For the purposes of these Terms and Conditions, wherever the context so requires the following terms will be understood as follows:
ChipNGift: GooRooG Technology Pvt. Ltd, a company duly incorporated under the Indian Companies Act, 2013, with its registered office at 12/B, Singapuri building, 1st floor, 609, JSS Road, Marine Lines, Mumbai-400002, Maharashtra, India as a group gifting enabler for the purpose of providing a platform for communication and transactions between Event Creators and Contributors.
Content: All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork that appear on the Website
Contributor: Any User who donates/contributes any amount to an event that he/she is invited to or a public event in accordance with the Terms and Conditions stated herein.
Event Creator: Any User who creates an event on the Website whereby the User interacts and sends invites to other Users for the purpose of collecting funds for any gift of their choice as a part of that event.
Group gifting enabler:
User/You: Any natural or legal person, including a Non-Profit Organization which is registered on ChipNGift and/or a person who is a supporter or intends to further the cause of such Non Profit Organization,who fulfills the eligibility criteria as set out in Clause III, including Event Creators and Contributors, who have agreed to become a member/user of the Website by providing Registration Data while registering on the Website or signing in through an Associated Partner (via the API), as a Registered User and visitors of the website, using the computer or mobile application systems. All Event Creators/ Contributors/ and visitors shall be collectively also referred to as “User”
Website: www.chipngift.com and all its services and tools, which is given a license for use by ChipNGift including the mobile app.
Your use of the Website is governed by the following terms and conditions. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with GooRooG Technology Private Limited and will be deemed to have agreed that these Terms and Conditions including the policies constitute your binding obligations with ChipNGift.
These Terms and Conditions is an electronic record in terms of Information Technology Act, 2000, therules made 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.
The domain name www.chipngift.com is licensed for use by GooRooG Technology Pvt. Ltd
ChipNGift allows all person(s) to surf / explore the Website without registering on the Website. However, ChipNGift does not allow an Event Creator or Contributor to create an event or to make financial contributions prior to registration /signing in.
When You use any of the services provided by us through the Website, including but not limited to Reviews, Comments, Feedback, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms and Conditions and shall be considered as part and parcel of these Terms and Conditions. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice. It is the responsibility of the user to review these Terms and Conditions periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revised Terms and Conditions.
Services of ChipNGift
ChipNGift is a group gifting enabler and the Website/Mobile app merely provides a platform which can be utilized by Users visiting the Website to reach a larger base of people. ChipNGift is only providing a platform for communication and it is agreed that the transactions whether gratuitous or otherwise shall always be bipartite between the Event Creator and the Contributor.
The Website is a platform that the Event Creator utilizes to invite and interact with other people, to receive an RSVP for the invite and to collect funds for the gift as per the Event Creator’s choice. All information provided about the event is that which is provided by the respective Event Creator.
The User acknowledges that ChipNGift is only a group gifting enabler and ChipNGift does not verify the bona fides and genuineness of events. ChipNGift cannot and does not verify specific data provided by the Event Creators. Therefore, ChipNGift shall not in any manner be responsible or be held accountable for any transaction between the Event Creators and Contributors..
ChipNGift has limited control over all the events and information listed and / or advertised on the Website and the event generated information and is merely an intermediary and does not interfere in the transaction between the Event Creator and Contributors.
Eligibility of the User
Use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member on ChipNGift and shall not transact directly or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian, parent or through an organization / NGO competent to Contract on the Website. ChipNGift reserves the right to terminate your membership and / or refuse to provide you access to the Website if it is discovered/ brought to ChipNGift's notice that you are under the age of 18 years.
Event Creator Obligations
Event Creator is bound and legally liable to provide accurate, true and correct information in respect to the details of the cause for which the event is created and for raising funds on the Website.
Event Creator shall ensure that the description of the event must not be misleading and must describe the need and use of the funds to be raised. ChipNGift reserves the right to delete your event if it is brought to the notice of ChipNGift that the information provided by you is false, does not depict the true nature of the event or is misleading in any manner, at the sole discretion of ChipNGift and without providing explanations.
