Table Of Contents
- Welcome to Crowd Manthan!
- About Creating an Account
- Things You Definitely Shouldn’t Do
- How Projects Work
- How Funding Works
- Stuff We Don’t Do and Aren’t Responsible For
- Our Fees
- Other Websites
- Your Intellectual Property
- Crowd Manthan’s Intellectual Property
- How We Deal with Copyright Issues
- Deleting Your Account
- Our Rights
- Warranty Disclaimer
- 16. Limitation of Liability
- 17. Dispute Resolution and Governing Law
- 18. The Rest
1. Welcome to Crowd Manthan!
We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will apply after prior notification. If you keep using Crowd Manthan after a change, that means you accept the new terms.
2. Creating an Account
You may browse Crowd Manthan without registering for an account, but to use some of Crowd Manthan’s functions, you’ll need to register, choose a username, and set a password. The information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.
You must be 18 or over to sign up for a Crowd Manthan account. You’re responsible for your account and all the activity on it.
You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to email@example.com.
To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may require your proof of age.
Millions of people use Crowd Manthan, we expect all of them to act responsibly and help us in maintaining a healthy environment.
- Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
- Don’t offer any rewards that are illegal, violate any of Crowd Manthan’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
- Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
- Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Crowd Manthan or another party).
- When you use Crowd Manthan, and especially if you create a successful project you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a Crowd Manthan project: don’t use it for other purposes, and don’t abuse it.
- Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
- Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
Strictly restricted! We also need to make sure that the Site is secure and our systems function properly.
- Don’t try to interfere with the proper workings of the Services.
- Don’t bypass any measures we’ve put in place to secure the Services.
- Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Crowd Manthan or another party.
- Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
- Don’t use any kind of software or device (whether it’s manual or automated) to “crawler” or “spider” any part of the Site.
- Don’t take apart or reverse engineer any aspect of Crowd Manthan in an effort to access things like source code, underlying ideas, or algorithms.
4. How Projects Work
Crowd Manthan provides a funding platform for creative projects. When a creator posts a project on Crowd Manthan, they’re inviting other people to form a contract with them. Anyone who backs a project is accepting the creator’s offer, and forming that contract.
Crowd Manthan is not a part of this contract. The contract is a direct legal arrangement between the creators and their backers; Crowd Manthan is not a party to it. The rules that apply to that contract are as follows: When a project receives funding, the developer is then required to finish it and meet all rewards. A creative has fulfilled their responsibility to their backers after they have done this. Creators owe their backers a high standard of effort, open communication, and a commitment to seeing the project through to completion throughout the process. At the same time, backers need to realise that they’re not purchasing anything; they’re helping to create something new, not ordering something that already exists. There may be changes or delays, and there’s a chance that something could happen which prevents the creator from being able to finish the project as promised.
If a creator is unable to complete their project and fulfill rewards, they’ve failed to live up to the basic obligations of this agreement. To right this, they must make every reasonable effort to find another way of bringing the project to the best possible conclusion for backers. A creator in this case has only taken care of the problem and fulfilled their duties to backers if:
- they post an update that explains what work has been done, how funds were used, and what prevents them from finishing the project as planned;
- they work diligently and in good faith to bring the project to the best possible conclusion in a timeframe that’s communicated to backers;
- they’re able to demonstrate that they’ve used funds appropriately and made every reasonable effort to complete the project as promised;
- they’ve been honest, and have made no material misrepresentations in their communication to backers; and
- they offer to return any remaining funds to backers who have not received their reward (in proportion to the amounts pledged), or else explain how those funds will be utilized to finish the job in a different way. The promises made in a project are completely the responsibility of the creator.
- The creator is solely responsible for fulfilling the promises made in their project. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by backers.
To ensure campaigns are created by legit individuals or businesses, a verification process is followed to verify the identity of the entity, individual and businesses, ensuring funds are utilized as per the created campaign.
Audit process will also be followed to verify the legibility of the information provided to us at the time of campaign creation by the campaign creators.
5. How Funding Works
These are the terms that apply when you’re backing a project:
- You will be charged initially helping the project to reach its fundraising goal. You’ll provide your payment information when you pledge and charged. Payment will only be released if, at the time of the project’s funding deadline, the project has reached its fundraising goal. The exact amount you pledged is the amount Crowd Manthan will collect, if the campaign hasn’t reached its fundraising goal, the donated amount will be refunded to all backers respectively.
- You can change or cancel your pledge at any time within 36 hours from payment event.
- The estimated delivery of reward is the creator’s plan. The month and year listed on each reward is the creator’s estimate of when they will provide the reward. Might not fulfill in provided time as the schedule may change as per creator works on the project. We advise creators to carefully consider their options, choose an estimated delivery date that they are sure they can meet, and keep backers informed of any changes.
