Terms & Conditions

1. DEFINITIONS

Beneficiary(ies) shall mean and include all NGO, trusts, Masjids, persons, individuals who run Campaigns on MasjidCare to raise donations in kind;

Campaign(s) shall mean and refer to various campaigns that run on MasjidCare for raising adequate support in kind for the Beneficiaries. The Campaigns shall only be for a charitable purpose and shall not involve commercial activity or aims;

Donor(s) shall mean the users of MasjidCare who are desirous of donating towards provision of Material for the Beneficiaries for the Campaigns;

Platform or MasjidCare shall mean www.masjidcare.in including its applications on mobile and/or tablet, as owned, operated and managed by MasjidCare;

MasjidCare or Us or We or Our shall mean MasjidCare Services Private Ltd, a partnership, incorporated under the Indian laws;

Services shall mean services provided by MasjidCare to You by facilitating connection between Beneficiaries, Trusts and Donors so that Donors can donate in kind to the Beneficiary to meet the necessary objectives of charity;

2. SCOPE OF SERVICES

MasjidCare replaces the manual charity method of monetary donations for Masjids, thus building trust and transparency for Donors. MasjidCare acts as a platform to allow the Beneficiaries to put up and share their Campaigns to raise support for the Masjids. MasjidCare is facilitating a connection between Donors and the Trust, so that Donors can direct their donation towards Masjids to be ultimately provided to the Beneficiaries as per their requirements. The Donor shall make his/her donation through the payment channels on the Platform. The Donors shall, at their sole discretion, shall select the Masjids/Campaign of their choice towards which the monetary donations to be made.

You understand and hereby acknowledge and agree that MasjidCare conducts detailed and in-depth checks on the veracity and genuineness of the Campaigns put up by the Masjids. Thus, MasjidCare only allows genuine Masjids to conduct Campaigns and/or general Charity.

3. DONATIONS

Donors shall select the Campaign/Masjids in accordance to their choice and donate an amount, either in Indian Rupees or otherwise through the payment channels provided for on the Platform. MasjidCare shall collect the donations and provide the amount donated by the respective Donors, to the Masjid, based on the set forth terms between Masjids and MasjidCare.Please note that once You donate on the Platform, no refund shall be processed.

We use the services of third party payment service providers to process Your payment and share the payment information and other identifiers with such third parties in accordance with their terms and conditions. Accordingly, Your payments to Us through such third party services shall be in accordance with the terms and conditions adopted and implemented by such service provider, and We shall not be responsible for any failed or incomplete fulfillment of any payment instructions issued by You through such service provider or any actions taken by You in respect of the same. At the time of payment, Your bank or other third party payment intermediaries may charge You currency conversion fees, bank charges and other transaction fees which shall be payable by You.

4. REFUNDS

Once you have made a donation to any campaign/Masjids on MasjidCare, the amount you have chosen to donate is non-refundable. However, if the amount is debited more than once, you will receive a refund for the amount debited for the second time.

5. COMMERCIAL USE OR PUBLICATIONS

Commercial use or publication of all or part of documents, photos, film footage, audio records, logos and graphics is strictly prohibited without prior express authorization from the MasjidCare. Permission for use must be requested from the ICRC or, for agency or freelance photos (indicated in the photo credit) or third-party publications, from the agency, publication or individual concerned. Modifications to MasjidCare copyright material are not allowed. Be advised that a proof within context or pre-production sample is requested before final approval is given.

6. CONTENT SUPPLIED BY YOU

You represent, warrant, and agree that no Content/Details shared by You with MasjidCare (User Content), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material. All User Content shall be the sole responsibility of the author/creator of such content. We shall not be liable, in any manner whatsoever, for any content, including User Content and/or content in any form whatsoever, whether or not created by You, including any generation, transmission, use or storage of such content on MasjidCare. You grant Us a personal, limited, revocable, non-transferable and nonexclusive right to use the Content and Details including but not limited to trademarks, service marks, logos, etc. submitted by You for providing the Services, You also grant Us the right (i) to display the User Content and Details on Donatekart (ii) promote or distribute it for the access of Beneficiaries/Donors.

7. CAMPAIGN CANCELLATION

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

8. ACCESS TO MASJIDCARE

The Services offered by MasjidCare are not available to minors under the age of eighteen (18) for any reason whatsoever.

Registration: You agree to (a) only provide accurate and current information about yourself, (b) maintain the security of Your passwords and identification, (c) promptly update the email address listed in connection with Your account to keep it accurate so that we can contact You, and (d) be fully responsible for all uses of Your account. You must not set up an account on behalf of another individual or entity unless You are duly authorized to do so.

Using of the Services on MasjidCare does not deem to grant You any right on Donatekart and does not make You a permanent member, shareholder or affiliate of MasjidCare for any purposes whatsoever, nor shall You have any of the rights of statutory members of MasjidCare.

We may notify You or request You to accept additional or special terms and conditions in relation to Your access to certain features or services on Donatekart. You agree that You shall access or use such features and services only in accordance with such additional or special terms and conditions as if they were incorporated herein these Terms of Use.

As a guest, You can navigate and browse but cannot avail any Services without providing Us with basic details about Your name, e-mail ID and/or phone number.

You agree that any information provided by You shall always be accurate, correct and complete. If You use the Services, You shall be responsible for maintaining the confidentiality of Your Account and password and You agree to accept responsibility for all activities that occur under Your Account. MasjidCare reserves the right to change or amend these Terms of Use from time to time, without any prior notice to You. We also reserve the right to refuse registration of, or cancel, accounts which We deem inappropriate including for breach of these Terms of Use.

