TERMS AND CONDITIONS

TERMS & CONDITIONS

Section A - Introduction

  1. Welcome

1.1 Welcome to Bonsaiapp.in. The Bonsaiapp.in website and the services provided through it (collectively called Bonsai) are operated and owned by TrillData Technologies Private Limited

1.2 We may make Bonsai available through a number of platforms, including website, app based, etc. collectively called the "Platform". It is currently available through the website located at www.Bonsaiapp.in

1.3 To make these Terms quicker to read, we use a few key definitions:

  • We refer to any individual, company, partnership, organization, trust, or other entity that is seeking to conduct a Campaign to raise funds on the Platform as a "Campaign Owners" and their ideas or cause or effort or event for which they wish to raise funds as a "Project" and the campaign proposed to be conducted or undertaken by the Campaign Owner on the Platform for the purposes of raising monies or receiving contributions for any Project will be referred to as a "Campaign" and the page/s on Platform where the Funders will be able to make their contributions and where all the promotional materials (videos, images, information, graphics, etc.) that the Campaign Owners wish to use to raise funds for their Campaign, as "Campaign Page". 
The financial aim of a Campaign will be referred to as its "Funding Goal", Bonsai members/ users who support those Campaigns by contributing funds as "Funders", their financial contributions as "Funding", the financial aim or target of a Campaign sought by a Campaign Owner for a particular Campaign as the "Funding Goal", the maximum period for which Funding can be made for a Campaign as the "Funding Period" and the total value of Funding (excluding cancelled Funding) that a Project has received at the end of the Funding Period as "Total Funds Raised".
Further, irrespective of whether someone chooses to contribute funds or not, they can choose to be a "Supporter" and show their support through either liking and / or sharing the Campaign / Campaign details on social media networks.
Campaign Owners, Funders, Supporters and other registered members are referred to as "Bonsai Members" 
Bonsai Members and other visitors to the site are referred to as "Users" or "you", as applicable.

1.4 Types of Campaigns:

  • (i) Keep what you get/raise: These are Campaigns where the Total Funds Raised would be transferred to the Campaign Owner even if the pre-stated Funding Goal is not met. This is best suited for causes or charitable Campaigns.
  • A Campaign will be deemed to be funded at the end of the Funding Period, if any monies are raised, in which event, the Campaign Owner keeps all the money raised net of payment gateway charges.

1.5 We provide a platform for individuals and organizations that are Bonsai Members to raise funds for Campaigns and to contribute to those Campaigns by funding them. The platform allows Campaign Owners to offer gifts or rewards in the form of tangible items or intangible services ("Rewards") to Funders as an incentive to support and also provides them with an opportunity to build a community around each Campaign by promoting it on the platform and on certain social media sites to friends, family and other supporters.

1.6 These Terms and Conditions are binding on all Users. Certain sections may not be applicable or relevant to some Users depending on the nature of your use of the Platform. We also have a number of policies and guidelines referred to in these Terms and Conditions, including our Privacy Policy, Campaign Owners Agreement, and Campaigns & Rewards Guidelines. They all form part of the terms and conditions that are incorporated in the contract between you and the Platform. (Collectively, the "Terms") which will be binding on you when you agree to the terms and conditions by clicking on the button.

1.7 By using the Platform bonsaiapp.in, you confirm that you accept these Terms and that you agree to comply with them. If you are using bonsaiapp.in in connection with your organization, the terms 'you', 'your' or 'your organization' in these Terms are also a reference to the business, charity institution or other organization or entity ("Business") on whose behalf you act when using, registering, backing or creating a Campaign on bonsaiapp.in. If you do not want to be bound (or your Business to be bound, where applicable) by these Terms please do not access, use and/or contribute any content to bonsaiapp.in or interact with Bonsai Members.

  1. Accessing and using bonsaiapp.in

2.1 Anyone can access bonsaiapp.in. However, to post a Campaign and become a Campaign Owner or make a contribution as a Funder or Supporter, you will need to register as a Bonsai Member by signing up and creating an account. To create an account, please go to the Sign Up page. Whether using the google account or registering using Facebook Connect, you will be asked to confirm your acceptance to these Terms.

2.2 Bonsai shall have the right to reject, cancel, interrupt, remove, or suspend any Bonsai Member, Campaign or Campaign at any time and for any or no reason. You are not eligible to use bonsaiapp.in if we have temporarily suspended or previously terminated your access to the website and we have not expressly authorized you in writing to resume using bonsaiapp.in.

