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 Ketto.org.
1. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
3. The domain name www.ketto.org (hereinafter referred to as "Website")is licensed for use by Ketto Online Ventures Private Limited, an Indian Company, duly incorporated under the Indian Companies Act, 1956, with its registered office at 1302-1306, Peninsula Park, Veera Desai Road, Andheri (West), Mumbai -400053 India. Ketto Online Ventures Inc, duly incorporated under General Corporation Law of Delaware is wholly owned subsidiary of Ketto Online Ventures Private Limited (hereinafter both collectively referred to as "Ketto").
4. Your use of the Website and Services and tools are governed by the following terms and conditions as mentioned herein as applicable to the Website including the applicable policies, which are incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, you shall be contracting with Ketto Online Ventures Private Limited and Ketto Online Ventures Inc. and these terms and conditions including the policies constitute your binding obligations, with Ketto.
(i) Ketto is a marketing service provider and the Website merely provides platform services which can be utilized by Users (being Donors / Contributors and Campaigner) and persons browsing / visiting the Website to reach a larger base of people, organizations and causes. Ketto is only providing a platform for communication and it is agreed that the transactions whether gratuitous or otherwise shall always be bipartite between the Donor / Contributor and the Campaigner.
(ii) The Website is a platform that Donors utilize to meet and interact with various Campaigners and the representatives of several non-profit organizations in India. Based on the representations of the campaigns started by such person(s) and/or a cause supported by such Campaigners and Non Profit Organisations in India, Donors enter into transactions for making contributions or sharing information. All information provided about the campaigns, is that which is provided by the respective Campaigner initiating the Campaign and the non- profit organizations in India for which/on behalf of who the campaigns have been started to raise funds.
(iii) The User acknowledges that Ketto is only a marketing service provider and does not verify the bona fides and genuineness of campaigns, and Ketto cannot and does not verify specific data provided by Campaigner. Therefore, Ketto shall not in any manner be responsible or held accountable for any transaction between the Users.
(iv) Ketto has limited control over all campaigns and information listed and / or advertised on the Website and/ or Campaign generated information. It is merely an intermediary and does not interfere in the transaction between Donors / Contributors and Campaigner.
(v) It is hereby clarified that at no time shall Ketto hold any right, title or interest over the funds or rewards (except to the extent as stated herein) or have any obligations or liabilities to provide the same to the Donor / contributor. Ketto is not responsible for unsatisfactory or delayed performance of the Campaign by the Campaigner.
(i) Use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, etc., are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member on Ketto and shall not transact directly (either contribute or Campaign to receive donations / contributions) or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian, parents or through an organization / NGO competent to contract on the Website. Ketto reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Ketto's notice or if it is discovered that you are under the age of 18 years.
(ii) A Campaigner is bound and legally liable to provide accurate, true and correct information in respect of the details of the cause for which the Campaign is hosted and funds are being raised on our Website.
(iii) A Campaigner shall ensure that the description of the Campaign is not misleading and describes the need and use of the funds to be raised. Ketto reserves the right to delete your Campaign if it is brought to the notice of Ketto that the information provided by you is false, does not depict the true nature of the Campaign or is misleading in any manner.
(iv) You shall ensure that the documents and/or information submitted/ disclosed by you to Ketto in support of the Campaign are at all times true, correct, up to date, and does not relate to any other person besides you or the beneficiary.
(v) A Campaigner shall ensure that the information and the fundraiser do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Campaign listings may only include text descriptions, graphics and pictures that describe your Campaign and the need and the use of the funds raised. If any rewards or promotions are being offered to the Donors / Contributors, you acknowledge the same products shall be kept in stock by you and if services personal or otherwise shall be fulfilled by you.
(vi) It shall at all times be the responsibility of the Campaigner to furnish the Donor with an accurate progress report and any other information that may be required by the Donor to track the utilization of the funds donated by the Donor to the Campaigner via Ketto.
(vii) You further agree that by listing your Campaign on the Website, you shall at all times abide by various laws applicable to You, as amended from time to time, including but not limited to the Income Tax Act, 1961, the Foreign Contributions Regulation Act, 2010, the Information Technology Act, 2000, as well as all rules and regulations made under the respective laws. You shall ensure that the you and/ or the beneficiary are not prohibited from raising donations from foreign sources under Section 3 of the Foreign Contribution (Regulation) Act of 2010, or any other applicable law for the time being in force; and it shall be your responsibility to ensure that all the licenses/ permissions procured by you/the beneficiary (as the case may be) in relation to the Campaign are valid and subsisting throughout the duration of the Campaign and while the donated funds are being utilized by the beneficiary.
