These rules and regulations (“Termsand Conditions ” ) shall be binding on each participant (“Donor” and/or “You”) for the worldwide territory (“Territory”) who voluntarily desire to make monetary donations towards various Non-Governmental Organisations (hereinafter collectively referred to as “NGO(s)”) featured on the program titled “Satyamev Jayate” (“Program”), being produced by Aamir Khan Productions Private Limited (“AKPPL”) to be aired on the various television channels of Star India Private Limited (“Star”) and its affiliates including but limited to Star Plus, Star Pravah, Star World ,Vijay TV, Asianet, Star Utsav and another regional channel ETV ( hereinafter collectively referred to as “Channels”). Star through the medium of the Program telecast on the Channels intends to promote the activities of NGO’s engaged in various causes of social upliftment and particularly in the areas of various social issues discussed on the episodes of the Program (“Episode(s)”), the work being undertaken by such NGOs and desires to assist the NGO’s by endeavouring to mobilize and assist in the collection of voluntary funds and out of free will monetary donations, both in Indian national rupee (“INR”) and/or any foreign currency (hereinafter referred to as “Donations”) made by Donors (“Campaign”) . This Program shall be aired and telecast on DD also , it is however clarified that no endeavor shall be made by DD channel to collect any Donations through the medium of telecast of the Program on DD channel.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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 Donations towards the Campaign shall be made in the name of the particular NGOs featured on the corresponding Episode(s) of the Program commencing from March 2nd 2014 till to June 30,2014 (“Period”) on the Channels.
You are eligible to make a Donation towards the Campaign, subject to these Terms and Conditions if( i)You have attained the age of majority i.e. eighteen (18) years, and (ii) You are a company/proprietorship or any other entity duly registered/incorporated under the laws of India or if you are residing in India or if you are a foreign citizen /national residing in India or a foreign national residing outside India.
For the purpose of this Terms and Conditions , “Indian Nationality Donors” shall mean and include Indian citizens residing in India and other entities and bodies incorporated/registered/set-up in India and “Foreign Nationality Donors” shall mean and include Foreign citizens residing outside India , foreign corporations and other registered bodies, Indian subsidiaries of foreign entities and non-resident Indians residing outside India at the time of Donation towards the Campaign (“NRIs”).For avoidance of doubt Indian Nationality Donors and Foreign Nationality Donors shall hereinafter be collectively be referred to as “Donors “
- Payments towards Donation
For the purpose of collecting Donations in INR ,the NGO(s) shall each have separate bank accounts with Axis Bank (“Bank”) in each of their respective names for the limited purposes of collecting all the donations towards the Campaign(“NGO Campaign Account”).For avoidance of doubt it is clarified that the NGO Campaign Account opened by the respective NGO’s with the Bank shall be specifically for the purposes of collecting and mobilizing donations in INR towards the Campaign and no further purpose vide the payment mechanisms set out below. All Foreign Nationality Donors shall directly make Donations towards the Campaign directly into the particular NGO’s FCRA account in the mode and manner as set out herein below.
The payments towards the Campaign can be made both by Indian nationals and Foreign Entities (defined below) through the following modes (“Payment Mechanism”) in the mode and manner as set out herein below :
- INDIAN NATIONALITY DONORS
- PAYMENT VIA CHEQUE.
During the Period , Indian Nationality Donors, can also make Donations via cheques in favour of the NGO Campaign Account (of their choice) with the details and manner as shown in the promos on the Channel/the Star Website/NGO Website/the Program/Social Media, .The Indian Nationality Donors (s) are required to quote the relevant keywords, details including personal information, as applicable and sought and the NGO Campaign Account number of the respective NGOs towards which they want to make the Donation. The Indian Nationality Donor(s) are also required to provide their name, mobile number, PAN Card number on the backside of the cheques and drop the cheque at the nearest branch of the Bank . For additional information the Indian Nationality Donors can contact the nearest branch of Axis Bank. You can drop the cheques at any Axis Bank branches.
- ONLINE PAYMENT
- Indian Nationality Donors can make payment through online transfer during the Period by logging on to “www.satyamevjayate.in” (“Star Website”), choosing the NGO of their choice, and following the instructions therein to make the Donations upon which the Donor shall be redirected to website of the Bank i.e.“www.axisbank.com”(“Bank Website”) to complete the Donation transaction. The Donations received through this payment mechanism shall be directly deposited into the NGO Campaign Account.
- You understand and agree that in addition to these Terms and Conditions, the Donor shall also be bound by the terms and conditions of the Bank Website and/or any additional payment gateway service provider while making Donations towards a NGO(s) on the Bank Website and/or once he/she has been redirected away from the Star Website. Indian Nationality Donor also understands and agrees that the personal or sensitive personal information provided by the Indian Nationality Donor on such third party websites shall be subject to the terms of such third party websites and Star shall not be liable for the same.
- In case of any network failure and /or technical failure in accessing the Star Website and /or Bank Website and/or the NGO Website and /or unclear network, breakdown of machinery, disruption of network and/or for any reasons whatsoever, Star reserves the right to at its sole discretion to cease accepting Donations from the Indian Nationality Donor (s), in any manner as it may deem fit and necessary. In addition to the aforesaid, Star shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure/disruption while making Donations on the Bank Website and/or in the internet /network services /system failure / due to technical /technological restrictions and /or due to reasons /events/incidents beyond commercially reasonable control of Star and the Indian Nationality Donor(s) shall hold harmless Star, the Channel(s) and its employees, officers or any other person in relation to the Campaign with respect to the same. Any dispute in connection to the above shall be settled between the Donor (s) and the Bank/NGO Website directly, without involving Star and/or the Channels in any manner whatsoever.
- Star shall not be responsible in the event Donations are not processed and /or received due to any technical error of any nature whatsoever. For purposes of these Terms and Conditions, “receipt/processing” of a Donation occurs when the Bank Website server records the Donation information upon the Donor clicking “Donate/Submit/Process” button. Any automated receipt confirmation and/or deduction of the said amount from the Indian Nationality Donor’s bank account does not constitute proof of actual processing/receipt by the NGO. For the avoidance of doubt, by submitting the Donation, the Indian Nationality Donor(s) is representing that the Donation or contents thereof are not confidential or comprise any sensitive personal information.
- PAYMENT THROUGH SMS
- During the Period, when You respond to the question asked in the Episode of the Program and send a text message through the Short Messaging Service (“SMS”) from their mobile phones in the following format “Y” OR “N” by sending the SMS to 5782701, 5782702…..5782705 (“Shortcode”),You will be charged costs for each such SMS by the respective mobile operators (s) at the rates as Rs. 5/- per sms .
- If your keyword and Shortcode are valid, you will be charged Re.5 via a confirmation text message. It is further clarified that your contribution will be accounted towards the respective NGO (s) featuring in that Episode after the deduction of the mobile operator’s share and applicable government taxes and other service charges. For avoidance of doubt it is clarified that each valid SMS you send will be charged Re.5/-, regardless of when you receive your confirmation text message. If your short code/keyword is invalid, you may not receive a confirmation text message but may still be charged your standard network message charge depending on your mobile operatorYou shall thereinafter receive an acknowledgement, a text message for making a successful contribution through SMS stating: You have voted for change. Thank you for supporting Satyamev Jayate on Star Plus. *T&C visit www.satyamevjayate.in (“Acknowledgement”).
- You agree and acknowledge that the person in whose name the mobile number is registered (from which the SMS is sent) shall be construed to have sent the SMS for the Campaign and shall be considered as the person making the contribution. Consequently, an amount shall be deducted from the account of such person . You can send multiple SMSes towards the Campaign during the Period.
- Neither Star nor the Channels shall be responsible for any additional cost charged by the respective service provider (mobile operators and /or the internet service provider) for participating in the Campaign and any such costs shall be borne by You alone without any recourse to Star. For eg. If you have sent five SMSes on the Shortcode a sum of Rs. 25/- will appear on your mobile bill or be deducted from your prepaid balance. In case of post-paid mobile connection, once you pay your bill, your mobile operator will remit cost of SMS of your contribution to Star after the deduction of the mobile operator’s share and applicable government taxes and other service charges who shall thereinafter account the same to the respective NGO(s) featured in the Episode. Please contact your mobile operator if you have any questions about your mobile bill.
