Terms and Conditions

LAST UPDATED: OCTOBER 22TH, 2022

Please read these Terms of Use/Terms and Conditions carefully before using www.cherrityme.com (“Website / Platform / Site”) and mobile application for Android OS “CherrityMe”.

This Website and Mobile application is owned by CHERRY IT SOCIAL VENTURES PRIVATE LIMITED

(“CISV” / “Company”/ “Owner”) incorporated under Companies Act, 2013 having corporate office 252, 4th Floor, VK PRIDE, 14TH MAIN ROAD, Sector 7, HSR Layout, Bangalore, Karnataka, India, 560102

CISV is engaged in the cause of promoting fundraising for medical causes, creative, social, and charitable causes.

CISV is carrying out the fundraising business on the Platform under the brand name “CherrityMe”.

This Agreement shall bind the Campaigners, Funders, Visitors (“You” or “Users”) of this Site and CISV, CSV (and/or any of their respective affiliates) in a legally binding agreement. By using the service/s of the Platform in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you agree to be bound by this agreement.

www.cherrityme.com and mobile application for Android OS “CherrityMe” are an online platform connecting donors and donees. We do not provide any financial return in any form whatsoever, including but not limited to financial securities (debt or equity), interest, dividend, profit share, rewards in cash, to individuals who contribute on Platform. We are not providing any services that are akin to fund management or pooling of funds. Any contribution on the Platform by an individual, should not be construed as an investment in any form whatsoever. We further state that Platform is a commercial service provider that provides its services to connect donors and donees. The funds collected on the Platform are merely held by us in the capacity of nodal platforms / facilitators on behalf of

Campaigners and are not the final recipients of the funds. Further, the Platform does not

have or is not part of any definite cultural, economic, educational, religious or social program or Platform, on its own accord is raising funds for any such causes along with its affiliate below listed affiliates:

● Cherrity Social Ventures Inc. (USA based affiliate of CherrityMe, hereinafter referred as “CSV”) and its affiliate;

● Any other affiliates/designated NGO partners of CherrityMe

It is clarified that all references to 'he', 'his', 'him' and 'himself', in the context of the User, shall be deemed to include references to Users of the opposite gender as well as Users who are legal or non-natural entities. CISV or CSV may be referred as “we /us” under these terms of use.

Definitions:

Beneficiary: Person / entity to whose account the funds raised on the Campaign are transferred for its utilisation for the purpose of the Campaign;

Campaign: Fundraising campaign / in-kind donation campaigns initiated on the Platform;

Campaigner: User who initiates a fundraising campaign on the Platform to raise funds through crowdsourcing;

Donor / Funder: User who donates to any of the Campaigns listed on the Platform;

Materials: Original document(s), statement(s), interview(s), photograph(s), video(s) or any other likeness including any personal information including names, photos, video(s) and/or medical records relating to the Campaigner / Beneficiary and/or of the purpose of the Campaign;

Platform / Site: the web platform www.cherrityme.com and mobile application for Android OS “CherrityMe”

User: Person / entity that accesses /uses / visits the Site or avails the Services or creates a profile on the Platform or uses to make donation towards any of the Campaign.

1.1 CISV along with its various affiliates operates the Platform for providing below listed services (“Services”) to User/s.

● 1.1.1 Fundraising services Users looking for financial assistance for medical causes or for creative / innovative projects or charitable purposes run Campaigns on the Platform. Accordingly, Users can use the Platform in capacity of a) User seeking financial aid shall initiate fundraising campaign on Platform to raise funds (“Campaigner”) including but not limited to individuals, organizations, NGOs; b) User willing to donate shall donate towards any of the Campaign on the Platform (“Donor / Funder”); c) Users who are browsing the Platform “Visitors”.

● 1.1.2 The funds are collected on the Platform (under a fundraising campaign) through two (2) separate entities namely:

○ Cherry IT Social Ventures Pvt. Ltd. or any of its Indian affiliate – This entity collects and processes ONLY the Indian / INR contributions made on the Platform on any campaign and separately disburses the same to the Campaigner / beneficiary or towards the purpose of the Campaign;

○ Cherrity Social Ventures Inc. or any of its affiliate – This entity collects and processes ONLY USD or other currency contributions (other than made in INR) made on the Platform on any Campaign and separately disburses the same to the Campaigner / Beneficiary or towards the purpose of the Campaign;

○ The Indian funds and foreign funds on the Platform are collected, processed and disbursed separately and exclusively through above mentioned entities or their respective affiliates.

● 1.1.3 IG-KART services: Under these Services, Campaigner can start a fundraising campaign for in- kind donations on the for Products it needs and the Donor / Funder instead of donation in cash and support the Campaign by donating the Products listed on such Campaign. CISV or Trust shall procure the Products on behalf of the Donor and delivery them to Beneficiary on behalf of the Donor.

● 1.1.4 IG Medi-Buddy Gold Services: Under the purview of fundraising services provided to the User i.e. to Campaigner / Beneficiary for its medical treatment, Platform shall provide additional services of (i) online medical consultation (ii) assistance in filling insurance claims (iii) providing assistance / guidance, legal or otherwise if the insurance claims are rejected. We ,at CherrityMe strive to mitigate the hassles of our Users to bare minimum and thereby IG Medi-Buddy Gold Services are mandatory and integral part of the fundraising services availed by Campaigner/Beneficiary raising funds for their medical needs.

● 1.1.5 CISV and CSV tries its best to check the veracity of the Campaigns, its

purpose and the Campaigners / Beneficiaries before the release of funds / donations to Campaigner, however, we do not 100% guarantee that funds raised on campaigns shall be utilized for purpose of the campaigns. We assume no responsibility to verify whether the donations are used in accordance with any applicable laws, and such responsibility rests solely with the Campaigner. While we have no legal obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Use, we use our curated verification and safety measures with respect to the campaigns to curb the fraudulent activities and the misuse of funds raised. If You have reason to believe that a Campaigner is not raising or using the funds for their stated purpose, please use the 'Report' button on the Campaign to alert our team of this potential issue and we will investigate to the best of our abilities.

2.1. Through the Site, email, websites, and other media, various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, 'Content') is made accessible. Users may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ('Submit') Content. By creating a fundraising campaign on the Site, You as the Campaigner are offering the public the opportunity to enter into a contract with You. By funding a campaign on the Site, You as the Funders / Donors accept that offer and the contract between the Campaigner and the Funders. Neither www.cherrityme.com nor the Owners are party to that agreement between the Campaigner and Funders. All dealings are solely between Users.

2.2. Users will not Submit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. The Platform will not be responsible for such actions or conduct or any such Content which a User shares.

3.1. Users accept the Terms & conditions of the Platform and enters into a binding contract with CISV and CSV by:

● 3.1.1. creating an account on the Site;

● 3.1.2. signing up on the Site; and /or

● 3.1.3. making use of the feature of the Site or the Services available therein, You agree and acknowledge that You are eligible to contract with Us;

● 3.1.4. You have read the Terms of Use; and

● 3.1.5. You agree to be bound by the Terms of Use.

3.2. The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy (that can be found on the Site) mentioned in this document and all other operating rules, policies, and procedures that may be published on the Site, which are incorporated by reference and may be updated by the Platform without notice to you. In addition, some Services offered through the Site may be subject to additional terms and conditions adopted by the Platform. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

4.1. The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the Site and its services (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

5.1. You may view Content on the Site without registering, but as a condition of using

certain aspects of the Site, you may be required to by: (i) creating an account on the Site; (ii) signing up on the Site; and /or (ii) making use of the feature of the Site or the Services available therein. You may Register with the Site and create a User profile using a 'User ID' and password. The Site also allows you to use your Facebook profile as your login preference; however, the Site does not post or publish anything on your Facebook profile without your permission. Additionally, you shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or project name, any name or term that:

● 5.1.1. is the name of another person, with the intent to impersonate that person; or

● 5.1.2. is subject to any rights of another person, without appropriate authorization; or

● 5.1.3. is offensive, vulgar, or obscene; or

● 5.1.4. is in violation of any applicable law or contractual obligation;

● 5.1.5. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity

that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User's expressed permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.

5.2. You may deactivate your account at any time you desire, in which case Your profile information, including your name, contact details and profile picture uploaded by You, will be deleted from our database in ninety (90) days. You also understand and agree that though you may delete your account or some information from your account, the same may still appear in some online searches. Platform has no control over the search results that show up in such third party engines or websites.

6.1. The Site offers various payment gateways to facilitate transaction of funds for campaigns. However, it may be noted that the Site or the Company and CSV:

● 6.1.1. Are not the final recipients of any funds from the Funders directly, but a service provider, which enables receipt of funds (both domestic and foreign) by Campaigners, who are6.1. The Site offers various payment gateways to facilitate transaction of funds for campaigns. However, it may be noted that the Site or the Company and CSV:

● 6.1.1. Are not the final recipients of any funds from the Funders directly, but a service provider, which enables receipt of funds (both domestic and foreign) by Campaigners, who are the final recipient of funds raised on the Campaign.

● 6.1.2. Collects the funds in the Company (Indian funds) and/ or CSV (foreign funds) or its respective affiliate’s bank account till the Campaign is running for a time period chosen by the Campaigner (the standard Campaign period is one year, unless agreed to be extended by the Platform) and thereafter transfers the funds to the Beneficiary’s bank account during or after the Campaign's term has ended based on the instruction of the Campaigner or Beneficiary;

● 6.1.3. Does not generate contributions and Funders for a Campaign;

● 6.1.4. Does not guarantee that the target funds of a Campaign will be raised fully;

● 6.1.5. Does not offer the Platform to Users for investing in a project for the purpose of equity, loans/debt, or profit sharing;

● 6.1.6. Shall receive all contributions from Funder(s) (where the Funder is not an Indian citizen) via accounts or cards issued by the United States of America (“USA”) or other countries except for India in its registered bank account of Cherrity Social Ventures Inc. or its affiliate;

● 6.1.7. If you are an organization, eligible to issue tax deduction certificates to your donors, CISV will facilitate such activity on your behalf. However, it is your sole responsibility to ensure that you have the necessary approvals and certificates to issue such tax-deductible receipts to your donors. CISV will not have any liability, in any form whatsoever, in this regard. the final recipient of funds raised on the Campaign.

● 6.1.2. Collects the funds in the Company (Indian funds) and/ or CSV (foreign funds) or its respective affiliate’s bank account till the Campaign is running for a time period chosen by the Campaigner (the standard Campaign period is one year, unless agreed to be extended by the Platform) and thereafter transfers the funds to the Beneficiary’s bank account during or after the Campaign's term has ended based on the instruction of the Campaigner or Beneficiary;

● 6.1.3. Does not generate contributions and Funders for a Campaign;

● 6.1.4. Does not guarantee that the target funds of a Campaign will be raised fully;

● 6.1.5. Does not offer the Platform to Users for investing in a project for the purpose of equity, loans/debt, or profit sharing;

● 6.1.6. Shall receive all contributions from Funder(s) (where the Funder is not an Indian citizen) via accounts or cards issued by the United States of America (“USA”) or other countries except for India in its registered bank account of Cherrity Social Ventures Inc. or its affiliate;

● 6.1.7. If you are an organization, eligible to issue tax deduction certificates to your donors, CISV will facilitate such activity on your behalf. However, it is your sole responsibility to ensure that you have the necessary approvals and certificates to issue such tax-deductible receipts to your donors. CISV will not have any liability, in any form whatsoever, in this regard.

7.1. This section elaborates on raising funds for the in kind donations services enabled by Platform and is integral part of these Terms of Use of the Platform. 7.2. For the purposes of IG – KART services of the Platform:

● 7.2.1 Beneficiary(ies) shall mean and include all NGO, trusts, societies, individuals or any other persons who run Campaigns on Platform to procure donations in kind to meet the objectives of their charity. However, use of term “beneficiary” throughout the Terms of Use shall include reference to Beneficiary under this clause. Further, if the Campaigner is same as the beneficiary of the Campaign, reference to Beneficiary shall mean reference to Campaigner.

● 7.2.2 Campaign(s) shall mean and refer to various campaigns that run on Platform for raising donations or adequate support “in kind” for the

Beneficiaries. The Campaigns shall only be for a charitable purpose and shall not involve commercial activity or aims. However, use of term “campaign” throughout the Terms of Use shall include reference to Campaign under this clause.

● 7.2.3 Donor(s) shall mean the users of Platform who are desirous making donations for provision of Products towards the Campaigns for the benefit of Beneficiaries;

● 7.2.4 Product/s shall mean and refer to the specific material required by different Beneficiaries under their Campaigns and which can be selected by the Donor from Platform. The Products shall be purchased and donated by the CISV/ Trusts on behalf of the donor;

● 7.2.5 IG-KART Services shall mean services provided by Platform to Beneficiaries / Campaigner by facilitating connection between Beneficiaries, Trusts and Donors so that Donors can donate funds to deliver Products to the Beneficiary to meet the necessary objectives of charity. However, use of term “service” throughout the Terms of Use shall include reference to IG-KART Services under this clause;

● 7.2.6 Trust(s) shall mean the CherrityMe Foundation and/or such other charitable trust(s)/organisation(s) as may be on boarded from time to time by the Platform which are desirous of provision of Products for the Beneficiaries for the Campaigns.

7.3. Scope of IG-KART Services

● 7.3.1 Under IG – Kart services, Beneficiary/ries shall initiate Campaigns on the Platform for their need of Products/funds. Platform under its IG-KART Service shall enable Donors to choose the Campaign that they would like support and donate funds for delivery of Products listed on the Campaign. The Donors shall donate an amount equivalent to one unit of the Product (or in multiples) as Donor may desire which shall ultimately be delivered to the Beneficiary/ies. CISV by itself or through Trust shall procure the Products on behalf of the Donor and ultimately shall deliver them to Beneficiary/ries. The

Donors shall, at their sole discretion, select the Campaign of their choice towards which the Products they select will be supplied.

● 7.3.2 Upon donation, the Donor shall receive receipt acknowledging donation of specified amount for one/multiple units of the Products as listed on the Campaign. CISV or the Trust shall be custodians of the amount received under any IG-KART Campaign till the time the Products are actually delivered to the Beneficiaries.

● 7.3.3 Upon goal amount of the Campaign is met or significant amount for mass procurement of Products through donations is gathered or otherwise a request has been raised by Beneficiaries for the supply of Products, CISV or Trust shall purchase the Products from the amounts donated by Donors for the Campaign and deliver the same to the Beneficiaries.

● 7.3.4 When Products are ultimately supplied to the Beneficiaries by the CISV/Trust, an intimation of delivery of Products by way of electronic messages and e-mail alerts shall be sent to the Donors. Donors acknowledges and agrees that if for any unavoidable reason, such as (including but not limited to) shortage of goods or limited supply of Products or change in the requirement of the Beneficiaries, etc. the Products selected by the Donors are unavailable or not required by the Campaign, the CISV / Trust shall purchase Products of the same value or similar products and provide it to the Campaign selected by the Donor. For the avoidance of doubt, it is clarified that the CISV / Trust shall only be entitled to enforce discretion on the type of Products supplied which shall be in line with the description of the Product listed on the Campaign.

● 7.3.5 The Platform does its best to identify the veracity of the Campaign through its trust and safety team; however, CISV or Trust makes no representation with respect to the genuineness and information of the Beneficiaries and/or the Campaign and shall have no liability in respect thereof.

● 7.3.6 Donor, Campaigner and/or Beneficiary understands that the Products are merely purchased by CISV / Trust from third party vendors on “as is” basis, in line with the description mentioned on the Campaign; And the Platform, CISV or Trust does not take liability nor warranty for fitness, purpose, title, merchantability, accuracy, reliability, quality or of the Products and Donor or Campaigner and/or Beneficiary shall have claim against Platform or CISV or Trust.

● 7.3.7 Donor or Campaigner /or Beneficiary shall not dispute the price of the Products listed on the Campaign.

● 7.3.8 No IG- KART Service fee to Donors: It is clarified that the purchase of Products by the CISV / Trust (as may be applicable depending on opt in of the Donor) will be based on the principle of utmost good faith and CISV or Trust shall not charge any Service fee to the Donor for the IG-KART Services provided on the Platform.

● 7.3.9 IG- KART Service Fee to beneficiary / NGO: Platform may charge service fees along with the applicable taxes to the Campaigner / Beneficiary as mutually agreed between them.

● 7.3.10 For any Campaign under IG-KART services, only Indian funds can be raised, IG Kart services are not available for donation of foreign funds.

