CrowdKash Terms and Conditions (Agreement) determine your use of CrowdKash internet services at https://www.crowdkash.com (the Site), owned and operated by BrainWaves Infosystems & Technologies Private Limited.
Policies change from time to time, and you agree that they form part of this Agreement. Each time you use CrowdKash services you confirm your agreement to be bound by, and acknowledge any changes to, the Agreement (including the Policies). You also agree to familiarise yourself with and comply with the Policies relevant to your use of the Site and the services provided under this Agreement (as may be amended from time to time). You should access and read the information contained in other pages and websites referred to in this Agreement. By accepting this Agreement (including the Policies) you agree to be bound by it and to the User Agreements and posted terms and conditions on other websites operated by CrowdKash. From time to time CrowdKash may amend the terms and conditions of this Agreement. Amendments will be published on the CrowdKash Site. Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amendments will be effective immediately. Continued use of CrowdKash services following the publication of any changes to the Terms and Conditions constitutes acceptance of those changes. You must terminate your membership with CrowdKash if you do not agree with such changes to this Agreement (or any CrowdKash Policies). If you continue to be a member of the CrowdKash Site after any such changes to this Agreement or any CrowdKash Policies, you will be considered to have accepted the amended terms as part of the Agreement. The terms of this Agreement and any of the CrowdKash Policies cannot be amended, except as specifically described in or authorised by this Agreement, and only then in writing authorised by you and CrowdKash. In this Agreement a reference to “you” includes anyone acting on your behalf or with your express or implied authority. Any reference to this Agreement includes CrowdKash’s Policies, unless stated otherwise.
CrowdKash is a internet Venue and a Service Provider
CrowdKash is an online community crowdfunding platform and acts as a venue to allow members who comply with CrowdKash Policies to raise funds to fulfil their dreams of starting, running and growing their own business, to get projects started, or to raise funds for charitable projects. CrowdKash allows individuals, groups and organisations (“Campaign Creators”) to list campaigns and raise funds through experiences, donations, and/or services (“Rewards”) to new and existing CrowdKash members (“Campaign Supporters”). CrowdKash is not directly involved in the transaction between Campaign Creators and Campaign Supporters. CrowdKash has no control over the quality, safety, morality or legality of any aspect of Campaigns or Rewards listed, the truth or accuracy of the listings, the ability of Campaign Creator to complete the Campaign or Rewards, or the ability of a Campaign Supporter to actually pay promised monies. CrowdKash cannot ensure that a Campaign Supporter or a Campaign Creator will actually complete a transaction. Consequently, CrowdKash does not transfer legal ownership of Rewards from the Campaign Supporter to the Campaign Creator. CrowdKash cannot guarantee the true identity, age, and nationality of a member. CrowdKash recommend that you check the member’s bio and history on the Site for background information and do your own research before providing funds. CrowdKash is a venue and as such is not responsible or liable for any content, for example, data, text, information, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other members, or outside parties on CrowdKash. You agree that use of CrowdKash services is at your own risk.
Campaigns & Petitions
CrowdKash is not involved in the development of Campaigns or Petitions. It is the responsibility of the Campaign Creator or Petitioner to fulfill the promises of their Campaign or Petition. CrowdKash reviews Campaigns & Petitions to ensure they do not violate CrowdKash Terms and Conditions, however does not investigate a Campaign Creator or Petitioner’s ability to complete their Campaigns/Petitions. CrowdKash cannot be held liable for the actions of a Campaign Creator. Campaign Creators are wholly responsible for fulfilling obligations both implied and stated in any Campaign listing they create. CrowdKash does not oversee the performance or punctuality of Campaigns. CrowdKash reserves the right to remove a Campaign listing from public listings for any reason. All dealings on CrowdKash are solely between you and such individuals and/or organisations. CrowdKash is not responsible for any damage or loss incurred as a result of any dealings on the CrowdKash platform and is under no obligation to become involved in disputes between Campaign Supporters and Campaign Creators, or between site members and any third party. In the event of a dispute, you agree that you release CrowdKash employees, partners and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and CrowdKash service. CrowdKash cannot guarantee the performance or reliability of the Payment Gateway partners online payment services. CrowdKash cannot guarantee the full receipt of promised funds to a Campaign due to occasional failures when capturing funds from debit and credit cards.