- You agree and understand that any SMSes sent after the Period will be deemed null and void and shall not be accounted toward contributions towards the Campaign, but the person making the contribution may still be charged a standard network message charge depending on the Indian Nationality Donor’s network provider.
- Presently following are the participating mobile operators: Airtel, Tata Docomo, Idea Cellular, Reliance & Vodafone.
- STAR and/or Channels shall not be responsible and/or liable in any manner whatsoever for any network problem/failure, breakdown of machinery, disruption in the network and/or the cost of the SMSes charged by the mobile operator etc. Any dispute in connection to the above shall be settled between you and the mobile operator directly, without involving STAR and/or the Channels.
- You agree and understand that if the Short Code/keyword sent by you is invalid, you may not receive an Acknowledgment but you may still be charged the standard network message charge depending on your network provider.
- PAYMENT THROUGH AIRTEL MONEY
All subscribers of the mobile operator, “Airtel” only will have the additional facility of directly contributing towards the Campaign, and /or the respective NGO(s) featuring in the Episode directly from their mobile via “Airtel Money” by calling on the toll free number “400”,. “Airtel Money” is available to Airtel subscribers on their respective mobile phones. This facility is applicable and limited to Airtel subscribers only and not for any other mobile operators. For avoidance of doubt it is clarified that for the purposes of making the contribution towards the Campaign and /or the respective NGO(s) through the medium of Airtel Money , all such Airtel subscribers shall be bound by the terms and conditions of Airtel provided therein. It is further clarified that all revenues generated through this mechanism of Airtel Money towards the Campaign and /or respective NGO(s) shall be appropriated and remitted to the respective NGO’(s) Campaign Account directly by Airtel in the mode and manner as mutually agreed between Airtel and the respective NGO(s) without recourse to Star .Star shall not in any manner be held liable or responsible for remittance of any revenues accrued through the mechanism of this App towards any of the NGO(s) featured in the Program at any point of time. Any dispute in connection to the above shall be settled between you and the Airtel directly, without involving STAR and/or the Channels.
- FOREIGN NATIONALITY DONORS
- In case of any network failure and /or technical failure in accessing the Star Website and/or NGO Website and /or unclear network, breakdown of machinery, disruption of network and/or for any reasons whatsoever, Star reserves the right to at its sole discretion to cease accepting donations from the Foreign Nationality Donors, in any manner it may deem fit and necessary. In addition Star shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure/disruption while making Donations on the bank and /or NGO Website/ Star Website and/or in the internet /network services /system failure / due to technical /technological restrictions and /or due to reasons /events/incidents beyond commercially reasonable control of Star and the Foreign Nationality Donors shall hold harmless Star, the Channel and its employees, officers or any other person in relation to the Campaign with respect to the same. Any dispute in connection to the above shall be settled between the Foreign Nationality Donors (s) and the bank and /or NGO Website directly, without involving Star and/or the Channels.
- Star shall not be responsible in the event donations are not received due to any technical error of any nature whatsoever. For purposes of these Terms and Conditions, “receipt/processing” of a donation occurs when the NGO Website server records the donation information upon the Foreign Nationality Donors clicking “Submit/Process” button. Any automated receipt confirmation and/or deduction of the said amount from the account of the Foreign Nationality Donors does not constitute proof of actual receipt of the Donation by the NGO. For the avoidance of doubt, by submitting the Donation, the Foreign Nationality Donors is representing that the act of Donation or contents thereof are not confidential or comprise any sensitive personal information and/or is not illegal.
- For the sake of clarity, Donations by Foreign Nationality Donors can be made only via NGO Website and not through any other payment mechanism.
- Further ,Reliance Foundation in the capacity of a philanthropic partner of the Program has agreed and undertaken to donate a sum of Rs. 1,00,00,000/- (Rupees One Crore only) towards the various social issues being featured in all the Episodes of the Program . This donation received from Reliance Foundation shall be divided between the respective NGO’s being featured in each and every Episode of the Program in equal proportion. This donation shall be paid to the respective NGO’s directly by Reliance Foundation without recourse to Star and Star shall not in any manner whatsoever (monetary or otherwise ) be obligated or held responsible to appropriate or collect or remit the same to any of the NGO(s)
- General Rules
- You acknowledge and understand that Star is undertaking the Campaign out of good will and a sense of corporate social responsibility. You additionally acknowledge that Star is not connected in administration/proprietorship and/or otherwise controls any of the NGOs in any which way. Further, Star is merely providing a platform, to connect its viewers including Donors with the NGOs and to facilitate voluntary donations to these NGOs which are working towards various social issues, being depicted on the Episodes of the Program. Save and except for accounting of your contribution towards the respective NGO (s) after the deduction of the mobile operator’s share and applicable government taxes and other service charges, Star is in no way handling the funds/donations from this Campaign at any point and is merely undertaking the role of introducing the Donors to such NGOs. For the sake of clarity, the Donations from the Donor(s) are being transferred and/or deposited directly into a particular NGO(s)’s Campaign Account and/or the NGO’s FCRA account, as the case maybe.
- All Donations received through Cheque and On –line payment from the Indian Nationality Donors in INR in relation to the Campaign for a NGO shall be directed and deposited directly into the NGO(s)’ Campaign Account and all Donations received from Foreign Entities in foreign currency shall be deposited and collected in the NGO’s (of their choice )FCRA account
- You agree and acknowledge that ,save and except for the accounting of your contribution towards the Campaign via the mode of SMS , Your Donation is eligible for tax deduction benefits under Section 80 G of the Indian Income Tax Act, 1961 if the Donor (s) is above the age of eighteen (18) years and a resident of India (as per the Income Tax Act, 1961), and provided that the particular NGO has a valid and subsisting registration under Section 80G of the Indian Income Tax Act, 1961. You hereby agree and confirm that Your Donation to any particular NGO will be eligible for tax deduction benefits if the NGO has a valid and subsisting registration under Section 80G of the Indian Income Tax Act, 1961. Please contact, Your financial advisor to learn the exact scope of the benefits regarding Your Donation.
- Proof of age, if requested, of the Donor(s), must be submitted to Star (i.e., Birth Certificate, 10th Class leaving Certificate/ School certificate/ passport/ an affidavit signed by a magistrate). The Donor(s) additionally represents and warrants that the Donor(s) is duly authorized to make Donations to NGOs as understood under these Terms and Conditions under applicable laws.
- Star reserves all rights to make amendments to the existing Terms and Conditions including the manner or conduits of making Donations towards the Campaign or withdraw the Campaign without giving prior notice. It shall be the sole responsibility of the viewer(s)/Donor(s) to check the Terms and Conditions of the Campaign on the Star Website from time to time.
- Star reserves the right to change the Payment Mechanism or take such necessary steps as it may deem fit in its sole and absolute discretion. It is clarified that Donations towards the Campaign are immediate and irrevocable which means Star cannot cancel Your Donation. Once a Donation has been made for a particular NGO, no refund can be made of the Donation; nor can the end purpose be changed. Additionally, the Donors represents and undertakes that in case of a misappropriation whilst making a Donation, the Donor shall address and seek redressal towards this issue strictly from the NGO and/or the Bank, as applicable, without any recourse towards Star.
- The decision of Star regarding the Campaign and/or Donation made within the timelines and in the manner as set out herein shall be final and binding on the Donor(s) and in no event shall the Donor dispute the decision made by Star and/or its employees in connection to the Campaign and/or Donation made within the Period.
- Donor agrees and understands that Star does not provide any assurance on use of funds deposited towards the NGOs/raised by the NGOs through this Campaign, nor provide feedback reports to the Donor for the same. The Donor additionally undertakes that the Donor solely will be responsible to follow up with the relevant NGO directly to know how his/her funds were/are being utilised.
- Star invites and recommends that the Donor carefully and independently consider, check and verify the credentials of the NGOs before making any Donations. All information on the promos telecast in the Program, on the Channel and/or this Star Website regarding the NGOs is provided solely by such NGO(s) and is true and accurate to the best of Star’s knowledge.
- Star is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, for any injury, mental trauma, etc caused to the Donor in any manner whatsoever or for any reason whatsoever in connection to the Donation, Payment Mechanism and/or the Campaign. The Donor(s) shall hold harmless the Channels, Star , AKPPL, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Donor(s), in any manner whatsoever in connection with the Campaign and/or the Donation and waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs, to the extent permissible under law.
- Each Donor in consideration of being given opportunity to make a donation towards the Campaign , agrees that the Donor shall hold harmless and indemnify the main sponsor, if any, Star, the Channel, AKPPL, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Donor, in any manner whatsoever in connection with the Campaign, Donation and/or any personal information submitted by the Donor whilst making a Donation and to the extent permissible under law waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
- Star shall not be responsible to pay for any taxes, duties, charges, license fees, insurance, levies etc. applicable under the laws of India, in relation to the Donations and the same, if applicable, shall be solely borne by the Donor.
- If required, the Donor agrees that he/she shall make himself/herself available from time to time and co-operate with Star and/or AKPPL to participate in any activity and/or campaign, (“Promotional Activity”) of any nature whatsoever which includes but is not limited to videos, pictures, interviews with the media etc, without any compensation payable to the Donor(s). Further, the Donor(s) shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Donor(s) agrees, allows, grants and permits Star to record and/or make footage of such Promotional Activity as specified herein on film, tape, or digital or other electronic media. In consideration of being afforded an opportunity to participate in the Campaign and make Donations, the Donor(s) agrees that the footage of any nature with regard to the Donor(s) shall vest with the Star and/or such other entity Star deems fit, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and Star may exploit the same in any manner and in any media whatsoever at any time throughout the world, without any consideration being payable to and/or being demanded by the Donor.
- Third Party Sites
- While making Donation(s) towards the Campaign, the Donor may be provided with opportunities, links or other opportunities to use certain sites, services, products, applications or content offered by or through Star's third-party providers, including but not limited to NGOs, Bank and ecommerce providers (collectively "Third-Party Services"). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. Star and/or AKPPL does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. Star and/or AKPL does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services. Donor agrees that the Donor is wholly responsible for making his/her own independent judgment regarding Donor’s user or interaction with Third-Party Services.
- The Donor(s) shall not do any act either directly or indirectly during such Promotional Activity which may bring Star and/or AKPPL into public disrepute or denigrate any of the preceding, or offend any community or public morals, or affect the business of Star and/or AKPPL and in all public appearances the Donor(s) shall use her/his judgment in general demeanor and choice of language to create an atmosphere which would be conducive to the services and/or promotion of the Campaign.
- Star reserves the right to forfeit any Donation made by a Donor in the event it is found by Star that any information provided by the Donor(s) is inaccurate, wrong, fraudulent or any misrepresentation is made by the Donor(s) and/or the Donor is in breach of any of the provisions of this Terms and Conditions.
- The Donor(s) shall do any and all acts and execute any and all documents in such manner and at such location as may be required by Star in its sole and absolute discretion to protect, perfect or enforce any of the rights granted or confirmed to Star herein.
- The Donor participating in the Campaign hereby acknowledges and agrees that the relationship between Star , AKPPL and its affiliated companies and the Donor is not a confidential, fiduciary or other special relationship.
- Donor acknowledges that in case any portion/clause of these Terms and Conditions is deemed invalid or becomes unenforceable or prohibited by the law of the country, such portions shall be considered divisible and shall not be part of the consideration, and the remainder of these Terms and Conditions shall be valid and binding and of like effect as though such provision was not included herein.
- Notwithstanding the conflict of laws principle, these Terms and Conditions shall be construed and governed in accordance with the laws of India and incase of any dispute or other matter arising in reference to the Campaign shall be referred to a sole arbitrator appointed by Star and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, and the proceedings shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Donor (s) who has raised the dispute. The arbitrator’s award shall be substantiated in writing and shall be binding on the Donor(s).
- Subject to the provision of Clause 21 above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the Act, including, without limitation, provision of interim relief’s under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at Mumbai, India.