● 7.3.11 In the event the Campaign does not kick off or in case minimum donations are not received on the Campaign, Platform at its discretion shall utilise such funds against any other Campaign as it may deem fit.

● 7.3.12 CISV may hold-back funds received and subsequently inform law enforcement officials (instead of refunding/making the payment to Donor/Trust) if it deems in its sole discretion to be appropriate or expedient. CISV reserves the right to reverse or require the Trust to reverse payments or forfeit the Products at its sole discretion, including in the event of violation of these Terms of Use. No interest or other charges shall be due or payable on such reverses. Donor acknowledges that will not be liable for any damages, interests or claims etc. resulting from not processing such transactions / Products / funds / donations or from any delay in processing transactions/ Products / funds / donations.

● 7.3.13 The Trusts shall be eligible to grant certain tax exemptions to the Donors as per Section 80G of the Income Tax Act, 1961 read with applicable rules as may be amended from time to time. The donor would be required to provide the requisite details for claiming 80G donation within 24 hours of donation with the trust so as to ensure timely compliance with the relevant laws. The Trusts shall be solely liable to provide true and fair information about the certification that they have obtained from the tax authorities under the section mentioned herein. Further, if it is found that such certification has been obtained by unlawful means, Platform reserves the right to terminate the collaboration with relevant Trusts for IG-KART Services and shall have the authority to inform the authorities as may be required under law. If the relevant Trust has received such a certification as mentioned herein, Platform shall facilitate the provision of the same to the Donors. Provided however, Platform shall only facilitate this process and shall not be liable to provide any subsequent services to the Donors/Trusts regarding the same.

8.1. The User of this Platform by virtue of donations made to any of the Campaigns agree and provide consent to the Platform to contact via call and send notifications and/or updates / promotional messages with respect to the Campaign and the Platform on the phone number and email ID registered with the Platform.

8.2. The User of this Platform agree and acknowledge that all the calls made to you by the representative of the Platform shall be recorded for quality, checks and record purposes.

9.1. CONSENT

I, the Campaigner, hereby declare the following:

● 9.1.1. I, the Campaigner, agree to initiate the Campaign on the Platform at my/our free will, without any coercion and hereby authorise CISV/CSV, its affiliate/s with power and rights to carry out all the acts (including all the acts mentioned in this consent and in Terms of Use) in relation to collection and disbursement of funds raised on the Platform for the purpose of the Campaign;

● 9.1.2. I, the Campaigner, have read and understood the Terms of Use and Privacy Policy provided by CISV and CSV for the use of their platform to create a Campaign. I have been able to ask questions about the Platform and the Campaign and my participation in the same. I understand that to contribute to the success of the Campaign and to meet its objectives, it is important for CISV and CSV to collect the Materials [original document(s), statement(s), interview(s), photograph(s), video(s) or any other likeness including any personal information including names, photos, videos) and/or medical records] from me and if required publish it on Platform and other social media sites;

● 9.1.3. I, the Campaigner have authorized CISV & CSV to make such efforts as may be required for increasing the outreach of the Campaign across all physical and online / digital media including by way of dissemination of Materials to prospective donors to the Campaign and/or on its Platform.

● 9.1.4. I, the Campaigner, state that I have been informed that Indian funds raised on the campaign shall be collected in the bank account of Cherry IT Social Ventures Pvt. Ltd. or its Indian affiliate and foreign funds (if any) raised on the campaign shall be collected in the bank account of Cherrity Social Ventures Inc. or its affiliate and shall be processed separately by respective entity; and I hereby authorize Cherry IT Social Ventures Pvt. Ltd. and Cherrity Social Ventures Inc. and their respective affiliates (if needed) to do the needful to collect and disburse funds raised on the campaign including seeking

required information, documents, consents, NOCs to facilitate the fundraising on the Platform and to carry out the other obligations as mentioned herein / Terms of Use. Further, I/ we shall ensure the consent of Beneficiary with respect to the above referred acts in favour of CISV and/or CSV;

● 9.1.5. I, the Campaigner, fully understand and shall convey the Beneficiary that the Campaign may not provide the full amount required for the purposes of Patient’s treatment and agree to pay any (balance) dues to the hospital and/or any other expenses in relation to the treatment, including but not limited to pharmacy bills, food and housekeeping expenses;

● 9.1.6. I, the Campaigner, agree that my participation in the Campaign and the consent granted herein are voluntary and Beneficiary has no objection towards it. I have been clearly informed by CISV and CSV that in the case that any one of the hospital or the patient (and/or Patient’s legal guardian) wish to

terminate this Campaign at any time, they may notify the assigned campaign manager or PoC (point of contact) and that the Campaign will be terminated within 24 (twenty-four) hours of receipt of such notice;

● 9.1.7. I, the Campaigner, fully understand that as per the CherrityMe policy if the funds transferred to the hospital for the purpose of the Campaign remain in excess with the hospital, it shall refund such excess funds back to CISV (Indian Funds) and / or CSV (foreign funds) as the case may be and shall not be transferred to Beneficiary’s personal account.

● 9.1.8. I, the Campaigner, have authorized CISV, CSV along with their affiliate/s to make such efforts as may be required for increasing the outreach of the Campaign across all physical and online / digital media including by way of dissemination of Materials to prospective donors to the Campaign and/or on its platform;

● 9.1.9. I, the Campaigner, fully understand and shall convey to the Beneficiary that any additional funds remaining after fulfilment of the purpose of my Campaign, such additional funds (Indian or foreign) shall be utilised by CISV (for Indian funds) or CSV (foreign funds) separately and individually at its own accord towards other Campaigns on the Platform to treat another patient in need or for any other purposes at its sole discretion.

● 9.1.10. I, the Campaigner, fully understand and declare that I, the recipient of the funds raised on the Campaign, and/or the Beneficiary of the Campaign and/or the person in whose account the funds raised on the Campaign shall be transferred am/is not a prohibited person under section 3 (1) Foreign Contributions Regulation Act, 2010 and amendments thereto (“FCRA”) as mentioned below:

● 9.1.11 No foreign contribution shall be accepted by any:

■ candidate for election;

■ correspondent, columnist, cartoonist, editor, owner, printer or publisher of a registered newspaper;

■ Judge, Government servant or employee of any corporation or any other body controlled or owned by the Government;

■ member of any Legislature;

■ political party or office-bearer thereof;

■ organisation of a political nature as may be specified under sub-section (1) of section 5 by the Central Government;

■ association or company engaged in the production or broadcast of audio news or audio visual news or current affairs programmes through any electronic mode, or any other electronic form as defined in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000) or any other mode of mass communication;

■ correspondent or columnist, cartoonist, editor, owner of the association or company referred to in clause (g).

● or falls under exception to FCRA applicability.

● 9.1.12 I, Campaigner, fully understand and declare that I, the recipient of the funds raised on the Campaign, and/or the Beneficiary of the Campaign and/or the person in whose account the funds raised on the Campaign shall be transferred am/is not prohibited to receive foreign funds for any reason whatsoever under FCRA.

● 9.1.13.Commercials: CISV and CSV has informed me Platform service fee for the Campaign along with other applicable charges that are levied on the funds raised through the Campaign, the details of which are detailed on www.cherrityme.com/ Further, I, the Campaigner is informed that the fees charged by CISV and/or CSV and the services offered by may be negotiated between Campaigner and CherrityMe and/ or CSV either verbally or in writing.

● 9.1.14.I, the Campaigner agree and hereby give consent to availing the Services listed in clause 1 above.

● 9.1.15. I, the Campaigner, agree and understand that recipients of the foreign funds (Campaigner, beneficiary or any other individual or organization) raised on the Campaign will have obligations to comply with foreign exchange rules under Foreign Exchange Management Act, 2000 (“FEMA”) and the RBI regulations with respect to fundraising as may be applicable.

● 9.1.16. Upon Campaigner initiating the Campaign on the Platform, if CISV and/or CSV by itself or through any of its affiliate, sister concerns, NGO Partners or collaborators fulfills the entire fundraising requirement (purpose of the Campaign) of the such Campaigner/Beneficiary for which the fundraising campaign was initiated on the Platform, in such an event CISV and/or CSV shall have the right to use the funds raised on the Campaign of the such Campaigner for the benefit of another fundraising campaign to maximize the social impact and help another person/s / cause in need of financial assistance.

