This crowdfunding campaign agreement (hereinafter "Agreement") is a legal and binding contract between you (being an individual or an incorporated or unincorporated legal entity, partnership or otherwise, hereinafter referred to as "Campaign Owner") and OnlineSensor as a company registered either in your country or else OnlineSensor USA which ever is applicable at the time of your registration. We set out the terms and conditions for campaigning and crowdfunding through OnlineSensor on www.onlinesensor.com.
Campaign is your individual property and the views/offers or rewards in the campaigns are your personal ones and OS has no role to play in that.
You are solely responsible for all Campaign descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "upload") or transmit or otherwise use via the Services.
The following are examples of the kind of content and/or use that is illegal or prohibited by OS.
- Any unacceptable content may be pornographic or racial or anything that may cause a potential harm or distress to any other person
- Any monetary rewards claiming to give/offer any return on investment
- Any equity linked scheme
- Any fund raising that may be for the causes of violence, public protests, terrorism or any similar thing of disrupt
- Content which is copied with the proper Copyrights
However, this list is not exhaustive and OS reserves the right to investigate anyone by engaging public and private organizations, including, but not limited to collection agents, private investigators, and local, state, federal and applicable international agencies, and take appropriate action against anyone who, in OS's sole discretion, violates any of the terms or spirit of these Terms of Service (or the principles described in our preamble hereto), including, without limitation, removing the offending content, suspending or terminating the account of such violators, stopping payments to any such Campaign, freezing or placing a hold on donated funds when OS reasonably believes it to be required by applicable law, and reporting you to law enforcement authorities or otherwise taking appropriate legal action. Please email on firstname.lastname@example.org in case you have any doubts or confusions and we shall be happy to assist you.
- The definition of some of the terms used in this Agreement, in alphabetical order, are as follows:
- "Campaign" : Any idea or a cause or effort or event for which a Campaign Owner wishes to raise funds on the Platform. The campaign proposed to be conducted or undertaken by the Campaign Owner on the Platform for the purposes of raising monies or receiving contributions for any Campaign, as per the terms of this Agreement and those prescribed by OS at the time of approving the Campaign and/ or the Campaign. Campaign Owners cannot start campaigns that involve loans, investments, equity, shares, contributions for any illegal activities or anything related to a criminal investigation.
- "Campaign Owner" : Any individual, company, partnership, organization, trust, or other entity that is seeking to conduct a Campaign to raise funds on the Platform for any Campaign;
- "Campaign Page" : The page/s on onlinesensor.com where the donors will be able to make their contributions and where all the promotional materials (videos, images, information, graphics, etc.) that the Campaign Owners wish to use to raise funds for their Campaign, shall reside. OnlineSensor holds the sole right and discretion to decide what campaign material or promotion it allows and disallows on its platform.
- "Funder" : Any individual, company, organization, trust or any other entity that supports any Campaign by contributing funds to a Campaign.
- "Funding" : The financial contributions received from Funders towards a Campaign.
- "Intellectual Property Rights" : means any and all now known or hereafter tangible and intangible rights associated with works of authorship, including but not limited to copyrights, moral rights and mask-works; trademark and trade name rights and similar rights; trade secret rights; and all other Intellectual Property Rights of every kind and nature throughout the universe and however designated, whether arising by operation of law, contract, license, or otherwise.
- "Platform" : The website www.onlinesensor.com & the app by the name OnlineSensor on the Android (Google Play) and IOS stores are defined as the platform.
- "Total Funds Raised" : The total value of Funding (net of any refunds of Funding) that a Campaign has received at the end of the Funding Period.
- "User" : Any person, company, organization, entity, etc. which registers on onlinesensor.com to either raise funds as campaign or to follow or fund campaigns.
- "Visitor" : Any person, company, organization, entity, etc. which accesses any part of the website of OnlineSensor or any Campaign Page. Irrespective of whether the person chooses to contribute funds or not, they can show their support through sharing the Campaign / Campaign details on any media (including social media networks).
