Terms & Conditions of Technology Services

1.1 What MSOVPL Is

• ·A technology services company providing payment routing, portal software, webhook integrations, PDF generation, data infrastructure, and analytics.
• ·The entity that receives a separate platform convenience fee directly at the payment gateway — never from donation funds.
• ·A Data Fiduciary under the Digital Personal Data Protection Act, 2023 (‘DPDP Act’) for platform usage data.
• ·An intermediary under Section 2(1)(w) of the Information Technology Act, 2000 (‘IT Act’) for third-party content hosted on the platform.

1.2 What MSOVPL Is Not

• ·MSOVPL is NOT a charitable trust, a non-profit, or a registered NGO.
• ·MSOVPL does NOT collect, hold, or disburse charitable donations. That function belongs exclusively to the MadadSetu Charitable Trust (‘the Trust’), a separate Public Charitable Trust registered under the Indian Trusts Act, 1882.
• ·MSOVPL does NOT issue 80G tax receipts. The Trust issues them. MSOVPL’s technology generates the PDF document as a service; the legal issuer is the Trust.
• ·MSOVPL does NOT make eligibility decisions about beneficiaries. The Trust does.
• ·MSOVPL does NOT decide how donation funds are allocated. The Trust’s Board of Trustees decides.

2.1 Services MSOVPL Provides

2.2 Services MSOVPL Explicitly Does NOT Provide

• ·Custody, escrow, or holding of charitable donation funds at any point in the transaction flow.
• ·Charitable advisory services, grant-making decisions, or beneficiary welfare assessments.
• ·Insurance underwriting, brokerage, or policy issuance (those functions belong to Samavesh, an IRDAI-registered entity).
• ·Legal, tax, or financial advice to any user.
• ·Guarantee of platform uptime, campaign success, or fund sufficiency for any specific beneficiary.

2.3 Service Level Expectations

MSOVPL targets 99.5% monthly uptime. Planned maintenance will be communicated 48 hours in advance. MSOVPL is not liable for downtime caused by third-party infrastructure (Razorpay, Cashfree, AWS, Samavesh) or force majeure.

3.1 Two Independent Transactions

When you donate on madadsetu.org, you authorise two independent payment transactions simultaneously at the payment gateway:

3.2 What You See at Checkout

The checkout page will always show, before you confirm payment:

• ·The charitable donation amount going to the Trust.
• ·The platform convenience fee going to MSOVPL.
• ·Whether GST is applicable on the convenience fee (currently not charged; will be displayed when MSOVPL obtains GST registration).
• ·The total amount being debited from your account.

You will never be charged an amount that was not disclosed to you before payment.

3.3 Tripartite Consent — Mandatory Disclosure

Before payment is processed, the following disclosure is shown in full at the bottom of the payment page. The donor must read and acknowledge it before proceeding. Proceeding with payment constitutes acceptance of both transactions described within it.

3.4 GST — Current Status and Future Obligation

MSOVPL is not currently GST-registered. The platform convenience fee (Transaction B) is therefore not subject to GST at this time. When MSOVPL obtains GST registration — upon crossing the applicable turnover threshold under the GST Act — GST will be added to the convenience fee. MSOVPL will notify all registered users at least 15 days before GST becomes applicable, and updated checkout screens will show the GST amount separately before payment confirmation.

4.1 Categories of Users

4.2 Acceptance of Terms

By accessing or using the platform in any manner — browsing, registering, donating, or creating a campaign — you accept these Terms in full. If you do not agree, do not use the platform.

These Terms form a binding legal agreement between you and MSOVPL. They are supplemented by the Trust’s separate Campaign Terms, which govern the charitable donation relationship.

4.3 Eligibility

• ·You must be 18 years of age or older to make a donation or create a campaign.
• ·You must have the legal capacity to enter into a contract under applicable Indian law.
• ·If donating on behalf of an organisation, you must have authority to do so.
• ·MSOVPL reserves the right to verify eligibility and decline service where required by law or in MSOVPL’s reasonable discretion, without stating a reason.