9.2. Compliance with Terms and Condition

In relation to the Campaign, I, the undersigned Campaigner hereby agree and undertake that:

● 9.2.1. I, the Campaigner, hereby authorize Cherry IT Social Ventures Pvt. Ltd. and Cherrity Social Ventures Inc. (foreign affiliate of CherrityMe) and their respective affiliates (if needed) to do the needful to collect and disburse funds raised on the Campaign including seeking required information, documents, consents, NOCs to facilitate the fundraising on www.cherrityme.com and to carry out the other obligations as mentioned herein / Terms of Use;

● 9.2.2. I, the Campaigner hereby authorize CISV / CSV and its affiliate/s to collect and its affiliate/s to use original document(s), statement(s), interview(s), photograph(s), video(s) or any other likeness including any personal information including names, photos, videos) and/or medical records (the “Materials”) relating to the Patient. All Materials and/or any other information

provided in relation to Patient’s prescribed treatment and financial standing are true, accurate, authentic and credible and accompanied by estimates of the expenses, for the above treatment, on the letterhead of the hospital;

● 9.2.3. In the event of any discrepancy found with any Materials and/or other information as described above, CISV or CSV and/or the hospital shall have the right to immediately terminate the Campaign and refund all donations to the respective donors;

● 9.2.4. In case of medical Campaigns,CISV or CSV and / or its affiliate/s will only be liable to transfer funds raised in the Campaign solely to the hospital’s bank account upon the admission of the Patient and not to any other recipients;

● 9.2.5. However, in case of funds of any Campaign are not transferred directly into the hospital’s bank account, in such cases, the fund transfer process shall be carried out as per the Standard Operation Process (SOP) set out by CISV and/ CSV. CISV or CSV shall be the safe custodian of the funds raised through the Campaign for the patients and shall assure that funds are transferred safely as per the SOP. The integrity, efficiency, and monitoring of the flow of funds are ensured by CISV and/or CSV as per the SOP.

● 9.2.6. I, the Campaigner have no claims over any funds in excess of the target set out in the Campaign and CISV and/or CSV shall have the right to utilise such funds towards other campaigns or for any other purposes as CherrityMe deems fit;

● 9.2.7. I the Campaigner acknowledge that in case the funds raised on the Campaign remain unutilized due to the demise of the patient, in such a case the decision towards the utilization of funds lies with CISV and/or CSV.

● 9.2.8. If it is found that the patient is already insured under any insurance policy and bills are to be paid or already paid by the said insurance company, only the bills/expense unpaid by the insurance company shall be paid through the funds raised on the Campaign; all the funds in excess of bills/expenses paid for the medical treatment shall be used for helping other patients in need or for any other purposes as CISV and/ or CSV deems fit;

● 9.2.9. The efforts by CherrityMe are only limited to increasing outreach of the Campaign, and that CISV and CSV does not guarantee the success of such Campaign or fulfilment of targets set out therein;

● 9.2.10 CISV and/or CSV and / its affiliate/s shall only be liable to transfer funds towards the medical treatment of the Patient upon a satisfactory verification by it of photo identity proof (such as Aadhaar Card or any other KYC / verification document) that matches with the photos and medical documents submitted by Patient (or Patient’s legal guardian, as the case may be) for the purposes of the Campaign. Further such fund transfer shall be limited to payments / reimbursements of the medical expenses evidenced by the documentary proofs of expense such as hospital bills, chemist bills etc. (which is duly verified & accepted by CISV and/or CSV)). I, the Campaigner, agree that remaining funds, in excess of the expenses paid to the Patient shall be used

by CISV and/or CSV towards the treatment of the other patients or for any other purposes on its own discretion;

● 9.2.11 I, the Campaigner, hereby authorize and assure the authorisation by Patient, Patient’s family and/or account holder (in whose account the funds raised on the Campaign will be transferred) to CISV and/or CSV, its affiliate and third parties contracted by it to process KYC documents of me and of Patient and/or such account holder (on their behalf) for verification and processing for the purpose of the campaign; if necessary, I shall arrange for the execution of consent document in specific respect hereof (as may be provided by CISV and/or CSV) by Patient/ Patient’s family and/or account holder (in whose account the funds raised on the Campaign will be transferred).

● 9.2.12. I, the Campaigner, undertake that I / Beneficiary does not fall under the list of prohibited persons under section 3 (i) of FCRA (or falls under exception to FCRA applicability). Further, the funds raised under the Campaign shall be utilized for the personal cause and do not fall under any definite cultural, economic, educational, religious or social program as referred under FCRA;

● 9.2.13 I, the Campaigner, undertake that the funds raised under the Campaign shall be utilized for the personal cause and do not fall under any definite cultural, economic, educational, religious or social program as referred under FCRA.

● 9.2.14 I, the Campaigner, undertake that if I / Beneficiary falls under the ambit of FCRA, he/she shall be required to possess an FCRA approved account with State Bank of India, New Delhi, main branch or has required authorization from the Ministry of Home Affairs;

● 9.2.15. I, the Campaigner undertake and agree that upon choosing CherrityMe as fundraising platform, I shall not fundraise with any other organization other than the Platform and understand if found otherwise, CISV and/or CSV shall terminate the Campaign immediately and shall subject me to monetary penalties by CISV and/or CSV. Further, the monies raised through

the Campaign shall not be transferred to the benefit of the Patient and may be refunded to the donors;

● 9.2.16. I, the Campaigner, hereby release CISV and/or CSV, its licensees, successors and assigns, from all liability and claims of any nature whatsoever with regards to the non-commencement of treatment, incomplete treatment or stopping of treatment due to any reason, including the demise of the Patient during the course of the treatment. In such an event, I hereby give my consent to CISV and/or CSV the right to utilise the funds raised on the campaign(s) of the patient towards the treatment of any other patient as per its discretion;

● 9.2.17. I, the Campaigner agree and understand that the fund transfer may be delayed due to any reasons (including but not limited to incomplete KYC submission by Campaigner to CISV and/or CSV, any delay from banks, any technical errors or issues etc.), in such an event I, or Patient or anyone related

to Patient shall not held CISV and/or CSV liable in respect thereof or file any claim or suit against CISV and / or CSV, its founders, directors, licensees, employees, agents or anyone related to CherrityMe.

● 9.2.18. In addition to the fundraising campaign on the Platform, if additional funding is received by the Campaigner from any other source including but not limited to any non-governmental organization (NGO), from an individual or corporate donor, or Government authority, or Government relief schemes etc. (hereinafter referred to as “Other Sources”) for the purpose of the campaign (in medical case, for the treatment of the Patient), Campaigner shall ensure that such additional funding from Other Sources will be utilized for the purpose of the campaign and by virtue of such additional funding, the excess funds (as the purpose is partially/fully fulfilled through Other Sources) that are remaining / pending on the campaign through Platform shall then be utilized by CISV and/or CSV towards any other fundraising campaign on the Platform or for any similar causes, at the discretion of CISV and/or CSV. If additional funding from Other Sources (that partially/fully serves the purpose of the campaign) is received after CISV and/or CSV have transferred the funds to Campaigner / beneficiary /towards the purpose of the campaign, CISV and/or CSV shall have the right to ask refund of such excess transferred funds; Campaigner acknowledges and understands that recipient of the funds is liable to refund the same to CISV and/or CSV and shall ensure the same.

● 9.2.19. If the funds raised on the Campaign through the Platform are already (fully/partially) transferred by CISV and/or CSV to the hospital where the patient is being treated and the hospital has received any additional funding from any Other Sources for the treatment of patient, in such case the hospital shall immediately inform CISV and/or CSV of the receipt of such additional funding and thereafter shall refund the excess funds to CISV (Indian Funds) and/or CSV (foreign funds). CISV and CSV may then as per their sole discretion utilize the excess funds for any other campaign raising funds on the Platform or for any other patient in need, as CISV and CSV may deem fit.

● 9.2.20. In the event due to any exceptional reasons, the funds raised on the Campaign through the Platform are transferred by CISV and/or CSV to the personal account of the Campaigner/ Beneficiary and the Campaigner has received or receives any additional funding from any Other Sources for the purpose of the campaign or treatment the patient (medical case), in such a case, the Campaigner shall immediately inform CISV and/or CSV of such additional funding and refund the excess funds to CISV (Indian Funds) and/or CSV (foreign funds). CISV and CSV may then as per their sole discretion utilize the excess funds for any other campaign raising funds on the Platform or for any other patient in need, as CISV and CSV may deem fit.

