1. Acceptance of the Terms of Use

These terms of use (“Terms of Use”) are entered into by and between you (“you”) and MCto online venture India Pvt Ltd (“Company”), the owner of the website www.aidkart.org (the “Website”). It governs your access to and use of every content, functionality or services offered on or through the Website. These Terms of Use apply to you even if you are a guest and not a registered user of the Website. Please therefore read these Terms of Use carefully before using the Website. By using the Website or by clicking to accept or agree to the Terms of Use, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

The two principal categories of users of this Website are Campaigners and Donors. A Campaigner is one who launches a campaign for donations (“Campaign”). A Donor is anyone who makes a donation to the campaign. Additionally, the Website may be accessed by any person who is neither a Campaigner nor a Donor. These Terms of Use apply to all who access this website. Use of the Website, however, is not available to persons who cannot form legally binding contracts under the Indian Contract Act, 1872 (the “Contract Act”). Persons who are not competent to contract within the meaning of the Contract Act, i.e., minors, undischarged insolvents, etc. are not eligible to use the Website. Such persons may not register on the Website, transact on it, or otherwise use the Website.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes and the revised Terms of Use. We do not undertake to notify you of proposed or actual changes.

3. Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any user name, password, or other identifier at any time in our sole discretion for any or no reason, including if you have violated any provision of these Terms of Use.

4. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• You may store files that are automatically cached by your Web browser for display enhancement purposes;
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use; and
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

5. Trademarks

The Company’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

6. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use and any agreement that you have entered into with the Company. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation;
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity; or
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which may harm the Company or users of the Website.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website;
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose;
• Use any manual process to monitor or copy any of the material on the Website without our prior written consent;
• Use any device, software, or routine that interferes with the proper working of the Website;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or any server, computer, or database connected to the Website;
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

7. User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out below.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You represent and warrant that you own or control all rights in and to the User Contributions and that all your User Contributions comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

8. Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion;
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights;
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; or
• Terminate or suspend your access to all or part of the Website for any or no reason.

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS, DAMAGES, LIABILITIES AND COSTS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review any material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted.

9. Content Standards

User Contributions must in their entirety comply with all applicable central, federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, hurtful, inflammatory, or otherwise objectionable;
• Promote sexually explicit or pornographic material, violence, or discrimination;
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
• Violate the legal rights (including the rights of publicity and privacy) of others;
• Contain images or videos of persons without such person’s consent;
• Be likely to deceive any person, promote any illegal activity, or cause annoyance, inconvenience, or needless anxiety;
• Impersonate any person or misrepresent your identity or affiliation;
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

10. Copyright Infringement

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement at our address specified for contacting us. It is the policy of the Company to terminate the user accounts of infringers and remove infringing materials.

11. Reliance on Information Posted

THE INFORMATION PRESENTED ON THE WEBSITE IS REPRESENTED TO US AS BEING MATERIALLY TRUE, CORRECT AND COMPLETE. WHILE WE CONTINUALLY ENDEAVOR TO PROVIDE REASONABLY AND MATERIALLY CORRECT INFORMATION REGARDING CAMPAIGNS, CAMPAIGNERS AND BENEFICIARIES OF DONATIONS, WE DO NOT WARRANT THAT THE INFORMATION PRESENT IS TRUE, CORRECT OR COMPLETE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION INVOLVES CERTAIN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE.

THIS WEBSITE CONTAINS IN LARGE MEASURE CONTENT PROVIDED BY THIRD PARTIES. ALL STATEMENTS AND/OR OPINIONS EXPRESSED IN THESE MATERIALS ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING THOSE MATERIALS. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTY.

12. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

13. TERMS OF DONATIONS

Donations made and transactions performed through our Website are governed by the terms set forth herein and elsewhere in these Terms of Use. Donors may make contributions towards any Campaign on the Website 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. While Aidkart endeavours to pre-screen and qualify Campaigns, such screening is not error-free or warranted by us. By making a donation, each Donor hereby represents and warrants that such Donor has conducted the due diligence that such Donor deems appropriate.

Aidkart 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. Donor may be sent from time to time updates about the progress/status of any Campaign and hereby irrevocably consent to receive such communications (which can be disabled via their Aidkart profile).

Donations from outside India must comply with the provisions of India’s Foreign Contribution Regulation Act, 2010. All donations shall be received through the Website using regulated credit cards, debit cards, RTGS, NEFT, net banking, UPI and QR Codes.

By using the Website, each Donor signifies its understanding that Aidkart is not engaged in providing banking or financial services. Aidkart reserves the right to refuse to process donations by any Donor, including any questionable transactions, and may hold-back funds raised and inform law enforcement officials if deemed appropriate.

14. Appointment of MCto Online Ventures USA Inc. as Agent

Each Campaigner has, under separate agreement, appointed MCto Online Ventures USA Inc., a Delaware corporation (“Aidkart USA”) as its sole agent for receipt and disbursement of donations outside India pursuant to the provisions of such separate agreement.

15. Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. This Website may provide certain social media features that enable you to link from your own websites, send emails, or cause limited portions of content to be displayed. You must not establish a link from any website that is not owned by you, cause the Website to be displayed via framing or in-line linking, or link to any part of the Website other than the homepage.

16. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

17. Geographic Restrictions

The owner of the Website is based in India. While we endeavor to provide this Website for use by persons in India and outside it, we make no claims that the Website or any of its content is accessible or appropriate outside India. If you access the Website from outside India, you do so on your own initiative and are responsible for compliance with local laws.

18. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints for anti-virus protection.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL. YOUR USE OF THE INTERNET, THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

19. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF PROFIT, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

20. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized.

21. Governing Law and Jurisdiction

These Terms of Use are made and published in accordance with India’s Information Technology Act, 2000 and the rules made thereunder (“IT Act”). This document is an electronic record and does not require physical or digital signatures. All matters relating to the Website and these Terms of Use shall be governed by and construed in accordance with the laws of India without regard to any conflict of law principles. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website may be instituted exclusively in the courts located in Mumbai, India. At Company’s sole discretion, it may require you to submit any disputes to final and binding arbitration under the Indian Arbitration Act of 1996, as amended. The venue of the arbitration shall be Mumbai.

22. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE, OR THE TRANSACTIONS PERFORMED BY USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

23. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

24. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and MCto Online Ventures Private Limited regarding the use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such use. In the event of any conflict between the provisions herein and a separate agreement between you and Aidkart or Aidkart USA, the provision of that agreement shall control and prevail.

25. Your Comments and Concerns

This Website is operated by MCto online venture India Pvt Ltd, 1302 Peninsula Park, Fun Republic Lane, Andheri West, Mumbai 400053, India. All notices should be sent to: info@aidkart.org via email. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@aidkart.org.

Note that questions, comments, suggestions, ideas, feedback or other information shared on this Website or to use (collectively “Submissions”) are not confidential and Aidkart is entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.