Welcome towww.truepresent.com (the "Website") of Truepresent Limited, a limited liability company duly incorporated under the laws of______ with its registered office located at 1003, odyssey 2, orchard Avenue road, hiranandani gardens, powai, Bombay 400076 ("True Present", "us", "we").
1.1 True Present’ good-cause model
Through the Website, True Present provides hosts of events (the "Hosts") with an online event invitation service that allows Hosts to invite monetary contributions towards a gift for the person that the event is hosted for and a donation that the Host will make to one of True Present’s registered charity partners (each, a "Charity Partner") as follows:
1.2 Use of Event Fund
We provide examples on our Website of how the Event Fund may be used by the Host and Charity Partners. However, True Present does not guarantee that the Event Fund will be used in the ways described. Guests contributing Gift Money to the Event Fund acknowledge that the Charity Partners have absolute discretion in the use of the Charity Donation to fulfill their respective charitable cause. Hosts and Guests shall not hold True Present responsible or in any way liable for the Charity Partners’ use of the Charity Donation. Similarly, True Present is not responsible nor in any way liable for the way in which the Host uses the portion of the Event Fund transferred to them.
2.1 Identity of Hosts
True Present does not independently verify or assess the identity of each person or entity who applies to become a Registered User (as described below) of the Website. If you receive an invitation sent via the Website from a Host who is unknown to you and are asked to make a contribution of Gift Money, you should exercise caution in deciding whether or not to make a donation.
2.2 Children’s use of the Website
We are not able to verify the actual age of users of the Website. If you are under 18 years of age, True Present requires that you use the Website under the supervision of your parent or guardian.
2.3 Registration on the Website
Hosts are required to register an account on the Website to become a registered user ("Registered User") in order to send event invitations to Guests. Hosts must be 18 years of age or over.
A Guest can reply to an invitation and send Gift Money without registering on the Website as a Registered User. However, by replying to an invitation and sending Gift Money, the Guest accepts and agrees to be bound by these Terms of Service.
By registering as a Registered User, a Guest can track updates to the invitation and see the amount of Gift Money contributed to the Event Fund.
2.4 Materials you submit to True Present
You acknowledge that any feedback and/or other materials you submit to True Present through the Website, including about True Present’s services, and/ or for inclusion or display on or through the Website ("User-Generated Content") is your own work. By submitting User Generated Content to True Present, you agree to grant True Present a worldwide, royalty-free and irrevocable license to use, reproduce, translate and modify any User-Generated Content (in whole or in part), which you submit.
You warrant and represent to True Present that you have all necessary rights and authority to use, disclose and otherwise provide the User-Generated Content to True Present for the uses stated above, including publication on the Website. You warrant and represent to True Present that the publication of the User-Generated Content does not infringe any third party rights in the User-Generated Content and that when you submit a photograph, picture, image or other recording that features any person, you have obtained that person’s prior consent to publish the photograph, image or other recording (or where the individual is under 18 years of age, you have obtained the consent of his or her parent/guardian).
2.5 User Conduct
You represent and warrant that all information provided by you about yourself, including all information provided as part of the Registered User application, to True Present is accurate and up-to-date.
You agree NOT to use the Website for any unlawful purposes, including not to use the Website to (i) deal with money which you know or have reasonable grounds to believe represents the proceeds of crime, or (ii) provide or collect any money with the intention or knowledge that the money will be used to fund illegal acts, including acts of terrorism (regardless of whether the money is actually so used).
You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or its content. You agree not to attempt to access any parts of the Website that you are not authorized to access. You agree not to use the Website in any manner that might interfere with the lawful rights of third parties.
Any unauthorized use of this Website may give rise to civil and/or criminal actions and claims for damages. True Present retains the right to remove any content, including User-Generated Content, and deny access to the Website to anyone who it believes has violated any of these Terms of Service.
You agree to indemnify True Present and hold us harmless against any liability, loss, expenses, costs or damages (including direct, indirect, or consequential losses, whether economic or otherwise, loss of profit, loss of reputation and all interest, claims, expenses, damages and other payments, penalties and legal and other professional costs and expenses) incurred by True Present arising in connection with a breach by you of these Terms of Service.
2.6 Your account and password
You are responsible for all activities conducted under your Registered User account with True Present. You agree that your Registered User account is personal to you and you shall not gift, lend or transfer your Registered User account to any person. You are responsible for safeguarding any passwords used to access your Registered User account and the Website, and shall take all necessary steps to ensure that no one other than you has access to your Registered User account and password. You shall promptly notify us by email if you believe that your password or account has been compromised.
3.1 Selection of Charity Partners
In the selection of our Charity Partners, True Present carries out a series of verification exercises on a commercially reasonable basis to ensure that donations made to Charity Partners are appropriately used for meaningful purposes. Our verification of Charity Partners consists of:
3.2 No partnership or agency
True Present is an independent company and has no affiliation, partnership or other agency relationship with any Charity Partner. True Present does not represent or act as an agent on behalf of any Charity Partner or other third party. True Present is not responsible nor shall it be liable for any action carried out by any Charity Partner.
3.3 Exclusion of Liability for Third Party Sites
Links to third party websites, including websites for True Present’s Charity Partners, may be provided on this Website ("Linked Sites"). The links to Linked Sites are provided solely for reference purposes only. If you use Linked Sites, you will leave the Website. Linked Sites have their own Terms of Service and privacy policies, which may be different from those of the Website.
True Present has not reviewed all content on Linked Sites and does not control and is not responsible for any of the Linked Sites or their content. Our links to Linked Sites do not imply an affiliation, sponsorship, endorsement or any other involvement by us in respect of the contents of the Linked Sites. True Present is not responsible for, and accepts no liability, any contents of Linked Sites or any breaches of applicable law or infringement of third party rights that may occur on the Linked Sites.
4.1 Proportion of donations going to Charity Partner
Upon setting up an event invitation, the Host must determine the proportion of the Event Fund that will be transferred to the selected Charity Partner as a Charity Donation at the end of the event.
After the event invitations have been sent out, the Host is not permitted to reduce the proportion of the Event Fund that is allocated for the Charity Donation. The Host may increase the proportion of the Event Fund that is allocated for the Charity Donation when closing the Event Fund on the Website.
4.2 Making a payment
Upon receiving an invitation, Guests may use one of our approved online payment providers (currently,___ and ____) (each, a "Payment Provider") to send Gift Money. In order to make a payment, the Guest must enter an amount that they wish to contribute to the Event Fund that is not less than INR___. The Guest is then re-directed to the applicable website of our Payment Providers, where the Guest is requested to enter his/her credit card number and expiry date, among other information, in order to effect the payment. The Guest’s provision of credit card, payment details and personal information to the Payment Provider is governed by the Payment Provider’s own terms and conditions. Such payment information is directly submitted to the Payment Provider and True Present does not have access to such information.
True Present does not monitor Gift Money contributed by Guests but will notify Guests by email that a contribution has not been successfully processed within two hours of a Guest making a contribution. The relevant Payment Provider will also notify a Guest of successful payment once the transaction has been completed. Guests are therefore responsible for monitoring the status and amount of Gift Money paid to True Present.
4.3 Hosts’ verification of bank account details
When setting up an event invitation for the first time, the Host will be asked to provide certain personal information, including mailing address, phone number and bank account information.
The Host has the option to provide his/her personal information immediately after sending out the event invitation or at a later time when the Host returns to True Present’s site. If the Host does not provide these information, he/she will not be able to access the Event Summary page for the event that the Host has created, or see the Guests’ RSVPs or the aggregate amount of Gift Money contributed. A Host is only required to provide this information once, but the Host will be asked to verify some of these information (eg. bank account details) each time the Host closes an Event Fund. A Host cannot close an Event Fund if he/she does not verify this information. After a Host verifies his/her personal information and closes the Event Fund, True Present will make a payment by wire transfer of the Host’s proportion of the Event Fund into the Host’s bank account.