Campaign Rewards and After Sales
By listing Campaign Rewards on the Site you warrant that you and all aspects of the Reward comply with the CrowdKash published policies. You also warrant that you may legally sell the Reward(s). You must accurately describe your Rewards and all terms of sale in your Campaign description and the Reward description. Your listings may only include text descriptions, graphics, pictures, videos, photographs and other content relevant to the sale of that Reward. Each Reward must accurately and completely describe the item(s) or experience/s on offer. If the “Available” quantity is more than one or unlimited, all items and/or experiences listed in that Rewards tier must be identical. Each unique Reward must have its own listing as a new Reward. All Campaign Creators are urged to outline terms of sale for their CrowdKash Campaign. These terms of sale may include, for example, shipping, returns, payment and selling terms. Campaign Creators must create reasonable terms in good faith and must abide by such terms. All campaign terms must comply with CrowdKash site-wide policies. Campaign Creators are responsible for enforcing their own reasonable campaign terms. CrowdKash reserves the right to request that a Campaign Creator modify their terms and conditions. All sales are binding. The seller is obligated to ship the Reward(s) or otherwise complete the transaction with the Campaign Supporter, unless there is an exceptional circumstance, such as: (a) the Campaign Supporter fails to meet the terms of the Campaign Creator’s listing (such as payment method), or (b) the Campaign Creator cannot authenticate the Campaign Supporter’s identity. The Campaign Supporter is obligated to deliver appropriate payment for Rewards purchased, unless there is an exceptional circumstance. CrowdKash reserves the right to restrict members sponsoring CrowdKash Campaigns or revise the limitations on contributing to CrowdKash Campaigns, at any time and for any reason. CrowdKash may also further restrict your ability to sponsor Campaigns depending on your country of residence.
Prohibited, Questionable and Infringing Incentives, Items and Activities
You agree that you are solely responsible for your conduct and activities on, and regarding, CrowdKash and any and all data, text, information, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on CrowdKash. Your Content and your use of CrowdKash shall not:
Be false, inaccurate or misleading
Be fraudulent or involve the sale of illegal, counterfeit or stolen items
Be obscene or contain child pornography
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
Host images not part of a listing
Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
Violate this Agreement, any site policies, any community guidelines, any Campaign guidelines, or any applicable laws, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising)
Contain items that have been identified by your local government as hazardous to consumers and therefore subject to a recall
Be defamatory, trade libellous, unlawfully threatening, unlawfully harassing, or impersonate or intimidate any person (including CrowdKash staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Modify, adapt or hack CrowdKash or modify another website so as to falsely imply that it is associated with CrowdKash;
Appear to create liability for CrowdKash or cause CrowdKash to lose (in whole or in part) the services of CrowdKash’s ISPs or other suppliers
Registration and Campaign Contribution Fees
Registering as a CrowdKash member and setting up a Campaign on CrowdKash is Free. CrowdKash charges Campaign Creators a service fee on total funds received (See Plans & Pricing). Campaign supporters are not charged any service fee. Starting or supporting Petitions is Free.
Payment Gateway Fees
Payment Gateways will deduct credit/debit card fees from funds paid to a Campaign Creator at their published rate. Fees may vary depending upon the location of your account and whether pledges are made using a domestic or international debit/credit card.
Cancelling or requesting for a refundYou can also drop us an email on [email protected] with all the necessary details. We would require the Campaign name, Transaction details, Receipt number, mode of payment, contact number and email address which was used while making the contribution. Please note a refund will only be processed if it is requested within 48 hrs of the transaction. Once the fundraiser/campaign has been paid out, no refund request will be accepted.
On occasion it is possible that a pledge made by a Campaign Supporter will be returned to the Campaign Supporter by Payment Gateway partners (for example if there has been fraud on their debit/credit card, transaction timing out etc). In these circumstances it may be that the amount shown on the CrowdKash website will show a higher amount raised on a campaign until CrowdKash are informed by Payment Gateway partners of the need to make an adjustment. Once we have been informed we will endeavor to make the adjustment within 2 working days.