Event Creator shall ensure that the information and the event do not infringe upon any intellectual property right, trade secret,other proprietary rights or rights of publicity or privacy rights of third parties. Event listings may only include text descriptions, graphics, pictures and videos that describe your event and the need and use of the funds raised.
You further agree that by listing your event on the Website, You shall at all times abide by the various laws applicable to You including but not limited to the Income Tax Act, 1961, the Foreign Contributions Regulation Act, 2010, the Information Technology Act, 2000, Prevention of Money Laundering Act, 2002, Prevention of Corruption Act, 1988 as well as all the rules and regulations made thereunder and as amended from time to time.
The Contributor hereby agrees to make the payments for any event as per the Terms and Conditions stated herein.
The Contributor further agrees and declares that the Contributor is aware that ChipNGift has no responsibility to verify the accuracy of any statement and/or information furnished by the Event Creator with respect to any event pursuant to which the Contributor wishes to or has gifted money via ChipNGift on the Website.
The Contributor shall conduct their independent due diligence with respect to any information listed by an Event Creator before making any contribution on the Website as ChipNGift shall not be responsible in any manner for any misrepresentation and/or false information that may be listed on the Website.
Wherein an event is listed by any person on behalf of an Event Creator, the Contributor shall approach only the particular Event Creator for which the Contributor has donated the money, to track the utilization of the funds or any other information that may be required by the Contributor. The Contributor hereby agrees and declares that the Contributor is aware that ChipNGift shall at no point of time be held answerable or accountable for any money once the funds donated have been handed over to the Event Creator in respect of which donations have been made.
User Account and Registration Obligations
By using the Website, You shall be responsible for maintaining the confidentiality of your Login Name and Password, and You shall be responsible for all activities that occur under your Login Name. You agree that if any information provided by You is inconsistent, inaccurate, not current or incomplete, or if ChipNGift has reasonable grounds to suspect that such information is inconsistent, inaccurate, not current or incomplete, or not in accordance with these Terms and conditions, we reserve the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse You the access to the Website, at the sole discretion of ChipNGift and without providing any explanations.
When You use the Website or send emails or other data, information or communication to ChipNGift, You agree and understand that You are communicating with ChipNGift through electronic records and You consent to receive communications via electronic records from ChipNGift periodically and as and when deemed fit by ChipNGift..ChipNGift may communicate with You by email or by such other mode of communication, electronic or otherwise.
Platform for Information, Communication and Transaction
ChipNGift is a group gifting enabler and the Website/Mobile app merely provides a platform which can be utilized by Users to reach a larger base of people. The Website is a platform that an Event Creator utilizes to invite and interact with other people, to receive an RSVP for theinvite and to collect funds for the gift as per the Event Creator’s choice. All information provided about the event is that which is provided by the respective Event Creator.
All commercial/contractual terms are offered by and agreed to between the Event Creator and Contributor alone. The commercial/contractual terms include without limitation the representations made by the Event Creator including, amounts to be raised, use of the funds raised, costs incurred, payment methods, payment terms, warranties related to the final use of the funds, the effectiveness of the utilization of the funds, the impact of the event and the contributions made by the Users. ChipNGift does not have any control or does not determine or advise or in any way involve itself in either determining any details of the event or the offers of Event Creator or acceptance of such commercial/contractual terms between the Contributor and the Event Creator.
ChipNGift does not make any representation or warranty as to specifics such as final utilization of funds, value, impact, rewards, etc. of the events on the Website. Notwithstanding any representations made, Users are free to independently verify the veracity of any statement made on the Website. ChipNGift does not implicitly or explicitly support or endorse any of the events on the Website. ChipNGift accepts no liability for any errors or omissions, whether on behalf of itself or any of the Event Creators or Contributor
ChipNGift does not make any representation or warranty as to the bona fides) of any of its Event Creators. You are advised to independently verify the bona fides of any particular Event Creator that you choose to contribute to, on the Website and use your best judgment in that behalf.
The User understands and agrees that the funds held by ChipNGift or contributions received would not gain any interest. The period during which the funds are collected and finally reach the Event Creator, would not be construed as delay on the part of ChipnGift and would not give rise to any interest liability.
