This web Portal is developed and maintained by KEONICS in order to fulfil the Karnataka State Government’s ‘PunyakotiDattuYojane’ a scheme to encourage individuals, public and the private institutions to adopt cow and cow in the Goshalas (shelters for cow). These include the rescued from smuggling or trafficking and cow presently admitted at various Goshalas.
The web platformis purely a donation managing and tracking portal and do not provide any financial return in any form whatsoever, including but not limited to financial securities (debt or equity), interest, dividend, profit share, rewards in cash, to individuals who contribute on https://punyakoti.karahvs.in.
Any contribution onhttps://punyakoti.karahvs.inby an individual, firm, corporate, institute, and trust should not be construed as an investment in any form whatsoever.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name https://punyakoti.karahvs.in (hereinafter referred to as "Website/Portal")is licensed for use by Karnataka State Electronics Development Corporation Limited, a Karnataka State Government undertaking, Company, duly incorporated under the Indian Companies Act, 1956, with its registered office at 2nd Floor, TTMC 'A' Block, BMTC, Shanthinagar, K.H.Road, Bangalore - 560 027. India. (Hereinafterreferred to as "KEONICS").
Your use of the Website and Services and tools are governed by the following terms and conditions as mentioned herein as applicable to the Website including the applicable policies, which are incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, you shall be contracting with Karnataka State Electronics Development Corporation Limited and these terms and conditions including the policies constitute your binding obligations, with KEONICS.
1. Services of KEONICS
KEONICS' IT solutions span the areas of ERP solutions, web portals, software development, and IT consultancy, IT training and networking. KEONICS is a service provider on behalf of its client, The Commissioner of Animal Husbandry & Veterinary Services, Government of Karnataka. Services of this Portalcan be utilized by Users (being Donors / Contributors and Goshala/Campaigner) and persons browsing / visiting the Website to reach a larger base of people, organizations and causes. KEONICSthrough this portal provides only service on behalf of its Client Animal &HusbandryVeterinary Services, Government of Karnataka for communication and it is agreed that the transactions shall always be bipartite between the Donor / Contributor and the Goshala/Campaigner.
The Portal is a platform that Donors utilize to meet, inspect and interact with various Goshalas/Campaigners;the non-profit organizations working on serving and preserving cows, oxen and buffaloes in Karnataka State, India. Based on the representations by such Goshalas/Campaigners, Donors enter into transactions for making contributions to Goshalas or adopting cow at Goshalas. All information provided about the Goshalas, is that which is provided by the respective Goshala/Campaigner and are only approved by Officers at Animal Husbandry & Veterinary Services, Government of Karnataka. >
The User acknowledges that KEONICS is only a Portal service provider and does not verify the bona fides and genuineness of Goshalas and KEONICS cannot and does not verify specific data provided by Goshala/Campaigner. Therefore, KEONICS shall not in any manner be responsible or held accountable for any transaction between the Users.
KEONICS has limited control over all campaigns and information listed and / or advertised on the Portal and/ or information provided by Goshalas. It is merely an intermediary and does not interfere in the transaction between Donors / Contributors and Goshalas other than charging the service charges applicable to Goshalas.
It is hereby clarified that at no time shall KEONICS hold any right, title or interest over the funds or rewards (except to the extent as stated herein) or have any obligations or liabilities to provide the same to the Donor / contributor. KEONICS is not responsible for unsatisfactory or delayed performance/response/works of Goshalas.
2. Eligibility of the User (as defined here in below)
Use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, etc., are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member on this website and shall not transact directly (either contribute or register to receive donations / contributions) or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian, parents or through an organization / NGO competent to contract on the Website. KEONICS reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to KEONICS's notice or if it is discovered that you are under the age of 18 years.
(ii) Goshala is bound and legally liable to provide accurate, true and correct information in respect of the details of the cause for which the Campaign for adoption and seeking donations is hosted and funds are being raised on this portal.
