This web site www.helpinghands.gives (the “Site”) is published and maintained by Cajetan Rodrigues (“HelpingHands.gives”), (together with its affiliates and referred to as “us”, “We” or “our”).
We act as an “Intermediary” to facilitate you to take an informed decision to donate to the needy and the poor. You acknowledge that we merely facilitate you in profiling the needy and submit a report of the needy, based on which you may take the decision to donate to the respective needy individual.
1. Services and its Scope
(i) Helping Hand Gives is a peer-to-peer platform whereupon Donors themselves introduce and assist needy and poor people and Donors are ensured and satisfied that contributions directly reach the Donees.
(ii) The Website merely provides platform services which can be utilized by Users (being Donors / Contributors for verification of the Donee’s status vis-a-vis the need claimed by the Donee.
(iii) “Helping Hand Gives” 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 and the Donee.
(iv) “Helping Hand Gives” facilitates by only providing services of verifying and checking the background of the Donee and the credibitly of the need sought by the Donee. “Helping Hand Gives” does not collect money or endorses or provides any assurance of the donations of contributions. The decision to donate lies totally with the Donor.
(v) “Helping Hand Gives” is a free service website where the servicescarried out by “Helping Hand Gives” shall not be charged or levied with any fee or surcharge.
(vi) The service of “Helping Hand Gives” is only limited to place the facts of Donee along with the observations made during the verification process of the Donee.
(vii) All verification done by “Helping Hand Gives” is strictly on the basis of the information made available to “Helping Hand Gives” and that “Helping Hand Gives” shall place bare facts of the Donee’s status post the verification and enquiry, upon which the Donor shall take the decision to donate.
(viii) The User/Donor acknowledges that “Helping Hand Gives” is only a fact finding service provider and “Helping Hand Gives” is not indulge in inquisitorial mechanism. Therefore, “Helping Hand Gives” has no responsibility to verify the accuracy of any statement and/or information furnished by the Donee with respect to any campaign pursuant to which the Donor has donated moneys(s). “Helping Hand Gives” shall not in any manner be responsible or held accountable for any transaction between the Users/Donor or the decision taken .
(ix) “Helping Hand Gives” has limited control over all information listed and / or advertised on the Website by the Donor’s and is merely an intermediary and does not interfere in the transaction between Donors / Contributors and Campaigners.
(x) It is hereby clarified that at no time shall “Helping Hand Gives” hold any right, title or interest over the funds or rewards (except to the extent as stated herein) or have any obligations or liabilities in respect of such providing the same to the Donor.
2. Eligibility of the User
Use of the Site/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 Site/Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member on “Helping Hand Gives” and shall not transact directly (either contribute donations / contributions) or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian, parents competent to Contract on the Website. “Helping Hand Gives” reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to “Helping Hand Gives” notice or if it is discovered that you are under the age of 18 years.
A Donor is a person who accesses and uses the Website to help needy and poor individuals by doing any of the following acts:
a. Referring a Donee and his need on the website
b. Making payments and contributions directly to the needy.
c. Facilitating the working of the Website by contributing resources
The Donor hereby agrees to make the payments to any needy as per the terms and conditions stated herein.
It is the Donor’s sole prerogative and decision to make the donation and he may avail the verification service of “Helping Hand Gives”. The Donor shall before making any donations, conduct their independent due diligence with respect to any Donee listed on the Website as “Helping Hand Gives” shall not be responsible in any manner for any misrepresentation and/or false information that may be listed on the Website.
The Donor shall directly make the payment to the respective Donee and “Helping Hand Gives” shall not accept payments or contributions on behalf of any Donee.The Donor further agrees and declares that the Donor is aware that “Helping Hand Gives” just collates the facts of the Donee and presents it to Donor “Helping Hand Gives” has no responsibility to verify the accuracy of any statement and/or information furnished by the Donee with respect to any campaign pursuant to which the Donor has donated moneys(s).
“Helping Hand Gives” has no responsibility towards the Donors for the contribution/donations made as the sole beneficiary of the contribution is the Donee.
A Donee is a person who is a needy person and who has been listed on the Website by one of the Donor. At present only the following needs shall be addressed:
a. Urgent Medical Expenses
b. Basic Educational Expenses
The Donee referred by the Donor shall be listed on the Website and we shall collate all the facts including credentials and bank accounts where the Donor will have to make the payment. The Donee is responsible for the facts furnished by him and “Helping Hand Gives” has no responsibility to verify the accuracy of any statement and/or information furnished by the Donee.