● 9.2.21. I, the Campaigner, understand that this undertaking is given without expiration, and future uses do not require additional permission;

● 9.2.22. I, the Campaigner, agree that I shall abide by the terms and conditions of these Consent Terms and any breach thereof shall subject me to penalties

by CISV and/or CSV;

● 9.2.23. I, the Campaigner, understand that all the data that is created/ accumulated during the Campaign (including donor data) is strictly confidential in nature (“Confidential Information”). The access to such Confidential Information shall only be limited to the purpose of the Campaign and I shall not store and/or transmit and/or use and/or manipulate the same for any personal or commercial gain;

● 9.2.24. I, the Campaigner agree and understand that CISV and/or CSV and its affiliate may collaborate with one or more associate entities, NGO partners etc. in order to enable more benefits or exemptions to Funders and/ or Campaigners; I, the Campaigner, have read / listened to and fully understood the contents of this Form and, hereby, I consent to and permit the above.

The terms of this consent, declaration and release may vary depending on the type of campaign initiated on the Platform.

9.3. Exclusivity

● 9.3.1. The Campaigner shall not, directly or indirectly, run or be associated with any other fundraising campaigns on any other platform, or directly or indirectly, run an independent or separate fundraising campaign at any time during the period the Campaigner is fundraising on the Site.

● 9.3.2. The Campaigner shall be liable for any and all damages or losses, including indirect or consequential damages or losses, arising from or in relation to the breach of the above exclusivity clause and the Campaigner agrees to indemnify and hold the Company / Owner harmless in case of any such damages or losses.

9.4. Project submission and evaluation

● 9.4.1. Campaigners have to go through a free mandatory evaluation process in order to get selected by the Site for the purpose of hosting their campaign and raising funds. The mandatory questions on the evaluation form have to be filled before a Campaigner can be reviewed. Project details submitted in the evaluation form are kept confidential within the Company, however CISV and/or CSV does not ensure that it would prevent any leakage of information outside.

9.5. Campaign approval or rejection

● 9.5.1. CISV and/or CSV follows proprietary guidelines and criteria while selecting a campaign/project for the purpose of raising funds on the Site. Only those Campaigners, whose projects are approved by the CISV and/or CSV, are allowed to raise funds on the Site by running their campaigns. CISV and/or CSV reserves the right to select or approve a campaign as per these guidelines and also reserves the right to communicate or not communicate the

reasons for rejection. Approved Campaigners have to adhere to the Fee Structure as set out below before going ahead to create and run their campaigns.

9.6. Fee Structure

The Campaigner agrees to pay CISV and/or CSV the following fees in relation to the Campaigner’s fundraising campaign(s):

● 9.6.1. The User in the capacity of Campaigner or Funder understands that the funds donated on any campaign are collected and disbursed separately depending on whether such funds are Indian or foreign. All funds donated through INR currency shall be collected in the bank account of Cherry IT Social Ventures Pvt. Ltd or its Indian affiliate entity; and all funds donated through USD or any other foreign currency shall be collected in the bank account of Cherrity Social Ventures Inc. or its affiliate entity. Such respective entities shall then disburse the funds separately towards the purpose of the campaign.

● 9.6.2. The platform fees applicable to a specific campaign are based on the total amount of funds raised at the end of your campaign and may change from time to time. At the moment, the platform fee is 0%. GST and other taxes / levies, if any, shall be payable on this amount at the rates applicable as on the date of campaign settlement as mentioned in the clause below.

● 9.6.3.Payment processing, support and administrative fee and other taxes / levies:

○ 9.6.3.1 For Indian funds: 3% payment processing, support and administrative fee + GST along with any other applicable taxes (if any) at prevailing rates (on the date of deduction of payment processing, support and administrative fee) on all Indian Transactions;

○ 9.6.3.2 For foreign funds (USD): 3% payment processing, support and administrative fee + $0.30 per transaction + bank wire charges of 40$ per remittance will be charged on all USD transactions;

○ 9.6.3.3 For foreign funds (other than USD) 4% payment processing, support and administrative fee + $0.30 + bank wire charges of 40$ per remittance will be charged on all internal transactions other than in USD

● 9.6.4.Fees towards Digital Marketing, Content, Video, PR or other services:

○ 9.6.4.1 These are optional services which shall be charged as per platform on which the services are executed. GST and other taxes, if any, shall be payable on this amount at the rates applicable as on the date of payment. Campaigner will have to fund these expenses in advance or the Company may deduct fees on settlement of the campaign.

● 9.6.5. Further, the Platform charges by CISV and/or CSV and the services offered by may be negotiated between Campaigner and CISV and/or CSV

either verbally or in writing.

● 9.6.6. The above charges are non-refundable and non-negotiable under any circumstances.

10.1. Campaigners are solely responsible for creating their own campaign pages within the format provided by the Site. Campaigners must source all relevant content including text, images, and videos themselves. You further agree that your content or any other submission will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Site all of the license rights granted herein. You will pay all royalties and other amounts owed to any person or entity based on your submitting content to the Site or the Company's publishing or hosting of the content as contemplated by these Terms of Use. The use or other exploitation of content by the Company and Users as contemplated by this agreement will not infringe or violate the rights of any third party. Furthermore, all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated. The Company will not be liable for any errors or omissions in any content. The Company cannot guarantee the identity of any other Users with whom you may interact while using the Site. All content you access through the Site is at your own risk and you will be solely responsible for any resulting damage or loss to any party. No campaign with the Site can launch without the approval of all the campaign page elements i.e., the pitch video, pledge content, images, team bios etc. The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your content. Company / Owner feedback to change the elements, if given to the Campaigner, must be implemented by the Campaigner. Company holds the right to disallow unsatisfactory campaigns from going live on our platform.

10.2.Campaign target & timeline

● 10.2.1. The Campaigner is not allowed to change the funding goal and/or time

period, after his campaign has one live and made available to public on the Site.

● 10.2.2. Site does not guarantee in any way whatsoever the amount of potential contributions that could be received by any campaign.

● 10.2.3. Every campaign has a funding goal and only up to 365 days to reach this funding goal.

● 10.2.4. Once the funds required for a particular cause have been received in full, Campaigners will not be allowed to raise separate new fundraiser for the same cause.

12.1. The Campaigner hereby agrees to grant the Company / Site unrestricted and unconditional access to the Campaigner’s contacts database (including email addresses, phone number, address, virtual profile handles, virtual profile address, virtual profile link, etc.) and permits the Company / Site, in perpetuity, to retain, save, access and reach out to all such persons / entities forming part of the Campaigner’s contacts database for the Campaigner’s campaign as well as for any and all future campaigns launched on the Site whether or not such campaigns are related to the Campaigner. It is clarified that the Campaigner shall share such Campaigner’s contacts database with the Company / Site as part of formulating its Campaign.

13.1. The Campaigners are provided with information about their Funders in the analytics section of the Campaigner profile. In order to enable total transparency of funds, Campaigners can access information about funds collected through real time emails for every funding. However, the Company / Site is not liable for incorrect Funder information provided by Funders. Campaigner must connect with Funders directly, without involving the Site or the Company, to get any other information other than contacts details or other than the details of the Funders provided by the Company / Site to the Campaigner.

13.2. It is clarified that if at any point in time, You believe that the Campaigner is not raising or using the funds for its stated purpose, You may file a complaint by using the button “Report” on the Platform and alert our team regarding potential fraud or malpractices. Upon receipt of such a complaint, our team shall investigate the matter to the best of our abilities and the outcome of the same shall be updated on our Site.

14.1. You, as a Campaigner, shall be required to register yourself with the Company and provide the Company with all the necessary information as may be deemed by the Company from time to time including but not limited to Aadhar card details, banking details / income tax details such as PAN and registration certificates under various provisions and laws, etc. Further, fulfill the commitments made to the Funder in the manner as detailed in the campaign and in a timely manner. The Company may seek information regarding the use of the funds raised by the Campaigner even after the campaign has ended and provide the details to the Funders.

14.2. If for any reason there is a chargeback on a transaction/donation to the Company and if the funds are already transferred by the Company to the Campaigner/beneficiary the Campaigner/beneficiary will be liable to refund the amount that has been charged back to the Company.