(iii) Goshalashall ensure that the description of its profile and list of coware not misleading and describes the need and use of the funds to be raised. KEONICS reserves the right to delete your profile if it is brought to the notice of KEONICSthat the information provided by you is false/incomplete, does not depict the true nature of the motive of the platform or is misleading in any manner.
(iv) You shall ensure that the documents and/or information submitted/ disclosed by you to KEONICS in order to participate in the Scheme are at all times true, correct, up to date, and does not relate to any other person/entity besides the registered beneficiary.
(v) Goshala shall ensure that the videos, photographs and information used in the portal by themselves do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties.
(vi) It shall at all times be the responsibility of the Goshala to furnish the Donor with an accurate progress report and any other information that may be required by the Donor to track the utilization of the funds donated by the Donor to the Campaigner via KEONICS.
(vii) You further agree that by listing your Goshala on the Portal, you shall at all times abide by various laws applicable to You, as amended from time to time, including but not limited to the Income Tax Act, 1961, the Foreign Contributions Regulation Act, 2010, the Information Technology Act, 2000, as well as all rules and regulations made under the respective laws.
(viii) If you have ever been, or during the course of the Campaign are, investigated for and/ or charged with any crime of or relating to theft, fraud, embezzlement, moral turpitude, money laundering, forgery, misrepresentation or terrorist activities or blacklisted by any governmental authority in any country, including under any sanctions list maintained by the United States Office of Foreign Asset Control, you should report this to Department of Animal Husbandry & Veterinary Services, Government of KarnatakaKEONICS promptly. You acknowledge that in such cases, KEONICS may, terminate/ suspend your membership and/or use of the Portal. The rights and remedies of KEONICS under this section shall be in addition to its rights in law or equity.
(ix) In order to develop and maintain the software, provide services on SaaS model and sharing knowledge and training Goshalas perennially on a consultant’s role, as per the work order from the Department of Animal Husbandry & Veterinary Services, Government of Karnataka,KEONICSreserves the right to split a fixed percentage of amount from each donation received and charge the same as service charges and deduct it while transferring collected donations to Goshalas. KEONICS reserves the right to utilize the funds in the manner it deems fit without any obligation to refund/pay it back under any circumstances.
(x) We may require you to periodically update/re-attest your/ the beneficiary’s eligibility to receive donations, including in connection with application foreign donation laws. In this regard, you may be required to certify that the information/ documents provided by you are up to date, accurate and valid. You shall do so promptly when requested, and at your own cost. Your failure to provide updates or relevant documentations would constitute a breach by you of these terms.
(xi) In case of serious illness or an unfortunate case of Death of the cow adopted by the adopter/donor, Goshala shall contact the adopter through quickest and appropriate mode of communication and inform the donor about the matter. The adoption shall be passed on to any other cow (as chosen by the adopter) in the same Goshala till the tenure of the adoption ends.
(xii) Adopters/Donors should be provided with the Identity card with adopted cow details and Goshala details respectively and also their names to be displayed in Goshalas. Adopters shall name their adopted Cow as they wish to and Goshalas shall coordinate and cooperate for such activities.
(xiii) Adopters, on their or their family person’s special days may visit Goshala with a prior appointment from Goshala to celebrate.
(xiv) Adoption of a cow shall be valid for 12 months from the date of adoption and adoption charges of Rs. 11000 per cow paid by the adopter shall be utilized for feeding cows. After the completion of the adoption tenure, the adopter may choose to further continue the adoption of same cow for next tenure of 12 months or select any other cow.
(xv) Government Goshalas in order to receive donations and adoption funds under the scheme through the portal, respective Deputy Director and Member Secretary ‘SPCA’(Society for the Prevention of Cruelty to Animals) shall maintain a separate bank account and utilize the funds as per specified guidelines.
(i) Any person who fulfills the eligibility criteria set out in clause 2 above shall be permitted to donate an amount higher than Rs. 100 or USD 10 in value to any Profile listed on the Portal by any Goshala and also can adopt any cow by examining the profile listed on the Portal by any Goshala.
(ii) The Donor hereby agrees to make the payments for any Goshala as per the terms and conditions stated herein.