- Campaign set up: The Campaign Owner shall be solely responsible for creating his/ her or its own Campaign Pages within the format provided by OnlineSensor. The Campaign Owner must source all relevant content to be published on the Campaign Page/s himself/ herself/ itself and must do so in compliance with applicable local & international laws, including all intellectual property laws, copyright laws and confidentiality laws. The Campaign Owner shall ensure that the Campaign Page does not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless the Campaign Owner has necessary permission from the rightful owner of the material, or is otherwise legally entitled to post the material (and to further grant OnlineSensor all the license and rights as outlined in more detail below).
Any Campaign that is to be launched on OnlineSensor shall be done after OnlineSensor has approved the content of the Campaign Page including the pitch, the video, rewards, Information, imagery & graphics, team information etc. Any feedback from OnlineSensor requiring the Campaign Owner to modify any part of the Campaign Page must be implemented by the Campaign Owner. OnlineSensor reserves and shall have the absolute right and discretion to prevent or prohibit unsatisfactory or undesirable campaigns from going live or being hosted on its Platform.
While creating the Campaign on onlinesensor.com, the Campaign Owner shall commit to an update frequency to be adhered to for the period of implementation of the project, endeavor, purpose, etc. of the Campaign.
Any Campaign may be withdrawn by the Campaign Owner at any point before the end of the Funding Period. Once a Campaign is withdrawn, the Campaign Owner shall not be entitled to any Funding nor be entitled to resume such Campaign at a later date and cannot retain or claim any of the Funding received prior to the withdrawal. The placement of the Campaign Page as to where it appears on the website www.onlinesensor.com or the app shall be determined solely by OnlineSensor at its exclusive discretion.
- Exclusivity: The Campaign Owner shall not, directly or indirectly, run or be associated with any other crowdfunding campaign on any other website or platform, whether in residing country or abroad, with respect to any Campaign, while running the said Campaign on OnlineSensor. All the funding for such Campaign must be made through onlinesensor.com. However the Campaign Owner may run multiple crowdfunding Campaigns on OnlineSensor with respect to one or more Campaigns at the sole discretion of OnlineSensor.
- Funding: OnlineSensor does not guarantee any funding and shall not be responsible for any failure on part of the Campaign Owner in securing Funds from Funders. OnlineSensor may delay, withhold, cancel or refund any funding or other amounts without giving any notice and incurring any liability to the Campaign Owner in case it is unable to verify any information relating to such Funding to its satisfaction.
The Services are a Platform; We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. OnlineSensor facilitates the Donation transaction between Campaign Organizers and Donors, but is not a party to any agreement between a Campaign Organizer and a Donor, or between any user and a Charity. OnlineSensor is not a broker, agent, financial institution, creditor or insurer for any user. OnlineSensor has no control over the conduct of, or any information provided by, a Campaign Organizer or a Charity, and OnlineSensor hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.
- OnlineSensor branding & credits on promotional material: The Campaign Owner shall include OnlineSensor 's logo & branding on all Campaign and/or Campaign related marketing material. This pertains to both online & offline material & includes online banners, posters, leaflets, email shots etc. OnlineSensor will provide the logo and other branding guidelines to be used and usage of which is to be pre-approved by OnlineSensor before using the same. The Campaign Owner shall ensure that OnlineSensor is credited as the "Online Crowdfunding Partner" in all Campaign related online and offline promotions, events, PR & advertising. The Campaign Owner also agrees that in the event of a successful Campaign, OnlineSensor shall be entitled to use the Campaign Owner's brand & Campaign as an example of a successful campaign both on or off the Platform & in any of OnlineSensor 's communication as it may seem fit including in PR articles and offline PR events.
- Campaign marketing: The Campaign Owner shall be solely responsible for marketing the Campaign to his/ her/ its customers, well-wisher's, friends, family, acquaintances, followers etc. through various online & offline channels as may be deemed fit. The responsibility of ensuring the success of any Campaign shall be solely the responsibility of the Campaign Owner. The Campaign Owner acknowledges and accepts that the Platform is merely a facilitator which is in the nature of a marketplace for the purposes of raising funds for a Campaign.
OnlineSensor does not guarantee that a Campaign or a Charity will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign, Campaign Organizer, or Charity, and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign, Campaign Organizer, or Charity.
- Foreign funds: Foreign contributions may be made to Campaigns provided the Campaign is eligible for receiving such foreign contribution and adheres to applicable residing country laws and such contribution is received in accordance with applicable laws relating to foreign exchange. The Campaign Owner shall ensure that any registrations, certificates, licenses, etc. which may be required for the purposes of receiving foreign contributions are obtained and remain valid during the Funding Period. Copies of all such registrations would need to be submitted to OnlineSensor prior to the finalization of the Campaign. It shall be the Campaign Owners' sole responsibility and liability to ensure that a Campaign is entitled to receive contributions from Foreign Funders and that such contributions are received in accordance with applicable laws and regulations. OnlineSensor shall not be liable or accountable whatsoever for any violation or circumvention or other non-compliance with respect to foreign contributions. However, OnlineSensor may, at its sole discretion, not permit overseas Funders from making any contributions if it comes to the notice of OnlineSensor that a Campaign is not eligible to receive such funds.
- Contributions & Refunds: Funders may make contributions by different methods [this will include credit card/ debit cards/ e- wallets/ net banking and other forms of transferring money]. We do not and cannot verify the information that Campaign Organizers supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Campaign Organizer or Charity. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Campaign Organizer or Charity, as applicable. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Service, we take possible fraudulent activity and the misuse of funds raised very seriously. You can learn more about our Fraud Policy at http://www.onlinesensor.com/safety. If you have reason to believe that a Campaign Organizer or Charity is not raising or using the funds for their stated purpose, please use the "Report" button on the Campaign or Charity to alert our team of this potential issue and we will investigate..
- Campaigns: You, as a Campaign Organizer, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post; (iii) you will comply with your jurisdiction's applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing and solicitation for your project; and (iv) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize OnlineSensor, and OnlineSensor reserves the right to, provide information relating to your Campaign with donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation..
- Campaign rewards: The Campaign Owner may offer rewards in the form of tangible items or intangible services to Funders as an incentive to contribute to the Campaign. However, such rewards shall, under no circumstances whatsoever, be financial in nature (e.g. - profit share, revenue share, interest on amount contributed, ownership/equity stake in lieu of contribution, loans, investments, etc). The Campaign Owner cannot offer tobacco, drugs or drug paraphernalia, contests, raffles, or lifetime memberships, firearms, weapons, knives, weapon accessories or replicas of weapons etc.
- Dashboards / reporting & privacy: The Campaign Owner will be provided with real time information on the performance of the Campaign by way of a detailed set of quantitative data that OnlineSensor collates & collects on the Funders and Users who visit and/ or use to the Campaign Page. Information pertaining to the Funders would include data such as name, contact information, contributions made, rewards opted for etc., in the dashboards & analytics section of the Campaign Owners profile. The contact details pertaining to Funders who have opted for a refund of their contributions during the course of the Campaign will not be provided to the Campaign Owner. OnlineSensor is neither responsible nor liable for incorrect information provided by Funders or for any direct, indirect or consequential liabilities in respect of such incorrect information.
The Campaign Owner shall be responsible for making regular updates to the Funders in accordance with the reporting assurances given and commitments made at the time of the Campaign.