5.1 Platform Convenience Fee

The platform convenience fee charged by MSOVPL is approximately 3% of the charitable donation amount. The exact fee applicable to your transaction is displayed at checkout before payment.

This fee covers technology infrastructure, payment gateway costs, server hosting, receipt generation, and platform operations. It is non-refundable once a transaction is completed, as the technology service is rendered at the point of payment. GST is not currently charged on this fee (MSOVPL is not yet GST-registered). When GST registration is obtained, GST will be added and disclosed at checkout with 15 days’ advance notice to users.

5.2 Payment Gateway Charges

Payment gateway processing fees (charged by Razorpay or Cashfree to MSOVPL) are borne by MSOVPL from its platform fee. They are NOT separately charged to you. No hidden payment gateway deductions apply to your charitable donation amount.

5.3 The 85/15 Split Within the Trust — Full Disclosure

This describes the Trust’s internal fund management, disclosed here for complete transparency because it affects how your donation is used.

MSOVPL’s technology service invoice to the Trust is drawn from the 15% administrative cap — not from donor funds earmarked for beneficiaries. The exact invoice amount is disclosed in the Trust’s publicly available annual audited financial statements.

5.4 Zero Hidden Deductions Commitment

MSOVPL commits that no deductions will be made from the charitable donation amount (Transaction A) at any point by MSOVPL. The amount shown as ‘your donation to the Trust’ at checkout is the amount that reaches the Trust’s bank account.

6.1 Pool Donations (Default)

By default, donations enter a pool. The allocation engine distributes the pool to the highest-priority verified beneficiary in the queue (FIFO — first registered, first funded). If the top beneficiary’s premium is fully covered, excess funds automatically move to the next beneficiary. No surplus benefits MSOVPL.

6.2 Designated Donations

If you designate a donation to a specific beneficiary and that beneficiary is already fully funded when your donation is processed, you will be notified by email and offered the option to:

• ·Redirect your donation to the next verified beneficiary in the queue (recommended).
• ·Hold your donation in the general pool for the next available beneficiary.
• ·Request a refund (subject to Section 7 of these Terms).

You will not be silently redirected. You will be asked. Every time.

6.3 Emergency Grants — Surplus After Hospital Settlement

• ·If funds raised exceed the final verified hospital bill, the excess returns to the Trust’s emergency grant pool for the next eligible patient.
• ·MSOVPL has zero claim over any surplus from emergency grant campaigns.
• ·Trust Board resolution required for any reallocation above a threshold defined in the Trust Deed.

7.1 How to Claim a Refund

Email info@madadsetu.org with your Donation ID, registered email address, and reason for the refund request. We will acknowledge within 24 hours and respond with a decision within 5 business days.

7.2 Refund Method

All refunds are credited to the original payment method. No cash refunds. No bank transfers to third-party accounts. Refunds cannot be redirected to a different card, UPI ID, or bank account than the one used for the original transaction.

8.1 Data MSOVPL Collects

8.3 Marketing Communications — Opt-In Only

8.4 Your Rights Under the DPDP Act, 2023

• ·Right to Access: Request a copy of all personal data we hold about you.
• ·Right to Correction: Request correction of inaccurate data.
• ·Right to Erasure: Request deletion of your data, subject to mandatory retention requirements (e.g., financial records for tax compliance).
• ·Right to Grievance Redressal: Raise a complaint with our Grievance Officer (Section 14).
• ·Right to Nominate: Nominate a person to exercise your data rights in the event of your death or incapacity.

To exercise any of these rights, email info@madadsetu.org. We will acknowledge within 48 hours and respond within 30 days.

