This Participation Agreement ("Agreement") governs the terms under which a registered Non Governmental Organization ("NGO" or "Beneficiary Organization") participates in the chat based fundraising initiative ("Platform").
By participating in the Platform, the NGO agrees to the following terms and conditions.
1. Nature of Association
1.1 The NGO participates solely as a beneficiary organization under the Platform.
1.2 Nothing contained herein shall be construed as creating any partnership, joint venture, agency, employment, or fiduciary relationship between the Platform Owner and the NGO.
2. Ownership and Control
2.1 The Platform Owner shall remain the sole and exclusive owner, controller, and operator of the Platform, including but not limited to its format, branding, technology, processes, campaign design, and moderation framework.
3. Fundraising Mechanism
3.1 The Platform operates as an online, moderated initiative in association with one or more designated third party crowdfunding platforms.
3.2 All donations shall be collected and disbursed directly by the crowdfunding platform into the bank account of the NGO in accordance with the platform's timelines, policies, and procedures.
3.3 The Platform Owner shall not handle, receive, or hold donor funds at any time.
4. Fund Disbursal and Operational Fee
4.1 Donations may be released in one or more phases depending on platform processes and completion of sessions.
4.2 Operational Fee
Upon successful completion of the online activity and receipt of donations by the crowdfunding platform, the Platform Owner may raise an invoice to the NGO toward platform, moderation, technology, marketing, and operational costs.
The operational fee shall be calculated as a percentage of the total funds raised and shall be communicated to the NGO in advance.
4.3 Settlement Process
To facilitate smooth processing, the Platform Owner may coordinate with the crowdfunding platform to release a portion of collected funds to enable settlement of the operational invoice.
The NGO agrees to clear the invoice within seven (7) working days from the date of invoice.
4.4 Release of Remaining Funds
Upon clearance of the operational invoice, the Platform Owner shall coordinate with the crowdfunding platform to release the remaining eligible funds to the NGO, subject to the crowdfunding platform's processes and timelines.
5. Cancellation
5.1 In the event of cancellation of a session due to unforeseen circumstances, no claim shall arise against the Platform Owner.
5.2 The NGO shall not be entitled to receive funds linked to such cancelled session.
6. NGO Listing and Consent
6.1 The NGO grants consent to the Platform Owner to list the NGO's name, logo, cause description, and general impact information on the Platform website and related informational materials solely for the purposes of:
- Cause discovery
- Transparency
- Fundraising communication
6.2 The Platform Owner shall not misrepresent the NGO or its work.
7. Content and Publicity Safeguards
7.1 Any content generated during sessions shall be optional, shall be subject to relevant approvals, and shall not be independently used by the NGO for promotions, publicity, or fundraising without prior written consent of the Platform Owner.
8. Compliance and Statutory Responsibility
8.1 The NGO confirms that it:
- Is compliant with all applicable laws and regulations
- Holds valid registrations and approvals where applicable
- Shall be solely responsible for statutory filings, reporting, and lawful utilization of funds
8.2 The Platform Owner shall not be liable for any non compliance, misrepresentation, or misuse of funds by the NGO.
9. Term and Termination
9.1 Either party may terminate participation by providing fifteen (15) days' written notice.
9.2 The Platform Owner reserves the right to immediately delist or suspend the NGO in case of reputational, legal, ethical, or compliance concerns.
10. Governing Law and Jurisdiction
This Agreement shall be governed by the laws of India and subject to the exclusive jurisdiction of the competent courts of Mumbai.