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TERMS AND CONDITIONS

  1. INTRODUCTION

Ma Foundation is registered under Section12AA of the Income-Tax Act, 1961 and works towards supporting the most underprivileged and suffering mothers and their little ones in remote parts of India–virtually at the bottom of the economic pyramid.

Your agreement to the terms and conditions set out in this document constitutes your unconditional consent to all the terms and conditions contained in this document, as amended by Ma Foundation at its discretion, from time to time (“Terms and Conditions”) and youshall be bound by the same at all points in time.

These Terms and Conditions are divided into the following sections:

  • Introduction
  • Donation Policy
  • Refund Policy
  • Privacy Policy
  • Our use of Cookies
  • General Terms and Conditions
  • Disclaimer

These Terms and Conditions apply to all persons (hereinafter referred to as “you” along with all grammatical variations) who accept these Terms and Conditions or make financial donations/ payment to Ma Foundation through the mode of payment mentioned herein these Terms and Conditions.

  1. DONATION POLICY

Ma Foundation will only accept monetary donations made by a person who is a person resident in India in accordance with the applicable laws (including the Foreign Exchange Management Act, 1999 and the rules and regulations issued thereunder and the Income Tax Act, 1961 and the rules and regulations issued thereunder), provided such donations aremade in accordance with this Donation Policy andthe applicable laws.

No foreign donation or contributions would be accepted by Ma Foundation. You shall at all time be responsible for making the donations from such bank account which is not recognized as a foreign bank account as per the guidelines issued by the Reserve Bank of India, from time to time.

All donations shall be made by you in Indian Rupees (INR) either online/ electronically on Ma Foundation’s website (https://mafoundationindia.com) (“Website”) through credit card/ debit card/ Google Pay/ Paytm or such other payment gateway as may be available on the payment page of the aforementioned website, or by handing over or dispatching a cheque / demand draft drawn in favour of MA Foundation for the purpose of making a donation. Ma Foundation will not accept any donations in cash.

At the time of making the donation through the Website, you will be redirected to donor application form, wherein you would be required to provide us with the following personal data (which we shall process in accordance with our Privacy Policy):

  1. Full Name;
  2. Address;
  3. Email ID;
  4. Phone number;
  5. Permanent Account Number;
  6. Copy of identity proof (which shall be any one of the following: (i) Passport copy; Voter ID; Driving License ID; Ration Card; or Birth certificate);
  7. Copy of address proof (which shall be any one of the following: (i) Passport copy; Voter ID; Driving License ID; or Utility Bill (water, electricity, phone or gas bill not older than 2 months).
  8. In case of a company or other entity other than a natural person, the certificate of incorporation, memorandum of association and articles of association or such other constitutional documents that may be applicable and which reflect the authority and eligibility of such company or entity to make such donation

Ma Foundation reserves the right to reject your application for donation at any point prior to making your donation without assigning any reasons for such rejection.Without prejudice to the generality of the foregoing you will not be permitted to make a donation if Ma Foundation is of the opinion that any receipt by it of your donation would result in a breach of any of these Terms and Conditions or applicable law. If Ma Foundation receives a donation which is at any point in time found, in the opinion of Ma Foundation, to be in breach of these Terms and Conditions or applicable law then Ma Foundation shall refund the donation to you in any manner it deems fit at any point in time or otherwise deal with the donation in any manner as it may deem fit.

Upon receipt of your donation in accordance with this Donation Policy, Ma Foundation will provide an acknowledgment of receipt of such donation to you; and Ma Foundation will inform you as to whether you would qualify to receive the tax exemption certificate, in which case Ma Foundation shall issue such certificate to you. Any decision taken by Ma Foundation in respect of the latter shall be final and binding on you.

Ma Foundation expects that you will exercise due care and diligence while making donations to Ma Foundation. The onus to comply with these Terms and Conditions is on you and Ma Foundation shall not be responsible to ensure that your donations are in compliance with these Terms and Conditions or applicable law.

Ma Foundation will refrain from providing advice about the tax or other treatment of donations and will encourage donors to seek guidance from their own professional advisers to assist them in the process of making their donation.

  • REFUND POLICY

 

General

 

Ma Foundation has developed and incorporated this refund policy (“RefundPolicy”) as part of its commitment to honor and respect the financial contributions that people make to Ma Foundation.

