This platform is owned and operated by Dakshina Foundation. In these Terms of Use, “we”, “us” and “our” refer to Dakshina Foundation. Mithra is a non-profit online platform launched by the Dakshina Foundation to bridge the gap between donors with the financial capacity to donate and donees affected by the outbreak of the COVID-19 pandemic. However, the purpose of Mithra is to constantly evolve and ensure that help & support is afforded to people in need of it.
We essentially cater to two types of users on our platform, the donor and the donee (also referred to as the “Mithras”). The donor can make donations to the donees/Mithras listed on our platform, who are affected by the pandemic and in need of financial assistance.
This Terms of Use between us and users / registered members / donors/ donees/ Mithras of the website (“you”) describes the terms on which Mithra offers you the services through the website. The use of this website is governed by the terms of use laid down in this policy. Before using this website, you must carefully read, understand, accept and agree to abide by all the terms and conditions under hereunder. If you do not agree to these terms and conditions, please do not use the website.
The information provided by “Mithra- a unit of Dakshina Foundation” on www.mithra.life site is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site.
Mithra reserves the right to revise, amend or modify the policy entailed in this disclaimer at any time and in any manner as it may deem fit. Any change or revision so effected will be posted on the site. It is therefore important that you review these terms regularly to ensure you are updated as to any changes.
Use
i) Mithra can use its absolute discretion to refuse you access to its services and/or cancel/terminate your membership without prior notice for any reason and you shall not be entitled to any compensation in respect of cancellation/termination of your membership.
ii) You shall not use the account created on Mithra by another user, or disclose your account details to any third party. You agree to notify Mithra immediately if you suspect any unauthorized access or use of your account. You are solely responsible for any and all use of your account.
iii) You are responsible for maintaining the confidentiality of your account, and are fully responsible for all activities that occur under your account.
iv) You agree to immediately notify Mithra of any unauthorized use of your account or any other breach of security. Mithra cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Non-Commercial Use
i) The services of Mithra may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Dakshina Foundation. Illegal and/or unauthorized use of the its services, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of the Website/App, is prohibited.
ii) Unauthorized commercial advertisements, affiliate links and other forms of solicitation may be removed from User profiles without notice and may result in termination of Membership privileges.
iii) Appropriate legal action will be taken for any illegal or unauthorized use of the Mithra Services.
iv) You are prohibited from selling, trading or otherwise transferring your Mithra account to another party.
Prohibited Activity
i) You agree to act in a responsible and legal manner when using the services available at the Mithra platform. You shall comply with all applicable laws, regulations and rules and undertake not to use the services for any unlawful purpose, for the commission of any offence or crime under the laws of any jurisdiction to which access is obtained through the Website or in a manner which is likely to cause harm, offence or nuisance to any other internet user.
ii) You agree not to use Mithra services to
a) post content that is patently offensive and promotes racism, bigotry, hatred or harm of any kind against any group or individual;
b) post content that contains violence, or offensive subject matter or contains a link to an adult website;
c) post or promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable.
post content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses;
f) create a false identity on the website, impersonate any person or entity or falsely state or otherwise misrepresent yourself, your name, your age or your affiliation with any person or entity;
g) upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or other relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or which infringes any intellectual property rights;
h) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation. This prohibition includes but is not limited to, sending messages to distribution lists, newsgroups or groups;
i) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j) use the Mithra services for any illegal purpose, criminal or tortious activity, including but not limited to child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement or theft of trade secrets;
using Mithra invitations to send messages to people who do not know you or who are unlikely to recognize you as a known contact;
l) using Mithra to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission and disguise the origin of any communication transmitted through this website or using the Mithra services;
m) interfere with or disrupt Mithra services or servers or networks connected to this Website and/or Mithra service, or disobey any requirements, procedures, policies or regulations of networks connected to this website and/or the Mithra services.
Content
i) While using the service of the Mithra website certain information provided by you may be visible to certain other users (see our Privacy Policy to learn more about information collected on this Website and our uses of such information).
ii) You agree that by providing materials (e.g. photos, video etc.) and information on the platform or by providing material to Mithra you are granting to Mithra a worldwide, royalty-free, perpetual, irrevocable, transferable license to use all such materials and information in the course of offering the Mithra services. Furthermore, you understand that Mithra retains the right to reformat, excerpt or translate any materials and information submitted by you.
Representations and Warranties
You represent and warrant that:
i) You own the materials and information provided by you on your Mithra platform
ii) Posting of your materials and information on the Mithra platform does not violate the privacy rights, copyrights, contractual rights, moral rights or any other rights of any person.
iii) You understand that Mithra cannot guarantee the identity of any other users with whom you may interact in the course of using our services.
Termination
i) You agree that Mithra may, with or without cause and/or prior notice, immediately terminate your account and your access to any Mithra services. Without limiting the foregoing, the following will lead to a termination by Mithra of your use of the its services: (a) breaches or violations of these Terms or other incorporated Mithra agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) unexpected technical issues or problems or (e) extended periods of inactivity.
ii) Termination of your Mithra account includes removal of access to all services within the Dakshina Foundation services and may also bar you from further use of our services. Furthermore, you agree that all terminations shall be made at Dakshina Foundation’s sole discretion and that we shall not be liable to you nor any third party for any termination of your account.
Privacy Policy
The use of our Mithra platform, including the website and the mobile application, is also governed by our Privacy Policy and our Data Protection Policy, which can be accessed on the Mithra platforms. Without limiting the terms and conditions in our Privacy Policy, you understand and agree that Mithra may disclose personally identifiable information if required to do so by law or in good faith, in the belief that such disclosure is necessary to comply with any legal or statutory obligations arising upon us.
Indemnification
By accepting the terms of use set forth in this document, you agree to indemnify and hold harmless, Mithra- a unit of Dakshina Foundation, its directors, trustees, officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from (i) your use of our services, (ii) unauthorized access to or alteration of your communications with or through our services, (iii) any other matter relating our services.
Governing Law
These terms will be governed by and construed in accordance with the laws of India and you agree to submit to the exclusive jurisdiction of the courts at Bangalore, Karnataka.
Donations made by Donors
i) Donations on the Mithra platform can be made by members as well as non-members by following the necessary steps on the platform.
ii) You can donate to selected beneficiaries by accessing the Donee database available on the Mithra platform. You are always free to contact us for any further queries regarding the donees/beneficiaries that you are interested to donate to.
iii) Donations made by donors residing outside India must be routed through a bank account in India. Presently, we do not accept donations coming from bank accounts outside India.
iv) You can donate using a number of payment methods such as credit/debit cards, net-banking, UPI and e-wallets. The donations are processed by a secure payment gateway.
v) All donations made under through our platform are non-refundable in any and all circumstances. Therefore, we request you to be sure before you donate.
vi) There are various charges incurred when you make a donation – including charges by credit card companies, banks and payment service providers. These charges vary depending on many factors including your location, payment method and donation size and currency.
vii) The online confirmation you receive after you make your donation is considered as your receipt for that donation. Kindly keep it safely in your records for any tax exemption or other statutory purposes.
viii) We reserve the right at any time from time to time to modify or discontinue, temporarily or permanently the donation facility with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuation of the facility.
ix) Donations made to a beneficiary/donee/project will be given to that beneficiary/donee/project only and no substitution of donations shall be undertaken without obtaining your consent.
x) We are not responsible for any dissatisfaction you may have regarding the use of any donation you may make through the platform or its associated services or websites powered by us.
>xi) All the payments paid to “Mithra – a unit of Dakshina Foundation” are eligible for an exemption (ie. tax benefit) of 50%, under the section 80G(5)(vi) of Income Tax Act 1961 and are considered as donations. To qualify for this, you need to fill in the C9 part of your tax return form with the total amount you have donated during the tax year.
xii) While opting for any service that we provide, under different projects or for different programs, a receipt for tax exemption will be provided.
We strive to facilitate the sharing between You and Mithras, while building trust and transparency. We ensure all materials donated to beneficiaries will be of reasonable quality, intimation shall be sent to you on deliveries. We strive hard to deliver the products donated by the Donors to the beneficiaries. Due to market conditions, we may have to change the beneficiaries. “Mithra – an unit of Dakshina Foundation” reserves the right, at its discretion, to change assigned Mithras. Whatever change happens, we make sure Donor will be intimated about the change.
Disclaimer
i) We do not warrant the accuracy and completeness of the material on the website/mobile application. Mithra may make changes to the material from time to time, without notice. The material on the website may be out of date. Although we strive to constantly update the content and material, we shall not be liable for any delays in the same.
ii) Under no circumstances shall we be responsible for any loss or damage, resulting from use of the our services, attendance at a Dakshina Foundation event, from any content posted on or through our services, from the conduct of any user of our services, whether online or offline, or damage arising as a result of any bugs, Trojan horses, viruses, worms or other harmful codes or errors.
iii) To the fullest extent permitted by applicable law, we shall not be liable to any user under contract, tort, equity or otherwise for any loss or damages arising out of its connection with the user’s use of the website or the provision of services by us, whether any of the foregoing are, without limitation, special, incidental, indirect, punitive or consequential and/or whether any of the foregoing are, without limitation, occasioned by the negligence, fault, error, omission, act, or breach of Dakshina Foundation, its employees, contractors or sub-contractors. Without prejudice to the generality of the foregoing, under no circumstances shall we be liable to any user for any consequential, economic or indirect loss or damages, loss of profits, revenue, business, capital, administrative time or loss of use of data or software, howsoever arising.
iv) Part of our platform may contain advertising and sponsorship. Advertising and sponsorship are responsible for ensuring that material submitted. We take no responsibility for third-party advertisement that are posted on our Mithra platform. We shall not be responsible for any error or inaccuracy in the advertising materials.
v) We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication.
vi) While we endeavour to ensure that the website is normally available 24 hours a day, we are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Dakshina Foundation services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with our services. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond its control.
vii) Commentary and other materials posted on this website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
Testimonial Disclaimer
The site may contain testimonials about an individual experience. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume that all users will have the same experiences. Your individual results may vary.
The testimonials on the Site are submitted in various forms such as text, audio and /or video, and are reviewed by us before being posted. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions.
Donee/Mithra Profiles
Listing of your profile on the platform signifies that you, on behalf of yourself and your family, have agreed to the following:
i) You shall furnish all your details, including your Aadhar card, Ration card, BPL card or any other forms of identification or personal information required by us, in order to verify your eligibility as a donee for our Mithra platform.
ii) You authorize us to appeal for and seek donations on your behalf on a regular basis, in such ways as are within the provisions of law, and promotional ethics.
iii) You shall ensure that all donations received through the platform are used within a reasonable time limit. You shall ensure that the donor’s intention is honored.
iv) If it comes to our knowledge that you are misusing the services on our platform to gain an unlawful or unfair advantage/profits, we reserve the right to terminate your membership with us, and initiate legal actions against you, if required.
v) You shall indemnify us against any and all legal liabilities arising out of the presentation of false or incorrect information.
vi) You shall indemnify us from any legal liabilities arising due to non-compliance with the Terms mentioned herein.
vii) You authorize us to post your details on our platform, which shall be available for public viewing for convenience of the donors. If you do not want your details to be disclosed publicly on our platform, you can opt for a mode of donation wherein your details shall be shared only with the donor who is interested to make a donation to persons matching your profile. However, we shall presume that you have consented to the disclosure of your personal information on the Mithra platform, unless you specifically request us not to do so. Upon receiving your request, we shall immediately ensure that your profile is not available for public viewing.
Other Terms
i) These Terms are accepted upon your use of this website or any of our services and is further affirmed by you becoming a user.
ii) These Terms, together with any new Terms, constitutes the entire agreement between you and Dakshina Foundation regarding the use of services of Mithra website.
iii) The failure of Mithra or Dakshina Foundation to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
iv) These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
v) You may not assign, notate, sub-contract or otherwise transfer its part or all of these Terms, without the prior written consent from us.
vi) Nothing in these Terms shall create or be deemed to create a partnership, joint venture or relationship of employer and employee of any kind between us and you.
vii) We shall not be liable for delay or failure to perform any of its obligations under these Terms where and to the extent that such delay or failure results from any circumstances beyond its reasonable control.
The provisions of this Terms and Conditions shall be governed by, and construed in accordance with Indian law, and any dispute, controversy or claims arising out of or relating to this agreement or any breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. The jurisdiction of this agreement shall be Coimbatore, Tamil Nadu.
For any other information on Terms and Conditions, contact us at enquiries@matangifoundation.org.
