Terms of use

We do not provide any financial return in any form whatsoever, including but not limited to financial securities (debt or equity), interest, dividend, profit share, rewards in cash, to individuals who contribute on upcrowder.org

Any contribution on upcrowder.org, by an individual, should not be construed as an investment in any form whatsoever.

Terms of use

Please read these Terms of Use/Terms and Conditions carefully before using upcrowder.org (the ‘website or the ‘Site’), owned by parent company Upcrowder Social Ventures Private Limited and its affiliated companies or entities (combined called as the ‘company’). This agreement sets forth the legally binding terms and conditions for your use of the website. By using the service/services in any manner, including, but not limited to, visiting or browsing the site or contributing content, information, or other materials or services to the site, you agree to be bound by this agreement.

You may discontinue your use of the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the upcrowder.org is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.

In order to use the Services, you must first agree to the Terms. You can accept the Terms by clicking “I Accept” or agree to the Terms, where it is made available to you on the website;

Summary of service

Upcrowder is an online platform where certain users (‘Campaigners’) run campaigns to raise funds for their projects. They raise money by requesting donations from other users, also referred to as "contributors" or "funders," in exchange for tangible and intangible benefits. The Company makes a variety of content, including but not limited to videos, photos, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, and other material and information, as well as related trademarks and copyrightable works, available through the Site, email, websites, and other media (collectively, "Content"). Users (collectively, "Users") have the ability to contribute, upload, publish, distribute, facilitate distribution, gather, post, or otherwise enable content accessibility, thereby submitting content. This encompasses individuals such as campaigners, contributors, funders, and other site visitors. The term 'User Submissions' pertains to any content that users have submitted.

By initiating a fundraising campaign on Upcrowder, as the campaigner, you extend an invitation to the public to engage in a contractual agreement with you. When funding or contributing to a fundraising campaign on Upcrowder, as a funder/contributor, you acknowledge acceptance of this offer and enter into a contractual relationship with the campaigner. It is important to note that Upcrowder does not act as a participant in the agreement between the campaigner and the funder/contributor. All

Acceptance of terms

The utilization of our Service is contingent upon the complete acceptance of all terms and conditions outlined in these Terms of Use, inclusive of the Privacy Policy (available on the website), referenced in this document. Additionally, all other operational regulations, policies, and procedures published on the Site, which are subject to updates by the Site without prior notice, are considered incorporated by reference. Furthermore, specific Services provided through the Site might be governed by supplementary terms and conditions established by the Company. Your utilization of such services is subject to these additional terms and conditions, thereby becoming an integral part of these Terms of Use.

The Site's Services are exclusively accessible to individuals requiring fund transfers to an Indian bank account. The Company retains the sole discretion to decline offering its services to any individual or entity and may modify its eligibility criteria at any given time. This provision is null and void where prohibited by law, revoking the right to access the Site’s services in such jurisdictions.

Modification of Terms of Use

The Company reserves the right, at its sole discretion, to amend or replace these Terms of Use, alter, suspend, or terminate the Site and its services (including, but not limited to, the availability of any feature, database, or Content) at any time and for any reason. The Company may also impose restrictions on specific features and services or restrict your access to parts or the entirety of the website without prior notice or assuming any liability. It remains your responsibility to periodically review the Terms of Use for updates. Continued use of the website following the posting of any alterations to the Terms of Use constitutes acknowledgment and acceptance of those changes.

Registration

While viewing Content on the Site does not require registration, certain site functionalities necessitate registration with the Company, creating a User profile utilizing a "User ID" and password. You are required to furnish accurate, thorough, and current registration details. Non-compliance with this obligation shall be deemed a violation of the Terms of Use, potentially leading to immediate account termination. As a User, it is imperative not to select a User ID or project name that: (i) impersonates another individual, (ii) infringes upon the rights of others without proper authorization, or (iii) contains offensive, vulgar, or obscene content. The Company reserves the discretionary right to decline registration or revoke a User ID or project name. You hold sole responsibility for all activities performed through your account and are accountable for upholding the confidentiality of your password. Under no circumstances should you access another User's account without explicit permission. Kindly notify the Company promptly in writing about any unauthorized account access or identified security breaches associated with your account.