- The creator may need to send you questions about your reward. To deliver rewards, the creator might need information from you, like your mailing address or t-shirt size. They’ll request that information after the campaign has succeeded. To receive the reward, you’ll need to provide the information in a reasonable amount of time. Creators should not ask for personal information that is not necessary to provide your reward, and should never request sensitive personal information such as your Bank Information or ID Information. Contact us at firstname.lastname@example.org if you receive a request for information that seems inappropriate or excessive.
- Crowd Manthan do not offer refunds. Responsibility for finishing a project lies entirely with the project creator. Crowd Manthan doesn’t hold funds on creators’ behalf, cannot guarantee creators’ work, and does not offer refunds.
These are the terms that apply when you’re creating a project:
- You can refund individual pledges if you want. After your project has been funded, you can cancel and refund a backer’s pledge at any time. If If you do, there is no agreement between you and that individual supporter, and you have no ongoing obligations to them.
- We’ll charge our fees before putting funds in your account. Crowd Manthan and its payment partners will subtract fees before transmitting the proceeds of a campaign.
- We’ll help resolve payment-card disputes. If a backer of your project disputes the charge with their card issuer, we’ll handle re-presenting the charge to settle the dispute with the card issuer. You’ll be notified that a dispute has been filed, and you’ll be able to provide evidence to help us resolve it in your favor. If the cardholder’s dispute is found valid, you authorize us to charge the credit card number you provided when you started your project for the amount of the chargeback.
- Prepare for potential delays. Don’t assume you’ll be able to launch your project when you want; there could be a reason we’re not able to accept it, or a problem that takes time to resolve. Don’t assume you’ll be able to immediately collect your funding; there may be a delay between the end of a successful campaign and your access to the funds. And don’t take any actions in reliance on collecting any of the money pledged until you actually have the ability to withdraw it from your account and spend it.
6. Things We Don’t Do and Aren’t Responsible For
We don’t oversee projects’ performance, and we don’t mediate disputes between users.
Crowd Manthan isn’t liable for any damages or losses related to your use of the Services. We avoid becoming involved in disagreements that users have with one another or with third parties over how to utilise the Services. We don’t oversee the performance or punctuality of projects, and we don’t endorse any content users submit to the Site. When you use the Services, you release Crowd Manthan from claims, damages, and demands of every kind—known or unknown, suspected or unsuspected, disclosed or undisclosed—arising out of or in any manner connected to the Services and such disputes. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
7. Fees & Charges
Creating an account on Crowd Manthan is free, if you create a project that reaches its funding goal, we collect a 5% fee and our payment partners collect fees. Our partners’ fees may vary based on your location.
Without providing you an opportunity to evaluate and accept the costs, we won’t collect any of them. If our fees ever change, we’ll announce that on our Site. Payment service providers take a portion of the money that backers have promised to donate. Each payment provider is its own company, and Crowd Manthan isn’t responsible for its performance.
You’re responsible for paying any additional fees including bank transactional charges or taxes associated with your use of Crowd Manthan’s services and campaign collection.
8. Third party Websites
Crowd Manthan may contain links to other websites. (For instance, user profiles, project pages, and comments often contain links to other websites.) You use third-party websites at your own risk. We don’t control or endorse those sites.
Crowd Manthan partners with other companies for various purposes, when you back or create a project, you’re also agreeing to the payment processor’s terms of service.
9. Your Intellectual Property
Crowd Manthan doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a project for review, or launch a project, you agree to these terms:
- We can use the Content you’ve submitted. You provide us and those acting on our behalf the right to use, exercise, commercialise, and exploit the copyright, publicity, trademark, and database rights with regard to your Content on a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable basis. Generally, we utilise this Content to highlight community initiatives and projects on the website. Before highlighting a project on the site or awarding it the Project We Love badge, we take into account a variety of variables. This includes, but is not limited to, a crisp project image with no logos, badges, or text on top, a clear and detailed description that includes a thorough plan for completing your project, captivating images or videos, an excited community, what we think different users will be interested in, and of course, a lot of creativity. In addition to giving some projects a Project We Love badge; we also carefully curate the homepage to highlight great examples of Crowd Manthan projects. The projects at the very top of the homepage typically are best-of-the-best Projects We Love—based on factors such as creative innovation, honesty, and alignment with Crowd Manthan’s Policies and Guidelines—but we also use algorithms to surface popular projects, projects your friends have backed and launched, and projects recommended just for you. We may also recommend projects that are gaining traction as a result of their creator’s own advertising, and/or on the basis of a user’s prior search terms, browsing history, project backings and other interactions, and cookies we have collected during their visits to our website.
- When we use the Content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
- You won’t submit information you don’t hold the copyright for (unless you have permission). Unless you obtain permission from the material’s legitimate owner, Your Content will not include any third-party copyrighted content or content covered by other third-party proprietary rights or you are otherwise legally entitled to post the material (and to grant Crowd Manthan all the license rights outlined here).
- Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on Crowd Manthan’s hosting of that Content.
