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.
The Donations towards the Campaign shall be made in the name of the
You are eligible to make a Donation towards the Campaign, subject to these Terms and Conditions if( i)You have attained the age of majority i.e. eighteen (18) years, and (ii) You are a company/proprietorship or any other entity duly registered/incorporated under the laws of India or if you are residing in India or if you are a foreign citizen /national residing in India or a foreign national residing outside India.
For the purpose of this Terms and Conditions , “Indian Nationality Donors” shall mean and include Indian citizens residing in India and other entities and bodies incorporated/registered/set-up in India and “Foreign Nationality Donors” shall mean and include Foreign citizens residing outside India , foreign corporations and other registered bodies, Indian subsidiaries of foreign entities and non-resident Indians residing outside India at the time of Donation towards the Campaign (“NRIs”).For avoidance of doubt Indian Nationality Donors and Foreign Nationality Donors shall hereinafter be collectively be referred to as “Donors “
Payments towards Donation
For the purpose of collecting Donations in INR ,the MGVSS(s) shall each have separate bank accounts with Axis Bank (“Bank”) in each of their respective names for the limited purposes of collecting all the donations towards the Campaign(“MGVSS Campaign Account”).For avoidance of doubt it is clarified that the MGVSS Campaign Account opened by the respective MGVSS’s with the Bank shall be specifically for the purposes of collecting and mobilizing donations in INR towards the Campaign and no further purpose vide the payment mechanisms set out below. All Foreign Nationality Donors shall directly make Donations towards the Campaign directly into the particular MGVSS’s FCRA account in the mode and manner as set out herein below.
The payments towards the Campaign can be made both by Indian nationals and Foreign Entities (defined below) through the following modes (“Payment Mechanism”) in the mode and manner as set out herein below :
INDIAN NATIONALITY DONORS
PAYMENT VIA CHEQUE.
During the Period , Indian Nationality Donors, can also make Donations via cheques in favour of the MGVSS Campaign Account (of their choice) with the details and manner as shown in the promos on the Channel/the MGVSS Website/MGVSS Website/the Program/Social Media, .The Indian Nationality Donors (s) are required to quote the relevant keywords, details including personal information, as applicable and sought and the MGVSS Campaign Account number of the respective MGVSSs towards which they want to make the Donation. The Indian Nationality Donor(s) are also required to provide their name, mobile number, PAN Card number on the backside of the cheques and drop the cheque at the nearest branch of the Bank . For additional information the Indian Nationality Donors can contact the nearest branch of Axis Bank. You can drop the cheques at any Axis Bank branches.
Indian Nationality Donors can make payment through online transfer during the Period by logging on to “www.Mgvss-ramtek.org (“MGVSS Website”), and following the instructions therein to make the Donations upon which the Donor shall be redirected to website of the Bank i.e.“CC Avenue”(“Payment Gateway”) to complete the Donation transaction. The Donations received through this payment mechanism shall be directly deposited into the MGVSS Campaign Account.
You understand and agree that in addition to these Terms and Conditions, the Donor shall also be bound by the terms and conditions of the Bank Website and/or any additional payment gateway service provider while making Donations towards a MGVSS(s) on the Bank Website and/or once he/she has been redirected away from theWebsite. Indian Nationality Donor also understands and agrees that the personal or sensitive personal information provided by the Indian Nationality Donor on such third party websites shall be subject to the terms of such third party websites and MGVSS shall not be liable for the same.
In case of any network failure and /or technical failure in accessing the MGVSS Website and /or Bank Website and/or the MGVSS Website and /or unclear network, breakdown of machinery, disruption of network and/or for any reasons whatsoever, MGVSS reserves the right to at its sole discretion to cease accepting Donations from the Indian Nationality Donor (s), in any manner as it may deem fit and necessary. In addition to the aforesaid, MGVSS shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure/disruption while making Donations on the Bank Website and/or in the internet /network services /system failure / due to technical /technological restrictions and /or due to reasons /events/incidents beyond commercially reasonable control of MGVSS and the Indian Nationality Donor(s) shall hold harmless MGVSS, the Channel(s) and its employees, officers or any other person in relation to the Campaign with respect to the same. Any dispute in connection to the above shall be settled between the Donor (s) and the Bank/MGVSS Website directly, without involving MGVSS and/or the Channels in any manner whatsoever.
MGVSS shall not be responsible in the event Donations are not processed and /or received due to any technical error of any nature whatsoever. For purposes of these Terms and Conditions, “receipt/processing” of a Donation occurs when the Bank Website server records the Donation information upon the Donor clicking “Donate/Submit/Process” button. Any automated receipt confirmation and/or deduction of the said amount from the Indian Nationality Donor’s bank account does not constitute proof of actual processing/receipt by the MGVSS. For the avoidance of doubt, by submitting the Donation, the Indian Nationality Donor(s) is representing that the Donation or FOREIGN NATIONALITY DONORS
In case of any network failure and /or technical failure in accessing the MGVSS Website and/or MGVSS Website and /or unclear network, breakdown of machinery, disruption of network and/or for any reasons whatsoever, MGVSS reserves the right to at its sole discretion to cease accepting donations from the Foreign Nationality Donors, in any manner it may deem fit and necessary. In addition MGVSS shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure/disruption while making Donations on the bank and /or MGVSS Website/ MGVSS Website and/or in the internet /network services /system failure / due to technical /technological restrictions and /or due to reasons /events/incidents beyond commercially reasonable control of MGVSS and the Foreign Nationality Donors shall hold harmless MGVSS, the Channel and its employees, officers or any other person in relation to the Campaign with respect to the same. Any dispute in connection to the above shall be settled between the Foreign Nationality Donors (s) and the bank and /or MGVSS Website directly, without involving MGVSS and/or the Channels.
MGVSS shall not be responsible in the event donations are not received due to any technical error of any nature whatsoever. For purposes of these Terms and Conditions, “receipt/processing” of a donation occurs when the MGVSS Website server records the donation information upon the Foreign Nationality Donors clicking “Submit/Process” button. Any automated receipt confirmation and/or deduction of the said amount from the account of the Foreign Nationality Donors does not constitute proof of actual receipt of the Donation by the MGVSS. For the avoidance of doubt, by submitting the Donation, the Foreign Nationality Donors is representing that the act of Donation or contents thereof are not confidential or comprise any sensitive personal information and/or is not illegal.
For the sake of clarity, Donations by Foreign Nationality Donors can be made only via MGVSS Website and not through any other payment mechanism.
Further ,Reliance Foundation in the capacity of a philanthropic partner of the Program has agreed and undertaken to donate a sum of Rs. 1,00,00,000/- (Rupees One Crore only) towards the various social issues being featured in all the Episodes of the Program . This donation received from Reliance Foundation shall be divided between the respective MGVSS’s being featured in each and every Episode of the Program in equal proportion. This donation shall be paid to the respective MGVSS’s directly by Reliance Foundation without recourse to MGVSS and MGVSS shall not in any manner whatsoever (monetary or otherwise ) be obligated or held responsible to appropriate or collect or remit the same to any of the MGVSS(s)
You acknowledge and understand that MGVSS is undertaking the Campaign out of good will and a sense of corporate social responsibility. You additionally acknowledge that MGVSS is not connected in administration/proprietorship and/or otherwise controls any of the MGVSSs in any which way. Further, MGVSS is merely providing a platform, to connect its viewers including Donors with the MGVSSs and to facilitate voluntary donations to these MGVSSs which are working towards various social issues, being depicted on the Episodes of the Program. Save and except for accounting of your contribution towards the respective MGVSS (s) after the deduction of the mobile operator’s share and applicable government taxes and other service charges, MGVSS is in no way handling the funds/donations from this Campaign at any point and is merely undertaking the role of introducing the Donors to such MGVSSs. For the sake of clarity, the Donations from the Donor(s) are being transferred and/or deposited directly into a particular MGVSS(s)’s Campaign Account and/or the MGVSS’s FCRA account, as the case maybe.
All Donations received through Cheque and On –line payment from the Indian Nationality Donors in INR in relation to the Campaign for a MGVSS shall be directed and deposited directly into the MGVSS(s)’ Campaign Account and all Donations received from Foreign Entities in foreign currency shall be deposited and collected in the MGVSS’s (of their choice )FCRA account
You agree and acknowledge that ,save and except for the accounting of your contribution towards the Campaign via the mode of SMS , Your Donation is eligible for tax deduction benefits under Section 80 G of the Indian Income Tax Act, 1961 if the Donor (s) is above the age of eighteen (18) years and a resident of India (as per the Income Tax Act, 1961), and provided that the particular MGVSS has a valid and subsisting registration under Section 80G of the Indian Income Tax Act, 1961. You hereby agree and confirm that Your Donation to any particular MGVSS will be eligible for tax deduction benefits if the MGVSS has a valid and subsisting registration under Section 80G of the Indian Income Tax Act, 1961. Please contact, Your financial advisor to learn the exact scope of the benefits regarding Your Donation.
Proof of age, if requested, of the Donor(s), must be submitted to MGVSS (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate). The Donor(s) additionally represents and warrants that the Donor(s) is duly authorized to make Donations to MGVSSs as understood under these Terms and Conditions under applicable laws.
MGVSS reserves all rights to make amendments to the existing Terms and Conditions including the manner or conduits of making Donations towards the Campaign or withdraw the Campaign without giving prior notice. It shall be the sole responsibility of the viewer(s)/Donor(s) to check the Terms and Conditions of the Campaign on the MGVSS Website from time to time.
