In these Terms, we refer to those raising funds as "Campaign Owners" and to their fundraising campaigns as "Campaigns." We refer to those contributing funds as "Contributors" and to the funds they contribute as "Contributions." Campaign Owners, Contributors and other visitors to the Services are referred to collectively as "Users."
UniSoul.org is an online crowdfunding venue for people and entities seeking to raise funds for Social Causes / Campaigns being run by S.H.E. Society and also to contribute to the Campaigns of others NGO’s / Societies / Individuals fighting for causes etc. Campaign Owners can offer gifts or rewards in the form of tangible items or intangible services (collectively, "Perks") to Contributors. Perks are not offered for sale. UniSoul makes no representations about the quality, safety, morality or legality of any Campaign, Perk or Contribution or the truth or accuracy of User Content (as defined below) posted on the Services. UniSoul does not represent that Campaign Owners will deliver Perks or that Contributions will be used as described in the Campaign. Users use the Services at their own risk.
Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. UniSoul reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Contribution, or the Services at any time for any reason without liability.
Campaign Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam others. If the Campaign is claiming to do the impossible or it's just plain phony, don't post it. Users must comply with all applicable laws and regulations in connection with their Campaigns, including offering Perks and using Contributions. Campaign Owners shall not make any false or misleading statements in connection with their Campaigns.
Campaign Owners are not permitted to offer or provide any of the following as a Perk:
UniSoul is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:
All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. Users agree to notify UniSoul immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information UniSoul may reasonably request and to answer truthfully and completely any questions UniSoul might ask you in order to verify such User's identity.
UniSoul grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User's eligibility and continued compliance with the Terms.
Campaign Owners are permitted to offer Perks to Contributors. Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Perks). This commitment includes shipping Perks to UniSoul Contributors before fulfilling any orders received after the Campaign has ended. For Campaign Owners participating in programs with our retail partners, failure to ship orders to UniSoul Contributors first may result in removal from such retail partnership programs. Campaign Owners will respond promptly and truthfully to all questions posed to them by UniSoul or any Contributor. If any Campaign Owner is unable to fulfil any of its commitments to Contributors (including delivering any Perks), the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding their Contributions. Campaign Owners will comply with all applicable laws and regulations in the use of Contributions and delivery of Perks. Campaign Owners are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with Perks. UniSoul 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 UniSoul’s review of the fulfilment status of prior crowdfunding obligations. UniSoul reserves the right to prohibit or remove a Campaign if the Campaign Owner is delayed by three months or more in fulfilling a prior crowdfunding project on UniSoul or another platform.
Contributors are solely responsible for asking questions and investigating Campaign Owners and Campaigns to the extent they feel is necessary before making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor. UniSoul does not guarantee that Contributions will be used as promised, that Campaign Owners will deliver Perks, or that the Campaign will achieve its goals. UniSoul does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Perk or Contribution, or the truth or accuracy of User Content posted on the Services. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Perks for tax purposes. If a Contribution is returned to a Contributor, the associated Perks, if any, shall be cancelled.
Setting up an account on the Services is free. We do not charge our Service fees to Contributors. Unless otherwise expressly indicated on the Services, we do charge our Service fees to Campaign Owners as a portion of the Contributions they raise (the "Service Fees"). By using the Services Users agree to our Service Fees (available on request via email) Changes to Service Fees are effective after we post notice of the changes on the Services. Updated Service Fees are applied to Campaigns launched after the notice is posted.
Contributors may request a refund from UniSoul before the end of a Campaign. For Campaigns that have entered the In-Demand program, Contributors may request a refund from UniSoul within 10 days of the contribution. To process your refund please write us to request for the refunding policy.
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. UniSoul will ask for the tax identification number (TIN) of Campaign Owners (in case of Profit Organisations) and any beneficiaries so that we may report taxable income to the relevant taxing authorities. UniSoul will provide Campaign Owners with a tax document if required by the relevant taxing authorities.
A Campaign Owner whose Campaign meets its funding goal may elect to continue raising funds after the Campaign ends by participating in the In-Demand program ("In-Demand"). All UniSoul fees and payment options will remain the same; provided that, payment disbursements will be made on a four (4) week cycle. All terms and conditions that apply to Campaigns shall continue to apply once a Campaign enters In-Demand. Campaign Owners that have Perks in In-Demand will not link to or promote an alternative service or website for contributions or pre-orders within their In-Demand pages. UniSoul may remove a Campaign from In-Demand if Perks have not been fulfilled within three (3) months after the estimated delivery date, or if the fulfilment of Perks is delayed indefinitely.