ChipNGift does not charge any fee for browsing on the Website. ChipNGift's charges are limited to the facilitation fee (including platform / collection fees and transactional charges) which are added on to the gift value and charged to the Contributors for an event on ChipNGift on the Terms and Conditions agreed to between ChipNGift and the Users. ChipNGift reserves the right to change its Fee Policy from time to time. In particular, ChipNGift may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event ChipNGift reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.
General Rules for the Use of the Website
You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
You shall not display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which you do not have any right to use;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful or raciallyor ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
is misleading in any way;
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
Harasses or advocates harassment of another person;
Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
contains videos, photographs, or images of another person (minor or an adult).
tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
engages in commercial activities and/or sales without our prior express and written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Website;
solicits gambling or engages in any gambling activity which ChipNGift, in our sole discretion, believes is or could be construed as being illegal;
interferes with another User's use and enjoyment of the Website or any other individual's use and enjoyment of similar services;
refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms and conditions.
Harms minors in any way;
Infringes any patent, trademark, copyright or other proprietary right or third party's trade secrets or rights of publicity or privacy
(u) Is fraudulent or involves the sale of counterfeit or stolen items;
Violates any law;
Deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Impersonates 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; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
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 to any other nation.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, policy documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about ChipNGift or the brand name or domain name used by ChipNGift, or otherwise engage in any conduct or action that might tarnish the image or reputation, of ChipNGift on any platform or otherwise tarnish or dilute any of ChipNGift's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or ChipNGift systems or networks, or any systems or networks connected to ChipNGift.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You shall not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws (including the Foreign Contribution Regulation Act, 2010 and the rules made thereunder), Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Goods and Services Tax, Local Levies) regarding your use of our service. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. Further, no donation or contribution either for reward or otherwise shall be made for any reason or as consideration for any transaction other than that which is the subject of the campaign and in no event shall any donation or contribution be used for any purpose that is considered unlawful or against public policy as per the applicable laws in India.
From time to time, you shall be responsible for providing information relating to the contributions made by You and required to be disclosed under applicable laws. In this connection, You undertake that all such information shall be accurate in all respects and that only You shall be solely responsible for any incorrect or knowingly false information provided by you.
Your correspondence or business dealings or participation in promotionswith, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
It is possible that other Users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
ChipNGift shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
ChipNGift grants Event Creators a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Funds raised through ChipNGift", "Powered by ChipNGift" and/or "via ChipNGift" name and/or logo on campaigners' invoice / certificate of donation for transactions concluded on the Website. Further, ChipNGift grants Event Creators a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "ChipNGift.org" name and/or logo on stationery used by the campaigner for delivery of communications / receipts / certificates, etc. provided on the Website.
Linked Websites / APIs
ChipNGift does not take responsibility or liability for the actions, products, Content and services on the Website, which are linked to Affiliates and / or third party websites using the Website's APIs or otherwise. In addition, Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, ChipNGift assumes no responsibility for examining or evaluating the products and services or generally the information offered by them. ChipNGift does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). ChipNGift does not endorse, in any way, any third party website(s) or content thereof.
Disclaimer of Warranties and Liability
This Website, all the materials and information (including but not limited to campaigns) and services, included or otherwise made available to you through this site are provided on a "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, ChipNGift does not warrant that:
This Website will be constantly available, or available at all; or
The information on this Website is complete, true, accurate or non-misleading save and except as provided herein, the information being which is provided by the campaigners themselves and none that which is provided or verified by ChipNGift.
ChipNGift will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Nothing on the Website constitutes, or is meant to constitute, advice of any kind.
You will be required to enter a valid phone number and e-mail address while making a contribution on the Website. By registering your phone number and e-mail address with us, you consent to be contacted by us. We will not use your personal information to initiate any promotional phone calls or SMS unless the same is consented to by you.