- Campaign owner's representations: The Campaign Owner hereby represents, warrants and undertakes that:
- All information provided by the Campaign Owner to OnlineSensor during the registration process and in relation to a Campaign is true and accurate;
- He/ she is capable (in case of an individual, being above 18 years of age) and duly authorized (in case of a legal entity, by way of appropriate corporate approvals) to enter into this Agreement, on behalf of himself, any other person, company, or other entity;
- The Campaign is legal and in compliance with all applicable laws and regulations;
- All contributions received will be used solely for the purpose stated on the Campaign Page and no other purpose whatsoever;
- Any action taken will not infringe or violate any person's rights, violate the law, or breaches any contract or legal duty of the Campaign Owner towards anyone;
- Any rewards which may be offered to any Funder are not illegal, violate any of OnlineSensor's rules, or guidelines, or violate any applicable law or regulation;
- The data received from the Platform with respect to any Funder or User will be used solely for the purposes of the Campaign and shall not be put to any unauthorized use or abused.
- Intellectual property (Campaign owner's): The Campaign Owner shall own any and all of the content and other information published on the Platform, including but not limited to text, pictures, statistics, graphics, videos, photographs or other data of any nature whatsoever, and the Campaign Owner expressly warrants that he/ she/ it has all right, title, and interest in and to any and all the content submitted, published or uploaded to the Platform free of liens or other encumbrances. The Campaign Owner further warrants that the content does not and will not infringe or violate any third party's rights, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
When the Campaign Owner submits a Campaign or any other content for publishing on the Platform, the Campaign Owner agrees to grant to OnlineSensor and others acting on its behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub licensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, database and other rights with respect to any such content. The Campaign Owner also expressly grants OnlineSensor the right to edit, modify, reformat, excerpt, delete, or translate any or all of the content. All Campaign content or any other information submitted to OnlineSensor or on the Platform, whether publicly posted or privately transmitted, shall be the sole responsibility of the Campaign Owner and the Campaign Owner shall be solely and exclusively responsible for all the costs, consequences and liabilities thereof and OnlineSensor shall not be responsible or liable in manner whatsoever and the Campaign Owner hereby indemnifies OnlineSensor in respect thereof.
The Campaign Owner agrees and grants OnlineSensor the right to use any or all the content including but not limited to the visual and text-based content (digital or non-digital) submitted by the Campaign Owner for any Campaign(s), for the purpose of branding and marketing activities of the Platform/ OnlineSensor. Notwithstanding anything in this Agreement, the Campaign Owner agrees to grant OnlineSensor an exclusive, perpetual, irrevocable right and license, on a worldwide basis, to use the Campaign Owner's campaign pitch video(s) through any means or medium deemed fit by OnlineSensor, including various digital platforms such as YouTube, Vimeo, Facebook etc & on newspapers, magazines and other media platforms (both online and offline).
The Campaign Owner assures if OnlineSensor or its Users exploit or make use of any content, data or information in the ways contemplated in this Agreement, it will not infringe or violate the law or any rights of any third party. It is hereby acknowledged and accepted that OnlineSensor shall not be held responsible whatsoever for any misuse of the information, material, ideas etc by any Campaign Owner or Funder or other User accessing OnlineSensor.
- OnlineSensor Pricing/Fees: The Campaign Owner shall pay OnlineSensor the following fees in relation to each Campaign:
OnlineSensor does not charge a Campaign Organizer any upfront fees for initiating a Campaign. OnlineSensor retains a variable percentage of each Donation contributed to a Campaign and all charitable contributions made to a Charity (collectively, "OnlineSensor Fees"). An additional payment processing fee is also deducted from each Donation and is payable directly to our payment partners (the "Payment Processing Fee," and together with the OnlineSensor Fees, the "Fees"). Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms and conditions set forth by our payment partners, in addition to these Terms of Service.
Please see applicable Fees at http://www.onlinesensor.com/plans_and_pricing which also includes the respective terms and conditions of our payment partners.
