website or any portion thereof without notice,

  • For any unauthorised access or use by you;
  • If you assign or transfer (or attempt the same) any rights granted to you under this Agreement;
  • If you violate any of the other terms and conditions of this Agreement.

USER OBLIGATIONS

You represent that you have the legal authority to access this Site, and at all times, will provide true, accurate and complete information when submitting any information, including, without limitation, when you provide information during registration or other forms as may be applicable. If you provide any false, inaccurate, or incomplete information, we reserve the right to terminate your access immediately to the Site. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by this TOU any personally identifiable information, which you receive or which is made available from us in connection with this TOU. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Site is solely at your own risk. While we have endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to or from the Site over the Internet or other form of communication network cannot be guaranteed and the Website is not responsible for the security of any information transmitted to or from the Site. You agree to assume all responsibility concerning activities related to your use of the Site.

Even though all possible efforts will be taken by Beeyodo to ensure that each Project being published on the website is genuine we do not make any representations and give warranties regarding such Projects. The Campaigners are required to ensure the following while providing materials to us for publishing on the website.

A. You agree that the Cause or Project:

  • Shall not be fraudulent, a misrepresentation created in order to mislead the general public;
  • shall not be in relation to a cause that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality and/or is in the nature of being derogatory, slanderous to any third party;
  • shall not be obscene, contain pornography or contain “indecent representation of womenâ€� within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
  • shall not be to distribute or contain spam, multiple/chain letters, or pyramid schemes in any of its forms;
  • shall not distribute viruses or any other technologies that may harm the Website or the interests or property of the Website users or impose an unreasonable load on the infrastructure or interfere with the proper working of the Website;
  • shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  • shall not be placed in a wrong category or in an incorrect area of the site;
  • shall not list or post or pertain to information that is either prohibited or restricted under the laws of India and such listing, posting or information shall not violate the terms regarding the listing provided herein;
  • You consent to receive communications by email, call or by such other mode of communication, electronic or otherwise related to the services provided through the website.

B. Control of Your Details :

If you use the Site by registering on the Site, you are responsible for maintaining the confidentiality of your User ID, password, email address and for restricting access to your computer, computer system, computer network and your account on the Website/App, and you are responsible for all activities that occur under your User ID and password. If you access the Site using any electronic device other than by registration on the Site, the Agreement remains applicable to you in the same manner as if you are a registered user on the Site.

PAYMENT TERMS/ CANCELLATION/ REFUND

Foreign donations are restricted. Only donors who hold an Indian Bank Account are eligible to donate.

All the payment related obligations and facilities on the Site are undertaken on a third party payment gateway. The Company is not the relevant party responsible or operating the payment transactions. The Company is the final recipient of any funds received from the Donors but only a service provider who enables promotion of the cause for which the donations are received via third party gateway and passed to the Campaigners who are the final recipient of the funds.

The donations received shall be collected in the Company's Bank Account until the period chosen by the Campaigner is over ("Collection Period"). Once the Collection Period is over the donations so collected will be transferred to the Campaigner within 15 working days after deducting the necessary transaction fee to the Funder.

While making payment using the online third party payment gateway platform/system, you agree and acknowledge that the Company is not responsible or shall not assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to reasons not limited to :-

  • Misuse or illegal duplication of the authorization for any transaction/s; and
  • Impersonation by any third party/individual in relation to use of debit/credit card; and
  • Any issues/ error which may arise at the end of your Bank; and
  • Any payment issues arising due to decline of transaction for any other reason/s whatsoever.

All instruments processed by the payment gateway or appropriate payment system infrastructure will also be governed by the terms and conditions agreed with the respective Issuing Bank/institutions in addition to the present terms and conditions.

The Campaigner acknowledges that the Website is only a promotion platform where they can explain in detail the Cause. The Company does not generate contributions and funders for a campaign. The reach of the campaign is the sole responsibility of the Campaigner. The Company also does not guarantee that the target funds of a campaign will be raised fully.

User acknowledges that the Website/App shall not be held liable for any damages, interests or claims etc. resulting from not processing the payment transaction or any delay in processing the payment transaction which is beyond the control of the Company.

Supported modes for online payment:

  • Credit Cards issued in India – Master Card, Visa, American Express
  • Debit Card issued in India – Master Card, Maestro, Visa
  • Net Banking / Online Transfer.

We accept payments by cash or cheque also, provided the amount donated is more than Rs. 1000/- (One Thousand Rupees Only) and the donor is located within 20 kms radius of Kolkata.

Taxes applicable on the donations received are the prerogative of the Campaigner. Company does not provide any guidance regarding the same.

BEEYODO PLATFORM FEES

  • Campaign for a Social Cause – 6% of the total funds raised excluding service tax and payment gateway fees;
  • Campaign for a Creative Cause – 8% of the total funds raised excluding service tax and payment gateway fees.

No enhanced fees will be charged if not successfully funded.

PROHIBITED USES OF OUR SITE

Users warrant to only utilize the Services of the Sites in accordance with these Terms of Use and any relevant statutory provisions. Users are prohibited from violating the security of any Site by engaging in the following:

  • accessing data not intended for such user or logging into an account which the user is not authorized to access;
  • attempting to test the vulnerability of a system or to breach any security or authentication measures; or
  • attempting to overload, spam, or crash any Site by means of a “virusâ€� or other software “attackâ€� upon the Sites’ integrity. Any attempted Site violations may result in civil or criminal liability, and the Company will prosecute users who are involved in such violations.

Users may not use any Sites in order to transmit, or store material

  • in violation of any applicable law or regulation,
  • in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others,
  • that is defamatory, obscene, threatening, abusive or hateful, or
  • in a manner which jeopardizes India’s national security, contributes to social unrest, or sectarian violence.

All users agree not to engage in any activity which seeks to take advantage of or exploit other users of the Sites, or of the Sites themselves. This prohibited behaviour includes, but is not limited to, the following:

  • offering business or sales opportunities;
  • posting any inaccurate or misleading content on the Sites;
  • sending any unsolicited offer to Site users;
  • deleting any content or posting of other users;
  • engaging in any behaviour which has the effect of degrading the performance of the Sites;
  • reverse engineering any portion of the Sites;
  • using or inserting a personal or corporate URL, web link, or email address, into any portion of the Sites (except where specifically requested by the Sites) and
  • duplicating, posting, or linking any Site content to other sites not belonging to the Company. Users may not use the Site(s) to transfer any money in violation of any applicable law or regulation.

LINKS TO THIRD PARTY SITES

The links in this site will allow you to leave the Website. The linked sites are not under the control of the Website. The Website has not reviewed, nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by the Website of the site. Third party links to the Website shall be governed by a separate agreement.

CONTENTS POSTED ON SITE

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and the Website has no control over such third party user generated content as the Website is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without express prior written consent from the Website.

You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

You understand that the Website is in no way responsible for:

  • your communications and interactions with other users, including Funders, on the Website the outcome of your interactions with other Users on the Website;
  • your decision to accept the donation from a Funder or / that of the Funder to donate for the Cause;
  • cancellation of the cause or Project or unresponsiveness of the Campaigner;
  • any violation of any applicable laws and regulations at the federal, state, local and international level as a result of your actions, including without limitation any content submitted by you on the Website.

COMMUNICATION POLICY

By accepting the terms and conditions the User accepts that the Website may send the alerts to the mobile phone number/e-mail address provided by the User while registering for the service or to any such number/e-mail replaced and informed by the User. The User acknowledges that the alerts will be received only if the mobile phone is in 'On' mode to receive the SMS. If the mobile phone is in 'Off' mode then the User may not get/get after delay any alerts sent during such period. The User acknowledges that the SMS service/e-mail service provided by the Website is an additional facility provided for the User's convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the User observes any error in the information provided in the alert, the Website shall be immediately informed about the same by the User and the Website will make best possible efforts to rectify the error as early as possible. The User shall not hold the Website liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the User on account of the SMS/e-mail facility. The User acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. the Website shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever. By accepting the terms and conditions the User acknowledges and agrees that the Website may call the mobile phone number provided by the User while registering for the service or to any such number replaced and informed by the User, for the purpose of collecting feedback from the User regarding their usage of services.

INDEMNIFICATION

YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE WEBSITE/APP (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFLIATES, GROUP COMPANIES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FROM ANY AND ALL CLAIMS AND LOSSES IMPOSED ON, INCURRED BY OR ASSERTED AS A RESULT OF OR RELATED TO:

  • your access and use of the Website;
  • any non-compliance by user with the terms and conditions hereof; or
  • any third party actions related to users receipt and use of the information, whether authorized or unauthorized.

TERMINATION

This Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or cancelled for any of the following reasons:

  • For any unauthorized access or use by you;
  • If you assign or transfer (or attempt the same) any rights granted to you under this Agreement;
  • If you violate any of the other terms and conditions of this Agreement.

Termination or cancellation of this Agreement shall not affect any right or relief to which the Website may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to the Website. Except as set forth herein, regardless of the reason for cancellation or termination of this Agreement, the fee charged if any for access to the Website is non-refundable for any reason.

JURISDICTION

The terms of this Agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in [.], India in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

MISCELLANEOUS PROVISIONS

  • Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between you and us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
  • Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
  • Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.

If you have any questions please send us an email to dialogue@beeyodo.com