Financial Transaction Facility - Contributors
While availing any of the payment contribution method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
Lack of authorization for any transaction/s, or
Exceeding the preset limit mutually agreed by You and between your "Bank/s", or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s
All payments made towards the contributions on the Website by you, shall be compulsorily in Indian Rupees acceptable in the Republic of India if you are an Indian National. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website if you are an Indian National. All payments made towards the contributions on the Website by you, shall be compulsorily through the Foreign Payment Gateway if you are not an Indian National. Website will not facilitate transaction through the Indian Payment Gateway with respect to the contributions made on the Website if you are not an Indian National.
You have categorically authorized ChipNGift or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically (or through any other authorized agent) to and from other Users in respect of transactions through Payment Facility. Your relationship with ChipNGift is on a principal to principal basis and by accepting these Terms and Conditions you agree that ChipNGift is an independent contractor for all purposes, and does not have control of or liability for the events that are listed on ChipNGift's Website wherein money is transacted by using the Payment Facility.
You understand, accept and agree that the payment facility provided by ChipNGift is neither a banking nor financial service but is merely a facilitator service, providing an electronic, automated online electronic payment, reception of payment, collection and remittance facility for the transactions on the ChipNGift Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing payment facility, ChipNGift is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
ChipNGift reserves the right to refuse to process transactions by Contributors with a prior history of questionable transactions including without limitation to collusion between the Contributor and campaigner to bring about a false impression or mislead other Users of the Website or due to breach / violation of any law or because of any charges imposed by Issuing Bank or the breach of any policy, at the sole discretion of ChipNGift and without providing any explanations.
At the sole discretion of ChipNGift and without providing explanations, ChipNGift may delay notifying the payment / transaction confirmation i.e. informing the Event Creator, if ChipNGift deems it suspicious. In addition, ChipNGift may hold transaction price / amount and inform law enforcement officials (instead of refunding the same to Contributor) at the request of law enforcement officials or in the event the Contributor or Event Creator for that matter, is engaged in any form of illegal activity.
The Contributor acknowledges that ChipNGift will not be liable for any damages, interests or claims etc. resulting from not processing a transaction / transaction price or any delay in processing a transaction / transaction price which is beyond the control of ChipNGift.
ChipNGift shall make payments, net of its costs, charges and fees into the bank account provided by the Event Creator during event Registration process. Once ChipNGift has made payments into such bank account number ChipNGift shall be discharged of any/all liability towards the Event Creator and Contributors and the Event Creator and Contributors shall not be eligible for any claims and/or refunds thereof.
The User understands and agrees that the funds held by ChipNGift or contributions received would not gain any interest. The period during which the funds are collected and finally reach the Event Creator, would not be construed as delay on the part of ChipnGift and would not give rise to any interest liability..
Financial Transaction Facility – Event creators
You, as an Event Creator, shall be required to register yourself with ChipNGift and provide ChipNGift with all the necessary information as may be deemed by ChipNGift from time to time including but not limited to banking details / income tax details such as PAN and registration certificates under various provisions and laws, etc. Further, the Event Creator is required to fulfill the commitments made to the Contributor in the manner as detailed in the event and in a timely manner. ChipNGift may seek information regarding the use of the funds raised by the Event Creator even after the event has ended and provide the said details to the Contributors.
The funds collected towards each event shall be transferred to you, the Event Creator as per the details provided to you at the end of the event and net of the ChipNGift's platform facility fees. If in a case of event cancellation at any time ChipNGift shall return the money to the Contributors after taking the processing fee within a timely manner.
The User understands and agrees that the funds held by ChipNGift or contributions received would not gain any interest. The period during which the funds are collected and finally reach the Event Creator, would not be construed as delay on the part of ChipnGift and would not give rise to any interest liability.
Remittances to the campaigner for their successful transactions under payment facility excluding cheque payment transactions would be in compliance with directions issued by the Reserve Bank of India for opening and operation of accounts and settlement of payments of electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009 ("RBI Intermediary Guidelines"). Remittance to the Campaigner for cheque donations / contributions shall be made through cheque/ demand draft or online bank transfer to campaigner’s bank a/c.