Fees are deducted directly from each Donation, and will not be reflected in the amount which a Campaign Organizer can withdraw from the Campaign or which is directed to a Charity. We reserve the right to change OnlineSensor's Fee pricing from time to time. If OnlineSensor does change its Fees, OnlineSensor will provide advance notice of the change on the Platform or in email to you, at OnlineSensor's option. Your continued use of the Services after the Fee change becomes effective constitutes your acceptance of the updated Fees. All Fees referred to in these Terms of Service are exclusive of Value Added Tax, Goods and Services Tax and any other taxes, where applicable..
- Taxation: It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority. Any taxes due with respect to the funds raised through OnlineSensor are the responsibility of and to the account of the Campaign Owner. These taxes may include, but are not limited to, income tax, VAT, Service tax or any other taxes, levies, cess, etc that may be levied by the Government or payment gateway or other jurisdictional authority, whether on a current or retrospective basis. OnlineSensor shall not be liable for any taxes that the Campaign Owner needs to pay with regard to the Campaign or funds raised under any circumstances.
- Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to
- immediately notify OnlineSensor of any unauthorized use of your password or account or any other breach of security, and
- ensure that you sign out from your account at the end of each session when accessing the Services. OnlineSensor will not be liable for any loss or damage arising from your failure to comply with this Section.
- Modifications to Services: OnlineSensor reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). We will endeavor to give you notice of any such modification, suspension or discontinuance. You agree that, to the extent permitted by law, OnlineSensor will not be liable to you for any modification, suspension or discontinuance of the Services in accordance with these Terms of Service.
- General Practices Regarding Use and Storage: You acknowledge that OnlineSensor may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on OnlineSensor's servers on your behalf. You agree that OnlineSensor has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that OnlineSensor reserves the right to terminate accounts or Campaigns that are inactive for an extended period of time, provided that OnlineSensor will use its commercially reasonable efforts to provide a Campaign Organizer with reasonable notice before terminating an inactive Campaign having a positive balance of Donations. You further acknowledge that OnlineSensor reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavor to give you notice of any such change where required by applicable law.
- Mobile Services: The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to browse the Platform from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding OnlineSensor and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your OnlineSensor account information to ensure that your messages are not sent to the person that acquires your old number.
- Money transfer: It is clarified that OnlineSensor is only a technology platform, which enables the Campaign Owners to connect with Funders and receive contributions for any Campaign. OnlineSensor is not the final recipient of funds raised on its platform (other than the set up and service fees payable by the Campaign Owner). The existence of the site or services is not a solicitation of contributions or donations by OnlineSensor and OnlineSensor cannot and shall not be held liable in any respect in relation to any Campaign Owner/ Campaign.
- Campaign refusal/ cancellation: Notwithstanding anything in this Agreement, OnlineSensor reserves the right, at its sole discretion, to decide as to who is eligible to use the Platform and reserves the right to change the eligibility criteria at anytime. OnlineSensor reserves the absolute right to cancel accounts or to cancel or refuse any campaign at any time with or without any reason whatsoever, in which event, the Campaign Owner shall, where relevant, forthwith cease & desist from using the OnlineSensor brand in any communication whatsoever.
- OnlineSensor's other rights: The Campaign owner agrees that OnlineSensor shall have the right to:
23.1 Make any changes in its technology platform or services, at its sole discretion, at any time, without notice or liability;
23.2 Reject, cancel, interrupt, remove, or suspend any Campaign or Campaign at any time and for any or no reason;
23.3 Take whatever other action is required to perform and market the Platform and the services being offered thereon;
23.4 Allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, rate campaigns after funding them and otherwise use the content on the Platform, including but not limited to those on the Campaign Page;
23.5 Remove any content from the website that it determines is offensive, unlawful, threatening, defamatory, obscene, or otherwise objectionable, which determination shall be at the sole and absolute discretion of OnlineSensor;
23.6 Limit or restrict access to all or parts of the Platform at any time and without any notice or liability whatsoever;
- Intellectual property (OnlineSensor's): The Campaign Owner hereby acknowledges that OnlineSensor owns all right, title, and interest in and to the website and its associated content, including but not limited to all Intellectual Property Rights. The Campaign Owner is expressly prohibited from using OnlineSensor's Intellectual Property Rights or other property, including but not limited to trademarks, copyrights, patents, trade secrets, or confidential information, without the prior written consent of OnlineSensor.