14.3. If a transaction is found to be fraudulent after the amount has been transferred to the Campaigner/beneficiary by the Company, the Campaigner/beneficiary will be liable to refund the amount to the Company, failing to which the Company shall have the right to initiate the legal proceeding against the Campaigner/beneficiary.

14.4. If the Company / Site finds any suspicious activity with a particular campaign / campaigner, the Company may at its sole discretion immediately suspend the fundraiser and refund all transactions associated with it, if found fraudulent in any manner. The company may also lodge an official complaint with the Cyber Security Cell against the campaigner in such a case.

16.1. All foreign contributions / donations shall be required to be made in strict compliance with applicable Indian laws. The Campaigner represents and warrants that it is aware of the Foreign Contribution Regulation Act, 2010 (“FCRA”) and its contents and is seeking contributions in full compliance with the said act. Campaigner further warrants that he or the beneficiary (to whose benefit the funds

shall be utilised) is not a prohibited person under section 3 (i) of FCRA (or falls under exception to FCRA applicability).

16.2. If the Campaigner is a non-governmental organization and / or is raising funds for “definite cultural, economic, educational, religious or social program” as defined under FCRA, will be mandatorily required to possess an FCRA registration along with designated FCRA bank account with SBI, New Delhi branch, in order to receive foreign funds raised on the campaign.

16.3. Recipients of the foreign funds (Campaigner, Beneficiary or any other individual or organization) raised on the campaign will have an obligations to comply with foreign exchange rules under Foreign Exchange Management Act, 2000 (“FEMA”)

and the RBI regulations with respect to fundraising as may be applicable. Any failure to do so may result in cancellation of fundraiser, and refund of donations, to the cancelled fundraiser, to respective donors.

16.4. In case of contributions received outside India, Recipients (Campaigner, Beneficiary of campaigns, whether individuals, associations, nonprofits, social enterprises, hospitals, companies, or organizations) agree that they have the necessary regulatory permissions to receive such funds. Such permissions include but are not limited to FCRA, and/or FEMA and/or and others relevant regulations amended from time to time by Indian central government, state government and other regulatory authorities.

16.5. It may be note that in accordance with the prevailing FCRA terms, the following persons cannot receive foreign contributions;

● 16.5.1. candidates for election

● 16.5.2. correspondents, columnists, cartoonists, editors, owners, printers or publishers of registered newspapers

● 16.5.3. judges, government servants, or employees of any corporation or any other body controlled or owned by the government

● 16.5.4. members of any legislature

● 16.5.5. political parties or their office bearers

● 16.5.6. organisations of political nature, as may be specified by the central government

● 16.5.7. associations or companies engaged in the production or broadcast of audio news, audio visual news, or current affairs programmes through any electronic mode or any other mode of mass communication;

● 16.5.8. correspondents or columnists, cartoonists, editors, or owners of associations or companies referred in the clause above.

This list may be amended from time to time in accordance with regulatory and statutory actions, and such amendment shall apply to Recipients with immediate effect from such regulatory or statutory action.

16.6. All recipients who receive foreign funds must comply with FCRA guidelines by applying for an FCRA certificate and inform the Central Government in Form FC-1 within thirty days from the date of receipt of such contribution whenever applicable. This form is available on the website of the FCRA website.https://fcraonline.nic.in/FC1.aspx . All recipients additionally agree that any foreign contribution received cannot be transferred to any other person, with “person” defined as per the FCRA act.

16.7. The recipients acknowledge and agree that CSV (intermediary that receives foreign funds on the Platform) does not verify this information and it’s the responsibility of the recipient to procure the necessary approvals and do the necessary compliances before they withdraw the foreign funds received on the campaign. By asking to withdraw the foreign funds it's understood by CSV that the recipient has completed the necessary compliances as per the FCRA or FEMA guidelines and rules.

16.8. You shall indemnify, defend at CISV and CSV option, and hold CISV and/or or CSV, its parent companies, subsidiaries, affiliates, associated nonprofit entities, and their promoters, directors, investors, officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of violation of these Terms incl. any violation of FCRA, and/or FEMA. The indemnities if any shall survive beyond the period of the Agreement.

17.1. Campaigners must bear any and all tax liabilities on the funds raised through the Site. These taxes may include, but are not limited to, income tax, VAT, service tax and GST international taxes, charges levies applicable on the funds raised or on the procurement of rewards. CISV / CSV Site is not liable to provide any tax or legal

advice to Campaigners. Information provided in FAQs are only a guideline and subject to change without notice.

17.2. The minimum amount that can be donated/contributed for Indian donations is INR 200 via debit / credit card. Through other methods, the minimum amount is INR 1. The minimum amount that can be donated/contributed through the Platform for foreign donations via debit / credit card are as follows:

● for United Arab Emirates – Minimum of AED 20

● for Hong Kong – Minimum of HKD 50

● for all other countries – Minimum amount equivalent to INR 1000

17.3. If you are an organization eligible to issue tax deduction certificates under Section 80G of Income Tax Act, 1961 to your donors who made contributions in Indian Rupees, the company will facilitate the process through its proprietary software application on your behalf. However, it is your sole responsibility to ensure that you have the necessary approvals and certificates to issue such tax-deductible receipts to your donors. The Company will not have any liability, in any form whatsoever, in this regard.

18.1. The Campaigner must use the funds collected through the Site solely for the project described in their fundraising campaign. Campaigners shall be liable to legal prosecution by Funders and/or Company / Owner (jointly and severally) if they are found to be using funds for any purpose other than that specified at the time of raising the funds, or other inappropriate purposes. The Site can discontinue/suspend the campaign if it gets any notification of misuse of funds or use of funds for another purpose other than the stated creative project at any time of the campaign, without any notice or discussion to the campaign owner at the Company's sole discretion.

18.2. Campaigner are solely responsible for utilizing the funds for the purpose mentioned in our fund-raising page. CISV and/or CSV or their respective affiliates is not responsible in any way whatsoever towards the end utilization of funds. In accordance to the Prevention of Terrorism Act, 2002 and all subsequent regulations pursuant to this Act, the Campaigner/beneficiary will assure that the amount received from CISV and/or CSV is not made available as, either directly or indirectly to fund any act of terrorism. Where the Campaigner/beneficiary, or any person acting on their behalf, breaches any of the provision of the Prevention of Terrorism Act, 2002 or of any such regulation CISV and/or CSV shall have the right to terminate the Contract with immediate effect and recover from the Campaigner/beneficiary the amount transferred. Further, the Company shall take such necessary actions as may be required under the applicable law including filing a criminal complaint against the concerned Campaigner/ beneficiary.

19.1. The Site comply with the Anti-Money Laundering (AML) guidelines established by the Reserve Bank of India, vide it's circular RPCD.RRB.RCB.AML.BC.No.02/07.51.018/2014-15 on 1 July, 2014 and updated from time to time.

Every recipient (campaign organisers on the Site) has to verify his/her identity per the Know Your Customer (KYC) in the guidelines. This will include verification of registered mobile number via a One Time Password (OTP), and one of the identification documents viz. Permanent Account Number, Aadhar Card Number, Passport etc. recognised by the Reserve Bank of India. The list of such registered documents will be updated on the Site, at its sole discretion, from time to time.

20.1. The verification will be essential to withdraw funds from the Site, and may be asked by the Site, at its sole discretion, during the course of a campaign. Failure to comply, may result in cancellation of a fundraising campaign, and funds may be returned to donors in such a scenario.

20.2. Your location as reflected on your Campaign page must match your legal residence that you submit to the Site when you create a withdrawal request. Campaigners may not create multiple Campaigns without proof of meeting fulfilment obligations from the original Campaign. Failure to adequately fulfill Campaign obligations may result in the Site removing the Campaign(s) and seeking reimbursement of Campaign funds raised, including by using third-party collections services. Only the Campaigners shall be permitted to collect Campaign funds.

20.3. Campaigners are responsible for collecting and remitting any taxes on

Contributions, and any taxes due in connection with Campaigners may not use a false email address to self-fund, or contribute to, their own Campaigns; this is a violation of our policies and of our Terms of Use

20.4. CISV and/or CSV may attempt to verify the identity and other information provided to us by Campaigners, and we may delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Campaigner’s eligibility is subject to the CISV and/or CSV's review of the fulfilment status of prior fundraising obligations.