(viii) If you or the beneficiary on behalf of whom you are raising funds, have ever been, or during the course of the Campaign are, investigated for and/ or charged with any crime of or relating to theft, fraud, embezzlement, moral turpitude, money laundering, forgery, misrepresentation or terrorist activities or blacklisted by any governmental authority in any country, including under any sanctions list maintained by the United States Office of Foreign Asset Control, you should report this to Ketto promptly. You acknowledge that in such cases, Ketto may, without any liability accruing to Ketto, at its sole discretion, (i) terminate/ suspend the campaign and/ or return all or part of the donations to the respective Donors and/ or, (ii) where the donations have already been disbursed to you, require you to refund all or part of the donations. Ketto may also terminate/ suspend your membership and/or use of the Website. The rights and remedies of Ketto under this section shall be in addition to its rights in law or equity.
(ix) You shall fully and accurately disclose all material facts relating to the beneficiary, purpose and campaign, and not withhold from disclosure any material fact. If any information provided by you were to, or likely to, become not true, correct or complete at any time (for example, due to expiry of permissions, change of purpose, death of beneficiary, etc.), you shall promptly notify Ketto and to Donors in writing.
(xi) You shall withdraw/utilise the funds raised on our platform within 45 days from the end of campaign. Ketto reserves the right to refund/make payout to the beneficiary on it’s own in case the campaigner do not withdraw the funds within 45 days from the end date of campaign.
(xi) We may require you to periodically update/re-attest your/ the beneficiary’s eligibility to receive donations, including in connection with application foreign donation laws. In this regard, you may be required to certify that the information/ documents provided by you are up to date, accurate and valid. You shall do so promptly when requested, and at your own cost. Your failure to provide updates or relevant documentations would constitute a breach by you of these terms.
1. Any person who fulfills the eligibility criteria set out in clause 2 above shall be permitted to donate an amount higher than Rs. 100 or USD 10 in value to any Campaign started/listed on the Website by any Campaigner (“Donor”).
2. The Donor hereby agrees to make the payments for any Campaign as per the terms and conditions stated herein.
3. The Donor further agrees and declares that the Donor is aware that Ketto has no responsibility to verify the accuracy of any statement and/or information furnished by the Campaigner with respect to any Campaign pursuant to which the Donor has donated moneys(s) for any Campaign via Ketto on the Website.
4. The donor will be sent timely updates about the progress/status of the fundraiser from both the Campaigner and Ketto via SMS and email. In case one wants to opt out of this service, they need to log into their Ketto profile and disable the communications for that campaign.
5. Through the Website, Donors may obtain access to certain information about the Campaigner and beneficiaries, including means of direct communication. Nothing in these terms shall be viewed as Ketto certifying that the Campaign information provided is unqualified, error-free, exhaustive and/ or warranted by Ketto. The Website affords Donors an opportunity to ask Campaigners questions concerning the Campaign and otherwise test the soundness of any campaign. While making a donation through the Website, the Donor shall conduct their independent due diligence with respect to any information/Campaign listed by a Campaigner (which includes the non- profit organization in India) before making any donations on the Website. Ketto shall not be responsible in any manner for any misrepresentation and/or false information that may be listed on the Website. The Donor should not rely on Ketto or its affiliates for the accuracy, completeness or adequacy of the information supplied on the Website. Moreover, Donors should note that neither Ketto nor any of its affiliates or employees track, represent or warrant that Campaigners or the beneficiaries use the donated funds in the manner and for the purpose represented by them.
6. In the event a Campaign is listed by any person on behalf of a non –profit organization in India, the Donor shall approach only the particular non- profit organization in India for which the Donor has donated the money to track the utilization of the funds or any other information that may be required by the Donor. The Donor hereby agrees and declares that the Donor is aware that Ketto shall at no point of time be held answerable or accountable for any money(s) once the funds donated have been handed over to the non-profit organization in respect of which donations have been made.
7. Impact Coupons - User needs to log onto ketto.org, where the person can browse all campaigns on Ketto and contribute INR 100 to any one Campaign without paying anything using this coupon. User needs to be logged in via Facebook and can be used only once per user. Multiple usage by the same account will not be allowed.