Subject to the payment of the applicable service and set up fees, OnlineSensor hereby grants the Campaign Owner a limited, non-exclusive, non-sub licensable, royalty free, non-assignable, and revocable license to use the Platform for the purposes of the Campaign. The Campaign Owner agrees that he/ she/ it will not modify, alter, or remove any intellectual property notices, whether trademark, copyright, or otherwise, from the Platform. The Campaign Owner is expressly prohibited from reproducing, modifying, distributing, publishing, licensing, creating derivative works of, selling, publicly displaying, or publicly performing the Platform outside of the uses expressly stated in this Agreement.
- Limitation of liability: OnlineSensor is an online crowdfunding venue for individuals, entities or organizations seeking to raise funds for their own campaigns and to contribute to the campaigns of others. OnlineSensor does not pick or endorse any such individuals, entities or organizations or any of their campaigns or causes. OnlineSensor merely provides a technology platform to allow fundraisers to connect with donors. The Campaign and its Funding is solely the agreement between the Campaign Owners and the Funders. Consequently, OnlineSensor is not a party to the contract between the Campaign Owners and Funders and shall have no responsibility or liability whatsoever in relation or connection thereto.
OnlineSensor provides the website/ app on an as-is basis and with no warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, title, accuracy, non-infringement, and ability to raise funds or use of funds.
Notwithstanding anything in this agreement, OnlineSensor shall not be liable whatsoever to the Campaign Owner or any Funder, User or any third party whosoever for any damage, injury or loss, including but not limited to loss of business; loss of income; indirect, special, incidental, consequential, punitive, exemplary or other similar loss or damages, arising from or in relation to the use or misuse of the Platform; or any breach of terms or non-performance of obligations under this Agreement; or in relation to the Campaign/ Campaign; or any other reason whatsoever.
OnlineSensor shall also not have any liabilities whatsoever with regard to any disputes or disagreements between or amongst Campaign Owners, Funders, Users or other third parties relating to any campaign or the use of the Platform.
It is hereby acknowledged and accepted that OnlineSensor
In addition to the above, the Campaign Owner specifically agrees and acknowledges that OnlineSensor shall not be liable in the event the funding target is not met; or in case of any unforeseen technical glitches, including but not limited to website being down for maintenance, server errors, speed of website download, any viruses in the website etc., which may affect any transaction activity of any campaign; or pursuant to the exercise of any right to refuse, reject, prohibit, interrupt, suspend, cancel or remove any content, campaign or contribution at any time and for any reason whatsoever.
- shall not be liable for any errors or omissions in any content;
- does not endorse any content submitted or published on the platform;
- oversee the performance or punctuality of any Campaign, or the use of funds raised pursuant to a Campaign;
- shall not guarantee that any funds will be raised pursuant to a Campaign etc.
OnlineSensor will not be held responsible or liable for any content posted on the website, any third party links posted on the website, or any content transmitted through the website whether or not that content is transmitted through member accounts. OnlineSensor does not assume responsibility for any error, omission, interruption, deletion, defect, and destruction of identity, unauthorized access to a member account, or alteration thereof. OnlineSensor reserves the right to discontinue the website at any time with no consequential liability whatsoever.
- Indemnity: The Campaign Owner hereby agrees to indemnify, defend and hold harmless OnlineSensor (including its officers, directors, employees, servants, agents, advisors and representatives) against any and all actions, claims, law suits, damages and liabilities, including reasonable attorney fees, that arise from or relate to any breach by the Campaign Owner, of any of the representations, warranties, assurances and obligations herein; or the Campaign Owner's use or misuse of, or access to, the Platform; or otherwise from the Campaign Owner's content; or any infringement by the Campaign Owner, or any third party using the Campaign Owner's account, of any Intellectual Property Rights or other right of any person or entity. OnlineSensor reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Campaign Owner, in which event the Campaign owner shall assist and cooperate with OnlineSensor in asserting any available defenses.