We may cancel, reject, remove or suspend any party, at our sole and absolute discretion, from access and/or use of MasjidCare in case of any breach of the Terms of Use. We shall not be liable to provide any explanation or reasoning subsequent to such action taken by Us.

9. INDEMNITY

You agree to indemnify and hold MasjidCare harmless from:(i) any actions, claims, demands, suits, damages, losses, penalties, interest and other charges and expenses (including legal fees and other dispute resolution costs) made by any third party due to or arising out of Your use of MasjidCare, any violation of the terms of these Terms of Use or any other agreement executed with MasjidCare or another user by You; (ii) any acts or deeds, including for any non-compliance or violation, of any applicable law, rules, regulations on Your part; (iii) for fraud committed by You; (iv) Your infringement of any intellectual property or other right of any person or entity; (v) or as a result of any threatening, libelous, obscene, harassing or offensive material posted / transmitted by You on MasjidCare.

10. FOREIGN JURISDICTIONS

MasjidCare makes no representation that the content contained on MasjidCare is appropriate or to be used or accessed outside of the Republic of India. You are expressly notified that many states and foreign countries all have their own regulations that must be observed in relation to Your use or access of MasjidCare. You must make Your own assessment regarding, and are responsible for compliance with, regulatory requirements as may be applicable to Your use and access of Donatekart in such jurisdictions.

11. INTELLECTUAL PROPERTY

Any and all material on this Platform, including images, illustrations, audio and video clips, trade names, proprietary information and knowledge, technology, databases, or rights with respect thereto necessary for Our business as is now being operated are protected by copyrights, trademarks, and other intellectual property rights that are owned by Us or by other parties that have licensed such material to Us, or such parties having ownership of content uploaded on the Platform. You agree that You shall not, whether directly or indirectly, copy, reproduce, republish, post, upload, transmit or distribute such material in any manner and through any media including by way of e-mail or other electronic means and You shall not assist any other person in doing so. All right, title, and interest in and to the MasjidCare (excluding content uploaded specifically by a user) is and will remain the exclusive property of MasjidCare and/or its licensors.

You agree that these Terms of Use do not entitle You to any support, upgrades, updates, add-ons, patches, enhancements, or fixes for the MasjidCare (Updates). We may, however, occasionally provide automatic Updates to the MasjidCare at Our sole discretion (and without any advanced notification to You). Any such Updates shall become part of the services and subject to these Terms of Use.

From time to time, we test various aspects of our MasjidCare, including Our website, user interfaces, service levels, plans, promotions, features, availability of content, delivery, and pricing, and We reserve the right to include You in or exclude You from these tests without notice.

If You are a copyright owner or an agent thereof and believe that any content on the MasjidCare infringes upon Your rights, You may contact rehan@masjidcare.in and provide details requested in regards to such infringement.

12. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of India and subject to the provisions of arbitration set out herein, the courts at Chennai, India shall have the sole and exclusive jurisdiction in relation to any Disputes (defined below) arising out of or in connection with these Terms of Use or the use of MasjidCare. There may exist a conflict of laws due to the varied geographical locations of the parties, the parties acknowledge to refer any Disputes only to the courts at Chennai, India and agree to follow the manner of resolution as provided in this paragraph.

Any action, dispute or difference arising under or relating to this Terms of Use (Dispute) shall at the first instance be resolved through good faith negotiations between the parties hereto, which negotiations shall begin promptly, within 15 (fifteen) days after a party has delivered to the other party a written request for such consultation. If the parties are unable to resolve the Dispute in question within 15 (fifteen) days of the commencement of negotiations, such Dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time and rules prescribed thereunder. When any Dispute is under arbitration, except for the matters under dispute, MasjidCare and You shall continue to exercise the remaining respective rights and fulfill the remaining respective obligations under this Terms of Use.

The arbitration shall be conducted by a sole arbitrator jointly appointed by MasjidCare and You. If parties fail to appoint an arbitrator within 30 (thirty) days after service of the notice of arbitration, such arbitrator shall be appointed in accordance with provisions of the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be [Chennai], India.

The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.

13. NOTICES

Unless otherwise provided herein, all notices and other communications shall be deemed to be served to any Donor, any Masjids and/or any Beneficiaries through notifications on the Portal or at the registered email ID provided by such user as soon as We send such notice. It is the sole responsibility of such users to update their respective information including but not limited to the e-mail addresses, phone numbers and postal addresses (if any). We shall not be responsible for non-receipt of any such communication sent by Us.

14. FORCE MAJEURE

We shall not be liable or responsible for the non-performance or delay in carrying out any Service (s) due to any act, event or circumstance beyond Our reasonable control which may affect the performance and/or execution of Our Services under the Terms of Use including, but not limited to fire, flood, explosion, war, riots, acts of Government Authorities or any events or circumstance analogous to the foregoing.

15. GENERAL

These Terms of Use comprise the full and complete agreement between You and MasjidCare with respect to the use of MasjidCare and supersedes and cancels all prior communications, understandings and agreements between You and MasjidCare, whether written or oral, expressed or implied with respect thereto. Nothing herein creates any power or authority or any party nor does anything herein contain any provision to assume or create any obligation or responsibility on any party on behalf of each other. The Terms of Use will not be construed to create or imply any partnership, agency or joint venture relationship.

MasjidCare shall be entitled to assign their rights and obligations hereunder to any affiliate, third party or as part of any restructuring, business combination, merger or acquisition without any prior notice provided to any other party.

Any notice to be given in connection with these Terms of Use shall be delivered via email to MasjidCare at support@masjidcare.in or to You at the email address provided by You in Your profile. You consent to the use of electronic communications in order to the electronic delivery of notices in relation to any matter under these Terms of Use