These terms and conditions will be binding on each participant who voluntarily desires to make monetary donation towards the Dodo Heroes Fundraising marketed and promoted by Discovery Communications India (“Campaign”) featured on www.animalplanet.in (“Website”). The Campaign is being promoted by Discovery Communications India, a private company with unlimited liability (“DCI”), and organized, raised and conducted by Ketto.org and listed non-governmental organizations.
These Terms and Conditions are an electronic record in terms of Information Technology Act, 2000 and rules thereunder 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.
Once you click on the “Donate” link hosted by DCI on its Website, you will be redirected to the Platform where you can make Donations towards the cause of the NGOs. The Donations on the Platform shall commence from June 6, 2018 and remain valid until July 31, 2018.
You are eligible to make Donation(s) 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 these Terms and Conditions, “Indian Nationality Donors” means and include Indian citizens residing in India and other entities /bodies incorporated/registered/set-up under the laws of India, and “Foreign Nationality Donors” means individuals residing outside India, foreign corporations and other registered entities /bodies incorporated and registered outside India, and non-resident Indians residing outside India at the time of Donation. For avoidance of doubts, Indian Nationality Donors and Foreign Nationality Donors shall hereinafter be collectively be referred to as “You/Donors”.
Foreign Nationality Donor agrees and acknowledges that it will be their sole responsibility to ensure that the act of making the Donation is in compliance with the applicable laws including those of his/her country.
In case of any network failure and /or technical failure in accessing the Website and/or NGO Website and /or unclear network, breakdown of machinery, disruption of network and/or for any reasons whatsoever, DCI reserves the right to act in its sole discretion, and without any liability, to cease redirecting users /Donors to the Platform. In addition, DCI shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure/disruption while redirecting Donors to the Platform due to technical /technological restrictions and /or due to reasons /events/incidents beyond commercially reasonable control of DCI. You hereby acknowledge that no Donations or transactions will be made on the Website. DCI is only responsible for marketing and promotion of the Campaign and has no role to play in organizing, receiving or utilizing the Donations in any manner whatsoever.
DCI shall not be responsible in any manner in the event that: (a) the Donations are not received by the NGOs owing to any reason, or (b) the Donations are found to be not utilized towards the intended cause by the NGOs.
You hereby acknowledge that DCI is not connected in administration/proprietorship and/or otherwise controls or is associated in any manner with any of the NGOs or the Platform. Further, DCI is merely carrying out a marketing campaign to connect its viewers including Donors with the NGOs, and to facilitate voluntary donations to the NGOs.
You hereby acknowledge that you are using your independent discretion in making Donations towards the causes of the NGOs using the Platform. You irrevocably and fully absolve DCI from any and all liabilities and claims arising out of any transaction relating to the Donations on the Platform.
You agree and acknowledge that, 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 NGO 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 NGO will be eligible for tax deduction benefits if the NGO 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. It is further clarified that You shall be solely responsible, without any recourse to DCI for availing /procuring receipts or certificates for tax deduction benefits under Section 80 G of the Income Tax Act, 1961 from the respective NGO(s) directly.
DCI 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 Website from time to time.
You hereby agree and understand that DCI does not provide any assurance on use of Donations/funds donated towards the NGOs/raised by the NGOs on the Platform through this Campaign, nor provide feedback reports to You for the same. You additionally undertake that You will be solely responsible to follow up with the relevant NGO directly to know how your Donations/funds were/are being utilized.
DCI suggests and recommends that You carefully and independently consider, check and verify the credentials of the NGOs before making any Donations.
Notwithstanding anything contained herein, DCI is in no manner whatsoever responsible and shall not be held liable in any manner whatsoever, for any injury, mental trauma, losses, liabilities, claims, and damages caused to You in connection with a Donation, the payment mechanism offered on the Platform, utilization of the Donations by the NGOs, and/or the Campaign. You hereby agree to hold harmless DCI, its employees, officers, directors and representatives from and against any injury, damage, claims, harm, loss, death, mental or emotional trauma suffered by You, in any manner whatsoever in connection with the Campaign and/or the Donation, and waives all rights and remedies to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any court or forum in or outside India to claim any damages or reliefs, to the extent permissible under law.
DCI shall not be responsible for payment of any taxes, duties, charges, levies, license fees, insurance, applicable under the laws of India, in relation to the Donations and the same, if applicable, shall be solely borne by You.
While making Donation(s) towards the Campaign, You may be provided with links or other opportunities to use certain sites, services, products, applications or content offered by DCI, including but not limited to NGOs, Platform, Bank, payment gateways 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. DCI does not in any manner 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. DCI does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services. You hereby agree that You are wholly responsible for making his/her own independent judgment regarding Your use or interaction with Third-Party Services.
DCI shall not be liable in any manner in the event that the Platform or the NGO forfeits any Donation made by You.
You shall do any and all acts and execute any and all documents in such manner and at such location as may be required by DCI in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to DCI herein.
You hereby acknowledge that in case any provision 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 is governed and interpreted in accordance with the laws of India. In case of any dispute arising in reference to the Campaign and under these Terms and Conditions, the parties shall refer such disputes to a sole arbitrator appointed by DCI. The arbitration proceedings shall be governed by Indian Arbitration and Conciliation Act, 1996, amended from time to time. The seat and venue of arbitration will be New Delhi, and the proceedings will be conducted in English language. All the costs, charges and expenses in connection to the arbitration will be solely borne by You who has raised the dispute. The arbitrator’s award will be substantiated in writing and binding on You.
Subject to Clause 14 above, the courts of New Delhi shall have an exclusive jurisdiction to entertain all disputes arising out of this Campaign between You and DCI.
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