Terms and Conditions for Fundraisers (Those Who Want To Raise Funds)
  • Your responsibility lies solely in utilizing the funds for the stated purpose mentioned on our fundraising page. The Company holds no responsibility whatsoever regarding the ultimate utilization of funds.
  • The fundraising page on the Platform will be accessible to the general public for contributions for 25 days from the page's publication or as long as the campaign date is selected. The success in achieving the targeted amount within the designated period is not guaranteed. At the Company's sole discretion, the hosting tenure of this fundraising page may be extended or removed.
  • The Company will not be held accountable for the total contributions received. Contributions will be collected online by the Platform and the total amount provided to us. Consequently, you will receive the funds within 29 days from the project listing date.
  • You acknowledge that the funds do not belong to the Company. You fully consent to the disbursement of funds after 29 days for operational convenience.
  • Upcrowder and the payment gateway will deduct their fees and applicable taxes before remitting the funds to us.
  • If applicable, you shall issue Tax Rebate certificates for Indian contributions, limited to the funds received by us (i.e., the contributed amount minus Upcrowder and payment gateway fees). Contributors have been duly informed of such provisions.
  • You hereby indemnify, agree to keep indemnified, and hold harmless the Company, its Directors, employees, and agents against all liabilities or claims. Additionally, you agree to protect against any loss or damage arising from acts of omission, misuse of funds for purposes other than the stated objective, absence of necessary regulatory approvals, or execution-related activities. These indemnities, if any, shall extend beyond the Agreement period.
  • The Company will not be liable for any indirect, incidental, or consequential damages (including loss or profit of business), arising under contract, tort, or otherwise, even if informed of the possibility of such damages.
  • This Agreement is subject to the applicable laws of the Indian Union. Any legal matters arising from this Agreement shall fall under the jurisdiction of the courts of Ahmedabad, India.
  • The Company reserves the right to terminate the agreement if substantial evidence indicates wrong utilization of funds or a lack of necessary regulatory approvals for fundraising or executing the stated purpose.
Terms and conditions for funders or contributors (Those Who Want To Give Funds)
  • I acknowledge that the Purpose stated on the fund-raising page is explicitly defined, and I have a comprehensive understanding of the project and the intended utilization of the funds.
  • My contributions are intended for the Recipient and will be administered by the Recipient. The Company's role is solely to facilitate the collection of contributions and bears no responsibility for the final utilization of the contributions.
  • The Company and the payment gateway will deduct their fees and applicable taxes before disbursing the funds to the Recipient. The Company will deduct fees on behalf of the platform hosting the project profile on the internet, facilitating my contributions to the project. I am aware that these fees encompass web hosting, marketing, and promotional expenses, and the Company acts solely as a facilitator in collecting these fees on behalf of the Platform owners.
  • Any receipt or Tax Deduction Certificate (issued for Indian contributors only) will be provided by the Recipient, corresponding to the funds received post-deduction by Upcrowder and the payment gateway. The availability of such receipts has been explicitly mentioned on the fund-raising page, and I comprehend this information. The Company holds no responsibility for issuing Tax certificates or providing associated benefits.
  • Given that the Company aggregates contributions from various sources, my contribution may require up to 45 days from the date of initiation to reach the Recipient.
  • This Agreement shall be governed by and interpreted in accordance with the relevant laws of the Indian Union. Any legal proceedings arising from this Agreement shall fall under the jurisdiction of the courts of Ahmedabad, India exclusively.
  • In case of contributions received via Indian accounts or cards, the funds shall reach our registered bank account from the account of Shree Arbuda Residential Welfare Association (“Company), a not-for-profit registered under the Gujarat Societies Registration Act, and with its operating office in Ahmedabad, Gujarat, India
  • In case of contributions received via Indian accounts or cards, the funds shall reach our registered bank account from the account of Gogrowthhub Foundation (“Company), a not-for-profit Company registered under the company section 8 Act, and with its operating office in Ahmedabad, Gujarat, India
  • In case of contributions outside India, You have the necessary regulatory permissions to receive such funds, Such permissions include but are not limited to the Foreign Contributions Registration Act (FCRA), and others mandated my regulatory authorities.

This Agreement shall be valid for a period of 180 days from the date of signature. The Company may terminate the agreement at any point of time should it have material evidence of wrong utilization of funds, or absence of requisite regulatory approvals to raise funds or carry out the Purpose.

Fund transfer and management

Upcrowder solely facilitates the transfer of funds from funders to campaigners and does not act as the ultimate recipient of funds raised on its platform, except in proprietary crowd-funding campaigns. Upcrowder deducts its transaction fees, inclusive of service tax, and transfers the net amount. In cases where the campaigner has not achieved their funding goal, the transfer amount excludes contributions selected for a refund.

Fund transaction and accountability

The Site provides payment gateways to facilitate fund transactions for campaigns. However, it's essential to note that the Site or the Company.

  • Are not acting as the ultimate recipient of funds directly from contributors; rather, we serve as a service provider enabling the receipt of funds by campaign owners, who serve as the final recipients.
  • Collects funds in the Company's bank account during the campaign's designated duration, transferring these funds to the campaign's bank account 15 days after the campaign's conclusion.
  • Does not facilitate return.
  • Does not generate contributions and contributors for a campaign.
  • Does not guarantee the complete attainment of a campaign's targeted funds.
  • Does not provide the platform for users to invest in a project for equity, loans/debt, or profit-sharing purposes.
Taxation

Campaigners are responsible for any tax obligations arising from funds raised through Upcrowder. These tax liabilities may encompass, but are not restricted to, income tax, VAT, and service tax applicable to the raised funds or the acquisition of rewards. Upcrowder is not obliged to furnish campaigners with additional tax or legal advice beyond the information already available in our FAQs section.

Project completion

While campaigners possess complete project ownership and the authority to see it through, they are held accountable and obligated to conclude the project within the set deadline. Additionally, campaigners are required to maintain regular updates for funders in the event of delays, mitigating potential dissatisfaction among funders. The Company or the Site does not assert any claims or guarantees on behalf of the campaigner regarding project completion or the sole utilization of raised funds for the project's intended purpose. Similarly, the Company or the Website assumes no responsibility for ensuring the completion of projects funded through its Site or their subsequent availability to contributors. Contributors retain the freedom to directly engage with the campaign owner to resolve any disputes arising from the campaign or the project.

Campaign cancellation

Upcrowder retains the authority to reject, cancel, interrupt, remove, or suspend a campaign at its discretion and without prior notice, for any reason deemed necessary. Upcrowder assumes no liability for any resulting damages arising from these actions. As per Upcrowder’s policy, no comments will be provided regarding the rationale behind such actions.

Upcrowder’s Rights

Upcrowder maintains the right to modify its technology platform or crowdfunding services at its discretion, providing proper notification to campaigners and other users. Upcrowder does not customize its offerings for individual campaigners. Users are encouraged to stay informed about all platform changes and policies by regularly reviewing Upcrowder's FAQs or contacting the Company directly.