The Donee cannot campaign or promote his cause or contact the Donor directly, the Donee cannot in any manner prejudice or bias the decision of the Donor to contribute. In event this is found, the Donee and his listing shall be barred from the Website and appropriate action shall be taken against such Donee along with reporting to necessary enforcement authorities.
“Helping Hand Gives”
5. User Account and Registration Obligations
6. Verification Process
Every Donee can be introduced by the Donor who is registered by the Website (“Initiating a Campaign”). The Donor shall fill a e-form reporting of the prospective Donee and his need. At “Helping Hand Gives” for the prospective Donees referred by the Donors we undergo a verification process to place before the Donors using the Website the facts pertaining to need claimed by the Donee.
The verification process is a 3-part process consisting of the following:
Step 1: Application Level- At this step we shall get in contact with the Donee and take primary details of the Donee along with the brief of the need and the quantum of aid required. This process shall be done telephonically by our representatives
Step 2: Scrutiny of the Donee- The Donee shall meet our representatives in person and apprise of the need along with necessary documentation and relevant supporting that are required to verify the Donee. At this stage, our representative will profile the Donee based on his background, social status, genuineness of the need. This is achieved through the help of a unique questionnaire answered by the Donee.
Step 3: Cross-Verification: Our representatives will visit the residence of the Donee and cross verify the data provided by the Donee.
Based on the above steps, “Helping Hand Gives” shall provide a factual report of the Donee. The Donor will be able to view the factual report of the respective Donee by accessing the Wesbite through his account. The Donor may view the factual report and take the decision to donate or contribute towards the need of the Donee.
“Helping Hand Gives” only collates the facts of the Donee based on the information given by the Donee. The verification process is not an endorsement or promotion of the need of the Donee by “Helping Hand Gives”. The decision to donate lies solely upon Donor.
When You use the Website or send emails or other data, information or communication to “Helping Hand Gives”, You agree and understand that You are communicating with “Helping Hand Gives” through electronic records and You consent to receive communications via electronic records from “Helping Hand Gives” periodically and as and when required. “Helping Hand Gives” may communicate with You by email or by such other mode of communication, electronic or otherwise.
8. Platform for Information, Communication and Transaction
The Website is a platform that Donors utilize to meet and interact with various other Donors who initiate the campaign and/or support a cause by making contributions or sharing information. All information provided about the campaigns, is that which various Donors and Donee provide. “Helping Hand Gives” is mere aggregator of such information.
“Helping Hand Gives” does promote or compel anyone to make contributions, all contributions are voluntary and free from any incentive or charge.
“Helping Hand Gives” shall not in any manner be responsible or held accountable for any transaction between the Users.and the campaign.
All commercial/contractual terms are offered by and agreed to between the Donors and Donees. The commercial/contractual terms include without limitation the representations made by the Donees 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, and the contributions made by the Donors. “Helping Hand Gives” 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 to donate or contribution made thereto.
“Helping Hand Gives” does not make any representation or Warranty as to specifics (such as final utilization of funds, value, impact, rewards, etc.) on the Website. Notwithstanding any representations made, Donors are free to independently verify the veracity of any statement made on the Website or the Donee. “Helping Hand Gives” does not implicitly or explicitly support or endorse any of the Donee on the Website. “Helping Hand Gives” accepts no liability for any errors or omissions, whether on behalf of itself or any of the Donee.
“Helping Hand Gives” is not responsible for any non-performance or under-performance of any of the contributions made by the Donors. “Helping Hand Gives” cannot and does not guarantee that the concerned Donee will perform any commitment concluded on the Website. The Donees are at all times be responsible for the facts and representations made by them, “Helping Hand Gives” shall not be held responsible for any such default by the Donee and at no time shall “Helping Hand Gives” be required to mediate or resolve any dispute or disagreement between Donors and Donee. However, “Helping Hand Gives” 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
“Helping Hand Gives” does not make any representation or warranty as to the campaign of any of its Donee. You are advised and free to independently verify the bona fides of any particular Donee that you choose to donate or contribute to, on the Website and use your best judgment in that behalf.
“Helping Hand Gives” does not charge any fee for browsing on the Website or facilitating the contributions between the Donor and Donee.
However, for the running and upkeep of the Website the Donors may contribute resources in kind or provide with the infrastructure for running the Website.