Ma Foundation will examine each request for refund of donation but will only considermaking the refund of such donation, if you have complied with the terms and conditions of this Refund Policy, while claiming the refund of such donation/ amount.

 

Notwithstanding anything contrary stated herein this Refund Policy, Ma Foundation is not obliged to make refunds and may, in its sole discretion, decline any requests for refund of donations, particularly in respect of such donations, with respect to which Ma Foundation has received a tax exemption certificate from the concerned tax authority.

 

Procedure to claim refund

If you wouldlike Ma foundation to refund your donation,following are the steps that need to be followed while requesting for a refund:

  1. You must makea written requestto Ma Foundation byaddressing an email to supriya.mafoundation@gmail.com (“Written Request”)within 5 (five) calendar days from the date on which you made the donation (“Refund Request Period”), i.e., the date on which:
  • Donation was made by you online/ electronically on Ma Foundation website (https://mafoundationindia.com) through credit card/ debit card/ Google Pay/ Paytm or such other payment gateway as may be available on the payment page of the aforementioned website;OR
  • Ma Foundation (or any person authorized by it) received the cheque / demand draft from you.

You acknowledge and agree that in no case Ma Foundation is liable to make refund of any donation, a request for which has been made after completion of the Refund Request Period and hence no claim for refund of donation shall stand valid if made after the completion of the Refund Request Period.

No donation will be refunded in part.

  1. The Written Request shall along with the reason for requesting refund must also contain the following details pertaining to the donation:
  • Date of cheque/ demand draft or date on which the donation was made using electronic means
  • The amount of the donation
  • If donation was made through cheque/demand draft, please provide Cheque/Demand Draft number.
  • If donation was made through credit card or debit card, please provide first 4 digits and last 4 digits of the concerned credit card or the debit card, as the case may be.
  • If donation was made online through our website, please provide Donation-ID.
  • Your Permanent Account Number
  • Payment receipt, transaction ID, or reference number received upon making such payment of the donation.
  • Ma Foundation may request for further information / documents and you shall co-operate in this regard by providing such requisite information and/ or documents.

Upon receiving all requisite information and/ or documents along with your Written Request, Ma Foundation will consider your request for refund and, at its discretion, may provide its decision regarding acceptance or rejection of your Written Request.

If your Written Request is rejected by Ma Foundationthen such rejection shall be final and binding on you.

If your Written Request is accepted by Ma Foundation, then Ma Foundation will initiate the refund process.While Ma Foundation would endeavor to complete the refund process at the earliest, Ma Foundation does not guarantee any specific timeline within which the refund may be completed. If Ma Foundation cannot, for any reason whatsoever including convenience, complete your refund of your donation in the same manner in which the donation was received by Ma Foundation then Ma Foundation shall refund your donation in any manner that is acceptable to Ma Foundation and you shall co-operate with Ma Foundation and provide all necessary details that Ma Foundation may require (for example, your bank account details, etc.) to enable Ma Foundation to complete the refund, failing which Ma Foundation may decide to reject your Written Request at any point in time.

Without prejudice to the provisions of the Donation Policy and Refund Policy, Ma Foundation reiterates that if Ma Foundation receives a donation which is at any point in time found, in the opinion of Ma Foundation, to be in breach of these Terms and Conditions or applicable law then Ma Foundation shall refund the donation to you in any manner it deems fit at any point in time or otherwise deal with the donation in any manner as it may deem fit.

  1. PRIVACY POLICY

Your use of this Website constitutes your unconditional consent to all the terms and conditions contained in this privacy policy, as amended from time to time (“Privacy Policy”) and you shall be bound by the same.

Ma Foundation iscommitted to protecting the privacy and security of your personal dataand accordingly maintains the following Privacy Policy todescribehow wecollect, use and process your personal datainaccordancewiththe Data Protection Laws. “Data Protection Laws” for the purpose of this Privacy Policy shall mean and include all applicable laws and regulations relating to the processing of personal data and privacy (including but not limited to the Indian Information Technology Act, 2002, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and any other statutory instrument, order, rule, or regulation made thereunder, as from time to time amended, extended, re-enacted, consolidated or enacted by governmental authorities in India.

