Terms and Conditions
Terms & Conditions for Donations
These rules and regulations (“Terms and Conditions”) shall be binding on each participant (“Donor” and/or “You”) for the worldwide territory (“Territory”) who voluntarily desire to make monetary donations towards APEAF, the trust titled “Atomic Power Evolution Awareness Foundation” (“TRUST”), being presided by Dr. Neelam Goyal who is the president of , an all-India registered, Atomic Power Evolution Awareness Foundation (“APEAF”) currently based in Gujarat. APEAF is conducting the required Research & Development and organizing grass-root level Public Awareness Programs for the quicker implementation of all the announced mega-projects related to water, energy and agriculture in India after independence. APEAF has appointed Akshvi AWARE to handle all the fundraising, team management and event organization operations of this mission. APEAF endeavours to mobilize and assist teams (through Akshvi AWARE) in the collection of voluntary funds and out of free will monetary donations, both in Indian national rupee (“INR”) and/or any foreign currency (hereinafter referred to as “Donations”) made by Donors (“Campaign”) . This campaign will be run by the dedicated teams of Akshvi AWARE appointed by APEAF. It is however clarified that no endeavour shall be made by the various media channels (used to broadcast our campaigns) to collect any Donations through the medium of telecast of their Programs. Also no endeavours shall be made by our teams to collect involuntary and unofficial funds off records.
The Donations towards the Campaign shall be made in the name of the trust ATOMIC POWER EVOLUTION AWARENESS FOUNDATION TRUST.
You are eligible to make a Donation towards the Campaign, subject to these Terms and Conditions if( i)You have attained the age of majority i.e. eighteen (18) years, and (ii) You are a company/proprietorship or any other entity duly registered/incorporated under the laws of India or if you are residing in India or if you are a foreign citizen /national residing in India or a foreign national residing outside India.
For the purpose of this Terms and Conditions , “Indian Nationality Donors” shall mean and include Indian citizens residing in India and other entities and bodies incorporated/registered/set-up in India and “Foreign Nationality Donors” shall mean and include Foreign citizens residing outside India , foreign corporations and other registered bodies, Indian subsidiaries of foreign entities and non-resident Indians residing outside India at the time of Donation towards the Campaign (“NRIs”).For avoidance of doubt Indian Nationality Donors and Foreign Nationality Donors shall hereinafter be collectively be referred to as “Donors2
2. Payments towards Donation:
For the purpose of collecting Donations in INR , APEAF has a bank account with SBI bank. For avoidance of doubt it is clarified that the Account opened shall be specifically for the purposes of collecting and mobilizing donations in INR towards the Campaign and no further purpose vide the payment mechanisms set out below. All Foreign Nationality Donors shall directly make Donations towards the Campaign directly into APEAF’s FCRA account in the mode and manner as set out herein below.
The payments towards the Campaign can be made both by Indian nationals and Foreign Entities (defined below) through the following modes (“Payment Mechanism”) in the mode and manner as set out herein below :
A. INDIAN NATIONALITY DONORS
- PAYMENT VIA CHEQUE.
During the Period , Indian Nationality Donors, can also make Donations via cheques in favour of ATOMIC POWER EVOLUTION AWARENESS FOUNDATION with the details and manner as shown by our dedicated fundraising teams during meetings/the Website /Events/Social Media, etc.
2. ONLINE PAYMENT OR THROUGH OUR AWARE INDIA APP
i. Indian Nationality Donors can make payment through online transfer by logging on to “www.indnext.org” (“ Website”) or downloading our app “AWARE INDIA” (“App”) and following the instructions therein. The donor will be redirected to the bank website to complete the Donation transaction. The Donations received through this payment mechanism will be directly deposited into the APEAF’s TRUST campaign Account.
ii. You understand and agree that in addition to these Terms and Conditions, the Donor shall also be bound by the terms and conditions of the Bank Website and/or any additional payment gateway service provider while making Donations on the Bank Website and/or once he/she has been redirected away from our Website/App. Indian Nationality Donor also understands and agrees that the personal or sensitive personal information provided by the Indian Nationality Donor on such third party websites shall be subject to the terms of such third party websites and shall not be liable for the same.