  1. Your privacy and our use of cookies

3.1. We take your privacy very seriously. Please read our Privacy Policy to see how we use your personal information.

3.2. Like many online services we use a feature called a 'cookie', which is a small data file that is sent to your browser from a web server and stored on your device's hard drive. References in these terms include authorization that allows us to use other means of automatically accessing or storing information on your device. By agreeing to these Terms, you are providing your consent for us to use cookies in the ways described in our Privacy Policy, However, you may delete any of these cookies at any time if you wish.

  1. Account registration

4.1. You must make sure that all the information you provide when you register with Bonsai is true, accurate and current and complete. If you change any of your registration details , you undertake to update your account.

4.2. Your account is for your personal use only. To help us maintain the security of bonsaiapp.in, you must keep your login details confidential. It is your responsibility to ensure that you do not share your login details with any other person or leave your device unattended whilst logged into bonsaiapp.in as you will be held responsible for all activities that occur under your password or account (with or without your knowledge) as a result of doing so. If you become aware of any misuse or unauthorized use of your login details, then you must inform us immediately by sending an email to us and we will help you re-set your details. However, notwithstanding you intimating us, you shall solely be responsible and accountable for all consequences of any such misuse or unauthorized use

4.3. In the event that you have, or we have reason to believe that you have breached these Terms, we may terminate or suspend your registration and/or access to bonsaiapp.in and/or to any content made available on bonsaiapp.in.

4.4. You can request deletion of your account at any time as long as you do not have any active Campaigns or any outstanding Funding relating to unexpired Campaigns you have backed. Please email us to request deletion of your account

4.5. We reserve the right to delete your account at any time at our sole discretion for any or no reason.

Section B: Creating Campaigns and Funding.

  1. Bonsai provides an online crowd funding venue for entities or organizations seeking to raise funds for their own Campaigns or to contribute to the Campaigns of others. We provide a technology platform to allow Campaign Owners to connect with Funders and facilitate an agreement between Campaign Owners and Funders for Funding. A contract between the Funders and the Campaign Owner is concluded upon the receipt of Funding by the Campaign Owner. Consequently, we are not a party to the contract between the Campaign Owners and Funders. We also do not guarantee any Campaign & we are not a party to the contract between the Campaign Owners and Funders.
  2. Other than as specified above, we do not have any involvement in any Campaign or any arrangements any Bonsai Member makes with another through bonsaiapp.in. We therefore are not responsible for the nature or quality or performance of a Campaign or any rewards, nor do we promise that any Bonsai Member, whether Campaign Owner or Funder, will do as they promise. Any and all risks in relation to the success or failure of the Campaign/ Campaign shall be solely that of the Campaign Owner. The arrangements you make are solely private and the contracts relating to Campaigns, Funding and any rewards are made directly between the individual parties concerned.
  3. While we make sure that we collect data pertaining to email, personal details & mobile phone data of our Members we do not guarantee that any of the Bonsai Members are who they say they are or that the information they provide is accurate, complete or true. Consequently, we make no recommendation or representations in relation to any Bonsai Member or their Campaigns.
  4. Campaign Owners

8.1. Creating and updating Campaigns

8.1.1. We have specific rules regarding the types of Campaigns that you can post on bonsaiapp.in. Campaign Owners cannot start Campaigns that involve loans, investments, equity, shares, contributions for any illegal activities or anything related to a criminal investigation; or for raising funds for self-medical expenses or to buy real estate, or pre-sell stakes or holidays in properties that are not yet owned or built by the Campaign Owner. Capaigns need to have a social cause promoting wellbeing of society directly or indirectly.

8.1.2. All funding for any Campaign raised from a Bonsai Member must be channeled and made through bonsaiapp.in.

8.1.3. A Campaign Owner may be permitted to run multiple crowd funding Campaigns on Bonsai with respect to one or more Campaigns at our sole discretion.

8.1.4. The minimum Funding Period is 14 days and the maximum is 365 days unless specifically agreed by us otherwise in writing.

8.1.5. The Campaign Owner shall at all times engage with and keep the Funders updated about the progress of the Campaign, including the causes or reasons for any delays. While creating the Campaign on bonsaiapp.in, the Campaign Owner needs to commit to an update frequency that they will conform to after the successful completion of the campaign.

8.1.6. Once you have submitted your Campaign details for posting, you cannot change its Campaign Goal, the Funding Goal or the Funding Period unless agreed to. You can however change the Rewards for your Campaign before you receive any Funding.

8.1.7. We reserve the right, but are not obliged, to attempt to verify your identity and other information you provide to us and to reject, cancel, interrupt, remove, or suspend an active Campaign at any time and for any reason. We shall have sole discretion to cancel, remove or suspend Campaigns or Funding that we, or our third party payment gateway providers, believe to be involved in money laundering. If, in our sole discretion, we determine your Campaign to be a high fraud risk we may also ask you for more information and you agree to respond to such requests and provide such information within a reasonable time. We, or our payment gateway providers, may, at our sole discretion, also perform any enquiry or examination before any funds are distributed to you. We will not be liable to you for any losses that you suffer or incur as a result of us taking any of the actions as mentioned in this paragraph.

8.2. Offering Rewards

8.2.1. We have specific rules regarding the types of Rewards that a Campaign Owner can offer to Funders as incentive for their funding. These can be tangible goods and intangibles like electronic wishes, thank you videos etc. These rewards under no circumstances whatsoever shall be financial (e.g. - profit share, revenue share, interest on amount contributed, ownership/equity stake in lieu of Funding, etc). These rewards should not be counterfeited products or products that infringe on the trademarks or copyrights of any other company, brand, manufacturer, etc. or anything related to a criminal investigation. The Campaign Owner cannot offer tobacco, drugs or drug paraphernalia, contests, raffles, or lifetime memberships, firearms, weapons, knives, weapon accessories or replicas of weapons & manufactured products which don't meet India's safety guidelines (i.e. ISI). Please refer to our Rewards Guidelines.

8.3. Funding

8.3.1. Funders may fail to fulfill payment of Funding and you acknowledge that their payment of Funding is entirely outside of our control. Consequently, we cannot guarantee and shall have no liability to any Campaign Owner for their failure to receive any funds/ Funding from Funders in relation to their Campaign(s) via bonsaiapp.in.

8.3.2. Campaign Owners may contact bonsaiapp.in to cancel any Funding for any reason and at any time before the Funding Period ends and shall not be required to fulfill any related Rewards if they do so.

 

8.4. Campaign Owners Obligations

As a Campaign Owner, you shall:

  1. a) Apply any funds you receive from Funders solely and directly for the purposes of achieving the objectives stated in the Campaign and use them for no other purposes;
  2. b) Meet all commitments you make in your Campaign including, but not limited to, delivering all rewards you offer to Funders;
  3. c) Promptly and accurately respond in full and to our satisfaction to all queries, clarifications or requests made by us and/or any Funder;
  4. d) Not use any personal information we share with you in connection with a Funder for any reason other than fulfilling a reward or contacting them in relation to the Campaign for which they have made a Funding;
  5. e) Promptly contact and work with Funders to reach a mutually satisfactory resolution, which may include refunding their Funding if you are unable to fulfill any of your commitments (including providing any rewards);
  6. f) Comply with all applicable laws and regulations, including without limitation any tax obligations, in relation to your Campaign and your use of Funding; and
  7. g) Not take (or refrain from taking) any action or make any business or other decision in reliance on having your Campaign posted on bonsaiapp.in or on presumption or receiving any funds until you have the received the funds into your bank account.
  8. Funders

If you choose to contribute to a Campaign, you acknowledge that your Funding does not entitle you to any rights in or to any Campaign, including any ownership, control or intellectual property rights. Please also read the Campaign Owners Agreement for the detailed terms relating to Campaigns, Campaigns and Funding.

9.1. Making a Contribution

9.1.1. Once you have registered as a Bonsai Member, you can make a Contribution by visiting the Campaign Profile Page of a Campaign, selecting the amount you wish to contribute, choosing your payment method and making the payment.

9.1.2. Your name will be made publicly available in connection with each Campaign for which you contribute to under the Campaign Profile Page.

9.3. Payment method

Once you have confirmed the amount you wish to contribute, you will be re-directed to our payment gateway provider for making the payment. The terms and conditions of the payment gateway relating to the provision of the payment gateway services will apply to the payments you make using them. Please see the terms and conditions that will apply to the processing of the contribution. Any personal information you provide to the payment gateway providers will be processed in accordance with their privacy policies and not ours.

