Terms of use

Introduction

Welcome to www.soquity.com (“Website”) including sub-domains, and/or mobile application Soquity (“Application”) (the Website and Application are hereinafter collectively referred to as “Platform”). The Platform is owned and managed by Terrapact Enterprise Private Limited (“Company”). The platform facilitates interaction between charitable organizations and a community of individuals through means of fundraising, volunteering and other exclusive events. The company also offers (“Services”) to help charitable organizations scale up focusing on their core mission statement. It is clarified that the Company is not the creator of any content posted by third party users on its platform/application.

These terms of use (“Terms of Use”) is an electronic contract between the Company (hereinafter referred to as “we”, “our” and “us”) and the user (hereinafter referred to as “you”, “your” and “user”) formed under the Information Technology Act, 2000 read with relevant rules made thereunder and any other applicable statues, as amended from time to time. These Terms of Use along with the privacy policy (“Privacy Policy”) as provided at the Website shall govern your visit, use and access of the Platform. Further, your continued use of the Services shall be constituted as your acceptance to these Terms of Use as revised from time to time. If you do not agree with these Terms of Use, please do not use or access the Platform and/or avail the Services.

We reserve the right to update or modify these Terms of Use at any time without any prior notice to you. Your access and use of the Platform and/or Services following any such change constitutes your agreement to follow and be bound by these Terms of Use, as updated or modified. For this reason, we encourage you to review these Terms of Use each time you access Platform and avail the Services.

Availing of Services

The Company will provide Services to its users in accordance with these Terms of Use and Privacy Policy. The Company may, at its sole discretion update, discontinue, modify or offer new Services at the Platform without any prior notice to the users. Further, the user shall at all times avail the Services only for lawful purposes.

The Company, subject to these Terms of Use and Privacy Policy grants a non-exclusive, non-transferable, non-assignable license to access and use the Platform, only for your own purpose.

Security and Accounts

We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Soquity community.

  • You must be at least 13 years old or the minimum legal age in your country to use Soquity.
  • You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
  • We must not have previously disabled your account for violation of law or any of our policies.
  • You must not be a convicted sex offender.

You shall, after the successful creation of your account, be provided with login credentials which will include a ‘login id’ and ‘password’ (“Login Credentials”). You shall at all times be responsible for maintaining confidentiality of the Login Credentials and any activity or actions that are performed on your account. Further, you shall immediately inform/ intimate/ notify us at anirudhpatri@soquity.com upon becoming aware of any security breach or unauthorized use of your account.

We shall not be responsible for any liability that may arise due to the misuse or illegal use of the account by you or any third party. We reserve the right to terminate, suspend or remove user accounts at our sole discretion.

Payment of Consideration

Donations made and transactions performed through our Platform are governed by the terms set forth herein and elsewhere in these Terms of Use.

Here the use of the word “Platform” refers to the combination of our website and application.

Donors may make contributions towards any Campaign on the Platform provided such donation is in compliance with Indian law, and applicable laws in the jurisdiction of the Donor.

Upon registration, Donors obtain access to certain information about Campaigner and beneficiary of Campaigns, including means of direct communication. While Soquity endeavours to pre-screen and qualify Campaigns after an involved exercise, such screening or qualification is not error-free, exhaustive or warranted by us. Moreover, it is not a substitute for Donors’ independent investigations after Donor has obtained communication access to the Campaigner. The Platform affords Donors an opportunity to ask Campaigners questions concerning the Campaign and otherwise test the soundness of any Campaign. By making a donation through the Platform, each Donor hereby represents and warrants that such Donor has conducted the due diligence that such Donor deems appropriate under the circumstances and does not rely on Soquity or its affiliates for the accuracy, completeness or adequacy of the information supplied on the Platform. Moreover, Donors should note that neither Soquity nor any of its affiliates or employees represent or warrant that Campaigners or beneficiaries of Campaigns shall use donated funds in the manner and for the purpose represented by them. Soquity is not a party to any Campaign. Questions concerning use or utilization of funds are to be directed solely to the Campaigners and beneficiaries of Campaigns, not Soquity or its affiliates or employees.