Personal data

The personal datawe typically ask you for is:

 

  • Your name, age, address, nationality and country of origin, residency status (as per applicable law)
  • Contact details (e-mail address, phone numbers)
  • Credit card or bank account details
  • Any other data that Ma Foundation may require which relates to your identity, having regard to any characteristic, trait, attribute, or any other feature of the identity of you, whether online or offline, or any combination of such features with any other information, and shall include any inference drawn from such data for the purpose of

Use of personal data

  1. Your personal datawill be processed by Ma Foundation to provide and improve its services to you andstrictlyfor the following purposes:

 

  • To email you with news and information about Ma Foundation and our promotional material campaigns, surveys, features, brochures, catalogues, Ma Foundation’s Annual Report, request for donations, regular updates on the utilisation of donations received by Ma Foundation and other updates.
  • To have an accurate record of all the donations we receive.
  • To make sure you are receiving the most appropriate and relevant information for you.
  • To learn about the people who are visiting our website, donating or joining our campaign and for maintaining an internal confidential database of all the personal data collected from visitors on the website.
  • Processing your donations to Ma Foundation on the website.
  • Processing refunds of your donations as per the Refund Policy
  1. Data Sharing

We may have to share your personal data with third parties, including third-party service providers and other entities. We require third parties to adhere to the privacy norms as stated herein and to process your personal data in accordance with the applicable Data Protection Law. Any transfer of your personal data would be undertaken with similar degree of protection as is required to be undertaken in accordance with this Privacy Policy and any applicable Data Protection Law.

  • Notwithstanding anything contained herein or any other contract between you and Ma Foundation, Ma Foundation reserves the right to disclose any personal data about you without providing any notice to you or your consent (i) as needed to satisfy any requirement of law, regulation, rules, order of court, legal request or legal investigation, (ii) to conduct investigations of breaches of law, to protect them website, (iii) to protect Ma Foundation and its property, and (iv) to protect our visitors and other persons.
  1. OUR USE OF COOKIES

 

General:The Website uses Google Analytics to help analyze how users use the Website and lets you navigate between pages efficiently as they store your preferences, and generally improve your experience of our website. This analytical tool uses ‘cookies’, which are stored as text files on your computer or mobile device by a website’s server, to collect standard internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the Website (including your IP address) is transmitted to Google. This information is then used to evaluate visitors’ use of the website and to compile statistical reports on website activity for Ma Foundation.  Ma Foundation will not (and will not allow any third party) to use the statistical analytics tool to track or to collect any personally identifiable information of visitors to our site. We will not associate any data gathered from this Website with any personally identifying information from any source as part of our use of the Google statistical analytics tool. Google will not associate your IP address with any other data held by Google. Neither MaFoundation nor Google will link, or seek to link, an IP address with the identity of a computer user. The cookies are stored in memory and are only available during an active browser session and disappears once your browser is closed. You may note that when you visit our website, you may be required to accept cookies and if you choose to refuse cookies, it is possible that the site may not function properly.

Security:MA Foundation endeavors to use up-to-date security measures to protect your personal data. Ma Foundation however does not make any express or implied warranty with respect to the security measures that it may employ from time to time for the protection of the personal data.

 

  1. GENERAL TERMS & CONDITIONS

 

Further, the use of this Website is subject to the following General Terms and Conditions:

General Terms and Conditions:

  • The content of the pages of this Website is for your general information and use only.
  • You agree to use this website only for lawful purposes, and in a manner, which does not infringe the rights of Ma Foundation or any third party (including without limitation any Ma Foundation sponsor or beneficiary) or the use and enjoyment of the site by any third party.
  • Ma Foundation shall in no event be liable for any damages including, without limitation, direct, indirect or consequential damages, whatsoever arising from or in connection with the use or loss of use of the site, or any content on the site.
  • Ma Foundation expressly excludes liability for any such inaccuracies or errors to the full extent permitted by applicable Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose.
  • Ma Foundation does not provide any guarantee for the facilities and functions to be free from error or uninterrupted, that the site or the server available to Yoube free of viruses or bugs, that defects will be corrected, or that the content on the site is accurate or complete.
  • Ma Foundation takes no responsibility for the content of external internet sites linked to or cited on this Website. These links are provided for your convenience to provide further information. They do not signify that we endorse the content on such external internet sites. You acknowledge that we have no control over the nature, content and availability of those sites.
  • Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offence.
  • You also agree to provide true, accurate, current and complete personal data about yourself as prompted this website. You will not impersonate, imitate or pretend to be somebody else when registering and/or making donation from this website. If you provide any information that is untrue, inaccurate, incomplete, or if Ma Foundation has reasonable grounds to suspect that such information is untrue or inaccurate, Ma Foundation has the right to refuse to provide you with access to the Website.
  • Indemnity: You hereby agree to indemnify, defend and hold harmless Ma Foundation and/or its trustees, employees, affiliates, officers, representatives, partners and their respective lawful successors and assigns from and against any and all losses, liabilities, claims (including third party claims, governmental authority claims), damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Ma Foundation and/or its trustees, employees, affiliates, officers, representatives, partners and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the you pursuant to these Terms and Conditions.
  • Source of funds of the donation:In case any claim is made by a third party (including governmental authorities) with respect to the source of funds used by you in making the donation to Ma Foundation, the onus to prove that such source of funds belonged to you and that such donation has not been made through remittance from abroad through banking channels or out of funds held in a foreign currency account and/ or any other equivalent account (which is similar to foreign currency account), shall be exclusively on you. In such case Ma Foundationwill fully co-operate with any investigating authority and will disclose all and every information relating to the transaction undertaken by you on this website or otherwise, with Ma Foundation, its usage or transactions conducted by you irrespective of what has been stated herein. You agree to compensate Ma Foundation on a full indemnity basis for any costs (including legal costs) incurred by Ma Foundation in this regard.
  • Fraudulent /Declined Transactions:You agree to co-operate with Ma Foundation in its efforts as may be deemed necessary to identify any fraud or attempted fraud. Ma Foundation reserves the right to initiate appropriate legal proceedings against any person(s) for fraudulent use of this Website and any other unlawful acts or acts or omissions in breach of these terms and conditions including without limitation collection charges and attorney fees.
  • Electronic Communications:When you visit this Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  • Ma Foundation reserves the right, in its sole discretion, to terminate the access to its website or any portion thereof at any time, without notice, for general maintenance or any reason whatsoever.
  • Any information which is specifically mentioned by Ma Foundation as confidential shall be maintained confidentially by the You and shall not be disclosed unless as required by applicable law or to serve the purpose of these Terms and Conditions.
  • The Terms and Conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, ‘hereunder” and words of similar import refer to these terms and conditions as a whole.
  • If any provision of these Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms and conditions shall continue to be in full force and effect.
  • The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms and Conditions, notices, or the right to use this website by You contained herein or any other section or pages of this website or any provision hereof in any manner whatsoever.
  • In the event that any of the terms, conditions, and notices contained herein conflict with the additional terms or other terms and guidelines contained within any particular page of this Website, then these Terms and Conditions shall prevail.
  • None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by You contained herein or any other section or pages of this website or its partner websites, shall be deemed to constitute a partnership between you and Ma Foundation.Neither Ma Foundation nor you shall have any authority to bind or shall be deemed to be the agent of the other in any way.
  • All transactions undertaken through this Website, these terms and conditions shall be governed by laws of India and all disputes shall be referred to the exclusive jurisdiction of the competent court in Mumbai, India.

DISCLAIMER

Your access to and use of this Website (https://mafoundationindia.com) is subject to the terms and conditions and all applicable laws.  Ma Foundation does not hold itself responsible for any inaccuracy of facts or information provided on this website. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, services, or related graphics contained on the website for any purpose. Any accountabilities arising out of any act or omission by a visitor to this website, by depending on or making use of the information offered on this website, shall be completely to the account of such visitor.

Ma Foundationrefuses claim to any accountability, legal or else, that might arise because of the act, omission or otherwise of any visitor to this website, or caused by the same. Visitors to the websiteadmit that http://mafoundationindia.comis only a “facilitator” for making donations, and as such, stands indemnified from any accountability that might arise because of the same. Visitors moreover acknowledge that visiting this websiteis an implicit reception of this disclaimer on their part.