MGVSS reserves the right to change the Payment Mechanism or take such necessary steps as it may deem fit in its sole and absolute discretion. It is clarified that Donations towards the Campaign are immediate and irrevocable which means MGVSS cannot cancel Your Donation. Once a Donation has been made for a particular MGVSS, no refund can be made of the Donation; nor can the end purpose be changed. Additionally, the Donors represents and undertakes that in case of a misappropriation whilst making a Donation, the Donor shall address and seek redressal towards this issue strictly from the MGVSS and/or the Bank, as applicable, without any recourse towards MGVSS.
The decision of MGVSS regarding the Campaign and/or Donation made within the timelines and in the manner as set out herein shall be final and binding on the Donor(s) and in no event shall the Donor dispute the decision made by MGVSS and/or its employees in connection to the Campaign and/or Donation made within the Period.
Donor agrees and understands that MGVSS does not provide any assurance on use of funds deposited towards the MGVSSs/raised by the MGVSSs through this Campaign, nor provide feedback reports to the Donor for the same. The Donor additionally undertakes that the Donor solely will be responsible to follow up with the relevant MGVSS directly to know how his/her funds were/are being utilised.
MGVSS invites and recommends that the Donor carefully and independently consider, check and verify the credentials of the MGVSSs before making any Donations. All information on the promos telecast in the Program, on the Channel and/or this MGVSS Website regarding the MGVSSs is provided solely by such MGVSS(s) and is true and accurate to the best of MGVSS’s knowledge.
MGVSS is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, mental trauma, etc caused to the Donor in any manner whatsoever or for any reason whatsoever in connection to the Donation, Payment Mechanism and/or the Campaign. The Donor(s) shall hold harmless the Channels, MGVSS , AKPPL, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Donor(s), in any manner whatsoever in connection with the Campaign and/or the Donation and waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs, to the extent permissible under law.
Each Donor in consideration of being given opportunity to make a donation towards the Campaign , agrees that the Donor shall hold harmless and indemnify the main sponsor, if any, MGVSS, the Channel, AKPPL, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Donor, in any manner whatsoever in connection with the Campaign, Donation and/or any personal information submitted by the Donor whilst making a Donation and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
MGVSS shall not be responsible to pay for any taxes, duties, charges, license fees, insurance, levies etc. applicable under the laws of India, in relation to the Donations and the same, if applicable, shall be solely borne by the Donor.
If required, the Donor agrees that he/she shall make himself/herself available from time to time and co-operate with MGVSS and/or AKPPL to participate in any activity and/or campaign, (“Promotional Activity”) of any nature whatsoever which includes but is not limited to videos, pictures, interviews with the media etc, without any compensation payable to the Donor(s). Further, the Donor(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Donor(s) agrees, allows, grants and permits MGVSS to record and/or make footage of such Promotional Activity as specified herein on film, tape, or digital or other electronic media. In consideration of being afforded an opportunity to participate in the Campaign and make Donations, the Donor(s) agrees that the footage of any nature with regard to the Donor(s) shall vest with the MGVSS and/or such other entity MGVSS deems fit, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and MGVSS may exploit the same in any manner and in any media whatsoever at any time throughout the world, without any consideration being payable to and/or being demanded by the Donor.
Third Party Sites
While making Donation(s) towards the Campaign, the Donor may be provided with opportunities, links or other opportunities to use certain sites, services, products, applications or content offered by or through MGVSS's third-party providers, including but not limited to MGVSSs, Bank and ecommerce providers (collectively "Third-Party Services"). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. MGVSS and/or AKPPL does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. MGVSS and/or AKPL does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services. Donor agrees that the Donor is wholly responsible for making his/her own independent judgment regarding Donor’s user or interaction with Third-Party Services.
The Donor(s) shall not do any act either directly or indirectly during such Promotional Activity which may bring MGVSS and/or AKPPL into public disrepute or denigrate any of the preceding, or offend any community or public morals, or affect the business of MGVSS and/or AKPPL and in all public appearances the Donor(s) shall use her/his judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the services and/or promotion of the Campaign.
MGVSS reserves the right to forfeit any Donation made by a Donor in the event it is found by MGVSS that any information provided by the Donor(s) is inaccurate, wrong, fraudulent or any misrepresentation is made by the Donor(s) and/or the Donor is in breach of any of the provisions of this Terms and Conditions.
The Donor(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by MGVSS in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to MGVSS herein.
The Donor participating in the Campaign hereby acknowledges and agrees that the relationship between MGVSS , AKPPL and its affiliated companies and the Donor is not a confidential, fiduciary or other special relationship.
Donor acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.
Notwithstanding the conflict of laws principle, these Terms and Conditions shall be construed and governed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Campaign shall be referred to a sole arbitrator appointed by MGVSS and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the proceedings shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Donor (s) who has raised the dispute. The arbitrator’s award shall be substantiated in writing and shall be binding on the Donor(s).
Subject to the provision of Clause 21 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.
Mahatma gandhi Vichar Sanwardhan Sanstha
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