Hosts are responsible for ensuring that the bank account information they provide to True Present is accurate and up-to-date. True Present is under no obligation to recall funds transferred to an incorrect bank account. True Present shall not be liable for any amounts transferred to an incorrect bank account due to incorrect bank account information submitted by the Host. True Present advises that the Host carefully reviews his/her bank account information before submitting the bank account information to True Present.
4.4 Closing the Event Fund
The Host may close the Event Fund at any time before or after the event date but, in any case, no later than__weeks’ time from the event date (as explained in the immediate paragraph below). On the day that the Host closes the Event Fund, all invitations sent to the Guests inviting them to send Gift Money to True Present will expire. Provided that the Host has verified his/her the information needed by True Present to proceed with transferring the Event Fund (as described in Section 4.3), the Charity Donation will be transferred to the Charity Partner (after the deduction of the Processing Fee described below in Section 4.5) and the remainder of the Event Fund will be distributed to the Host. The Charity Partner and the Host will generally receive payment within__weeks of Event Fund closing date assuming we have all the correct account details.
The Host must verify his/her personal information in order to close the Event Fund. True Present will send a number of reminders to the Host to verify his/her personal information and to close the Event Fund within the __-week period. True Present will send the final reminder to the Host in the __week after the event date. If the Host does not verify his/her personal information to enable the closing of the Event Fund, True Present shall be entitled upon the completion of the __week period to close the Event Fund without further notice to the Host and (having deducted the Processing Fee described in Section 4.5) immediately transfer the entire Event Fund to the selected Charity Partner. The Host acknowledges and agrees that he/she shall have no claim against True Present in respect of the proportion of the Event Fund previously designated to the Host but subsequently transferred to the Charity Partner due to the Host’s delay in verifying his/her bank account information.
Notwithstanding this Section 4.4, True Present may close the Event Fund at any time in accordance with its rights stated under Section 9.1 and 9.2.
True Present charges an administration fee equivalent to __per cent of the Event Fund collected for each event invitation ("Administration Fee") to cover the costs of maintaining its operations. The Administration Fee is in addition to the "Transaction Fee" of__ per cent ("Transaction Fee"), which covers all fund transfer related expenses (e.g. credit card, transfer fee to host/charity). (The Administration Fee and the Transaction Fee are collectively referred to as the "Processing Fee".) The Processing Fee is the only fee that would be charged for using True Present’ services; use of the Website is otherwise free-of-charge.
Owing to the way our IT system is automated, we can only deduct the Processing Fee from the Charity Donation. By way of example, if the Event Fund is INR1000 and the Host has allocated 50 per cent as the Charity Donation, the Host will receive INR500 and the selected Charity Partner will receive INR402, net of the Administration Fee of INR50 and Transaction Fee of INR48.
True Present will make two payments by wire transfer of the appropriate amounts to the Host and the selected Charity Partner.
4.6 Returned funds due to incorrect bank details
In the event that True Present’s instruction to deposit the proportion of the Event Fund into the Host’s bank account is rejected because the Host has provided the incorrect bank account information, True Present will notify the Host by email and request that the Host provides the correct bank account details. If the Host fails to provide the correct account information within __ weeks of True Present’s notification email being sent, thus causing True Present unable to successfully deposit the amount into the Host’s account, True Present will (having deducted the Transaction Fee) immediately transfer the Host’s proportion of the Event Fund to the selected Charity Partner. The Host acknowledges and agrees that he/she shall have no claim against True Present in respect of the proportion of the Event Fund previously designated to the Host but subsequently transferred to the Charity Partner due to the Host’s failure to provide correct bank account information.