8. In the event that a Campaign is terminated prematurely for any reason, including due to the death of a Campaigner or their early recovery, etc., all or a part of the donations received may be unutilized. In such cases, Ketto reserves the right to divert the unutilized donations to any other active Campaign on its Platform. Ketto shall endeavor to redeploy the unutilized contribution within 45 days of determining that it cannot be utilized for the Campaign for which it was originally received. If Ketto is unable to redeploy the contributions within the time specified, the entire amount donated will be refunded to the Donor’s account. We will notify you once the contributions have been redeployed.
9. Donors hereby authorize Ketto and its service providers to collect, process, facilitate and remit funds through regular banking channels, payment, clearance, and settlement systems.
10. Ketto reserves the right to (i) delay payments (without payment of interest), or refuse to process payments by any Donor, including for any questionable transactions, and/or (ii) terminate/suspend a campaign in relation to the said questionable transactions. This includes, without limitation, suspected collusion between the Donor and Campaigner to bring about false impressions, mislead other Donors or breach/ violate any law or further any charges imposed by issuing banks, or generally breach of any governmental policies or applicable laws.
(i) When you use the Website or send emails or other data, information or communication to Ketto, you agree and understand that You are communicating with Ketto through electronic records and you consent to receive communications via electronic records from Ketto periodically and as and when required. Ketto may communicate with you by email or by such other mode of communication, electronic or otherwise.
(i) All commercial/contractual terms are offered by and agreed to between the Campaigner and Donors / Contributors alone. The commercial/contractual terms include without limitation the representations made by the Campaigner including, amounts to be raised, use of the funds raised, costs incurred, payment methods, payment terms, warranties related to the final use of the funds, the effectiveness of the utilization of the funds, the impact of the campaign, the rewards offered by the Campaigner and the contributions made by the Users. Ketto does not have any control or does not determine or advise or in any way involve itself in either determining any details of the Campaign or the offers of Campaigner or acceptance of such commercial/contractual terms between the Donors / Contributors and the Campaigner.
(ii) Ketto does not make any representation or warranty as to specifics (such as final utilization of funds, value, impact, rewards, etc.) of the campaigns on the Website, other than those representations that are expressly made for individual campaigns. Notwithstanding any representations made, Users are free to independently verify the veracity of any statement made on the Website. Ketto does not implicitly or explicitly support or endorse any of the campaigns on the Website. Ketto accepts no liability for any errors or omissions, whether on behalf of itself or any Campaigner.
(iii) Ketto is not responsible for any non-performance or under-performance of any of the commitments made by the Campaigner or for any contractual obligations (E.g. Rewards) entered into between Contributors and the Campaigner. Ketto cannot and does not guarantee that the concerned Campaigner will perform any commitment concluded on the Website. The Campaigner shall at all times be responsible for and ensure that the performance of the Rewards offered by them, in the event of any failure of the fulfilment of the obligations of the Campaigner, the same shall be settled between the parties directly and Ketto shall not be held responsible for any such default/non-performance of the obligations of the Campaigner and at no time shall Ketto be required to mediate or resolve any dispute or disagreement between Donors and Campaigner. However, Ketto does welcome feedback as well as grievances of Users to be brought to its attention so that it may take steps that it deems appropriate for improvement of the User experience on the Website.
(iv) Ketto does not make any representation or warranty as to the Campaign specifics (such as the eventual impact, use of funds, efficiency of Campaigner, etc) of any of its Campaigner. You are advised to independently verify the bona fides of any particular Campaigner that you choose to donate or contribute to, on the Website and use your best judgment in that behalf.
(i) Ketto does not charge any fee for browsing on the Website. Ketto's charges are limited to the facilitation fee (including platform / collection fees and transactional charges) which is charged to the beneficiaries of the funds raised on Ketto on the terms and conditions agreed to between Ketto and the beneficiaries of the funds independently. Ketto reserves the right to change its Fee Policy from time to time. In particular, Ketto may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Ketto reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.
(iii) Ketto runs advertising campaigns on behalf of its campaigners for which it deducts the full advertising expense apart from the facilitation fee before transferring the funds to the beneficiary.