- You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If Crowd Manthan or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate a third party’s rights, including (but not limited to) any copyrights, contract rights, privacy rights, publicity rights, or other intellectual property or proprietary rights.
- You’re responsible for the material you post. It is the exclusive responsibility of the person from whom the Content originated for any and all information provided to the Site, whether publicly displayed or privately transmitted.
- We’re not responsible for mistakes in your Content. Crowd Manthan will not be liable for any errors or omissions in any Content.
10. Crowd Manthan’s Intellectual Property
Crowd Manthan’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
Crowd Manthan grants you a license to reproduce content from the Services for personal use only. This license covers both Crowd Manthan’s own protected content and user-generated content on the Site. (This non-exclusive, non-sublicensable, and non-transferable license is applicable globally.) You must obtain permission in advance if you want to use any of this content for commercial purposes by copying, modifying, sharing, or storing it from the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
11. How We Deal with Copyright Issues
The Copyright Act, 1957 (Act) along with Copyright Rules, govern the laws related to copyright protection in India lays out a system of legal requirements for dealing with allegations of copyright infringement. Crowd Manthan complies with the act, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We have the right to remove or disable content that is allegedly infringing, as well as to close accounts belonging to repeat offenders. (We use our exclusive discretion and when appropriate, this.)
If you’d like to submit a claim of copyright infringement, please visit our Copyright Policy. Our designated agent for notice of alleged copyright infringement is:
Subject: Copyright officer
12. Deleting Your Account
You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a project, deleting your account will not automatically remove the project from the Site.) You can contact us at email@example.com for additional information or to request project page deletion (this is not available in all circumstances).
13. Our Rights
In this section, we reserve the right to make decisions to protect the functionality and integrity of our system. We promise to act responsibly, and we only use them when we actually required.
To protect the health and integrity of our system and to help ensure that creators and backers enjoy a safe and secure environment, Crowd Manthan reserves these rights:
- We can make changes to the Crowd Manthan Site and Services without notice or liability.
- We have the right to decide who’s eligible to use Crowd Manthan. We may in limited circumstances impose restrictions or limitations on accounts, or—for particularly significant or repeated violations of our Terms or any other rules on the Site, like our Community Guidelines and rules for starting projects—we may cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Crowd Manthan in that jurisdiction.
- We have the right to cancel any pledge to any project, at any time and for any reason.
- We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.
Crowd Manthan is not liable for any damages as a result of any of these actions.
It is our general policy not to comment on the reasons for any such action. However, if we impose restrictions on or limit a verified account holder’s access to any of our Services or if we intend to cancel a verified account, we will let the account holder know the reasons for this action and how they can remedy any issues (where appropriate), unless we’re prohibited from doing so by law or in the interest of safety. For account cancelations, we will let the account holder know the reasons for this action at least 30 days in advance, unless we’re canceling for reasons related to illicit or inappropriate content, the safety of a good or service, counterfeiting, fraud, malware, spam, data breaches, other cybersecurity risks, or the suitability of a good or service for minors.
14. Warranty Disclaimer
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
CROWD MANTHAN SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CROWD MANTHAN SHALL CREATE ANY WARRANTY.
You undertake to defend, indemnify, and keep us harmless from all liabilities if you engage in conduct that subjects us to legal action or if you violate any of your obligations under this Agreement. (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of Crowd Manthan. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
16. Limitation of Liability
To the fullest extent permitted by law, in no event will Crowd Manthan, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall Crowd Manthan’s liability for direct damages be in excess of (in the aggregate) one thousand Indian rupees (Rs.1000.00).
17. Dispute Resolution and Governing Law
We at Crowd Manthan encourage you to contact us if you’re having an issue before resorting to the courts. Our Crowd Manthan support team is on hand and ready to answer your questions. You can visit our Help Center to find articles with information that may resolve your issue. If you still have questions, you can click “Contact us” in the Help Center or email firstname.lastname@example.org so that one of our support team agents can personally reply to you and attempt to resolve your issue. These resources are easily accessible and free.
In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of Uttarakhand and INDIA. You agree that Crowd Manthan and its Services are deemed a passive website that does not give rise to jurisdiction over Crowd Manthan or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State Uttarakhand. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Crowd Manthan, shall be filed only in the state ourts located in Dehradun, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. Any potential right to a jury trial in any dispute, action, or procedure is thus unconditionally and irrevocably waived.
18. The Rest
These Terms and the other material referenced in them are the entire agreement between you and Crowd Manthan with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Crowd Manthan with respect to the Services and govern our future relationship. If any part of these Terms is determined to be unlawful by a court of competent jurisdiction, that part will be modified or removed to the smallest extent required so that the remaining parts of the Terms will otherwise be legal and enforceable. The failure of either you or Crowd Manthan to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Crowd Manthan’s prior written consent. Crowd Manthan has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Crowd Manthan will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.