TERMS AND CONDITIONS
TERMS & CONDITIONS
Section A - Introduction
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:
1.4 Types of Campaigns:
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.
1.7 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.
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.
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.
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.
8.3.1. 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:
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.
9.5.1. 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
Section C: General Terms
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.
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 firstname.lastname@example.org
17.2. We reserve the absolute right and discretion (but we are not obliged) to do any or all of the following:
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.
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
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.
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.
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.
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
22.5. You may only link to bonsaiapp.in provided that:
22.6. We reserve the right to withdraw linking permission to any time without prior notice.
23.1. The content & services available on bonsaiapp.in are provided basis the following terms. In particular:
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:
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.
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.
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.
If you have any general complaints or wish to request further information about bonsaiapp.in, please contact us via email at email@example.com. 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.
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.
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.
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 firstname.lastname@example.org. Our company registration number is U74999KA2017PTC103000.