You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
(i) You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which you do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number),rights of publicity, or sale of counterfeit/stolen items;
(i) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (including those not directly linked to or accessible from another page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) contains a video, photographs, or images of another person;
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
(o) engages in commercial activities and/or sales without Ketto’s prior express and written consent, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Website;
(p) solicits gambling or engages in any gambling activity which could be construed as being illegal;
(q) interferes with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services;
(s) harms minors in any way;
(t) violates any law in force for the time being;
(u) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(v) impersonates another person or entity;
(w) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; or
(x) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence, or is insulting to any other nation.
(ii) You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Ketto reserves the right to bar any such activity.
(iii) You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems, server, computer, or networks connected to the Website, , or to any of the Services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
(iv) You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
(v) You may not reverse look-up, trace or seek to trace any information on any other individual accessing the Website, or of any other customer, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any manner, including but not limited to reveal any personal identification or information, other than your own information, as provided for by the Website.
(vi) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Ketto, or the brand name or domain name used by Ketto, or otherwise engage in any conduct or action that might tarnish the image or reputation of Ketto on any platform, and/or otherwise tarnish or dilute any of Ketto's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
(vii) You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Ketto systems or networks, or any systems or networks connected to Ketto.
(viii) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
(ix) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website.
(xi) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and rules made thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws (specifically the Foreign Contribution Regulation Act, 2010 and the rules made thereunder), Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. Further, no donation for reward or otherwise shall be made for any reason or as consideration for any transaction other that which is the subject of the campaign, and in no event shall any donation be used for any purpose that is considered unlawful or against public policy as per the applicable laws in India.
(xiii) From time to time, you shall be responsible for providing information relating to the donations made by you and disclose it under applicable laws. In this connection, you undertake that all such information shall be accurate in all respects and that only you shall be solely responsible for any incorrect or knowingly false information provided by you.
(xvi) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
(xvii) It is possible that other Users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
(xviii) Ketto shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
(xviii) Services Description: The Services are offered as a platform (the "Platform") to users of the Services, which may include Campaigners and Donors and other registered users of the Services (which may include users who simply "like" campaigns or otherwise interact with the Website or Services). Among other features, the Services are designed to allow Campaigners to post a fundraising campaign ("Campaign") to the Platform to accept monetary donations from those registered users wishing to contribute funds to the Campaign. For purposes hereof, the term "Campaigners" shall also be deemed to include any individual(s) designated as a beneficiary of a Campaign. Although there are no fees to set up a Campaign, a percentage of each donation will be charged as fees for our Services and those of our third-party payment processors. Please see our Charges section for details.
The Services are a Platform; we are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. Ketto facilitates the donation transaction between Campaigners and Donors, but is not a party to any agreement between a Campaigner and a Donor, or between any user and a Charity. Ketto is not a broker, agent, financial institution, creditor or insurer for any user. Ketto has no control over the conduct of, or any information provided by a Campaigner or a charity, and Ketto hereby disclaims all liability in this regard. Anyone is free to report issues related to a campaign on Ketto, and Ketto will take necessary action to the best of its abilities.
Ketto 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, Campaigner, 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, Campaigner, or charity. You can write to us for any clarification, and we shall make our best effort to share the information that we have.
While we try our best to do so, we cannot and do not verify the information that Campaigners supply We cannot guarantee that donations will be used in accordance with any fundraising purpose prescribed by a Campaigner or charity. We assume no responsibility to verify whether the donations are used in accordance with any applicable laws, and such responsibility rests solely with the Campaigner or charity, as applicable. We take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Campaigner or charity is not raising or using the funds for their stated purpose, please use the "Report" button on the Campaign to alert our team of this potential issue and we will investigate to the best of our abilities. You, as a campaigner, 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; and (ii) all donations contributed to your Campaign will be used solely as described in the materials that you post; and (iii) you will comply with all relevant local, state, and Union laws applicable to you when you solicit funds, particularly but not limited to laws relating to your marketing and solicitation for your project. We reserve 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.
The terms and conditions that apply to a Campaign Organiser (Campaigner) are:
9A. You, on behalf of yourself, the beneficiary and each of your respective representatives irrevocably and unconditionally, knowingly and voluntarily:
You acknowledge and understand that (i) nothing contained in this section or these terms is intended to impose on Ketto any initial or continuing obligation to conduct or monitor or investigate your and/ or the beneficiary’s background, and (ii) in the event in the course of its investigations or otherwise, Ketto were to come into possession of any information relating to the commission of (or any scheme, stratagem or conspiracy for the commission of) any breach of applicable laws or crime by you or the beneficiary, including but not limited to any crime relating to misrepresentation/fraud, forged documents, money laundering, criminal or terrorist financing, unlawful procurement of foreign funds, then in any such event, Ketto may take steps as per applicable laws including inform any governmental authority and otherwise cooperate with governmental authorities without any obligation to first or subsequently notify you or the beneficiary.