You may make contributions by PayTM. The Funding received with respect to a Campaign shall be held in a separate account by the Platform till the end of the Funding Period or the cut off of the Campaign pursuant to achieving Funding Goal or the stretched Funding Goal, as the case may be. A Funder may seek a refund only within 24 hours of making a contribution.

9.4. Payment Gateway Fees payable by Funders

Please note that payment gateway charges will be deducted from the amount contributed by Funders.

9.5. Refunds

9.5.1. If you are a Funder, you may seek a refund only within 24 hours of making a contribution. Irrespective of the campaign period, no refunds shall be entertained in the last 15 days of the Campaign. By way of clarification, it is clarified that in case of campaigns that are for a period of 15 days or less, there shall be no refunds at all.

9.5.2. If a Campaign for which you have made a Funding is not deemed funded by the end of the Funding Period and is under the All or Nothing funding model, your Contribution if made using Indian credit card/ debit cards/ e- wallets/ net banking will be cancelled automatically and any amounts remitted will be returned in full.

9.6. Funders Obligations

As a Funder, you are encouraged to provide feedback and rating on campaigns during contribution and if needed revise the same basing on the updates provided by the Campaign Owners. The ratings are aggregated and displayed as Crowd Rating of every campaign.

9.7. Publication and sharing of personal information relating to Funders with Campaign Owners

9.7.1. We publish the username of each Funder on the Campaign Profile Page and we share these details and each Contributor's full name, email address and postal address with the applicable Campaign Owner for receipts and other regulatory purposes and for them to fulfill your Reward and to contact you in relation to the Project

9.7.2. Please see our Privacy Policy for further details regarding the types of personal information we share with Campaign Owners and the purposes for which this information will be used.

 

Section C: General Terms

  1. Any content which you and other Users post or contribute to bonsaiapp.in using its community features (including content you upload to your Campaign Profile Page, comments you make on Campaigns Profile Pages, internal messages and Campaign updates) is generally known as user generated content or "UGC" for short.
  2. While we positively encourage Bonsai members to make full use of bonsaiapp.in and in particular to participate in the bonsaiapp.in community, however, to ensure that everyone has an enjoyable and satisfying experience, we require that you abide by the guidelines set out in these rules.
  3. You agree to ensure that:
  • a) You will contribute UGC to Bonsai only if you know that you have the necessary rights to do so. By contributing UGC to bonsaiapp.in, whether text, images, video, sound recordings or other material, you are promising to us and to other users that: (i) you either own any copyright in that content or that you have obtained the necessary right(s) to make the content available through Bonsai in accordance with these Terms and permit its use via Bonsai and in our newsletters and that such permissions are freely available on demand by us should we require; and (ii) you will not be infringing anyone's intellectual property or other rights or breaching any law or regulation (including data protection and privacy laws), by contributing or posting such UGC and by allowing it to be used in the ways described in these Terms. If you are in doubt about whether you have permission to post your UGC, please do not upload or post it to bonsaiapp.in
  • 
b) All information provided by you via bonsaiapp.in or which you provide to other Bonsai Members or in connection with any Campaign is accurate, true and up to date in all respects and at all times and is not misleading in any way;
  • 
c) All content posted by you is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, or otherwise objectionable or embarrassing to any other person and as determined by us in our sole discretion;
  • 
d) You will use bonsaiapp.in and any information and content obtained from it lawfully and only for the purposes for which it has been provided and in accordance with these Terms;
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e) You will not harass or mislead or act unlawfully towards any person that you have contacted via Bonsai or disclose or use any contact information that they may provide to you without their consent; and you will cease to contact anyone that you have contacted via Bonsai immediately if they request you to do so; and
  • 
f) You undertake that any content you upload is not and will not be in breach of any copyright or other intellectual property rights owned by a third party and, in the case of any photos or videos that identify individuals, that you have their full permission to make their image available through Bonsai and to permit use of such content and image by any third parties we may authorize under these Terms. In the case of children, you should obtain prior permission to use their image from their parents or guardians.
  1. You may not:
  • a) Distribute or post spam, in particular by sending unsolicited marketing messages to any other Bonsai Member, or distribute or post chain letters, or pyramid schemes;
  • b) Distribute viruses or any other technologies that may harm Bonsai or the interests of any User of Bonsai or otherwise interfere with or disrupt our servers;
  • c) Post or transmit any advertisements for or solicitations of business;
  • d) After receiving a warning, continue to disrupt the normal flow of dialogue or post or transmit comments that are not related to the topic being discussed;
  • e) Except as permitted under these Terms, copy, modify, or distribute our content or trade marks from bonsaiapp.in or Bonsai Member’ copyright material and trademarks or any content or trademarks owned by a third party unless you have their explicit permission;
  • f) Harvest or otherwise collect or use information about Bonsai Member without their explicit consent;
  • g) Impersonate another Bonsai Member or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • h) Allow any other person or entity to use your log in details or account for posting or viewing comments or for communicating with other Bonsai Member;
  • i) Continue to use Bonsai, directly or indirectly, if your access to Bonsai has been suspended or your account terminated; or
  • 
j) Engage in any other conduct that is unlawful or illegal or restricts or inhibits any other persons from using or enjoying Bonsai, or which, in our judgment, exposes us to any liability or detriment of any type.
  1. When you contribute UGC to bonsaiapp.in:
  • a) You are granting us unlimited, non-terminable and free permission (including the right to sublicense that permission) to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGC otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world. Bonsai may allow any third parties authorized by us to reproduce, display, publish, communicate, perform and/or embed activity and content on their platforms, including their websites and applications; including allowing third parties to link to pages on bonsaiapp.in, which contain your UGC.
  • b) You are granting to every other user of bonsaiapp.in unlimited, non-terminable and free permission to use all or any part of your UGC.
  1. Any postings on Bonsai and the uploading of any photos, pictures, videos, animations or other audio-visual material to Bonsai by any User are solely the views and opinion of the person posting and does not constitute any form of recommendation, representation, endorsement by us. We have no control over and are not responsible for the truth or accuracy of any content, its compliance with any legal or regulatory requirement or its quality or safety.
  2. Exchanging personal information with other users

