Terms of Use

Introduction

Welcome to www.DonateItems.in("DonateItems / Site"). These are the terms and conditions governing your use of the Site ("herein after referred to as Acceptable Use Policy "AUP"). By accessing DonateItems either through the website or any other electronic device, you acknowledge, accept and agree to the following terms of the AUP, which are designed to make sure that DonateItems works for everyone. This AUP is effective from the time you use DonateItems.in. By accepting this AUP, you are also accepting and agreeing to be bound by the Privacy Policy.

1. Using DonateItems

You agree and understand that www.DonateItems.inis an internet enabled electronic platform that facilitates communication and connection between the donor and the NGOs for the purposes of donation and procurement of goods and/ or services for the social cause. You further agree and understand that we do not endorse or promote any of the listings, postings or information, nor do we at any point in time come into possession of or engage in the distribution of any of the goods and/ or services, you have posted, listed or provided information about on our site. While interacting with other users on our site, with respect to any listing, posting or information we strongly encourage you to exercise reasonable diligence as you would in traditional off line channels and practice judgment and common sense before committing to donation or procurement of any goods or services or exchange of information.

While making use of DonateItems listings and other services such as comments and feedback, you will post in the appropriate category or area and you agree that your use of the Site shall be strictly governed by this AUP.

a. "Your Information" is defined as any information you provide to us or other users of the Site during the registration, postingor listing, in the comments area or in the course of using any other feature of the Services. You agree that you are the lawful owner having all rights, title and interest in your information, and further agree that you are solely responsible and accountable for Your Information and that we act as a mere platform for your online distribution and publication of Your Information.

b. You agree that your listing, posting and / or Information:
• shall “not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal, counterfeit, stolen goods and / or services
• shall not pertain to good , services of which you are not the lawful owner or you do not have the authority or consent to 'list' which do not belong to you or you do not have the authority for

• shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or privacy of any third party;

• shall not consist of material that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality and / or is in the nature of being derogatory, slanderous to any third party;
• shall not be obscene, contain pornography or contain “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
• shall not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms;
• shall not distribute viruses or any other technologies that may harm DoanteItems or the interests or property of DonateItems users or impose an unreasonable load on the infrastructure or interfere with the proper working of DonateItems;
• shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
• shall not be placed in a wrong category or in an incorrect area of the site
• shall not be placed in any other DonateItems site except on the site that relates to the city in which you are located;
• shall not list or post or pertain to information that is either prohibited or restricted under the laws of the Republic of India and such listing, posting or information shall not violate DonateItems Listing Policy

c. You agree that your listing, posting and / or Information: if you use the Site by registering on the Site, you are responsible for maintaining the confidentiality of your User ID, password, email address and for restricting access to your computer, computer system, computer network and your DonateItems account, and you are responsible for all activities that occur under your User ID and password. If you access the Site using any electronic device other than by registration on the Site, the AUP remains applicable to you in the same manner as if you are a registered user on the Site.

2. Eligibility

Use of www.DonateItems.in either by registration or by any other means, is available only to persons, who are Citizens of the Republic of India, who are 18 yrs of age and above and persons who can enter into a legally binding contract, and or are not barred by any law for the time being in force. If you access DonateItems, either by registration on the Site or by any other means, not as an individual but on behalf of a legal entity, you represent that you are fully authorized to do so and the listing, posting or information placed on the site on behalf of the legal entity is your responsibility and you agree to be accountable for the same to other users of the Site.

3. Abuse of DonateItems

You agree to inform us if you come across any listing or posting that is offensive or violates our listing policy or infringes any intellectual property rights to enable us to keep the site working efficiently and in a safe manner. We reserve the right to take down any posting, listing or information and or limit or terminate our services and further take all reasonable technical and legal steps to prevent the misuse of the Site in keeping with the letter and spirit of this AUP and the listing policy.

4. Violations by User

You agree that in the event your listing, posting or your information violates any provision of this AUP or the listing policy, we shall have the right to terminate and or suspend your membership of the Site and refuse to provide you or any person acting on your behalf, access to the Site.

5. Content

The Site contains content which includes Your Information, DonateItems information and information from other users. You agree not to copy, modify, or distribute such content (other than Your Information). When you give us any content as part of Your Information, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use, reproduce, publish, translate, distribute, perform and display such content (in whole or part) worldwide through the Site as well as on any of our affiliates or partners websites, publications and mobile platform. We need these rights with respect to the content in Your Information in order to host and display your content. If you believe that there is a violation, please notify us.

We reserve the right to remove any such content where we have grounds for suspecting the violation of these terms and our Listing Policy or of any party's rights.

6. Liability

You agree not to hold www.donateitems.in or any of its officers, employees, agents responsible or accountable for any of your listing, postings or information and nor shall we, our officers, employees or agents be liable for any misuse, illegal activity or third party content as most postings, listings or information are generated by various users directly and we do not have any role in the creation, publication or distribution of the posting, listing or information, nor are we in a position to have editorial control over the substance or content contained in the listings, postings, or information, save and except to the extent provided in sec 3 above.

You understand and agree that we do not guarantee the accuracy or legitimacy of any listing, posting, information by other users. You further agree that we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the site or as a result of any sale, purchase of goods and services with other users of the site. We also cannot guarantee continuous or secure access to our Services. Accordingly, to the extent legally permitted we exclude all implied warranties, of merchantability, fitness or quality of the Site and our services.

7. Personal Information

By using DonateItems, you agree to the collection, transfer, storage and use of any personal information provided by you on the Site by DonateItems.