Ketto grants Campaigners a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Funds raised through Ketto", "Powered by Ketto" and/or "via Ketto" name and/or logo on Campaigners' invoice / certificate of donation for transactions concluded on the Website. Further, Ketto grants Campaigners a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Ketto.org" name and/or logo on stationery used by the Campaigner for delivery of communications / receipts / certificates, etc., through the Website.
(i) Ketto does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to affiliates and / or third party websites using the Website's APIs or otherwise. In addition, the Website may provide links to third party websites of our affiliated companies and certain other businesses for which, Ketto assumes no responsibility for examining or evaluating the products and services or generally information offered by them. Ketto does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Ketto does not endorse, in any way, any third party website(s) or content thereof.
(ii)The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. Ketto has no control over such sites, services and resources and Ketto is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that Ketto will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource.
(iii) Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Ketto is not liable for any loss or claim that you may have against any such third party.
(v)In addition, Ketto is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Ketto is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Ketto enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
(i) This Website, all the materials and information (including but not limited to campaigns) and Services, included or otherwise made available to you through this site are provided on a "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Ketto does not warrant that:
(ii) Ketto will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. Nothing on the Website constitutes, or is meant to constitute, advice of any kind.
(iii) You will be required to enter a valid phone number and e-mail address while making a donation / contribution on the Website. By registering your phone number and e-mail address with us, You consent to be contacted by us and/or the Campaigner via phone calls and / or SMS notifications, in case of any reward or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS unless the same is consented to by you. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. KETTO AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. KETTO AND ITS AFFILIATES MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
(i) While availing any of the payment / donation / contribution method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
(ii) All payments made towards the donations / contributions on the Website by you, shall be compulsorily in Indian Rupees acceptable in the Republic of India if you are an Indian National and using an Indian payment gateway. All payments made towards the donations / contributions on the Website by you, shall be compulsorily through the Foreign Payment Gateway if you are making payment in any currency other than INR. The Website will not facilitate transactions through the Indian Payment Gateway with respect to the donations / contributions made on Website if you are not an Indian national.
(iv) You understand, accept and agree that the payment facility provided by Ketto is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through, collection and remittance facility for the Transactions on the Website using the existing authorized banking infrastructure, card payment gateway networks and settlement service providers. Further, by providing payment facility, Ketto is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
(v) Ketto reserves the right to refuse to process Transactions by Donors / Contributors with a prior history of questionable transactions including without limitation to collusion between the Donor and Campaigner to bring about a false impression or mislead other Users of the Website or breach / violation of any law or any charges imposed by Issuing Bank or breach of any policy.
(vi) Ketto may delay notifying the payment / transaction confirmation, i.e., informing the Campaigner, if Ketto deems the transaction to be suspicious. In addition, Ketto may hold the transaction price / amount and inform law enforcement officials (instead of refunding the same to Donor) at the request of law enforcement officials or in the event the Donor / contributor or Campaigner for that matter, is engaged in any form of illegal activity.
(vii) The Donor / Contributor acknowledge that Ketto will not be liable for any damages, interests or claims etc. resulting from not processing a transaction / transaction price or any delay in processing a transaction / transaction price which is beyond control of Ketto.
(viii) Ketto shall make payments, net of its costs, charges and fees into the bank account provided by the Campaigner during Campaigner registration process. Once Ketto has made payments into such bank account number Ketto shall be discharged of any/all liability towards the Campaigner and contributors/donors and the Campaigner, donors, contributors shall not be eligible for any claims and/or refunds thereof.
(i) You, as a Campaigner, shall be required to register yourself with Ketto and provide Ketto with all the necessary information as may be deemed by Ketto from time to time including but not limited to banking details / income tax details such as PAN and registration certificates under various provisions and laws, etc. Further, you shall fulfill the commitments made to the Donor / contributor in the manner as detailed in the Campaign and in a timely manner. Ketto may seek information regarding the use of the funds raised by the Campaigner even after the campaign has ended and provide the details to the Donors / contributors.