Unisoul.org is UniSoul’s hub for Campaigns related to personal life events, nonprofits and other causerelated fundraising. Users may establish Campaigns on UniSoul.com as Campaign Owners, provided that the intent of any such Campaign must be to impact the life of an individual person or charitable organization, or another cause-related initiative. Each UniSoul.com Campaign Owner acknowledges and understands that UniSoul may request additional information as reasonably necessary (as determined in the sole discretion of UniSoul) to verify or confirm that the Campaign Owner is authorized on behalf of the applicable UniSoul.com Campaign beneficiary to raise funds in connection with the applicable UniSoul.com Campaign. If UniSoul determines in its sole discretion that a Campaign does not belong on UniSoul.com, then it may relocate such Campaign to UniSoul.com, or take other action as appropriate.
Users may create a "Partner Page" on UniSoul's website to link their brand with one or more Campaigns. If Users create a Partner Page, Users also agree to the Partner Terms.
While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "User Content"). Users grant UniSoul a perpetual, non-exclusive, royaltyfree, transferable, sub licensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and UniSoul, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
Campaign Owners may not offer any contest, competition, giveaway, sweepstakes or similar activity (each, a "Promotion") on the Services without UniSoul's prior written permission (which may be granted or withheld by UniSoul in its sole and absolute discretion). Campaign Owners may request permission from UniSoul by sending an email to promotions@UniSoul.com. Subject to and upon any such permission, each Campaign Owner offering any Promotion further acknowledges and agrees that: (a) such Campaign Owner shall be solely responsible for all facets of each such Promotion; (b) such Promotion does not require any Contribution or other payment of any amount as the sole method of entry into such Promotion; and (c) the official rules for such Promotion shall include clear and conspicuous language to the effect that: (i) UniSoul does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases UniSoul from any and all liability; and (iii) all questions concerning the Promotion must be directed to the Campaign Owner and not to UniSoul.
Campaigner / Owners that accept PayPal and Contributors that use PayPal in connection with a Campaign acknowledge and agree to comply with PayPal’s Crowdfunding and Acceptable Use Policies. Credit card payment processing services for Campaign Owners on UniSoul are provided by Paypal and are subject to the Paypal Connected Account Agreement, which includes the Paypal Terms of Service (collectively, the "Paypal Services Agreement"). By continuing to operate as a Campaign Owner on UniSoul, you agree to be bound by the Paypal Services Agreement, as the same may be modified by Paypal from time to time. As a condition to UniSoul enabling credit card payment processing services through Paypal, you agree to provide UniSoul accurate and complete information about you and your business, and you authorize UniSoul to share any such information with Paypal, as well as transaction information related to your use of the payment processing services provided by Paypal. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
Each User agrees to defend, indemnify and hold harmless UniSoul, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. UniSoul may assume the exclusive defence and control of any matter for which Users have agreed to indemnify UniSoul and each User agrees to assist and cooperate with UniSoul in the defence or settlement of any such matters.
UniSoul has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER'S OWN RISK.
For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of Civil Code Section _______ for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Each User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
UNISOUL (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO UNISOUL FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF UNISOUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow UniSoul to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then UniSoul's liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, UniSoul does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by UniSoul without restriction or consent.
Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but UniSoul may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users agree that: (a) the Services shall be deemed solely based in India & United Kingdom (the principal place of business and corporate headquarters of UniSoul); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over UniSoul, either specific or general, in jurisdictions other than India & United Kingdom. This Agreement shall be governed by the laws of the Courts of Law under Amritsar Jurisdiction, without respect to its conflict of laws principles.