Donations from outside India must comply with the provisions of India’s Foreign Contribution Regulation Act, 2010, as amended. Under that Act, contributions cannot be made for the benefit of candidates for election; correspondents, columnists, cartoonists, editors, owners, printers or publishers of registered newspapers; judges, government servants, or employees of any corporation or any other body controlled or owned by the government; members of any legislature; political parties or their office bearers; organisations of political nature, as the same may be specified by the Central Government; associations or companies engaged in the production or broadcast of audio news, audio visual news, or current affairs programmes through any electronic mode or any other mode of mass communication; or correspondents or columnists, cartoonists, editors, or owners of associations or companies referred to above. Each Donor acknowledges and agrees that such Donor shall not attempt, directly or indirectly, to make or cause to be made any donation to

All donations shall be received through the Platform from Donors using, in the case of donations received within India, in a nodal account maintained with a bank in India. By using the Platform, each Donor hereby signifies its understanding, acceptance and agreement that Soquity is not engaged in providing banking or financial services; instead, all remittances to Beneficiary of Campaigns shall be made solely through established banking and other clearance and settlement systems regulated under applicable laws. Further, neither Soquity is a trustee nor does it assume any fiduciary responsibility with respect to the transactions, campaigns or donations.

Donor hereby authorizes Soquity and their respective service providers to collect, process, facilitate and remit funds through governmentally established banking, clearance and settlement systems, including in the case of India, Razorpay.

There might occur circumstances where a banking or other financial institution might decline, withhold or delay processing of donations or remittances, require Soquity or Campaigner to provide additional information or institute additional safeguards and checks and balances, or take such other action as deemed appropriate in compliance with applicable law. Users, including Donors, hereby covenants to assist Soquity with any compliance obligations and fully cooperate with it in resolving any questions such banking or financial institutions or governmental authority might have.

Cancellations and Refunds

The terms hereof shall constitute Terrapact Enterprise Private Limited (“Soquity”) cancellation and refund policy in relation to the services rendered on the Website and mobile application (“Cancellation and Refund Policy”). Capitalized terms not defined herein shall have the meaning ascribed to them in the Terms of Use.

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, without any claims or liability to pay finance charges or interest on the amount. Some situations that may result in your order being canceled include but are not limited to inaccuracies or errors in Solutions or pricing information, technical or technological problems or problems identified in relation to credit / debit fraud. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled by the Company after your credit / debit card has been charged, the said amount will be refunded to that credit / debit card account.

Soquity reserves the right to refuse to process donations by any Donor, including any questionable transactions. This includes, without limitation, suspected collusion between the Donor and Campaigner to bring about false impressions, mislead other Users or breach/ violate any law or further any charges imposed by issuing banks, or generally breach of any governmental policies or laws. Where Soquity suspects or has reasonable cause to doubt the credibility of the Donor and/or Campaigner, Soquity may return donations.

Soquity may delay notifying payment/ transaction confirmations if Soquity suspects any transaction as suspicious. In addition, Soquity may hold-back funds raised and subsequently inform law enforcement officials (instead of refunding the same to Donor) if it deems in its sole discretion to be appropriate or expedient. Soquity reserves the right to reverse donations at its sole discretion, including in the event of violation of these Terms of Use. No interest or other charges shall be due or payable on such reverses. Donor acknowledges that Soquity will not be liable for any damages, interests.

If after a Donation has been transferred by Soquity to an NGO account, such Donation is thereafter rejected or reversed for any or no reason, including payments made in error, credit card chargebacks, refund requests, suspected or actual fraud, in whole or in part, you will be liable to refund such rejected Donation amount in full to Soquity (as applicable). You hereby authorise Soquity (as applicable) to deduct any such amount and any directly related out-of-pocket expenses and reasonable administrative costs incurred by it. If this is not possible, you are liable for reimbursing Soquity (as applicable), and such amount shall be treated as a debt.

Communication

While registering your account with us, you will share your contact number, address, email etc. accepting these Terms of Use, implies your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your account. The Company may use the provided contact information to send information about the Services, new courses/ contents, important updates, promotional material including newsletters, etc., via various electronic and telecommunication modes. The user may opt out of receiving the abovementioned communications by following the unsubscribe link or sending us an email at anirudhpatri@soquity.com.