Disclosing personal information

We caution against revealing any information from which you can be personally identified by other users such as your home or work contact details, your last name or where you live except in accordance with these Terms. We are neither responsible nor liable for any information exchanged by the Users or for any direct, indirect or consequential liabilities in respect of such information.

  1. Misuse of the site

17.1 We may (but are not obliged to) monitor the use of the community facilities from time to time. However we still rely on you to inform us if you spot any abuse or inappropriate behavior, in which case we may review specific postings. If you feel you have been threatened, damaged or abused in our community or via our communication systems or if you believe any infringement of your rights may have occurred through bonsaiapp.in please contact us at help@bonsaiapp.in

17.2. We reserve the absolute right and discretion (but we are not obliged) to do any or all of the following:

  • a) record the content (including any communications), the bonsaiapp.in community or in our communication systems;
  • b) investigate a claim that any one or more items of content do not comply with the community rules set out hereunder, and determine in our sole discretion to remove or request the removal of the content
  • c) remove without notice any content that in our opinion is abusive, illegal, or disruptive, or that otherwise fails to conform to these Terms;
  • d) block or terminate any User's access to Bonsai or to any post content
  • e) edit or remove any content posted on Bonsai, regardless of whether such content breaches these Terms;

17.3. If you disagree with a decision made by us, you should regardless of whether such content breaches these Terms not use the community facilities to dispute or argue about any decision we make. Any decision we make as to your appeal including removing or requesting the removal of any content or to terminate or suspend any accounts shall be final. The termination or suspension of an account shall apply to any and all user accounts that may have been used by a user.

  1. Disputes between Bonsai Members

18.1. We are under no obligation to become involved in disputes between any Bonsai Members, or between Users and any third party arising in connection with the use of bonsaiapp.in. This includes, but is not limited to, the fulfillment of Rewards or other commitments and services, and any other terms, conditions, warranties, or representations associated with Campaigns on the bonsaiapp.in. We do not monitor and are not liable to you for the performance or punctuality of Campaigns nor do we endorse them.

18.2. We will co-operate with any law enforcement authorities in any investigations arising out of your dispute with another Community Member.

Section D: General provisions

  1. Our content

19.1. You hereby acknowledge that we own all rights, title, and interest in bonsaiapp.in arising out of the associated content, including but not limited to all Intellectual Property Rights, Copyright, and Trademarks

19.2. Our content includes any information or other material found on or via bonsaiapp.in, including without limitation text, databases, graphics, videos, software and all other features found on or via bonsaiapp.in.