*bank*, which we use for transferring Charity Donations to Charity Partners and the Host’s proportion of the Gift Money to the Host, may charge True Present additional processing fees for handling rejected deposit payments. If True Present is charged additional processing fees by *bank*as a result of incorrect bank account details provided by the Host, True Present shall be entitled to deduct an amount equivalent to such additional processing fees from the rejected deposit payment before wire transferring it back to the Host or to the selected Charity Partner (in the situation where the Host fails to provide the correct account information within four (4) weeks of True Present’s notification email being sent).
4.7 Refund of contributions to Guests
If Guests discover that they have made a payment error by mistake, please contact us immediately by email at the address shown at the end of these Terms of Service. Provided that the Event Fund has not closed and the event date has not passed, True Present will investigate the purported payment error and may refund Guests their Gift Money. The decision to refund Gift Money shall be subject to True Present’s absolute discretion and determined by True Present on a case-by-case basis.
All refund of Gift Money to the Guests are made net of any applicable refund fee of INR__ ("Refund Fee").
4.8 Rescheduling or cancelling an event
A Host can cancel or reschedule an event.
The Host can reschedule an event multiple times but the rescheduled event date must be within __ years of the date on which the Host sends out the first invitation.
If an event is cancelled or rescheduled, Gift Money contributed by Guests through the Website cannot be refunded.
In the case of a cancelled event, no more contributions can be made towards the party. The Host need to will close the Event Fund immediately so that True Present can distribute the amount of the Event Fund collected as of the date of cancellation in the proportions elected by the Host to the Host and the selected Charity Partner (after deduction of the Processing Fee).
In the case of a rescheduled event, True Present will not make refunds to those Guests who have made contributions but cannot attend the event on the rescheduled date, but will instead keep the accumulated Event Fund open until the Host closes it (which could be before or after the rescheduled event date). After the rescheduled event occurs and the Event Fund is closed, True Present will process the Event Fund in accordance with Sections 4.1 to 4.7.
The relevant Charity Partner will issue and send to the Host (not to the Guest) a tax receipt for the Charity Donation (net of the Processing Fee), provided that the Charity Donation is greater than INR__. The tax receipt is issued in the name provided by the Host at the time that he/she closes the Event Fund. The Host should receive the tax receipt a few weeks after True Present wire transfers the Charity Donation to the selected Charity Partner. (True Present will notify the Host that the Event Fund has been transferred to the Host and the selected Charity Partner once the transactions have been completed.) Please contact us if you do not receive your tax receipt.
The materials on the Website are provided "as is". True Present does not provide any warranty or guarantee as to the accuracy, validity, reliability, timeliness, performance, completeness or suitability of the information contained in or published on the Website and does not warrant that any material shown on the Website is fit for any particular purpose.
True Present does not warrant that any User-Generated Content is free from unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under applicable law. If you consider that any User-Generated Content contains any such materials, please alert us immediately by sending an email to the address shown at the end of these Terms of Service, and we will attempt to resolve the issue as soon as reasonably practicable.
To the maximum extent permitted by law, True Present excludes all direct and indirect liability for any loss or damages suffered by any users of the Website. You expressly agree that, except for death and personal injury arising as a consequence of True Present’s negligence, neither True Present, nor its affiliated or related entities, nor any of their respective employees, or agents, nor any person or entity involved in the creation, production or distribution of the Website are responsible or liable to any person or entity whatsoever for any loss or damage resulting from the use of this Website.
True Present does not guarantee continuous, uninterrupted or secure access to the Website. While True Present attempts to keep the Website free from viruses, True Present does not guarantee that the Website is free from viruses. We recommend that you take care to ensure that your computer and equipment has adequate anti-virus protection (eg. using virus scanners) before downloading documents and data from this Website.