iii. In case of any network failure and /or technical failure in accessing our Website/App and /or Bank Website and /or unclear network, breakdown of machinery, disruption of network and/or for any reasons whatsoever, reserves the right to at its sole discretion to cease accepting Donations from the Indian Nationality Donor (s), in any manner as it may deem fit and necessary. In addition to the aforesaid, shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure/disruption while making Donations on the Bank Website and/or in the internet /network services /system failure / due to technical /technological restrictions and /or due to reasons /events/incidents beyond commercially reasonable control of and the Indian Nationality Donor(s) shall hold harmless , the Channel(s) and its employees, officers or any other person in relation to the Campaign with respect to the same. Any dispute in connection to the above shall be settled between the Donor (s) and the Bank Website directly, without involving and/or the Channels in any manner whatsoever
iv. AWPL shall not be responsible in the event Donations are not processed and /or received due to any technical error of any nature whatsoever. For purposes of these Terms and Conditions, “receipt/processing” of a Donation occurs when the Bank Website server records the Donation information upon the Donor clicking “Donate/Submit/Process” button. For the avoidance of doubt, by submitting the Donation, the Indian Nationality Donor(s) is representing that the Donation or contents thereof are not confidential or comprise any sensitive personal information.
B. FOREIGN NATIONALITY DONORS
ii. In case of any network failure and /or technical failure in accessing our Website/App and /or unclear network, breakdown of machinery, disruption of network and/or for any reasons whatsoever, reserves the right to at its sole discretion to cease accepting donations from the Foreign Nationality Donors, in any manner it may deem fit and necessary. In addition shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure/disruption while making Donations on the bank Website and/or in the internet /network services /system failure / due to technical /technological restrictions and /or due to reasons /events/incidents beyond commercially reasonable control of and the Foreign Nationality Donors shall hold harmless , the Channel and its employees, officers or any other person in relation to the Campaign with respect to the same. Any dispute in connection to the above shall be settled between the Foreign Nationality Donors (s) and the bank directly, without involving and/or the Channels.
iii. AWPL shall not be responsible in the event donations are not received due to any technical error of any nature whatsoever. For purposes of these Terms and Conditions, “receipt/processing” of a donation occurs when our Website/App server records the donation information upon the Foreign Nationality Donors clicking “Submit/Process” button. Any automated receipt confirmation and/or deduction of the said amount from the account of the Foreign Nationality Donors does not constitute proof of actual receipt of the Donation by APEAF. For the avoidance of doubt, by submitting the Donation, the Foreign Nationality Donors is representing that the act of Donation or contents thereof are not confidential or comprise any sensitive personal information and/or is not illegal.
D. General Rules
You acknowledge and understand that Akshvi AWARE Pvt. Ltd (“AWPL”). is undertaking this Campaign out of good will and with a sense of corporate social responsibility. You additionally acknowledge that it is not connected in administration/proprietorship and/or otherwise controls APEAF TRUST in any which way. Further, Akshvi AWARE is merely providing a platform, to connect its audience/viewers including Donors with APEAF and to facilitate voluntary donations to APEAF’s Trust which are working towards various social issues, being depicted earlier. Save and except for accounting of your contribution towards APEAF after the deduction of the mobile operator’s share and applicable government taxes and other service charges, is in no way handling the funds/donations from this Campaign at any point and is merely undertaking the role of introducing the Donors to APEAF. For the sake of clarity, the Donations from the Donor(s) are being transferred and/or deposited directly into APEAF’s Campaign Account and/or the APEAF’s FCRA account, as the case maybe.
All Donations received through Cheque and On –line payment from the Indian Nationality Donors in INR in relation to the Campaign for APEAF shall be directed and deposited directly into APEAF’ Campaign Account and all Donations received from Foreign Entities in foreign currency shall be deposited and collected in the APEAF’s (of their choice )FCRA account.