  • We make bonsaiapp.in, our content and any UGC available through bonsaiapp.in for your personal, non-commercial use only (please see paragraph 1 of Section C, About the content you and others provide to bonsaiapp.in for further details about the UGC that we make available through bonsaiapp.in). You may view bonsaiapp.in pages and content online and print a copy of these Terms for your records. You are prohibited from using any of our content for commercial user.
  1. To be clear, you are not in any circumstances permitted to:

20.1. Make commercial use of any such content except in the case of your own UGC which you may use for the purposes of providing information in connection with your Campaign on the Campaign Profile Page and/or your Business (if applicable);

20.2. Edit any such content; or

20.3. Remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.

20.4. The trademarks, logos and brands appearing on bonsaiapp.in are owned by our licensors or us. No permission is given in respect of the use of any of these marks, logos or brands, and any such use may constitute an infringement of the holder's rights.

  1. Third-party software

21.1. You acknowledge that you may need to download and activate certain software in order to use certain content available on bonsaiapp.in. This software will be clearly identified on bonsaiapp.in.

21.2. In order to use such third-party software or technology, you may have to accept the terms of a license agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software.

  1. Links

22.1. You acknowledge that bonsaiapp.in may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.

22.2. We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them.

22.3. If you decide to access any of these third-party websites, you do so entirely at your own risk

22.4. If you use any linked websites, any personal information you give to them will be dealt with in line with their privacy policy, not ours, so please ensure that you read their terms and conditions and privacy policy before you use their websites and provide any personal information.

22.5. You may only link to bonsaiapp.in provided that:

  • a) the homepage is not loaded into frames on your website, unless we expressly agree; and
  • b) your site or services does not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values;

22.6. We reserve the right to withdraw linking permission to any time without prior notice.

  1. Promises, liability and disclaimer

23.1. The content & services available on bonsaiapp.in are provided basis the following terms. In particular:

  • a) We do not make any promises as to the truth, accuracy, integrity; quality or completeness of the content or information that appears on bonsaiapp.in and you should not rely on it being accurate, truthful or complete.
  • b) We are not responsible for verifying the ownership of any content posted or uploaded onto bonsaiapp.in.
  • c) We cannot guarantee and shall not be liable to you in relation to the performance or reliability of the online payment processing services.
  • d) You agree that your access and use of Bonsai and its content is at your own risk. We do not have any knowledge of, or control over, the particular purpose(s) for which the information and content available on bonsaiapp.in is used. The content and information that we make available on bonsaiapp.in is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on bonsaiapp.in or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on bonsaiapp.in.

23.2. By using Bonsai you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of bonsaiapp.in, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the internet. Accordingly:

  • i. We do not make any promises about the availability or accessibility of Bonsai or promise that your access to bonsaiapp.in, the content on it or the services we provide will be delivered uninterrupted, timely or error-free;
  • ii. We are not responsible for any data or information uploaded by any Users including any content posted, uploaded or published on bonsaiapp.in. It is your responsibility to make backup copies of any of the content you post, upload or publish on bonsaiapp.in and we strongly recommend that you do so;
  • iii. We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancel bot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, bonsaiapp.in or the server(s) that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of bonsaiapp.in is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content;
  • iv. We accept no responsibility of any nature whatsoever is accepted for any links or any information contained in the websites linked to on Bonsai.

23.3. We will not be responsible or liable if we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our control.

23.4. We shall not be liable to funders in any case the funds received from Funders are not used/ ineffectively used for the purposes of achieving the Campaign.

23.5. We shall not have any liability or role whatsoever once the Campaign goal is reached or closed.

23.6. IF YOU ARE A Bonsai MEMBER you are liable whatsoever to other Users or any third party whosoever for any damage, injury or loss, including but not limited to loss of business; loss of income; indirect, special, incidental, consequential, punitive, exemplary or other similar loss or damages, arising from or in relation to the use or misuse of the Platform; or any breach of terms or non-performance of obligations under this Agreement.

23.7. IF YOU ARE A CAMPAIGN OWNER you are liable whatsoever to users for any damage, injury or loss, including but not limited to loss of business; loss of income; indirect, special, incidental, consequential, punitive, exemplary or other similar loss or damages, arising from or in relation to your use or misuse of the Platform; or any breach of terms or non-performance of obligations under this Agreement; or in relation to the Campaign/ Campaign; or any other reason whatsoever.