20.5. Tax authorities may classify funds raised on the Site as taxable income to the Campaigners and any beneficiary who will receive funds directly from the applicable Campaign. The Site will ask for the personal account number / tax identification number (PAN) of Campaigners and any beneficiaries so that we may report taxable income to the relevant taxing authorities.

20.6. For contributors on the Site, only standard channels of payment - verified credit or debit cards, net banking, wallets, cheque, or cash (upto limits allowed by the RBI or Income Tax) - will be allowed. In case of cash payments, all payments above thresholds set by RBI or Income Tax will have to be furnished with the Permanent Account Number of the contributor. Cash payments are accepted for Indian residents only.

21.1. While Campaigners have full project ownership and the right to complete it, they are accountable and obliged to finish the project by the deadline they have set. Campaigners must also keep the Funders updated about the work in progress in case of delays to avoid Funder dissatisfaction.

21.2. CISV and/or CSV or the Site does not make any claims or guarantees on behalf of the Campaigner regarding the completion of the project and usage of the funds raised solely for the purpose of the project.

21.3. Similarly, CISV and/or CSV or the Site does not take any responsibility for making sure that the project for which the funds are raised through its Site is completed and made available to the Funders. The Funders are free to get in touch

with the Campaigners directly and solving any dispute that arises regarding the campaign or the project.

22.1. Campaigners may provide certain rewards to Funders in exchange for their funding depending on case to case. These rewards cannot, under any circumstances, be financial in nature (e.g., interest on funding amount, ownership/equity stake, revenue/profit share).

22.2. Campaigners are solely responsible for the procurement and delivery of rewards to Funders and must meet the rewards delivery date specified by them on the campaign page.

22.3. Company / Owner / Site will not be resulting responsible for any liabilities from Funders' dissatisfaction with rewards fulfilment.

23.1. Campaigners must include CISV and/or CSV / Site logo branding on all project and/or campaign related marketing collaterals, whether online or offline (e.g., online banners, offline flyers) as per CISV and/or CSV / Site brand and logo guidelines.

24.1. Notwithstanding anything set out herein, the CISV and/or CSV reserves the right, at its sole discretion, to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. Company / Owner is not liable for any damages as a result of any of those actions. Company / Owner may or may not comment on the reasons for such action.

25.1. The Company shall have the right to:

● 25.1.1 make changes in its technology platform or services, at its sole discretion, at any time, without notice or liability;

● 25.1.2 decide who’s eligible to use the services offered;

● 25.1.3 cancel accounts or decline to offer our services;

● 25.1.4 change our eligibility criteria at any time;

● 25.1.5 cancel any funding to any project, at any time and for any reason; and

● 25.1.6 reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.

25.2. The Company will not have any ownership rights over your User Submissions and Content. However, the Company will get the license to perform and market the Site on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to):

● 25.2.1 use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the 'Trademarks') in connection with

■ the Site,

■ the Company (and its successors' and assigns') businesses,

■ promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third-party websites);

■ take whatever other action is required to perform and market the Service;

■ allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and

25.2.2 use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.

25.3. The Campaigner agrees and grants the Company the right to use all the visual

and text-based content (digital or non-digital) submitted by the Campaigner for his campaign(s), for the purpose of branding and marketing activities of the platform/ the Company. Notwithstanding anything in this Agreement, the Campaigner agrees to grant the Company an exclusive, perpetual, irrevocable rights and license, on worldwide basis, to monetize the Campaigner's project pitch video(s) through any means or medium deemed for by the Company, including various digital platforms such as Vimeo, YouTube etc.

25.4. The Company strictly adheres to obligations of an intermediary under Rule 3 Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 with reference to due diligence by an intermediary.

● 25.4.1. The User understands that he shall not (on the Platform) host, display, upload, modify, publish, transmit, store, update or share any information that: ○ 25.4.1.1. belongs to another person and to which the user does not have any right;

○ 25.4.1.2. is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

○ 25.4.1.3. is harmful to child;

○ 25.4.1.4. infringes any patent, trademark, copyright or other proprietary rights;

○ 25.4.1.5. violates any law for the time being in force;

○ 25.4.1.6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

○ 25.4.1.7. impersonates another person;

○ 25.4.1.8. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;

○ 25.4.1.9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

○ 25.4.1.10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

● 25.4.2. In case of non-compliance with rules and regulations, privacy policy or these terms of use for access or usage of the Platform of Company, it has the

right to terminate the access or usage rights of the Users to Platform immediately or remove non-compliant information or both, as the case may be;

25.4.3. Company shall, upon receiving actual knowledge in the form of an order by a court of competent jurisdiction or on being notified by the Appropriate Government or its agency under clause (b) of sub-section (3) of section 79 of the Information Technology Act, shall not host, store or publish any unlawful information, which is prohibited under any law for the time being in force in relation to the interest of the sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offence relating to the above, or any information which is prohibited under any law for the time being in force. If any such information is hosted, stored or published, the Company shall remove or disable access to that information as soon as possible.

26.1. The Site may permit Campaigners and Users to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company's control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company.

27.1. Registration

● 27.1.1. Funders can only fund a project by registering on the Site using the Site's login procedures. By choosing the Facebook login, they agree to give the Site, access to their Facebook account's profile pictures and email id. They also allow the Site to create their account and use their Facebook profile picture as the profile picture of their account. The Site does not publish any content on their Facebook profiles without their permission. The Site also gets access to the User’s friend's list, only after the User gives the permission to get access to this list.

● 27.1.2. Funders can use the Site, its features or the Services provided therein only if they sign up / register on the Site. Funders can access the Site without signing up; however, access to certain sections of the Site and Services could be restricted.

● 27.1.3. Funders should use the Site only if they are legally eligible to enter into contracts under the Indian laws. The Site and Services are intended for use by individuals of 18 years of age or older. If Funders are under 18, they may use the Site only with consent of a parent or legal guardian who agrees to be bound by these Terms.

● 27.1.4. If as a Funder, you are accessing the Site or availing the Services on behalf of a company or other legal entity, then You should have the legal authority to represent and bind such company or entity to the Terms. In such a case, the terms 'You' or 'Your' or “Member” or “User” shall refer to the corporate or other legal entity represented by You. If you do not have the legal authority to bind the corporate or legal entity represented by You, then You will be personally liable for all the obligations contained in these Terms, including, the payment obligations.

● 27.1.5. Funders agree that certain basic information that you provide on the Site can be accessed by third parties and may show up in search engines. By using the Site, Funders expressly consent to such search engines sourcing your information and displaying such information on the search engine’s Site. The Site does not control the manner in which such information is displayed or made available.

● 27.1.6. While creating an account, Funders should not use as a User ID any name or term that (i) is the name of another person, with the intent to impersonating that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene.

● 27.1.7. The Company reserves the right, in its sole discretion, to refuse registration or cancel registration at any time and for any reason.

● 27.1.8. You are responsible for maintaining the confidentiality of your username and password as well as for all activities that occur under your username and password. The Owner or the Site shall not be responsible for the loss of your password. While the Site’s automated engines may assist you in recollection or retrieval of your password, password retrieval is not guaranteed.

● 27.1.9. If any Funder provides any information that is untrue, inaccurate, not

current or incomplete or if the Company has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms, the Owner has the right to indefinitely suspend or terminate your account with the Owner and refuse to provide you with access to the Site or other Services offered by the Company.

● 27.1.10. Funders may deactivate your account at any time you desire, in which case the profile information will be deleted from our database automatically within 60 (sixty) months. Some information may never be deleted due to

compliance with various laws in India and internationally. You also understand and agree that though you may delete your account or some information from your account, the same may still appear in some online searches. The Company has no control over the search results that show up in such third party engines or websites.

● 27.1.11. You should not create more than one personal profile. If you have created more than one login, the Company reserves the right to delete or disable such additional, or all logins, at its sole discretion.

● 27.1.12. The account created by You is personal is non-transferable or assignable

● 27.1.13. Fees and taxes

● 27.1.14. Funders give their consent and authorize the Site to deduct the necessary commissions on the contributed amount before transferring to the final recipient i.e., the Campaigner, or Beneficiary or while refunding their amount.