True Present places all Gift Monies in a non-interest-bearing Account held with a bank licensed as such by the ______Monetary Authority (the “Trust Account”). We keep Gift Monies separate from our own money, which we hold in a bank account separate from the Trust Account. We hold Gift Monies and the Trust Account on trust for application as provided in these Terms of Service. We shall have no fiduciary or other duties in our role as trustee of the Gift Monies or the Trust Account, except as expressly provided in these Terms of Service. We shall not be liable for any breach of trust, negligence or other action or inaction, except to the extent that such liability arises from our own fraud, willful misconduct or gross negligence.
Unless otherwise notified on the Website, all trade marks, service marks, logos and domain names used and displayed on the Website (the "Trade Marks") are the exclusive property of True Present, or the property of the third parties which have granted True Present permission for use under licence or applicable law. Nothing in the Terms of Service or on the Website grants, by implication, estoppel, or otherwise, any licence or right to you to use any of the Trade Marks or any other intellectual property rights of True Present.
You are permitted to browse the Website for your personal use without charge (unless you use the Website to collect Event Fund) in accordance with these Terms of Service.
You are not permitted to duplicate, translate, republish, upload, post, transmit, or distribute any content contained on the Website, including texts, images, illustrations, audio clips, and video clips. Such content is owned and controlled by True Present or by third parties that have licensed such materials for use to True Present.
You are not permitted to copy, modify, reverse engineer or extract any information, source codes or underlying HTML from the Website or any connected or related applications, systems or services, except to the extent permitted under applicable law or with our prior written consent. You agree that you will not use the Website in conjunction with any application or other technology that attempts to do any of the above prohibited operations or which otherwise causes the Website to operate in an unauthorised manner.
9.1 Termination of Service
True Present, in its sole discretion, reserves the right to terminate these Terms of Service and/or your access to services on the Website for any reason, including your breach of any provisions of the Terms of Service or breach of applicable law in relation to your use of the Website or any other unlawful conduct at any time upon notice to you. Whether you are accessing the Website as a Host or a Guest, if we cancel or suspend your access to your account, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it to be appropriate. You acknowledge that our decision to take certain actions, including cancelling or suspending access to your account may be based on confidential criteria that is essential to our risk management, the security of the accounts of other Registered Users and True Present’s IT system. You agree that True Present is under no obligation to disclose the reasons for cancellation or suspension of your account.
9.2 Effects of Termination
An event invitation will remain open despite the cancellation or suspension of the use of the Website or the account of any Guests invited to contribute to the Event Fund for that event.
If a Host’s account is cancelled or suspended, any active event invitation organised by that Host will be closed immediately. The Event Fund will be distributed to the Host and the Charity Partner in accordance with the proportions designated by the Host after deduction of the applicable Processing Fee.
True Present may place a reserve on Event Fund collected up to the date of cancellation/suspension if it is legally required or ordered to hold the Event Fund by the relevant authorities. In such situations, we will notify you of such action (to the extent permitted under applicable law).
9.3 Use of Your Account Post-Termination
Your Registered User account name remains the property of True Present and we reserve the right to reclaim and reuse your Registered User account name once your account is terminated or deactivated for whatever reason by either you or us.
True Present reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Service at any time. Any material changes to these Terms of Service that may affect your rights will be notified to you on the Website’s homepage within the first week of which such change is made and notified to you by email if you have registered your email address with True Present. We encourage you to review these Terms of Service regularly so that you are familiar with their scope and any changes that may have been made. By accessing and using the Website after we have posted notice of any changes, alterations or updates, you agree to be bound by the revised Terms of Service.
13.1 Governing law and dispute resolution
These Terms of Service are governed by, construed and enforced in accordance with the laws of India. Any action by you, any third party or True Present may bring to enforce these Terms of Service or, in connection with, any matters related to this Website shall be subject to the exclusive jurisdiction of the Indian courts.
If you are reading a translated version of the Terms of Service, the English version of the Terms of Service shall prevail.