(ii) The funds collected towards each campaign shall be transferred to you (net of Ketto Fees, payment gateway charges and applicable taxes) as per the details provided by you after 15 days of completion of the campaign or as per withdrawal request. If at any time either during or after the campaign, you are unable to fulfill your commitments, or out of requirement under law, you shall return the money to the Donor / Contributor within a timely manner.
(iii) Remittances to the Campaigner for their successful transactions under payment facility excluding cheque payments transactions would be in compliance with applicable directions issued by Reserve Bank of India. Remittance to the Campaigner for cheque donations / contributions shall be made through cheque/ demand draft or online bank transfer to Campaigner bank a/c.
(iv) Ketto shall settle all amounts net of its fees to the accounts of the Campaigner, in accordance with the applicable guidelines the Reserve Bank of India.
(v) If for any reason there is a chargeback on a transaction/donation to Ketto and if the funds are already transferred by Ketto to the Campaigner/beneficiary the Campaigner/beneficiary will be liable to refund the amount that has been charged back to Ketto.
The Donor / Contributor shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 2010 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using the payment facility and Website.
(i) All valid credit/debit/cash card and other payment instruments are processed using a card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Donor / contributor and the respective issuing bank and payment instrument issuing company.
(ii) All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank, which support payment facility to provide these Services to the Users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between the Donor / contributor and the respective issuing bank.
(i) Without limiting other remedies, we may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
(i) The Campaigner shall indemnify and hold harmless Ketto, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees (”Indemnified Parties,”), against all claim, actions, penalties, prosecution, proceedings demand losses, disputes, charges, penalty, costs and expenses including reasonable attorneys' fees, that may arise or may be incurred by the Indemnified Parties as a consequence of any default, breach, non-observance, non-performance or negligent act whatsoever by the Campaigner (or its beneficiary) of any terms, conditions, stipulations, provisions and/or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party more particularly stated herein and/or in any individual agreements executed by Ketto and the User.
(i) The User hereby agree and state that Ketto is only a service provider to enable non profit organizations in India and Campaigners to market/publicize/create awareness/advertise their respective cause/campaigns and Ketto shall in no way be responsible for the performance and/or liable for any mis-representation of any information provided by the Campaigner in any manner whatsoever.
Services Content, Software and Trademarks: you acknowledge and agree that the Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by Ketto, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Ketto from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Ketto, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Ketto.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to Ketto are non-confidential and Ketto will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Copyright Complaints: Ketto respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Ketto of your infringement claim in accordance with the procedure set forth below.
Ketto will process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Ketto's Copyright Agent at info@Ketto.org (Subject line: "Takedown Request").
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received, Ketto will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Ketto has adopted a policy of terminating, in appropriate circumstances and at Ketto's sole discretion, users who are deemed to be repeat infringers. Ketto may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
(i) Any dispute involving Ketto, whether as a formal party or otherwise shall be resolved by arbitration of a sole arbitrator appointed by Ketto and in accordance with the Indian Arbitration and Conciliation Act, 1996. The seat of arbitration shall be in Mumbai and the language to be used in all proceedings shall be English.
(ii) Ketto and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
Every recipient (Campaigner on Ketto) has to verify her identity per the Know Your Customer (KYC) in the guidelines. This will include verification of registered mobile number via a One Time Password (OTP), and one of the identification documents, viz., Permanent Account Number, Aadhar Card Number, Passport, etc., recognised by the Reserve Bank of India. The list of such registered documents will be updated on the Website, at Ketto’s sole discretion, from time to time.
The verification will be essential to withdraw funds from Ketto, and may be asked by Ketto, at its sole discretion, during the course of a campaign. Failure to comply, may result in cancellation of a fundraising campaign, and funds may be returned to Donors in such a scenario.
Your location as reflected on your campaign page must match your legal residence that you submit to Ketto when you create a withdrawal request. Campaigners may not create multiple campaigns without proof of meeting fulfilment obligations from the original campaign. Failure to adequately fulfil campaign obligations may result in Ketto removing the campaign(s) and seeking reimbursement of campaign funds raised, including by using third-party collections services. Only the Campaigners shall be permitted to collect campaign funds.
Ketto may attempt to verify the identity and other information provided to us by Campaigners, and we may delay, withhold, reverse or refund any contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Campaigners’ eligibility is subject to Ketto’s review of the fulfilment status of prior crowdfunding obligations.
