WISHBERRY.IN
TERMS OF USE/TERMS AND CONDITION
PLEASE READ THESE TERMS OF USE/TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES OFFERED BY WISHBERRY.IN (to be henceforth referred to as the “Site”), website owned by RandomMotion Advertising Private Limited (to be henceforth mentioned to as the “Company”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT www.wishberry.in. BY USING THE SERVICE IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE SITE OR CONTRIBUTING CONTENT, INFORMATION, OR OTHER MATERIALS OR SERVICES TO THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
Summary of Service
Wishberry.in is an online platform where users ("Campaign owners") run campaigns to fund their creative and social projects. The campaign owners for creative projects offer rewards to raise funds from “contributors” for their creative projects. The rights of a creative project are not given to the contributors and remains with the campaign owner or the owner/owners of the project. Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Campaign owners and contributors, and other visitors to and users of the Service (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. “User Submissions” means any Content Submitted by Users. The Site offers various payment gateways to facilitate transaction of funds for campaigns. However, it may be noted that the Site and the Company:
a) Are not the final recipients of any funds from the contributors directly, but a service provider, which enables receipt of funds (both domestic and foreign) by campaign owners, who are the final recipient of funds
b) Do not generate contributions and contributors for a campaign
c) Do not guarantee that the target funds of a campaign will be raised fully
d) Do not offer the platform to Users for investing in a project for the purpose of profit sharing
Transfer of funds and MIS
The Site only transfers money to Indian Bank Accounts and does not provide international fund transfer service. The Site provides detailed information with regard to every contributor to the campaign owner: Contributor Name, Address, Nationality, Email Id, Contact Number, and Amount of Donation. If the details are not provided, campaign owners have to treat it as anonymous contribution, and cannot hold the Site and the concerned contributors responsible.
Acceptance of Terms
The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy mentioned in this document and all other operating rules, policies, and procedures that may be published on the Site, which are incorporated by reference and may be updated by the Company without notice to you. In addition, some services offered through the Site may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
The Services of the Site is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are at least 18 years old and of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. The Company may, in its sole discretion, refuse to offer the Site’s services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site’s services is revoked in those jurisdictions.
Modification of Terms of Use
The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the Site and its services (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Rules and Conduct
As a condition of use, you promise not to use the Site for any purpose that is prohibited by the Terms of Use or law. You are responsible for all of your activity in connection with the Site and its Services. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
- you know is false, misleading, or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;
- constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party; or
- impersonates any person or entity, including any employee or representative of the Company
- Users may not use the Company’s Site for activities that: (i) violate any law, statute, ordinance or regulation; (ii) relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity