Policies regarding donations to SPTM

Terms and Conditions for Online Donations

The Terms and Conditions contained in all sections of this page shall apply to any person (‘Donor’) desirous of making a donation to Save Pune Traffic Movement (‘SPTM’) through an online payment gateway service (“Service”) provided to SPTM by Razorpay Payments Pvt Ltd. through SPTM’s website i.e. https://savepunetraffic.org. Each Donor is therefore deemed to have read and accepted these Terms and Conditions.

A. Privacy Policy

SPTM respects and protects the privacy of Donors that access this Service use the interface provided through it. Individually identifiable information about the Donor is not willfully disclosed to any third party without first receiving the Donor’s permission, as covered in this Privacy Policy.

This Privacy Policy describes SPTM’s treatment of personally identifiable information that SPTM collects when Donors wish to make a donation to SPTM using this Service. SPTM does not collect any unique information about the Donor (such as Donor’s name, email address, PAN etc.) except when the Donor specifically and knowingly provides such information on the Website. Like any business interested in offering the highest quality of service to clients, SPTM may, from time to time, send email communication to the Donor to tell them about various activities being conducted by SPTM.

Please be aware, however, that SPTM will release specific personal information about the Donor if required to do so in the following circumstances:

In order to comply with any valid legal process such as a search warrant, statute, or court order, or
If any of Donor’s actions on SPTM’s website violate the Terms of Service, or
To protect or defend SPTM’s legal rights or property, the SPTM site, or SPTM Donors; or
To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the security, integrity of SPTM website/activities.

B. General Terms and Conditions For Online-Payments

Once a Donor has accepted these Terms and Conditions, he/ she may avail the Services to make a donation to SPTM by entering his/ her details and making a Donation.
SPTM’s rights, obligations, undertakings shall be subject to the laws in force in India, as well as any directives/ procedures of Government of India, and nothing contained in these Terms and Conditions shall be in derogation of SPTM’s right to comply with any law enforcement agencies request or requirements relating to any Donor’s use of the website or information provided to or gathered by SPTM with respect to such use. Each Donor accepts and agrees that the provision of details of his/ her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of SPTM.
If any part of these Terms and Conditions are 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 and Conditions shall continue in effect.
These Terms and Conditions constitute the entire agreement between the Donor and SPTM. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Donor and SPTM. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The entries in the books of SPTM and/or the Payment Service Providers kept in the ordinary course of business of SPTM and/or the Payment Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the Donor and shall be conclusive proof of the genuineness and accuracy of the transaction.

C. Cancellation and Refund Policy

SPTM is not a ‘merchant’, but a ‘Non-Government Organization (NGO)’. Therefore the concept of ‘cancelling an order and claiming a refund’ does not apply to SPTM. A donation made to SPTM cannot be cancelled and the amount cannot be refunded, except under the following situations.
In these Terms and Conditions, the term “Charge Back” shall mean, approved and settled credit card or net banking purchase transaction(s) which are at any time refused, debited or charged back to merchant account (and shall also include similar debits to Payment Service Provider’s accounts, if any) by the acquiring bank or credit card company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
Refund for fraudulent/duplicate transaction(s): The Donor shall directly contact SPTM for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by SPTM alone in line with their policies and rules.
Server Slow Down/Session Timeout: In case the Website or Payment Service Provider’s web page, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the Donor shall, before initiating the second Donation, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:

In case the Bank Account appears to be debited, ensure that he/ she does not make the Donation twice and immediately thereafter contact SPTM via e-mail or any other mode of contact as provided by SPTM to confirm Donation.
In case the Bank Account is not debited, the Donor may initiate a fresh transaction to make Donation.
However, the Donor agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulent/duplicate transactions and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Service Provider(s) in this regards shall be entertained by the Payment Service Provider(s).

D. Limitation of Liability

SPTM has made this Service available to the Donor as a matter of convenience. SPTM expressly disclaims any claim or liability arising out of the provision of this Service. The Donor agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that SPTM reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.
SPTM and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the SPTM and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.
SPTM and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the Donor on account of:
(i) the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or
(ii) any interruption or errors in the operation of the Payment Gateway.
The Donor shall indemnify and hold harmless the Payment Service Provider(s) and SPTM and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.
The Donor agrees that SPTM or any of its employees will not be held liable by the Donor for any loss or damages arising from your use of, or reliance upon the information contained on the Website, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond SPTM’s reasonable control.

E. Miscellaneous Conditions

Any waiver of any rights available to SPTM under these Terms and Conditions shall not mean that those rights are automatically waived.
The Donor agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that SPTM or the Payment Service Provider(s) have no control over such matters.
Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the Donor, SPTM does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.
SPTM, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.
The Donor shall be responsible for any transactions made by Donor using his/her ID and Password. The Donor is hereby informed that SPTM will never ask the Donor for the Donor’s password in an unsolicited phone call or in an unsolicited email. The Donor is hereby required to sign out of his/ her account as applicable and close the web browser window when the transaction(s) have been completed. This is to ensure that others cannot access the Donor’s personal information and correspondence when the Donor happens to share a computer with someone else or is using a computer in a public place like a library or Internet café.

F. Debit/Credit Card, Bank Account Details

The Donor agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the Donor shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The Donor further agrees and undertakes to provide correct and valid debit/credit card details.
The Donor may make his/ her Donation to SPTM by using a debit/credit card or through online banking account or using a UPI ID, or any such similar instrument capable of making online payments. The Donor warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:
i. The Donor is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;
ii. The Donor is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
iii. The Donor is authorizing debit of the nominated card/ bank account for the payment of dues selected by such Donor along with the applicable Fees. iv. The Donor is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the Donation to permit the payment of the dues payable or the bill(s) selected by the Donor inclusive of the applicable Fee.

G. Personal Information

The Donor agrees that, to the extent required or permitted by law, SPTM and/ or the Payment Service Provider(s) may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.
The Donor agrees that any communication sent by the Donor vide e-mail, shall imply release of information therein/ therewith to SPTM. The Donor agrees to be contacted via e-mail on such mails initiated by him/ her and/or on email IDs provided by him /her using this Service.
In addition to the information already in the possession of SPTM and/ or the Payment Service Provider(s), SPTM may have collected similar information from the Donor in the past. By entering the Website the Donor consents to the terms of SPTM’s information privacy policy and to SPTM’s continued use of previously collected information. By submitting the Donor’s personal information to SPTM, the Donor will be treated as having given his/her permission for the processing of the Donor’s personal data as set out herein.
The Donor acknowledges and agrees that his/ her information will be managed in accordance with the laws for the time in force.

H. Payment Gateway Disclaimer

The Service is provided in order to facilitate access to view and pay dues online. SPTM or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the Donor expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the Donor.