8. General

We may update this AUP or the listing policy at any time and may notify you of such updates via a post on the boards and /or through email communications. The modified AUP and /or Listing Policy shall come into effect either at the time you place your next posting, listing or information on the Site or after a period of 30 days from the date of the update, whichever is sooner. If we or our corporate affiliates are involved in a merger or acquisition, we may share personal information with another company, but this AUP shall continue to apply.

9. Third Party Content and Services

DonateItemsmay provide, on its site, links to sites operated by other entities. If the user decides to view this site, they shall do so at their own risk, subject to that site’s terms and conditions of use and privacy policy that may be different from those of this site. It is the user’s responsibility to take all protective measures to guard against viruses or other destructive elements they may encounter on these sites. DonateItems makes no warranty or representation regarding, and do not endorse any linked website or the information appearing thereon or any of the products or services described thereon.

Further, user’s interactions with organizations and/or individuals found on or through the service, including delivery of goods and services, and any other terms, conditions, or representations associated with such dealings, are solely between the user and such NGO and/or an individual. The user should make whatever investigation they feel necessary or appropriate before proceeding with any offline or online transaction with any of these third parties.

10. Indemnity

The User should agree to indemnify and hold DonateItems, its officers, affiliates, successors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content submitted by the user, users use of the service, violation of the TOU, breach by the user of any of the representations and warranties herein, or user’s violation of any rights of another.

11. Governing Law & Jurisdiction

This AUP and the Listing Policy shall be governed and construed in accordance with the laws of the Republic of India and the courts at Delhi shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the Site.

 

Listing Policy

For use of our Site and other services, you confirm and declare that you shall not list or post or provide information in relation to the exchange of goods and services, content or information that are illegal under the laws of the Republic of India and/or are not permitted as per the prohibited items policy listed below.

1. Prohibited Items: We specifically prohibit any listing or posting of classifieds or information in relation to the following items:

Alcoholic Beverages, Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description

Living, dead person and/or the whole or any part of any human which has been kept or preserved by any means whether artificial or natural including any blood, bodily fluids and/ or body parts

"Antiquities" and "Art Treasures" in violation of the provisions of the Antiquities and Art Treasures Act, 1972 ("the Act")

Information or items defamatory, threatening or abusive in nature

Information that is fraudulent, misrepresenting as to the nature and use of the goods or the services.

Counterfeit, Pirated and stolen goods or unauthorized illegal services (services for which you are not licensed or permitted to do or do not have the authority to undertake).

Items, goods and services that infringe or attempt to pass off any third parties intellectual property or rights of publicity or moral rights and or purports' to breach any persons right to privacy.

Electronically transmitting through any medium computer viruses of any type or any computer program that facilitates hacking of a computer system which the intent to damage a computer or computer network or intercept any personal data

Your information shall not include any hate content, that is derogatory or slanderous in nature that may directed to any individual or group or advocate violence against any users individuals and or animals

Hazardous chemicals and pesticides and/ or items in violation of Hazardous Chemicals Act, 1985.

Fireworks, Destructive Devices and Explosives including any material that enables the making of fireworks, explosive triggers and explosive devices

Identity Documents, Personal Financial Records & Personal Information (in any form, including mailing lists)

Lottery Tickets, Sweepstakes Entries and Slot Machines

Items in violation of the Food Adulteration Act, 1954

Military or Police Badges, Uniforms, coats-of-arms and or any Government emblems, insignia, and/ or items in violation of Emblems and names (Prevention of improper use) Act, 1950 and/ or Flag Codes of India Act, 2002

Weapons and related items (such as firearms, firearm parts and magazines, ammunition, tear gas, stun guns, switchblade knives or any other item which is prohibited under the Indian Arms Act, 1959

"Pyramid schemes" and "Multilevel Marketing" and/ or similar scams which are solely listed for the purpose of defrauding users

Spam, abusive, duplicate, listing, fraud schemes (e.g. "Get rich quick" "work at homes" scams which are solely listed for the purpose of duping users)

Inappropriate, Wrong Category (e.g. dining table listed as office furniture).

Incorrect City / Location of Listing


Item Procurement, Usage Policy and Guidelines for NGOs

You will post the item requirements and procure items that are genuinely required by your NGO to serve the purpose or the cause of the NGO.

You will not sell the items procured through Donateitems.in

You will not gift or transfer the items procured through DonateItems.in to anyone who can normally afford to purchase a similar used or new item.

When meeting with the donor, your representative will always carry a valid NGO ID card and a photo ID card.

You will always fix an appointment before meeting the donor. The meeting can be arranged with the donor at a time and place that is mutually convenient to you and the donor.

On receipt of an item through DonateItems.in, you will update the status on DonateItems.in and upload picture of how the item is being used within 5 working days.

If you are making a phone call to the donor, you will do so at a reasonable hour of the day. You will not misuse the phone number of the donor.

For membership renewal after first month, DonateItems.in team may ask for additional information related to the NGO and its operations. You will also need to furnish the details of the items that you received during the course of the period and how you have been using them. A team of DonateItems.in may visit your premises prior to renewal of the membership.

You will cooperate with the representative of DonateItems.in for any information that is required pertaining to the items required or being received by your NGO.

You will provide any information about the NGO and its operations that the donor may ask for.

DonateItems.in reserves the rights to suspend or cancel your membership at any time without giving any explanation if any misuse is suspected or confirmed.

In case the number of items procured by your NGO is higher than normal, DonateItems.in may ask for additional information or visit your premises.

You will delete the item requirement posting from the site as soon as you receive the item for a donor or in case the item is not required anymore.

You will not post any money related requirements. DonateItems is specifically for items donations.