The Company shall not claim any ownership rights over your User Submissions and Content. However, the Company shall obtain a license to operate and promote the Site, representing both your interests and those of its other Users and itself. You grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and transferable right, and permit others acting on its behalf, to:

  1. Utilize, edit, modify, create derivative works, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and comprehensively exploit your User Submissions and associated trademarks, service marks, slogans, logos, and similar proprietary rights (collectively referred to as the “Trademarks”) in association with:
    • The Site,
    • The Company’s business operations (including those of its successors and assigns),
    • The promotion, marketing, and distribution of the Site (including derivative works) or the service through diverse media formats and channels, encompassing third-party websites, without limitations.
  2. Undertake any necessary actions to facilitate the execution and promotion of the Service;
  3. Allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and
  4. Utilize, publish, and authorize others to utilize and publish the User Submissions, Trademarks, names, likenesses, as well as personal and biographical materials of you and your associated group members, in conjunction with the provision or promotion of the Service.
Third-Party Sites

The Site may allow campaign owners and users to establish connections to other websites or resources available on the Internet, and these external resources might also contain links directing back to the Site. By accessing third-party websites, you accept the associated risks entirely on your own accord. It is acknowledged that the Company does not govern these external websites, and hence, you recognize that the Company bears no responsibility for the content, functionality, accuracy, legality, suitability, or any other aspect of these external websites or resources. Furthermore, the presence of a link to the Site on another website does not imply any endorsement or affiliation with the Company.

Registration

Contributors may exclusively fund a project by registering on the Site utilizing its login procedures.

Payment details

A contribution refers to a voluntary donation provided by a contributor towards a project's campaign hosted on the Site, intended for fundraising purposes. It's essential to note that contributors do not anticipate any financial gains, such as equity or profit shares in the project, nor does their contribution constitute a loan to the project or its campaigner.

Fees and taxes

Contributors provide explicit consent and authorize the Site to deduct applicable commissions from the contributed amount before transferring it to the designated recipient, namely the campaigner.

Payment details

Upon funding a campaign, contributors consent to furnish their name, email address, phone number, billing and shipping addresses. For online contributions, they further agree to provide the essential details of their credit or debit cards through the authorized online payment gateway. Contributors affirm that they will ensure adequate funds or credit availability at the time of making a contribution for a campaign. It is duly acknowledged that credit and debit card details are transmitted confidentially through the online payment gateway and are not disclosed to the Company or the Site.

Other contributor information

Contributors provide authorization for the Site to share their name and contact information with campaigners. This facilitation is intended for the delivery of rewards and establishing communication pertaining to inquiries or updates regarding the funded project.

Refund & Cancellation

Contributions made on the website are designated for projects or individuals focused on social impact as their primary cause. It is understood that these contributions do not constitute the purchase of goods or services. Consequently, once contributions have been made, cancellations or refund cannot be facilitated.

Rights of the project

Contributors acknowledge and agree not to assert any ownership rights over the projects they fund through campaigns on the Site. The full rights and ownership of the project remain vested with the designated campaigner.

Dispute between campaigners and their contributors

The Site or the Company is not obliged to intervene in disputes between Users or between Users and any third party arising from the utilization of the Site.

Rules and Conduct

As a precondition of use, you agree not to employ the Site for any purposes prohibited by the Terms of Use or by law. The Site and its services are exclusively provided for your personal, non-commercial use (except as permitted by these Terms of Use). You are accountable for all activities conducted in connection with the Site and its Services. You shall refrain from, and shall not permit any third party using your account to engage in any action or submit content that:

  1. You shall refrain from presenting information that is knowingly false, misleading, or inaccurate.
  2. Infringe any patent, trademark, trade secret, copyright, right of publicity, or any other rights of individuals or entities, or that contravene any law or contractual agreement.
  3. Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, offensive, profane, or invasive of another’s privacy.
  4. Impersonates any person or entity, including any employee or representative of the Company.
Termination

The Company reserves the right to terminate your access to the Site at its discretion, without prior notice or specific cause, potentially leading to the loss and deletion of all data and information linked to your account. If you wish to terminate your account, then you can send us a email and we may charge fees for deactivation process. This fees are non-refundable.

List of third party resources we have used

People illustrations by Storyset
Work illustrations by Storyset
User illustrations by Storyset

Any queries

Write us at [email protected]