- Confidentiality: The Campaign Owner acknowledges that the information, including, without limitation, any technical and financial information or information relating to any Funder or potential Funder that he/ she/ it has received or will receive in connection with this Agreement, is considered private and confidential (the "Confidential Information"). The Campaign Owner shall use all reasonable diligence and a high degree of care to prevent the unauthorized disclosure, reproduction or distribution of such Confidential Information to any other individual or entity.
Confidential Information will exclude:
- information that is already in the public domain; information already known to the receiving party, as of the date of the disclosure, unless the receiving party agreed to keep such information in confidence at the time of its original receipt;
- information hereafter obtained by the receiving party, from a source not otherwise under an obligation of confidentiality with the disclosing party:
- information that the receiving party is obligated to produce under order of a court of competent jurisdiction, provided that the receiving party promptly notifies the disclosing party of such an event so that the disclosing party may seek an appropriate protective order.
- Termination: Without prejudice to any other rights, OnlineSensor shall have the right to terminate this Agreement at any time, by giving the Campaign owner a prior written notice by e-mail of 15 days. Subject to payment of all outstanding dues and meeting all his/ her/ its obligations including those to the Funders, the Campaign Owner shall have the right to terminate this Agreement by giving OnlineSensor a prior written notice by e-mail of 30 days.
- Severability: The provisions of this Agreement are severable if any one or more such provisions shall be determined to be invalid, illegal or unenforceable, in whole or in part, and the validity, legality and enforceability of any of the remaining provisions or portions thereof shall not in any way be affected thereby and shall nevertheless be binding between the parties hereto. Any such invalid, illegal or unenforceable provision or portion thereof shall be changed and interpreted so as to best accomplish the objectives of such provision or portion thereof within the limits of applicable law.
- Assignment: The Campaign Owner hereby acknowledges and agrees that he/ she/ it is prohibited from assigning the rights and obligations under this Agreement. However, OnlineSensor may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the website.
- Dispute resolution: If any dispute, disagreement, controversy or claim between the parties arises out of or in connection with this Agreement, including the breach, termination or invalidity thereof (a Dispute), the parties shall use all reasonable endeavors to negotiate with a view to resolving the Dispute amicably. If a party gives the other party notice that a Dispute has arisen (a Dispute Notice) and the parties are unable to resolve the Dispute amicably within 30 (thirty) days of service of the Dispute Notice (or such longer period as the parties may mutually agree), then the Dispute shall be referred to arbitration by a sole arbitrator appointed by OnlineSensor accordance with the Arbitration and Conciliation Act, 1996 (as amended, restated or substituted, in force at the relevant time) to be conducted in the English language at Chennai;
The arbitral award shall be reasoned and shall be final and binding on the disputing parties. The existence or subsistence of a dispute between the parties, or the commencement or continuation of arbitration proceedings, shall not, in any manner, prevent or postpone the performance of those obligations of the parties under the Agreement which are not in dispute, and the arbitrators shall give due consideration to such performance, if any, in making a final award. Nothing shall preclude a party from seeking interim or permanent equitable or injunctive relief, or both. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the parties to pursue any other remedy or relief through the arbitration.
- Governing law and jurisdiction: This Agreement shall be governed by and construed under the laws of India and shall be subject to the exclusive jurisdiction of the courts at Chennai, India
- Amendments or modifications: OnlineSensor reserves the right to amend, modify, replace, or discontinue this Agreement or any or the whole of the Platform at any time and in its sole discretion without any notice or liability whatsoever.
- Effectiveness: This Agreement shall be effective and in full force from the time that the Campaign owner accepts the terms of this Agreement.
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services.