Taxing authorities may classify funds raised as taxable income to the Campaigner and any beneficiary who will receive funds directly from the applicable campaign. Ketto shall not be liable for any taxes payable on the contributions received. Ketto will ask for the personal account number / tax identification number (e.g., PAN) of Campaigners and any beneficiaries so that we may report taxable income to the relevant taxing authorities.
(iii) For contributors on Ketto.org, only standard channels of payment - verified credit or debit cards, net banking, cheque, or cash (up to limits allowed by the RBI) - will be allowed. In case of cash payments, all payments above INR 24,999 have to be furnished with the Permanent Account Number of the contributor.
Recipients (campaign organisers, whether individuals or organizations) must comply with foreign exchange rules, as explained by the Foreign Exchange Management Act, 1999, of the RBI & FCRA guidelines. The recipient if an individual or a non-government organization also understands that it needs to comply with FCRA guidelines by applying for an FCRA certificate and inform the Central Government in Form FC-1 within thirty days from the date of receipt of such contribution whenever applicable. This form is available on the website.
The recipients acknowledge and agree that Ketto does not verify this information and it’s the responsibility of the recipient to procure the necessary approvals and do the necessary compliance before they withdraw the foreign funds received for the campaign. By asking to withdraw the foreign funds its understood by Ketto that the recipient has completed the necessary documentation.
(iv) AML policies will be updated time to time at the sole discretion of Ketto.
We comply with the Anti-Money Laundering (AML) guidelines established by the Reserve Bank of India, vide it's circular RPCD.RRB.RCB.AML.BC.No.02/07.51.018/2014-15 on 1 July, 2014 and updated from time to time. The guidelines include, but is not limited to, the following salient conditions:
Every recipient (campaign organisers on Ketto) has to verify her identity per the Know Your Customer (KYC) in the guidelines. This will include verification of registered mobile number via a One Time Password (OTP), and one of the identification documents viz. Permanent Account Number, Aadhar Card Number, Passport etc. recognised by the Reserve Bank of India. The list of such registered documents will be updated on Ketto.org site, at its sole discretion, from time to time.
The verification will be essential to withdraw funds from Ketto, and may be asked by Ketto, at its sole discretion, during the course of a campaign. Failure to comply, may result in cancellation of a fundraising campaign, and funds may be returned to donors in such a scenario.
Your location as reflected on your Campaign page must match your legal residence that you submit to Ketto when you create a withdrawal request. Campaign Owners may not create multiple Campaigns without proof of meeting fulfillment obligations from the original Campaign. Failure to adequately fulfill Campaign obligations may result in Ketto removing the Campaign(s) and seeking reimbursement of Campaign funds raised, including by using third-party collections services. Only the Campaign Owner shall be permitted to collect Campaign funds.
Ketto may attempt to verify the identity and other information provided to us by Campaign Owners, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Campaign Owner eligibility is subject to Ketto’s review of the fulfillment status of prior crowdfunding obligations.
Taxing authorities may classify funds raised on the Services as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. Ketto will ask for the personal account number / tax identification number (PAN) of Campaign Owners and any beneficiaries so that we may report taxable income to the relevant taxing authorities.
For contributors on Ketto.org, only standard channels of payment - verified credit or debit cards, netbanking, cheque, or cash (upto limits allowed by the RBI) - will be allowed. In case of cash payments, all payments above INR 24,999 have to be furnished with the Permanent Account Number of the contributor.
Recipients (campaign organisers, whether individuals or organizations) will comply with foreign exchange rules as explained by the Foreign Exchange Management Act of the RBI & FCRA guidelines. The recipient if an individual or an non-government organization also understands that it needs to comply with FCRA guidelines by applying for an FCRA certificate and inform the Central Government in Form FC-1 within thirty days from the date of receipt of such contribution whenever applicable. This form is available on the website
The recipients acknowledge and agree that Ketto does not verify this information and it’s the responsibility of the recipient to procure the necessary approvals and do the necessary compliance before they withdraw the foreign funds received for the campaign. By asking to withdraw the foreign funds its understood by Ketto that the recipient has completed the necessary documentation.
You agree that you are solely responsible for your interactions with any other user in connection with the Services and Ketto will have no liability or responsibility with respect thereto. Ketto reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
Please send any questions or comments regarding this Website to email@example.com
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Varun Sheth
Ketto Online Ventures Private Limited
Unit No. 20, Andheri Industrial Estate,
Off Veera Desai Road,
Andheri West, Mumbai- 400 053 (India)
Time: Mon - Sat (9:00 - 19:00)