“Helping Hand Gives” reserves the right to change its Fee Policy from time to time. In particular, “Helping Hand Gives” 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 “Helping Hand Gives” reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.
10. General Rules for the Use of the Website
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 does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; 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) or rights of publicity];
(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 (those not linked to or from another accessible 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 (with a minor or an adult).
(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 our prior express and written consent such as 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 “Helping Hand Gives”, in Our sole discretion, believes is or 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) Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(u) Violates any law for the time being in force;
(v) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) Impersonates another person;
(x) 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;
(y) 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 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. We reserve our 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 or networks connected to the Website or to any server, computer, network, 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, neither connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or 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 way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
v) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about “Helping Hand Gives” or the brand name or domain name used by “Helping Hand Gives”, or otherwise engage in any conduct or action that might tarnish the image or reputation, of “Helping Hand Gives” on any platform or otherwise tarnish or dilute any of “Helping Hand Gives” 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. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or “Helping Hand Gives” systems or networks, or any systems or networks connected to “Helping Hand Gives”.
vi) 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.
vii) 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. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
ix) 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 or contribution either 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 or contribution be used for any purpose that is considered unlawful or against public policy as per the applicable laws in India.
xi) From time to time, You shall be responsible for providing information relating to the donations / contributions made by you and required to be disclosed 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.
xiv) 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.
xv) 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.
xvi) “Helping Hand Gives” 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).
11. Contents Posted on Site
12. Linked Websites / APIs
“Helping Hand Gives” 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, Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, “Helping Hand Gives” assumes no responsibility for examining or evaluating the products and services or generally information offered by them. “Helping Hand Gives” does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). “Helping Hand Gives” does not endorse, in any way, any third party website(s) or content thereof.
14. Disclaimer of Warranties and Liability
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, “Helping Hand Gives” does not warrant that:
This Website will be constantly available, or available at all; or
The information on this Website is complete, true, accurate or non-misleading save and except as provided herein and which information is provided by the Campaigners themselves and none that which is provided or verified by “Helping Hand Gives”.
“Helping Hand Gives” 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.
You will be required to enter a valid phone number, e-mail address along with the Website while making a donation / contribution to the Donee. By registering Your phone number and e-mail address with us, You consent to be contacted by us via phone calls and / or SMS notifications, in case of any updates, queries or clarifications. We will not use your personal information to initiate any promotional phone calls or SMS unless the same is consented to by you.
15. Financial Transaction Facility - Donors / Contributors
“Helping Hand Gives” does not collect any payment and no financial transactions are undertaken on the Website or in any manner whatsoever. 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
All contributions by the Donors will have to be directly done to the Bank Account of the Donee.
The Donor acknowledge that “Helping Hand Gives” will not be liable for any damages, interests or claims etc. resulting from not contributions done.
16. Compliance with Laws:
The Donor, Donee or other Users of the Website 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 while doing contributions to the Donees. “Helping Hand Gives” shall not be responsible for any violation of law or compliance by the Donor, Donee or other Users of the Website
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:
If we are unable to verify or authenticate any information You provide; or
If it is believed that Your actions may cause legal liability for You, other users or us.
Donor and/or Donee shall indemnify and hold harmless “Helping Hand Gives”, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, 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 “Helping Hand Gives” as consequence of any default, breach, non-observance, non performance or negligent act whatsoever 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 “Helping Hand Gives” and the User.
The User hereby agree and state that “Helping Hand Gives” is only a peer-to-peer platform for Donor to directly contribute to the Doneee and “Helping Hand Gives” shall in no way be responsible for the performance and/or liable for any mis-representation of any information provided by the Campaigners in any manner whatsoever and the User hereby waives his/her/their/its right to bring any action/cause/dispute against “Helping Hand Gives” for any reason whatsoever.
20. Modifications and Alterations
21. Applicable Law and Jurisdiction
22. Dispute Resolution
Any dispute involving “Helping Hand Gives”, whether as a formal party or otherwise shall be resolved by Arbitration of a sole Arbitrator appointed by “Helping Hand Gives” and in accordance with the Arbitration and Conciliation Act, 1996 and other statutory modifications thereof. By accessing, browsing, registering and/or using the Website the Donor, Donee and/or Users consent to the appointment of the arbitrator by “Helping Hand Gives”. The seat of Arbitration shall be in Mumbai and the language to be used in all proceedings shall be English.
23. Limitation of Liability
24. Contact Us
Please send any questions or comments regarding this Website to email@example.com
25. Grievance officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: