TERMS OF SERVICE
1. BINDING CONTRACT
1.1. These Terms of Service are a binding legal contract between you and Quantum Leap Tech Labs Private Limited ("ezKarma"). These Terms of Service apply to your use of the ezKarma website located at www.ezkarma.com ("Website") and the ezKarma applications made available through desktop or mobile applications ("Software") and the information, content, features and services provided through the Website (collectively with the Software, the "Services"). You must agree to these Terms of Service to use the Services.
1.2. Your continued use of the Website and/or the Services signifies your agreement to these Terms of Service and constitutes your binding acceptance of these terms of Service.
2. DESCRIPTION OF THE SERVICES
The Website offers the Services as a tool to allow multiple charitable organizations (each, a "Charity") to accept donations ("Campaign"). In each Campaign, a Charity seeks to raise money for itself to support its charitable programs. Each Campaign is separate from the other Campaigns on the Website. Entry into one Campaign is an entry only to that particular Campaign, and it does not entitle entry into any other Campaign posted on the Website. Details of the Charity, the Campaign, the prize(s) available for participation in the Campaign, and any other details in relation to the Campaign are listed as the "Campaign Rules" to the Campaign. The Campaign Rules for each Campaign may be different. You are requested to carefully read the Campaign Rules of the Campaign in which you are participating.
3.1. You may choose to make a voluntary donation to the Campaign in the denominations available. Upon your successful donation to a Campaign, you stand a chance to win a gift under the Campaign's promotional activity.
3.2. Subject to the provisions of "Payment and Refund" section of these Terms of Service below, all donations and deductions towards Service Fee are final and non-refundable. For any questions regarding donations, please feel free to Contact Us.
4. SUPPORT SERVICES
Subject to the other provisions of these Terms of Service, ezKarma will attempt to help you with any queries or problems that you may have with the Website, the Services, the Campaigns or any other actions taken by you through the Website. We encourage you to reach out to us in case you have any request for assistance. Please visit the Contact Us page for information on how to reach out to us.
6. ACCOUNT AND USE OF SERVICES
6.1. Account Creation
6.2. Accuracy of Information
The personal information that ezKarma requests upon registration or account creation as mentioned above is to be fully and accurately completed. Age verification can be automatically carried out upon completion of registration based on the information entered, but may be subject to further presentation of proof. In the event that false or incorrect data is entered by you, ezKarma reserves the right to immediately terminate your account, and/or withhold or cancel any gift won by you as part of our promotional activity.
6.3. Compliance with Local Laws
If you are unsure of whether the Services are legally permitted in your area, we encourage that you seek legal advice prior to using the Services and/or creating an account on the Website and/or to participating or donating to a Campaign. You agree that you are solely responsible for following all applicable laws in your country of origin and/or state laws (when applicable). In the event that you act illegally by using the Services despite local limits on or prohibition of such use, then no user contract shall take effect. ezKarma shall not be held accountable for legal matters arising from laws in your area.
7. PAYMENT AND REFUND
7.1. Upon participation in a particular Campaign, you simultaneously and irrevocably authorize ezKarma to deduct the Platform Fee. You understand and agree that your Donation to a Campaign supports a charitable cause, therefore we will not be able to refund the payment made by you towards a Campaign.
7.3. You understand, accept and agree that the payment facility provided by us is neither a banking nor financial service but we are merely a facilitator providing an electronic, automated online electronic payment, receiving payment through, collection and remittance facility for the payment using the existing authorized banking infrastructure, payment gateway networks and such other service providers.
7.4. We reserve the right to refuse processing of any payment made by users with a prior history of questionable transactions, involvement in breach of any policy or law. In all such cases, we reserve the right to delay the notification of payment to the Campaign/Charity, and/or inform the law enforcement agencies to take any action that they may deem appropriate.
8.1. You agree that your donations to a Campaign are at your own free will and ezKarma is not liable if you do not win the gift as part of the promotional activity that is associated with that particular Campaign. You understand and agree that the promotional activity does not, by any means whatsoever, constitute a solicitation on behalf of either ezKarma or the Campaign, for you to contribute to a Campaign. You further understand and agree that ezKarma may prematurely discontinue a Campaign, and that you shall not hold ezKarma or any of its officers, directors, employees, or representatives liable for such discontinuation of the Campaign.
8.2. You acknowledge that we are not responsible for any liability in respect of any losses or damages arising to you due to lack of authorization, exceeding your pre-set limit with your bank, payment issues arising out of any payment made by you.
8.3. You acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing a payment or any delay in processing the same, which is beyond our control.
9. INTELLECTUAL PROPERTY
9.1. The Website, the Services and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by ezKarma and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
9.2. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of ezKarma or other respective third parties (such as a Charity, its Campaign, or its sponsors). You are not permitted to use the Marks without the prior consent of ezKarma, or other respective third parties (such as a Charity, its Campaign, or its sponsors) that may own the Marks.
9.3. You acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content or Marks through any medium without obtaining the necessary authorization from ezKarma.
10. THIRD-PARTY PRODUCTS & SERVICES AND HYPERLINKS
10.2. Additionally, if you elect to purchase goods or services from third-party companies that place advertising on the Website or the Services, your dealings with those companies, including payment and delivery of goods or services, and any other terms (such as warranties) applicable to those goods or services are solely between you and the companies offering the applicable goods or services. You agree that ezKarma shall not be responsible for any loss or damage of any sort relating to your dealings with third-party companies that place advertising on the Website.
You agree that ezKarma is not liable for any taxes, levies, duties or similar charges with regard to your winnings in the promotional activity, unless stated otherwise in the Campaign Rules. In the event that the winnings in a promotional activity are subject to tax liability, you agree that such liability shall be solely borne by you. You are solely responsible for reporting your winnings and losses arising from the use of the Services (if applicable) and it is your sole responsibility to pay and proceed with all necessary diligence in relation to taxes as required by law or other authorities.
12.1. ezKarma reserves the right to modify these Terms of Service at any time. Revisions to these Terms of Service affecting the existing Services shall be effective immediately after the revised Terms of Service are posted on the Website. Terms of Service for any new Services shall be effective immediately upon the revised Terms of Service being posted on the Website.
12.2. You agree to check these Terms of Service periodically for new information and modifications to the terms that govern your use of the Services. Your continued use of the Website after the new Terms of Service have been updated on the Website shall constitute your agreement to the new Terms of Service.
13.1. These Terms of Service will continue to apply until terminated by either You or ezKarma as set forth below. If You want to terminate your agreement with ezKarma, you may do so by: (i) not accessing the Website; (ii) not using the Services and (ii) deleting your account on the Website.
13.2. ezKarma may, at any time, with or without notice, terminate these Terms of Service with you if:
b) ezKarma is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful or upon receiving request for termination by law enforcement or other government agencies);
c) the provision of the Services to you by ezKarma is, in ezKarma's opinion, no longer commercially viable; or
d) ezKarma has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof).
13.3. ezKarma may also terminate or suspend all or a portion of your account or access to the Services with or without reason. Termination of your account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of your records and account information; and (iii) barring of further use of the Services.
13.4. You agree that all terminations shall be made in ezKarma's sole discretion and that ezKarma shall not be liable to you or any third party for any termination of your account, or your access to the Website and Services.
13.5. If you or ezKarma terminate your use of the Website and/or the Services, ezKarma may delete any content or other materials relating to your use of the Website and/or the Services and ezKarma will have no liability to you or any third party for doing so.
You agree to indemnify, defend, and hold harmless ezKarma, the Charity, and their respective affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the "Covered Entities") against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) ("Liabilities") incurred by any Covered Entity in any way arising out of or relating to your use of the Services or breach of these Terms of Service. ezKarma reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and if ezKarma assumes defense and control, you agree to co-operate with our defense of an applicable claim. You agree not to settle any matter related to the Services, including indemnified claims, without our prior written consent. We will use reasonable efforts to inform you of any indemnified matter.
15. LIMITATION ON LIABILITY
You clearly understand and agree that ezKarma shall under no circumstances (including, without limitation, in contract, negligence or other tort), be liable for any direct, indirect, ancillary, special, incidental, consequential or exemplary damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, damages for monetary loss, goodwill, use, data or other intangible loss (even if the company has been advised of the possibility of such damages), resulting from or arising out of the use of or the inability to use the service, even if we have been advised or become aware of the possibility of such damages or loss or that such loss was foreseeable. You agree to indemnify us against any claims in respect of any such matter.
16. GOVERNING LAW
17. DISPUTE RESOLUTION
If any dispute, controversy or claim arises out of or in connection with these Terms of Service, including any question regarding its existence, validity or termination ("Dispute"), you or ezKarma shall use all reasonable endeavours to resolve the matter amicably. If you or ezKarma ("Claimant") give the other party ("Respondent") notice that a Dispute has arisen ("Dispute Notice") and the Claimant and the Respondent are unable to amicably resolve the Dispute within [30 (thirty)] calendar days of service of the Dispute Notice, the Dispute shall be referred to arbitration. The Dispute shall be solely and finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996, and the rules thereunder which are deemed to be incorporated by reference into these Terms of Service. The arbitration shall be conducted by a sole arbitrator to be appointed upon your and ezKarma's agreement. The venue of the arbitration shall be New Delhi, India. All arbitration proceeding shall be conducted in English Language.
Any notice or other communication to be given to ezKarma by you under or in connection with these Terms of Service shall be in the English language in writing (which shall include electronic mail) and shall be addressed to:
Address: 523, JMD Megapolis, Sohna Road, Gurgaon - 122018
Attention: The Director, Quantum Leap Tech Labs Pvt. Ltd.
You agree that the provisions of clause 14 (Indemnity), 15 (Limitation on Liability), 16 (Governing Law), 17 (Dispute Resolution), and 18 (Notices) shall survive the termination of these Terms of Service.
20. ENTIRE AGREEMENT
Unless otherwise specified herein, these Terms of Service constitute the entire agreement between you and ezKarma with respect to the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ezKarma with respect to the Website. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form are subject to.
ezKarma may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You agree that you will not assign or delegate any of your rights or obligations under these Terms of Service without the prior written consent of ezKarma. Any unauthorized assignment or delegation by you is void and ineffective.
22. FORCE MAJEURE
You agree that ezKarma shall not be liable for any delay or failure to perform any of its Services due to any cause which is outside the reasonable control of ezKarma, including without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond the control of ezKarma, such as network infrastructure failures, hacking, phishing, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials, or other physical or electronic modes for destroying or hindering the Services.
Failure on the part of ezKarma to exercise or enforce any right or provision stipulated under these Terms of Service will not, in any event whatsoever, constitute waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and executed or published on behalf of ezKarma.
Nothing shall, or shall be deemed to, constitute a partnership between you or ezKarma nor, unless expressly provided otherwise, constitute you or ezKarma as an agent of each other for any purpose whatsoever.
If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.