UniSoul and User agree that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, rather than in court, except that a User at its election may assert claims in small claims court, if the User’s claims otherwise qualify for adjudication in that court. UniSoul and User manifest their assent to arbitrate by providing and using the Services. Arbitral claims are those that UniSoul asserts against User, and that User asserts against UniSoul, any related or affiliated entity, and the officers, directors, agents or employees of any of them. The Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If for any reason the AA is inapplicable, the law of arbitrability of the state of User’s principal place of business shall apply. To the maximum extent permitted by law, the Parties agree to arbitrate claims on an individual basis only, and they waive any right to bring, participate in, or recover under, a class, collective, consolidated or representative action. The arbitrator shall apply the Terms and the same substantive law to the dispute as a court would, and the same law of remedies. To begin an arbitration proceeding against UniSoul or a related party, a User must send a letter requesting arbitration and describing the claim to UniSoul’s registered agent, Corporation Service ____________________________________________The arbitration will be conducted by the Amritsar Arbitration Association (AAA) under the rules applicable to the claim asserted, including but not limited to the AAA’s Supplementary Procedures for Consumer-Related Disputes. UniSoul will supply a printed copy of the rules upon a User’s request. Payment and reimbursement of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Amritsar, India is the sole proper venue for arbitration; provided, however, that the arbitrator once selected shall have the authority to order the parties to arbitrate in a different venue for good cause shown, applying federal law for transferring venue on grounds of forum non convenience. If, notwithstanding this arbitration agreement, a claim for any reason proceeds in court rather than in arbitration, the dispute shall be exclusively brought and heard in a court of competent jurisdiction located in the City and State of Amritsar, Punjab. Except as otherwise provided by law or the AAA’s rules, the prevailing party in any arbitration will be entitled to receive from the no prevailing party all of its reasonable attorneys’ fees and costs.
Campaign Owners and other Users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. UniSoul merely provides a technology platform to allow Campaign Owners to connect with Contributors. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
UniSoul makes no representations, warranties or other assertions as to the potential tax deductible status of any Contribution by a Contributor to a charitable cause or to a Campaign whose purported recipient is a recognized ______________ or other tax -advantaged organization under the Internal Revenue Code. The listing of an organization via the Services does not necessarily mean that the organization has been deemed— or remains currently deemed—a charitable or tax-advantaged organization by the Internal Revenue Service.
In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in India.
Users agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the Indian Export Administration Act ("Export Laws"), each User states that such User is: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Campaign is deemed to be in violation of Export Laws.
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
Users agree UniSoul may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.
Consistent with our culture of open innovation, we are always pleased to hear from our user community and welcome comments or suggestions to improve the Services. However, to avoid future misunderstandings when new products, services and features developed internally by UniSoul might be similar or even identical to a submission received by UniSoul, the following policy applies to all third party User submissions to UniSoul of ideas, comments, suggestions, proposals or materials: (a) all submissions shall be considered non-confidential and non-proprietary; (b) UniSoul will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality); (c) UniSoul will not be liable for any use or disclosure of any submission; and (d) UniSoul shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the third party submitting User.
These Terms are the entire agreement between each User and UniSoul regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. UniSoul's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
UniSoul may alter the Terms at any time, so please review them frequently. If a material change is made, UniSoul may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A "material change" will be determined at UniSoul's sole discretion, in good faith, and using common sense and reasonable judgment.
If any User believes that its copyrighted work has been copied in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 (the "DMCA") or that any User Content infringes such User's intellectual property rights and is accessible the Services, please notify UniSoul's Legal Department at email@example.com. "Infringement" means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For such complaint to be valid, the User (the "Complainant") must provide the following information in writing (the "Notice of Infringement"):
The above information must be submitted to the UniSoul DMCA agent (the "DMCA Agent") by mail and email to the following addresses:
Attention: S.H.E. Society
Fairland Colony, Amritsar 143001
If any User (the "Respondent") believes that its material has been removed or disabled by mistake or misidentification, such Respondent may file a written counter-notice (the "Counter Notice") with the DMCA Agent, including the following information within five business days from receipt of the Notice of Infringement:
Upon receipt of the Counter-Notice by the DMCA Agent, a copy of the Counter-Notice may be sent to the Complainant informing the Complainant that UniSoul, at its discretion, may replace the removed material or cease disabling it in not less than ten, nor more than 14, business days following receipt of the Counter-Notice, unless the DMCA Agent receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain the Respondent from engaging in infringing activity relating to the unauthorized use of the material on the Service.
UNISOUL WILL TAKE NO ACTION UPON ANY FAILURE TO PROVIDE THE INFORMATION OR OTHERWISE FOLLOW THE PROCESS OUTLINED ABOVE.
In accordance with the DMCA and other applicable laws, UniSoul has adopted a policy of terminating, in appropriate circumstances and at UniSoul's sole discretion, repeat infringers.
Attention: S.H.E. Society
Attention: Legal Department
February 24, 2016: We added DETAILED Terms & Conditions to the Portal.