8.5 Data Security Measures

• ·All sensitive data encrypted at rest (AES-256) and in transit (TLS 1.3).
• ·All servers and databases hosted in AWS Mumbai (ap-south-1) — no data crosses Indian borders.
• ·Document files served via pre-signed S3 URLs with 15-minute expiry. No public bucket access exists.
• ·In the event of a data breach, MSOVPL will notify the Data Protection Board of India and affected users without delay, as required by the DPDP Act, 2023.

9.1 No Exclusivity Requirement

Campaigners and beneficiaries using this platform are not required to use it exclusively. You are free to simultaneously run fundraising campaigns on other platforms. MSOVPL does not penalise, suspend, or terminate campaigns on the basis that parallel fundraising is occurring elsewhere.

9.2 No Lock-In Period

There is no minimum campaign duration. You can withdraw a campaign at any time by notifying us at info@madadsetu.org. Campaign termination will be processed within 24 hours of your request.

9.3 No Monetary Penalties for Campaigners

MSOVPL does not impose monetary penalties on campaigners or beneficiaries for withdrawing campaigns, running parallel fundraising efforts, or for any reason other than fraud or violation of Section 11 (Prohibited Conduct).

9.4 Account Deactivation

You may deactivate your account at any time by emailing info@madadsetu.org. Your profile will be removed from public view immediately. Underlying financial records will be retained for the period required by law (8 years for income tax purposes) before permanent deletion.

10.1 MSOVPL as an Intermediary Under the IT Act, 2000

MSOVPL operates as an intermediary under Section 2(1)(w) of the Information Technology Act, 2000. In this capacity, MSOVPL hosts third-party content submitted by campaigners, donors, and beneficiaries; does not initiate, select, modify, or endorse that content; and is entitled to safe harbour protections under Section 79 of the IT Act, subject to due diligence obligations below.

10.2 Prohibited Content

Users must not submit content that:

• ·Is false, misleading, or misrepresents the medical or financial condition of a beneficiary.
• ·Infringes any third-party intellectual property rights.
• ·Is defamatory, obscene, threatening, or incites violence.
• ·Violates any applicable law, including the IPC, IT Act, FCRA, PMLA, or Aadhaar Act.
• ·Includes another person’s personal data without their explicit consent.
• ·Constitutes spam, phishing, or unauthorised commercial solicitation.

10.3 Content Moderation

MSOVPL reviews campaign content before it goes live. This review is for platform quality and does not constitute a warranty that the campaign’s underlying claims are accurate. Verification of beneficiary eligibility is the Trust’s responsibility.

Any user who believes a campaign contains false or misleading information may report it using the ‘Report’ button on the campaign page. MSOVPL will review reported content and, where found violating these Terms, take action within 72 hours of receiving a complete complaint.

11.1 Fraud and Misrepresentation

• ·Creating a campaign for a fictitious beneficiary or fabricated medical condition.
• ·Misrepresenting the amount of funds needed or how they will be used.
• ·Using fabricated documents, forged records, or manipulated photographs.
• ·Making a payment using a stolen, cloned, or unauthorised debit or credit card. MSOVPL will pursue criminal charges and cooperate fully with law enforcement and cyber security agencies in all such cases.

11.2 Money Laundering and Terrorist Financing

• ·Using the platform for money laundering, transaction structuring, or any activity in violation of the PMLA, 2002.
• ·Receiving or routing funds for any organisation or individual designated under UAPA, FCRA prohibited categories, or any international sanctions list.

11.3 Misuse of Platform Data

• ·Scraping, harvesting, or extracting donor or beneficiary data from the platform.
• ·Using platform data for purposes other than the stated campaign or donation.

11.4 Platform Integrity

• ·Circumventing the payment flow to avoid the tripartite disclosure or the dual-split architecture.
• ·Manipulating campaign metrics, donation counts, or using bots on the platform.
• ·Using the platform to promote competing commercial services.

12.1 Common Directorship

The founding director(s) of MSOVPL are also Trustees of the MadadSetu Charitable Trust. This is a Related Party relationship under Schedule V of the Companies Act, 2013 and applicable Indian Accounting Standards.