As per the above guidelines, the campaigner expressly agrees that the next working day following the day the event ends or is determined, shall be deemed to be the day that the transaction with the Contributor is completed. ChipNGift shall settle all amounts net of its fees withthe accounts of the Event Creator in accordance with the rules set out by the Reserve Bank of India in the Intermediary Guidelines.
Compliance with Laws:
The Contributor shall comply with all the applicable laws (including without limitation to the Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 2010 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India, Prevention of Corruption Act, 1988 and rules made thereunder) and all amendments made thereto applicable to them respectively for using payment facility and ChipNGift Website.
Contributors arrangement with Issuing Bank:
All Valid Credit/Debit/Cash Card and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Contributor and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from valid bank accounts are processed using the gateway provided by the respective Issuing Bank, which support payment facility to provide these services to the Users. All such online bank transfers on payment facility are also governed by the Terms and Conditions agreed to between the Contributor and the respective Issuing Bank.
Without limiting other remedies , at the sole discretion of ChipNGift and without providing any explanations, we may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Website in the event of, but not limited to:
Inability to verify or authenticate any information You provide; or
Belief that your actions may cause legal liability toYou, other users or us.
The Event Creators shall indemnify and hold harmless ChipNGift, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, against all claim, actions, penalties, prosecution, proceedings demand losses, disputes, charges, penalty, costs and expenses including reasonable attorneys' fees, that may arise or may be incurred by ChipNGift as a consequence of any default, breach, non-observance, non-performance or negligent act whatsoever by the campaigner of any terms , conditions, stipulations, provisions and/or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party more particularly stated herein and/or in any individual agreements executed by ChipNGift and the User.
The User hereby agrees and states that ChipNGift is a group gifting enabler and the Website/Mobile app merely provides a platform which can be utilized by users and persons visiting the Website to reach a larger base of people. ChipNGift is only providing a platform for communication and it is so agreed whether the transactions are gratuitous or otherwise. The Website is a platform that the Event Creator utilizes to invite and interact within his/her social circle, to receive an RSVP for the invite and to collect funds for the gift as per the Event Creator’s choice and ChipNGift shall in no way be responsible for the performance and/or liable for any mis-representation of any information provided by the Event Creators in any manner whatsoever and the User hereby waives his/her/their/its right to bring any action/cause/dispute against ChipNGift for any reason whatsoever.
Modifications and Alterations
The User shall be entitled to avail the service of ChipNGift via its Website and mobile application and otherwise subject to the terms, conditions, provisions and stipulations mentioned in these Terms and Conditions and/or any other policy document, agreement or witing executed/ entered into by ChipNGift and the User individually and any modifications, alterations made therein by ChipNGift from time to time.
Applicable Law & Jurisdiction
Terms and conditions shall be governed by and interpreted and construed in accordance with the laws of India. By agreeing to these Terms and Conditions you expressly agree that the place of jurisdiction shall be exclusively in Mumbai. ChipNGift is based in India in all respects. The event created by ChipNGift Users isalso to be based in India. The Website may be accessed by persons residing / living in countries other than India as well. ChipNGift welcomes Foreign Contributors to participate in events by making donations and contributions which shall be subject to the existing Indian laws. Those who choose to access this site from other locations/countries other than India do so on the understanding that all transactions are bipartite in nature between the Event Creators and the Contributor and subject to these terms and conditions. ChipNGift shall not be held liable for any dispute between the two parties. For any disputes involving ChipNGift whether as a formal party or otherwise, the jurisdiction shall exclusively be with the courts in Mumbai, India.
Any dispute involving ChipNGift, whether as a formal party or otherwise shall be resolved by Arbitration by a sole Arbitrator appointed by ChipNGift and in accordance with the Indian Arbitration and Conciliation Act, 1996. The seat of Arbitration shall be in Mumbai and the language to be used in all proceedings shall be English.
Limitation of Liability
Please send any questions or comments regarding this Website to firstname.lastname@example.org
XXVIII. Grievance officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
GooRooG Technology Pvt. Ltd.,
12/B, Singapuri building,
1st floor, 609, JSS Road,
India West, Mumbai- 400 053 (India)
Time: Mon - Sat (9:00 - 19:00)