(iii) The Donor further agrees and declares that the Donor is aware that KEONICS has no responsibility to verify the accuracy of any statement and/or information furnished by the Campaigner with respect to any Campaign pursuant to which the Donor has donated moneys(s) for any Campaign via KEONICS on the Website.
(iv) The donor/adopter will be sent timely updates about the progress/status of the Goshala/adopted cow at Goshalaby the Goshala via WhatsApp and email.
(v) Donation once received by Goshalas either as donation to Goshalas or specifically for adoption of cow, shall not be returned whatsoever.
(vi) Donors hereby authorize KEONICS and its service providers to collect, process, facilitate and remit funds through regular banking channels, payment, clearance, and settlement systems.
(vii) KEONICS reserves the right to (A) delay payments (without payment of interest), or refuse to process payments by any Donor, including for any questionable transactions, and/or (B) terminate/suspend a Goshala in relation to the said questionable transactions. This includes, without limitation, suspected collusion between the Donor and Goshala to bring about false impressions, mislead other Donors or breach/ violate any law or further any charges imposed by issuing banks, or generally breach of any governmental policies or applicable laws
5. User Account and Registration Obligations
6. Communi• Harasses or advocates harassment of another person;cations
(i) When you use the Portal or send emails or other data, information or communication to KEONICS, you agree and understand that You are communicating with KEONICS through electronic records and you consent to receive communications via electronic records from KEONICS periodically and as and when required. KEONICS may communicate with you by email or by such other mode of communication, electronic or otherwise.
7. Platform for Information, Communication and Transaction
(i) Commercial/contractual terms through the portal are offered by and agreed to between the Goshalas and Donors / Contributors are only as per the Karnataka State Government’s ‘PunyakotiDattuYojane Scheme’.
(ii) KEONICS does not make any representation or warranty as to specifics (such as final utilization of funds, value, impact, rewards, etc.) of the campaigns on the Portal, apart fromthe ‘PunyakotiDattuYojane Scheme’.
(iii) KEONICS is not responsible for any non-performance or under-performance of any of the commitments made by the Goshala. KEONICS cannot and does not guarantee that the concerned Goshala will perform any commitment concluded on the Website. However, KEONICS does welcome feedback as well as grievances of Users to be brought to its attention so that it may take steps that it deems appropriate for improvement of the User experience on the Portal.
(iv) KEONICS does not make any special recommendation or show partiality towards any Goshalasin the portal. Adopters/Donors are advised to independently verify the bona fides of any particular Goshala that you choose to donate or contribute to, on the Portal and use your best judgment in that behalf.
KEONICS does not charge any fee for browsing on the Portal or Donors/Adopters. KEONICS's charges are limited to the facilitation fee (including platform / collection fees and transactional charges) which is charged to the beneficiaries of the funds raised on this platform on the terms and conditions agreed to between KEONICS and the beneficiaries of the funds independently. KEONICS reserves the right to change its Fee Policy from time to time based on the approval and order of Department of Animal Husbandry & Veterinary Services, Government of Karnataka. In particular, KEONICSbased on instructions from the Department may introduce new services and modify some or all of the existing services offered on the Portal.
9. General Rules for the Use of the Website
You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
(i) You shall not host, display, upload, modify, publish, transmit, update or share any information which:
• Belongs to another person and to which you do not have any right to;
• Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
• Is misleading in any way;
• Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
• Harasses or advocates harassment of another person;
• Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
• Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• Infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number),rights of publicity, or sale of counterfeit/stolen items;
• Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• Contains restricted or password-only access pages, or hidden pages or images (including those not directly linked to or accessible from another page);
• Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• C contains a video, photographs, or images of another person;
• Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
• Engages in commercial activities and/or sales without KEONICS’s prior express and written consent, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Website;
• Solicits gambling or engages in any gambling activity which could be construed as being illegal;
• Interferes with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services;
a. harms minors in any way;
b. violates any law in force for the time being;
c. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
d. impersonates another person or entity;
e. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; or
f. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence, or is insulting to any other nation.
(ii) You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Portal. KEONICS reserves the right to bar any such activity.
(iii) You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems, server, computer, or networks connected to the Portal or to any of the Services offered on or through the Portal, by hacking, password "mining" or any other illegitimate means.
(iv) You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
(v) You may not reverse look-up, trace or seek to trace any information on any other individual accessing the Portal, or of any other customer, including any account on the Website not owned by you, to its source, or exploit the Portal or any service or information made available or offered by or through the Portal, in any manner, including but not limited to reveal any personal identification or information, other than your own information, as provided for by the Portal.
(vi) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about KEONICS, or the brand name or domain name used by KEONICS, or otherwise engage in any conduct or action that might tarnish the image or reputation of KEONICS and The Department of Animal Husbandry & Veterinary Services, Government of Karnatakaon any platform, and/or otherwise tarnish or dilute any of KEONICS's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
(vii) You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Portal or KEONICS systems or networks, or any systems or networks connected to KEONICS.
(viii) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Portal or any transaction being conducted on the Portal, or with any other person's use of the Portal.
(ix) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Portal or any service offered on or through the Portal.
(xi) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and rules made thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws (specifically the Foreign Contribution Regulation Act, 2010 and the rules made thereunder), Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. Further, no donation for reward or otherwise shall be made for any reason or as consideration for any transaction other that which is the subject of the campaign, and in no event shall any donation be used for any purpose that is considered unlawful or against public policy as per the applicable laws in India.
(xiii) From time to time, you shall be responsible for providing information relating to the donations made by you and disclose it under applicable laws. In this connection, you undertake that all such information shall be accurate in all respects and that only you shall be solely responsible for any incorrect or knowingly false information provided by you.
(xvi) It is possible that other Users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
(xvii) KEONICS shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
(xix) Services Description: The Services are offered as a platform (the "Platform") to users of the Services, which may include Goshalas/Campaigners and Donors. Among other features, the Services are designed to allow Campaigners to post a fundraising campaign ("Campaign") to the Platform to accept monetary donations from those registered users wishing to contribute funds to the Campaign. For purposes hereof, the term "Campaigners" shall also be deemed to include Cow/Goshala as a beneficiary of a Campaign. Although there are no additional fees to set up a Campaign, a percentage of each donation will be charged as fees for our Services.RBI approved third-party payment processors shall charge the service/convenience charge (as per RBI norms) to the donor in addition to the donation amount. Please see our Charges section for details. The Services are a Platform; we are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform on behalf of Department of Animal Husbandry and Veterinary Services, Government of Karnataka only. KEONICS facilitates the donation transaction between Goshalas and Donors, but is not a party to any agreement between a Goshalas and a Donor, or between any user and a Charity. KEONICS is not a broker, agent, financial institution, creditor or insurer for any user. KEONICS has no control over the conduct of, or any information provided by a Goshala or a charity, and KEONICS hereby disclaims all liability in this regard. Anyone is free to report issues related to a Goshala/campaign on KEONICS, and KEONICS will take necessary action to the best of its abilities. KEONICS does not guarantee that a Goshala/Campaign or a charity will obtain a certain amount of donations or any donations at all. While we strive to make it a perennially beneficial platform, we expressly disclaim any liability or responsibility for the success of any Goshala/Campaign, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Goshala/Campaigner, or charity. You can write to us for any clarification, and we shall make our best effort to share the information that we have. If you have reason to believe that a Campaigner or charity is not raising or using the funds for their stated purpose, please use the "Report" button on the Campaign to alert our team of this potential issue and we will investigate to the best of our abilities. You, asGoshala, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud or deceive any user; and (ii) all donations contributed to your Campaign will be used solely as described “PunyakotiDattuYojane”; and (iii) you will comply with all relevant local, state, and Union laws applicable to you when you solicit funds, particularly but not limited to laws relating to your marketing and solicitation for your project. We reserve the right to provide information relating to your Campaign with donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation. The terms and conditions that apply to a Campaign Organizer (Goshala/Campaigner) are:
a. You are solely responsible for utilizing the funds for the purpose mentioned in our fund-raising page. KEONICS is not responsible in any way whatsoever towards the end utilization of funds.
b. This fund-raising page on the Platform will be available to the general public for contributions from the time you published the page on the Platform, if your Campaign is not rejected by the admin managers of the platform. You may or may not be able to raise the targeted amount in the designated period. Admin managers of the platformcan reject your fundraiser for inappropriate or insufficient content, at its sole discretion and also as per the advice/instructions from the Department/Government.
c. KEONICS will not be responsible in any way whatsoever on the amount of contributions received. It will be your sole responsibility to address any query in regards to utilization of funds by the donor or the Department.
d. KEONICS will collect contributions online, and will send the contributions to your designated bank account upon completion of statutory verification. You can raise withdrawal requests post approval of the Campaign by KEONICS. KEONICS will process fund transfer, post receipt of your withdrawal request.
e. You understand that KEONICS or its affiliates do not own the funds. At the time of transfer of funds, you will receive contributions net of KEONICS fees, facilitation fees, applicable taxes, or any other fees mutually agreed upon between you and KEONICS. For a check, please coordinate with Portal Admin.
f. In case of contributions outside India, you agree that you have the necessary regulatory permissions to receive such funds, Such permissions include but are not limited to the Foreign Contributions Regulation Act, 2010 (FCRA), and others mandated my regulatory authorities.
g. If you are an organization, eligible to issue tax deduction (80G) certificates to your donors, KEONICS will facilitate the process through its proprietary software application on your behalf. However, it is your sole responsibility to ensure that you have the necessary approvals and certificates to issue such tax-deductible receipts to your donors. KEONICS will not have any liability, in any form whatsoever, in this regard.
You, on behalf of yourself, the beneficiary and each of your respective representatives irrevocably and unconditionally, knowingly and voluntarily:
a. Authorize Department of Animal Husbandry & Veterinary Services, GoK, KEONICS and any service provider or investigative agency retained by the Dept., to check, verify, investigate or otherwise obtain information about you and the beneficiary’s clearance under applicable anti-money laundering, crime or terrorist financing or sanctions lists, including those maintained by India, the United States and other countries having Donors, and background, including criminal background search, civil litigation search, credit report, driving record, worker’s compensation claim history, address verification, identity verification, need verification, verification of health, claim history and insurance records, among others;
b. Authorize any company, governmental authority, court, law enforcement agency, Department of Animal Husbandry & Veterinary Services, insurance company, or any other person contacted by KEONICS or its representatives (including any service provider or investigative agency retained by any of them) to furnish to KEONICS or its representatives, as the case may be, copies of any and all documents, records or information in their custody or control relating to you and the Goshala/beneficiary; and
c. Release KEONICS, as well as any persons acting on its behalf, from any and all claims, losses and liability arising from the foregoing.
10. Contents Posted on the Portal
11. Limited License
KEONICS grants Goshalas a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Funds raised through PunyakotiDattuYojane", and/or "via PunyakotiDattuYojane" name and/or logo on Goshala’s invoice / certificate of donation for transactions concluded on the Website. Further, KEONICS grants Campaigners a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "www.punyakoti.karahvs.in" name and/or logo on stationery used by the Gishalas for delivery of communications / receipts / certificates, etc., through the Website.
12. Linked Websites / APIs/Social Networking Sites
(i) KEONICS does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to affiliates and / or third party websites using the Website's APIs or otherwise. In addition, the Website may provide links to third party websites of our affiliated companies and certain other businesses for which, KEONICS assumes no responsibility for examining or evaluating the products and services or generally information offered by them. KEONICS does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). KEONICS does not endorse, in any way, any third party website(s) or content thereof.
(ii) The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. KEONICS has no control over such sites, services and resources and KEONICS is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that KEONICS will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource.
(iii) Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that KEONICS is not liable for any loss or claim that you may have against any such third party.
(v) In addition, KEONICS is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, KEONICS is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. KEONICS enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
14. Disclaimer of Warranties and Liability
(i) This Website, all the materials and information (including but not limited to Goshalas and cow) and Services, included or otherwise made available to you through this site are provided on a "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, KEONICS does not warrant that:
• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or non-misleading save and except as provided herein and which information is provided by the Campaigner themselves and none that which is provided or verified by KEONICS
(ii) KEONICS will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. Nothing on the Website constitutes, or is meant to constitute, advice of any kind.
(iii) You will be required to register yourself by entering a valid phone number and e-mail address while making a donation / contribution on the Website. By registering your phone number and e-mail address with us, you consent to be contacted by us and/or the Goshala via phone calls and / or SMS notifications, in case of any certification or registration related updates. We will not use your personal information to initiate any promotional phone calls or SMS unless the same is consented to by you. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. KEONICS AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. KEONICS AND ITS AFFILIATES MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
15. Financial Transaction Facility - Donors / Contributors
(i) While availing any of the payment / donation / contribution method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
(a) Lack of authorization for any transaction/s, or
(b) Exceeding the preset limit mutually agreed by you and between your "bank/s", or
(c) Any payment issues arising out of the transaction, or
(d) Decline of transaction for any other reason/s
(iii) You understand, accept and agree that the payment facility provided by KEONICS is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through, collection and remittance facility for the Transactions on the Website using the existing authorized banking infrastructure, card payment gateway networks and settlement service providers. Further, by providing payment facility, KEONICS is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
(iv) KEONICS reserves the right to refuse to process Transactions by Donors / Contributors with a prior history of questionable transactions including without limitation to collusion between the Donor and Campaigner to bring about a false impression or mislead other Users of the Website or breach / violation of any law or any charges imposed by Issuing Bank or breach of any policy.
(v) KEONICS may delay notifying the payment / transaction confirmation, i.e., informing the Campaigner, if KEONICS deems the transaction to be suspicious. In addition, KEONICS may hold the transaction price / amount and inform law enforcement officials (instead of refunding the same to Donor) at the request of law enforcement officials or in the event the Donor / contributor or Campaigner for that matter, is engaged in any form of illegal activity.
(vi) The Donor / Contributor acknowledge that KEONICS will not be liable for any damages, interests or claims etc. resulting from not processing a transaction / transaction price or any delay in processing a transaction / transaction price which is beyond control of KEONICS.
(vii) No donation shall be routed to KEONICS’s bank account but shall split the amount through payment gateway in real-time and transfer the donation into the bank account provided by the Goshala. Once amount routed to Goshala’s bank account through payment gateway, into such bank account number KEONICS shall be discharged of any/all liability towards the Goshala and contributors/donors and the Goshala, donors, contributors shall not be eligible for any claims and/or refunds thereof.
16. Compliance with Laws
(i) The Donor / Contributor shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 2010 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using the payment facility and Website.
17. Donor's / Contributors arrangement with Issuing Bank
(i) All valid credit/debit/cash card and other payment instruments are processed using a card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Donor / contributor and the respective issuing bank and payment instrument issuing company.
(ii) All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank, which support payment facility to provide these Services to the Users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between the Donor / contributor and the respective issuing bank.
(i) Without limiting other remedies, we may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
• If we are unable to verify or authenticate any information you provide; or
• If it is believed that your actions may cause legal liability for you, other users or us.
(i) The Goshala shall indemnify and hold harmless KEONICS, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees (”Indemnified Parties,”), against all claim, actions, penalties, prosecution, proceedings demand losses, disputes, charges, penalty, costs and expenses including reasonable attorneys' fees, that may arise or may be incurred by the Indemnified Parties as a consequence of any default, breach, non-observance, non-performance or negligent act whatsoever by the Goshala (or its beneficiary) of any terms, conditions, stipulations, provisions and/or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party more particularly stated herein and/or in any individual agreements executed by KEONICS and the User.
The User hereby agree and state that KEONICS is only a service provider to enable Goshalas in Karnataka state to market/publicize/create awareness/advertise their respective cause/campaigns and KEONICS shall in no way be responsible for the performance and/or liable for any mis-representation of any information provided by the Goshala in any manner whatsoever.
21. Modifications and Alterations
22. Intellectual property rights
Services Content, Software and Trademarks: you acknowledge and agree that the Services may contain content or features ("Services Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by KEONICS, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by KEONICS from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of KEONICS, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by KEONICS.
To be effective, the notification must be in writing and contain the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Mumbai, Maharashtra, India and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, KEONICS will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
23. Applicable Law & Jurisdiction
24. Dispute Resolution
(i) Any dispute involving KEONICS, whether as a formal party or otherwise shall be resolved by arbitration of a sole arbitrator appointed by KEONICS and in accordance with the Indian Arbitration and Conciliation Act, 1996. The seat of arbitration shall be in Mumbai and the language to be used in all proceedings shall be English.
(ii) KEONICS and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
• claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
25. Anti-Money Laundering (AML) policy
(i) We comply with applicable Anti-Money Laundering (AML) guidelines established by the Reserve Bank of India, vide it's circular RPCD.RRB.RCB.AML.BC.No.02/07.51.018/2014-15 on 1 July, 2014 and updated from time to time.
(ii) Every recipient (Goshala on Portal) has to verify her identity per the Know Your Customer (KYC) in the guidelines. This will include verification of registered mobile number via a One Time Password (OTP), and one of the identification documents, viz., Permanent Account Number, Aadhar Card Number, Passport, etc., recognized by the Reserve Bank of India. The list of such registered documents will be updated on the Website, at KEONICS’s sole discretion, from time to time.
(iii) The verification will be essential to receive funds from KEONICS, and may be asked by KEONICS, at its sole discretion, during the course of a campaign. Failure to comply, may result in cancellation of registration
(iv) Your location as reflected on your campaign page must match your legal residence that you submit to KEONICS when you create a withdrawal request. Failure to adequately fulfil campaign obligations may result in KEONICS removing the campaign(s) and seeking reimbursement of campaign funds raised, including by using third-party collections services. Only the Goshalas shall be permitted to collect campaign funds.
KEONICS may attempt to verify the identity and other information provided to us by Campaigners, and we may delay, withhold any contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Campaigners’ eligibility is subject to KEONICS’s review of the fulfilment status of prior crowdfunding obligations.
Taxing authorities may classify funds raised as taxable income to the Goshala beneficiary who will receive funds directly from the applicable campaign. KEONICS shall not be liable for any taxes payable on the contributions received. KEONICS will ask for the account number / tax identification number of Goshalas so that we may report taxable income to the relevant taxing authorities in case of Goshalas not registered under Section 11 and 12 of the Income Tax Act, 1961 to claim full tax exemption.
(v) For contributors on www.punyakoti.karahvs.in, only standard channels of payment - verified payment modes such as Credit Cards, Debit Cards, Net Banking, EMIs, BNPL, QR, UPI, Wallets and more (up to limits allowed by the RBI) - will be allowed. No cash payments are accepted. In order to receive donations from outside India, Goshalas must comply with foreign exchange rules, as explained by the Foreign Exchange Management Act, 1999, of the RBI & FCRA guidelines by applying for an FCRA certificate and inform the Central Government in Form FC-1 within thirty days from the date of receipt of such contribution whenever applicable. This form is available on the website. The recipients acknowledge and agree that KEONICS does not verify this information and it’s the responsibility of the recipient to procure the necessary approvals and do the necessary compliance before they receive foreign funds through the portal.
(vi) AML policies will be updated time to time at the sole discretion of KEONICS.
27. User disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Services and KEONICS will have no liability or responsibility with respect thereto. KEONICS reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
28. Contact Us
Please send any questions or comments regarding this Website to firstname.lastname@example.org
29. Grievance officer
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Address: D.No- 2-62/2C & 2C1,2nd Floor, Sri MookambikaComplex,Hosabettu, Mangalore-575019
Contact 7676204204 / 0824-2409000