12.2 How Conflicts Are Managed

• ·All transactions between MSOVPL and the Trust are at arm’s length, governed by a formal Technology Services Agreement signed by independent trustees on each side.
• ·The Technology Services Agreement is reviewed and approved by MSOVPL’s Board annually.
• ·MSOVPL’s fee invoiced to the Trust is disclosed in the Trust’s annual audited financial statements.
• ·MSOVPL’s statutory auditor reviews all related-party transactions annually per Companies Act, 2013.
• ·Any director with a conflict of interest in a Board decision recuses themselves from the vote. This is documented in the Board minutes.

12.3 Annual Disclosure Commitment

MSOVPL commits to disclosing the following annually on the platform:

• ·Total fees paid by the Trust to MSOVPL in the financial year.
• ·Nature of the Technology Services Agreement.
• ·Names of directors common to both entities.

13.1 At Launch

The Trust does not hold FCRA registration at launch (applicable after 3 years of operations). During this period, foreign currency donations will not be accepted for the charitable donation component. NRI donors with Indian bank accounts (INR transactions) may donate. The platform will clearly indicate when foreign donation capability becomes available.

13.2 Post-FCRA Registration

After the Trust obtains FCRA registration, foreign donations will be received in the designated SBI New Delhi Main Branch FCRA account as required by law. MSOVPL’s technology will route foreign donations to this account. MSOVPL’s platform fee from foreign donors will be subject to applicable tax and regulatory treatment.

13.3 Prohibited Persons

Any donor found to fall within the FCRA Section 3(1) prohibited categories will have their donation suspended and refunded. MSOVPL will cooperate with law enforcement and MHA inquiries without exception.

14.1 IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

As an intermediary, MSOVPL complies with the IT (Intermediary Guidelines) Rules, 2021, including: publishing Terms and Privacy Policy prominently on the platform; appointing a Grievance Officer resident in India; acknowledging grievances within 24 hours and resolving within 15 days; acting on valid court orders and government directions regarding content; not hosting prohibited content as defined by Rule 3(1)(b).

15.1 AML Compliance

MSOVPL operates in compliance with the Prevention of Money Laundering Act, 2002. The dual-transaction architecture — with full audit trails at the payment gateway level — ensures every rupee is traceable from source to end-use.

15.2 Beneficiary KYC

Every beneficiary must complete KYC before admission to the active queue:

• ·Contact number verification (OTP-based).
• ·BPL card verification (image upload reviewed by Trust trustees).
• ·Third-party KYC API verification (DigiLocker or equivalent) — returns only verified/failed status and reference ID. No Aadhaar number is collected or stored anywhere in MSOVPL’s systems.

15.3 PAN Collection

PAN is collected at checkout for donors claiming 80G benefits. Without PAN: the donation is still processed; an 80G receipt cannot be auto-generated; the donation is flagged ‘PAN not provided’; the donor is warned clearly before proceeding. PAN is used only for Form 10BD filing and 80G receipt generation. It is encrypted at rest and never used for any other purpose.

16.1 MSOVPL Is Responsible For

• ·The accuracy and reliability of the platform’s technology — payment routing, receipt generation, webhook integrations, data security.
• ·Providing the services in Section 2 with reasonable care and skill.
• ·Complying with applicable law: IT Act, DPDP Act, GST Act, Companies Act, Consumer Protection Act.
• ·Handling personal data as described in Section 8.
• ·Processing refunds where applicable under Section 7.

16.2 MSOVPL Is Not Responsible For

• ·The accuracy of campaign descriptions, medical records, or financial information submitted by campaigners or beneficiaries.
• ·The actions of the Trust in allocating, disbursing, or managing charitable funds.
• ·Outcomes of medical treatment funded through the platform.
• ·Failure or delay by third-party service providers (Razorpay, Cashfree, Samavesh, AWS, MSG91) outside MSOVPL’s control.
• ·Loss caused by events outside MSOVPL’s reasonable control, including natural disasters, government actions, cyberattacks on third-party infrastructure, or internet outages.
• ·Indirect, consequential, or punitive damages arising from use of the platform.

16.3 Aggregate Liability Cap

To the maximum extent permitted by law, MSOVPL’s total liability to any user for any claim arising from these Terms shall not exceed the platform convenience fee paid by that user in the 12 months preceding the claim, or INR 5,000, whichever is greater.

Nothing in these Terms excludes liability for: fraud, wilful misconduct, death or personal injury caused by MSOVPL’s negligence, or any liability that cannot be excluded under applicable law including the Consumer Protection Act, 2019.

16.4 Consumer Rights Preserved

Nothing in these Terms limits or overrides your rights as a consumer under the Consumer Protection Act, 2019. You may approach the appropriate Consumer Disputes Redressal Forum at any time.

18.1 MSOVPL Owns

• ·Domain names: madadsetu.org, madadsetu.com, madadsetu.in and all associated subdomains.
• ·Trademark ‘MadadSetu’ (Class 36, Class 42, Class 45) — filed with IP India by MSOVPL.
• ·All platform source code, architecture, design systems, and technical documentation.
• ·All original campaign creatives and brand assets produced by MSOVPL’s team.
• ·All anonymised impact data and analytics derived from platform usage.

18.2 Licence to the Trust

MSOVPL grants the MadadSetu Charitable Trust a perpetual, royalty-free, non-exclusive licence to use the ‘MadadSetu’ brand, domain, and platform for charitable purposes, documented in the Technology Services Agreement between the two entities.

18.3 MadadSetu Brand

The ‘MadadSetu’ name, logo, and associated brand assets are the sole property of MSOVPL. Users may not use the MadadSetu name, logo, or brand assets for any purpose without MSOVPL’s prior written consent. Unauthorised use constitutes trademark infringement.

19.1 Governing Law

These Terms are governed by the laws of India, including the Companies Act 2013, Information Technology Act 2000, DPDP Act 2023, Consumer Protection Act 2019, and all applicable rules thereunder.

19.2 Jurisdiction

The courts at Pune, Maharashtra, India shall have exclusive jurisdiction over any dispute, subject to the arbitration clause below.

19.3 Dispute Resolution Steps

• ·Step 1 — Direct Resolution (30 days): Both parties attempt to resolve the dispute informally within 30 days of written notification to info@madadsetu.org.
• ·Step 2 — Arbitration: If unresolved, the dispute proceeds to binding arbitration under the Arbitration and Conciliation Act, 1996 (as amended). Seat: Pune, Maharashtra. Language: English. Single arbitrator by mutual agreement; if no agreement within 15 days, appointed per the Act.
• ·Step 3 — Consumer Forum: Notwithstanding the above, individual consumers retain the right to approach any Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019. MSOVPL will NOT invoke arbitration against a consumer who prefers the consumer forum route.

21.1 Severability

If any provision of these Terms is found unlawful or unenforceable, it shall be modified to the minimum extent necessary, or severed if modification is not possible. Remaining provisions continue in full force.

21.2 Entire Agreement

These Terms, the Privacy Policy, and the Trust’s Campaign Terms constitute the entire agreement between you and MSOVPL regarding use of the platform.

21.3 Waiver

MSOVPL’s failure to enforce any provision does not constitute a waiver of that right or provision.

21.4 Assignment

You may not assign your rights under these Terms without MSOVPL’s prior written consent. MSOVPL may assign these Terms in connection with a merger, acquisition, or sale of assets, provided the assignee agrees to be bound by these Terms.

21.5 Electronic Consent

You consent to receive these Terms, notices, and all communications from MSOVPL in electronic form. Electronic acceptance has the same legal effect as a written signature under the IT Act, 2000.

21.6 Language

These Terms are published in English. In the event of conflict between the English version and any translation, the English version shall prevail.