1. Introduction
These Terms and Conditions ('Terms') constitute a legally binding agreement between you ('User') and Samidha FinTech Private Limited ('SAMIDHA'), governing your access to and use of the Platform at /.
By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms. These Terms are published in compliance with the Information Technology Act, 2000 and the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
2. Definitions
- "Platform" means the SAMIDHA digital donation management and fundraising platform, including its website, mobile interface, and associated services.
- "Donor" means any individual, organisation, or corporate entity making a donation through the Platform.
- "NGO" or "Sanstha" means any charitable organisation, trust, society, or Section 8 company registered to receive donations on the Platform.
- "Donation" means a voluntary, irrevocable contribution made by a Donor to a registered NGO through the Platform.
- "Campaign" means a fundraising initiative created by an NGO on the Platform.
- "1Pay" means the authorised payment processing partner (https://www.1pay.in).
- "80G Receipt" means the donation receipt and tax exemption certificate under Section 80G, Income Tax Act, 1961.
3. Platform Nature and Role
SAMIDHA provides digital infrastructure for donation processing, fundraising management, donor engagement, and compliance support. SAMIDHA facilitates the connection between Donors and registered NGOs but does not control, direct, or manage NGO operations; guarantee NGO outcomes or impact; act as trustee, agent, or legal representative of any NGO or Donor; or endorse or warrant any NGO's work. Verification of NGOs does not constitute endorsement. Membership management services provided through the Platform are additionally governed by SAMIDHA's Membership Management Policy, available at /membership-policy.
4. User Registration and Accounts
4.1 Donor Registration. Donors register by providing accurate personal information. You are responsible for maintaining confidentiality of account credentials and must notify SAMIDHA immediately of any unauthorised access.
4.2 NGO Registration. NGOs must complete the verification and onboarding process (as described in the NGO Verification Policy at /ngo-verification-policy) before receiving donations. Acceptance is at SAMIDHA's sole discretion.
4.3 Account Accuracy. Users must keep registration information updated. SAMIDHA may verify information at any time and suspend accounts where inaccuracies are detected.
5. Donation Processing
5.1 Nature of Donations. Donations made through the Platform are voluntary, irrevocable contributions to the selected NGO, final upon successful processing, and subject to the Refund Policy at /refund-policy.
5.2 Payment Processing. All payments are processed exclusively by 1Pay in accordance with applicable RBI guidelines. SAMIDHA does not store payment instrument details. By making a payment, you agree to 1Pay's terms of service at https://www.1pay.in.
5.3 Tax Benefits. Donations to NGOs with valid 80G registration may qualify for deduction under Section 80G, Income Tax Act, 1961. SAMIDHA facilitates 80G receipt generation but does not guarantee applicability or quantum of tax benefits, continued validity of 80G registrations, or outcomes of any change in tax law. Donors should consult a qualified tax advisor.
5.4 Foreign Contributions. Donations from foreign nationals or non-residents may only be directed to NGOs holding valid FCRA registration. SAMIDHA does not facilitate foreign contributions to NGOs without valid FCRA approval.
6. Fundraising Campaigns
NGOs may create campaigns subject to SAMIDHA's approval. Campaigns must accurately describe purpose and use of funds; comply with all applicable law including FCRA; not contain false or misleading claims; and not solicit donations for illegal purposes. SAMIDHA reserves the right to remove or suspend any Campaign violating these Terms, without prior notice.
7. Acceptable Use Policy
Users must not use the Platform to:
- Violate any applicable Indian or international law.
- Upload or distribute false, fraudulent, defamatory, obscene, or harmful content.
- Impersonate any person or misrepresent organisational affiliation.
- Collect personal data of other users without authorisation.
- Introduce viruses, malware, or other harmful code.
- Attempt unauthorised access to any part of the Platform.
- Use the Platform for money laundering, terrorist financing, or illegal financial activity.
- Create fictitious donor or NGO accounts.
- Solicit donations for undisclosed purposes.
- Place unreasonable load on Platform infrastructure.
8. Intellectual Property Rights
All intellectual property in the Platform — including software, source code, design, trademarks, logos, and content ('SAMIDHA IP') — is owned by or licensed to Samidha FinTech Private Limited. Nothing in these Terms grants any user a licence to use SAMIDHA IP except for personal, non-commercial use of the Platform. Users may not copy, modify, distribute, or commercially exploit any SAMIDHA IP without prior written consent.
9. User-Generated Content
By submitting content (campaign descriptions, impact updates, photos, or testimonials), you grant SAMIDHA a non-exclusive, royalty-free, worldwide licence to use, display, and distribute such content for Platform operations and non-commercial purposes. You represent that you own or have the right to use such content and that it does not infringe third-party rights.
10. Platform Suspension and Account Termination
SAMIDHA may suspend, restrict, or terminate access, without prior notice or liability, if: a User violates these Terms; fraudulent or illegal activity is suspected; continued access poses risk to the Platform, other users, or NGOs; false registration information is provided; or required by court order or regulatory authority. Pending donations will be processed in accordance with the Refund Policy.
11. Limitation of Liability
To the fullest extent permitted by Indian law, SAMIDHA shall not be liable for: any loss arising from activities, omissions, or insolvency of any NGO; failure of 1Pay or other third-party payment processors; loss of data, revenue, or business from Platform downtime; indirect, incidental, consequential, or punitive damages; or misuse of the Platform by other users.
SAMIDHA's aggregate liability for any claim shall not exceed the Platform service fees paid by the claimant in the twelve (12) months preceding the claim. This limitation does not exclude liability for fraud, wilful misconduct, death, or personal injury caused by SAMIDHA's negligence.
12. Indemnification
You agree to indemnify and hold harmless SAMIDHA, its directors, officers, employees, and agents from claims, losses, damages, penalties, costs, and expenses (including reasonable legal fees) arising from: your violation of these Terms or applicable law; content you submit through the Platform; your misrepresentation of identity or credentials; or any third-party claim arising from your Platform use.
13. Force Majeure
SAMIDHA shall not be liable for failure or delay caused by circumstances beyond its reasonable control, including acts of God, natural disasters, epidemics, war, government action, telecommunications disruptions, power failures, cyberattacks, or acts of third-party service providers.
14. Dispute Resolution
Disputes shall first be subject to good-faith negotiation for thirty (30) days. Unresolved disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator mutually appointed by the parties, with seat and venue in Mumbai, Maharashtra, India, conducted in English. The arbitral award shall be final and binding.
15. Governing Law
These Terms shall be governed by the laws of India. Subject to the arbitration clause, the courts of Mumbai, Maharashtra, India shall have exclusive jurisdiction.
16. Grievance Officer
Grievance Officer — SAMIDHA Platform, Samidha FinTech Private Limited.
Email: grievance@samidhadonor.in
Website: /grievance
Address: Maharashtra, India. Response Time: Within thirty (30) days of receipt.
17. Amendments
SAMIDHA may revise these Terms at any time. Revised Terms will be published with an updated effective date. Continued use after the effective date constitutes acceptance.