Content

You are allowed to manage, post, store, share certain information including graphic, audio or video materials, etc., (“Contents”) on the Platform. You shall be solely responsible for the legality, reliability and correctness of the Content posted on the Platform. The user represents and warrant that the Content posted by him/ her do not violate any copyrights, contracts, privacy rights or rights of any other property or entity. The company shall hold the right to remove any content or suspend any user for 24 hours to indefinitely, which violates any Indian law including the Information Technology Act, 2000 and the rules thereunder.

The user shall not host, display, upload, modify, publish, transmit, update or share any Content that:

  • belongs to another person and to which the user does not have any right to;
  • is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

The Company has no responsibility for the Content posted by the user on the Platform and the Company shall not assume any liability which might arise relating to user’s Content and/or breach of these Terms of Use or any other applicable law. The Company shall have the right to monitor, edit, delete the Content provided by the users on the Platform and may decline to publish any Content that is not in compliance with these Terms of Use. Further, under no circumstances, the Company shall be liable for any unlawful act of the user or its affiliates, relatives, employees, agents including but not limited to misuse of any data, unfair trade practices, fraud, cybersquatting, hacking and other cybercrimes

You understand that the Company has the right at all times to disclose any information (including the identity of the user providing Content, information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request, or in response to any court order or summons. In addition, the Company can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

Intellectual Property

The original content on the Platform (apart from the Content provided by the user) including interface, graphics, photographs, trademarks, logos, sounds, computer codes, etc., (“Company Data”) shall be the sole property of the Company. The Platform is protected by copyright, trademark, and other applicable laws in the jurisdiction applicable to the operations of the Company.

Except as expressly provided in these Terms of Use, no part of the Platform and no Company Data 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 use, without the Company’s express prior written consent. Company Data on the Platform is solely for your personal, limited and non-exclusive use. Use of the Company Data on any other website or networked computer environment or use of the Company Data for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.

Indemnification

The user agrees to protect, defend and indemnify us and hold us and our representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to his access and use of the Platform and Services in violation of these Terms of Use and/or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

The terms of this clause will survive any termination or cancellation of these Terms of Use or your use of the Platform or Services.

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THE PLATFORM’S FUNCTIONS AND FEATURES OR FOR INTERRUPTIONS, DELAY, ETC., EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF DAMAGES RESULTING FROM THE COST OF GETTING SUBSTITUTE FACILITIES ON THE PLATFORM, ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA STATEMENTS OR CONDUCT OF ANYONE ON THE PLATFORM, OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE FUNCTIONS AND FEATURES, HETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE. THIS CLAUSE SHALL SURVIVE IN PERPETUITY.

Termination

We may terminate the use of the Services at any time at our sole discretion without giving any prior notice or intimation. If you wish to terminate your account, you may simply discontinue using Service.

Upon termination, the rights and license granted to you herein shall terminate and you must cease all use of the Platform and Services.

Governing Law

These Terms of Use shall be governed and construed in accordance with the laws of India, and any disputes relating to these Terms of Use will be subject to the exclusive jurisdiction of the courts of Hyderabad, Telangana, India.

Assignment

The Company may transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.

Waiver

Any failure on the part of the Company to require performance of any provision of these Terms of Use shall not affect its right to full performance thereof at any time thereafter, and any waiver by the Company of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.

Contact

If you have questions concerning your account, please contact supportcontact@soquity.com. If you have (i) questions concerning these Terms of Use or Privacy Policy and/or (ii) any grievance, concern, discrepancy, or complaints, including with respect to processing of your personal information, the treatment of your personal information, and/or our use of cookies and other technologies, please contact us:

via email to Grievance Officer as per the details given below:

Name: Anirudh Patri

Email: anirudhpatri@soquity.com

Mobile No.: +91 9566001235

Address: 49, 50, 51 Sai Enclave, Mallikarjun Nagar, Yapral, Hyderabad – 500087, Telangana, India

The Grievance officer shall acknowledge the receipt of any complaint within 48 (forty-eight) hours and redress the complaint within 1 (one) month from the date of receipt of the complaint.