You hereby agree and acknowledge that Bonsai shall not be liable in the event the funding GOAL is not met; or ANY LOSSES RELATED TO ANY BUSINESS OF YOURS INCLUDING BUT NOT LIMITED TO LOST DATA, PROFITS, REVENUE, SAVINGS, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, BUSINESS INTERRUPTION OR ANY PURE ECONOMIC LOSS (IN EACH CASE, WHETHER SUCH LOSS IS DIRECT OR INDIRECT) or in case of any unforeseen technical glitches, including but not limited to website being down for maintenance, server errors, speed of website download, any viruses in the website etc., which may affect any transaction activity of any campaign; or pursuant to the exercise of any right to refuse, reject, prohibit, interrupt, suspend, cancel or remove any content, Campaign, campaign or contribution at any time and for any reason whatsoever.

  1. Indemnity

You agree only to use bonsaiapp.in in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including as a result of any UGC that you post to bonsaiapp.in or any actions you take which disrupt access to and/or the functioning of bonsaiapp.in) or any liability we incur as a result of the use of bonsaiapp.in by you and any other person that uses your account with your permission or as a result of your negligence.

  1. Copyright complaints

25.1. We respect the intellectual property rights of others, and we prohibit users of bonsaiapp.in from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person or organization’s intellectual property rights.

25.2. We aim to comply with clear notices of alleged copyright infringement. Additionally, it is our policy to terminate usage rights and any applicable accounts of Bonsai Member we determine to be repeat infringers of others copyrights.

25.3. Content hosted on third-party websites accessible from bonsaiapp.in is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorized the use of your content, please contact the administrator of the hosting website directly to have the content removed.

  1. General complaints and requests for further information

If you have any general complaints or wish to request further information about bonsaiapp.in, please contact us via email at getintouch@bonsaiapp.in. We will write to you with the necessary information or look into your complaint & inform you of the outcome of our investigation as early as possible.

  1. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using Bonsai, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on bonsaiapp.in. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

  1. General

28.1. Severability: If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any license provided under these Terms (including for use of your UGC).

28.2. Entire Agreement: These Terms govern our relationship with you and represent our entire agreement with you.

28.3. Events or circumstances beyond our control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our control, we will not be deemed to be in breach of contract. Such circumstances include, but are not limited to, fire, electricity, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism, events or war.

28.4. References to circumstances beyond our control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) do, it will not limit the meaning of the words appearing before such expression.

28.5. Assignment: You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

28.6. Waiver: If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.

28.7. Exclusion of third party rights: These Terms do not create any right enforceable by any person who is not a party to them or any Contract made under them, except that the provisions of these Terms may be enforced by any of our licensors subject to and in accordance with the Contracts.

28.8. Language: These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail.

28.9. Territory: bonsaiapp.in is controlled and operated from India and shall be governed by the laws of India. If you choose to access Bonsai from outside India, we make no representation that the content and operation of Bonsai will comply with local laws.

28.10. Governing law and jurisdiction: Any disputes or claims between us arising out of or in connection with these Terms or any contract made under them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of the courts at Bengaluru, India.

28.11. If any dispute, disagreement, controversy or claim between the parties arises out of or in connection with this Agreement, including the breach, termination or invalidity thereof (a Dispute), the parties shall use all reasonable endeavors to negotiate with a view to resolving the Dispute amicably. If a party gives the other party notice that a Dispute has arisen (a Dispute Notice) and the parties are unable to resolve the Dispute amicably within 30 (thirty) days of service of the Dispute Notice (or such longer period as the parties may mutually agree), then the Dispute shall be referred to arbitration by a sole arbitrator appointed by Bonsai in accordance with the Arbitration and Conciliation Act, 1996 (as amended, restated or substituted, in force at the relevant time) to be conducted in the English language at Bengaluru.

  1. Changes to these Terms and to bonsaiapp.in

We reserve the right to amend, modify, replace at any time the terms of the Terms & conditions outlined above.

bonsaiapp.in is owned by TrillData Technologies Private Limited. , a company incorporated in India. Our registered office address is C-21, Kudremukh Colony, Koramangala 2nd block, Bengaluru, email at support@bonsaiapp.in. Our company registration number is U74999KA2017PTC103000.