You agree and acknowledge that , , Your Donation is eligible for tax deduction benefits under Section 80 G of the Indian Income Tax Act, 1961 if the Donor (s) is above the age of eighteen (18) years and a resident of India (as per the Income Tax Act, 1961), and provided that the particular APEAF has a valid and subsisting registration under Section 80G of the Indian Income Tax Act, 1961. You hereby agree and confirm that Your Donation to APEAF will be eligible for tax deduction benefits if APEAF has a valid and subsisting registration under Section 80G of the Indian Income Tax Act, 1961. Please contact, Your financial advisor to learn the exact scope of the benefits regarding Your Donation. It is further clarified that You shall be solely responsible , without any recourse to and /or Akshvi AWARE Pvt. Ltd. for availing /procuring receipts or certificates for tax deduction benefits under Section 80 G of the Income Tax Act, 1961 from the APEAF directly .
Proof of age, if requested, of the Donor(s), must be submitted to (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate). The Donor(s) additionally represents and warrants that the Donor(s) is duly authorized to make Donations to APEAF as understood under these Terms and Conditions under applicable laws.
AWPL reserves all rights to make amendments to the existing Terms and Conditions including the manner or conduits of making Donations towards the Campaign or withdraw the Campaign without giving prior notice. It shall be the sole responsibility of the viewer(s)/Donor(s) to check the Terms and Conditions of the Campaign on the Website from time to time.
AWPL reserves the right to change the Payment Mechanism or take such necessary steps as it may deem fit in its sole and absolute discretion. It is clarified that Donations towards the Campaign are immediate and irrevocable which means cannot cancel Your Donation. Once a Donation has been made for APEAF, no refund can be made of the Donation; nor can the end purpose be changed. Additionally, the Donors represents and undertakes that in case of a misappropriation whilst making a Donation, the Donor shall address and seek redressal towards this issue strictly from APEAF and/or the Bank, as applicable, without any recourse towards
The decision of regarding the Campaign and/or Donation made within the timelines and in the manner as set out herein shall be final and binding on the Donor(s) and in no event shall the Donor dispute the decision made by and/or its employees in connection to the Campaign and/or Donation made within the Period.
AWPL is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, mental trauma, etc caused to the Donor in any manner whatsoever or for any reason whatsoever in connection to the Donation, Payment Mechanism and/or the Campaign. The Donor(s) shall hold harmless the, Akshvi AWARE Pvt. Ltd., its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Donor(s), in any manner whatsoever in connection with the Campaign and/or the Donation and waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs, to the extent permissible under law.
Each Donor in consideration of being given opportunity to make a donation towards the Campaign , agrees that the Donor shall hold harmless and indemnify the main sponsor, if any, , the Channel, AWPL, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Donor, in any manner whatsoever in connection with the Campaign, Donation and/or any personal information submitted by the Donor whilst making a Donation and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
AWPL shall not be responsible to pay for any taxes, duties, charges, license fees, insurance, levies etc. applicable under the laws of India, in relation to the Donations and the same, if applicable, shall be solely borne by the Donor.
Third Party Sites
While making Donation(s) towards the Campaign, the Donor may be provided with opportunities, links or other opportunities to use certain sites, services, products, applications or content offered by or through 's third-party providers, including but not limited APEAF, Bank and ecommerce providers (collectively "Third-Party Services"). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. and/or AWPL does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. and/or AWPL does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services. Donor agrees that the Donor is wholly responsible for making his/her own independent judgment regarding Donor’s user or interaction with Third-Party Services.
The Donor(s) shall not do any act either directly or indirectly during such Promotional Activity which may bring and/or AWPL into public disrepute or denigrate any of the preceding, or offend any community or public morals, or affect the business of and/or AWPL and in all public appearances the Donor(s) shall use her/his judgment in general demeanour and choice of language to create an atmosphere which would be conducive to the services and/or promotion of the Campaign.
AWPL reserves the right to forfeit any Donation made by a Donor in the event it is found by that any information provided by the Donor(s) is inaccurate, wrong, fraudulent or any misrepresentation is made by the Donor(s) and/or the Donor is in breach of any of the provisions of this Terms and Conditions.
The Donor(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to herein.
The Donor participating in the Campaign hereby acknowledges and agrees that the relationship between , AWPL and its affiliated companies and the Donor is not a confidential, fiduciary or other special relationship.
Donor acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.
Subject to the provision of Clause 21 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.
- Akshvi AWARE Pvt. Ltd. is running the fundraising campaign of Atomic Power Evolution Awareness Foundation Trust