27.2. Payment details

● 27.2.1. By funding a campaign, the Funders agree to provide their name, email address, phone number, billing and shipping addresses. They also agree to provide the authorized online payment gateway of the Site, necessary & required details of their credit and debit cards for making an online contribution. Funders agree to have sufficient funds or credit during making a contribution for a campaign. Funders are informed that their credit and debit card related details are not provided to CISV and/or CSV or the Site by the online payment gateway & remain confidential. We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

● 27.2.2. If any stolen debit or credit card is used to make payment, CISV and/or CSV shall have the right to pursue criminal charges against the Funder making the payment/ contribution.

27.3. Other Funders information

● 27.3.1. Funders authorize the Site to provide Campaigners their name and contact details for the purpose of delivering rewards and connecting regarding queries or updates regarding the funded project. Additionally, they also authorize the Site to publish their name and image (if logged in through Facebook) on the 'Funders' section of the campaign that is funded by them. However, Funders can choose to be 'anonymous', if they don't wish to make themselves public. None of the Funders' funding amount is made public by the Site. Furthermore, by providing the Site their contact details, Funders agree to receive regular updates about the future fundraising campaigns on the Site

through fortnightly newsletters. They can always choose to deactivate reception of the Site's newsletter and other notifications.

28.1. CISV and/or CSV or the Site does not oversee the performance or punctuality of projects, neither does it guarantee the completion of projects. The responsibility of project completion solely lies with the Campaigner.

28.2. Funders agree to not hold the Site or CISV and/or CSV responsible for any of their dissatisfaction related to the project they funded and must deal with the Campaigner directly. Funders, by making a contribution to a campaign on the Site, are assumed to have understood that projects run the risk of getting delayed or not completing.

28.3. The Company or the Site also does not endorse any User Submissions. Users (both campaign owners and Funders) release CISV and/or CSV and the Site, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.

30.1. Any donations made to the technology platform via any mediums cannot be refunded, unless it is in accordance with the Site's refund policy. All donations and payments are final and cannot be refunded. Refunds will be issued only in the following exceptional circumstances.

30.2. If a campaign has been identified and declared fraudulent or violating these terms of use and if no funds have yet been transferred to the beneficiary or hospital

30.3. A payment or a donation has been identified to have been initiated via a stolen or unauthorised debit or credit card not belonging to the donor and he/she wish to claim a refund.

All refunds are credited to the original payment method in 5 - 10 working days.

31.1. Funders agree to not claim any ownership in the project they fund through the campaign on the Site. The rights of the project remain with the Campaigner.

32.1. The Site or CISV and/or CSV is under no obligation to become involved in disputes between any Users, or between Users and any third party arising in connection with the use of the Site. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Site. You hereby unconditionally release the Site and CISV and/or CSV, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or

unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the service.

33.1. While availing any of the payment / donation / contribution method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

● 33.1.1. Lack of authorization for any transaction/s, or

● 33.1.2. Exceeding the preset limit mutually agreed by You and between your 'bank/s', or

● 33.1.3. Any payment issues arising out of the transaction, or

● 33.1.4. Decline of transaction for any other reason/s.

33.2. All payments made towards the donations / contributions on the Site by you, shall be compulsorily in Indian Rupees acceptable in the Republic of India if you are an Indian national. Site will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Site if you are an Indian national. All payments made towards the donations / contributions on the Site by you, shall be compulsorily through the foreign payment gateway if you are not an Indian National. Site will not facilitate transaction through the Indian payment gateway with respect to the donations / contributions made on Site if you are not an Indian national.

33.3. Your relationship with the CISV and/or CSV is on a principal to principal basis and by accepting these Terms of Use you agree that CISV and/or CSV is an independent contractor for all purposes, and does not have control of or liability for the campaigns that are listed on CherrityMe's Website wherein money is transacted by using the Payment Facility.

33.4. You understand, accept and agree that the payment facility provided by CISV and/or CSV is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through, collection and remittance facility for the transactions on the Site using the

existing authorized banking payment gateway networks and settlement service providers. Further, by providing payment facility, CISV and/or CSV is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the

transaction price.

33.5. The Site reserves the right to refuse to process transactions by Users with a prior history of questionable transactions including without limitation to collusion amongst the Users to bring about a false impression or mislead other Users of the Site or breach / violation of any law or any charges imposed by issuing bank or breach of any policy.

33.6. The Funder acknowledges that CISV and/or CSV will not be liable for any damages, interests or claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond control of CISV and/or CSV.

33.7. CISV and/or CSV shall make payments, net of its costs, charges and fees into the bank account provided by the Campaigner during the Campaigner registration process. Once CISV and/or CSV has made payments into such bank account number, CISV and/or CSV shall be discharged of any/all liability towards the User and the User shall not be eligible for any claims and/or refunds thereof.

34.1. You (i.e. the Campaigners and the Funders) hereby represent and warrant to CISV and/or CSV that:

● 34.1.1. all information provided by them during the registration / campaign / funding process, as applicable, is true and accurate; and

● 34.1.2. they are capable (in case of an individual, being above 18 years of age) and duly authorized (in case of a legal entity, by way of appropriate corporate approvals) to enter into the campaigning / funding arrangement, on behalf of himself, any other person, company, or other entity.

35.1. No Person shall copy or utilise, in any manner, the questionnaire(s), responses, designs, content or any other data generated in consultation with any Campaigner or Funder, without the prior written consent of the Owner.

35.2. No person shall, unless CISV and/or CSV, its applicable affiliate, and/or the applicable third party provider give you prior written permission, sell, license, rent,

modify, print, collect, copy, reproduce, download, upload, transmit, disclose, distribute, disseminate, publicly display, publicly perform, publish, edit, adapt, electronically extract or scrub from any content or materials (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories) or otherwise transfer any of the content to any third person (including, without limitation, others in your company or organization). You agree not to decompile, reverse-engineer or disassemble any materials, information or other content available through this Website and not to insert any code or product to manipulate the content in any way that affects the User’s experience. Unless we give you prior written permission, use of any Web browsers (other than generally available third-party browsers), engines, software, spiders, robots, avatars, agents, tools or other devices or mechanisms to navigate, search or determine this Website is strictly prohibited. You agree not to challenge (or assist any third party to challenge) the validity or enforceability of any intellectual property owned by Company or its applicable affiliates relating to this Website, its content or otherwise referenced therein, including but not limited to the patents and trademarks listed in this Terms of Use.

36.1. Rules and Conduct

● 36.1.1. As a condition of use, you promise not to use the Site for any purpose that is prohibited by the Terms of Use or law. The Site and its' services are provided only for your own personal, non-commercial use (except as allowed by in this Terms of Use). You are responsible for all of your activity in connection with the Site and its Services. You shall not, and shall not permit any third party using your account to, take any action, or submit content, that:

● 36.1.2. Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;

● 36.1.3. You know is false, misleading, or inaccurate;

● 36.1.4. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;

● 36.1.5. Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;

● 36.1.6. Contains software viruses or any other computer codes, files, or

programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of CISV and/or CSV or any third party; or

● 36.1.7. Impersonates any person or entity, including any employee or representative of CISV and/or CSV.

● 36.1.8. Users shall not use the Site for activities that:

○ 36.1.8.1. violate any law, statute, ordinance or regulation;

○ 36.1.8.2. relate to sales of

■ narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety,

■ drug paraphernalia,

■ items that encourage, promote, facilitate or instruct others to engage in illegal activity,

■ items that promote hate, violence, racial intolerance, or the financial exploitation of a crime,

■ items that are considered obscene,

■ items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction,

■ certain sexually oriented materials or services, or

■ ammunition, firearms, or certain firearm parts or accessories, or

■ certain weapons or knives regulated under applicable law; ○ 36.1.8.3. relate to transactions that

■ show the personal information of third parties in violation of applicable law,

■ support pyramid or ponzi schemes, matrix programs, other 'get rich quick' schemes or certain multi-level marketing programs,

■ are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card,

■ are by payment processors to collect payments on behalf of merchants,

■ are associated with the following Money Service Business activities: the sale of traveler's checks or money orders, currency exchanges or check cashing, or

■ provide certain credit repair or debt settlement services;

○ 36.1.8.4. involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;

○ 36.1.8.5. violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices;

○ 36.1.8.6. involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from the Company and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.

● 36.1.9. Additionally, you shall not:

○ 36.1.9.1. take any action that imposes or may impose (as determined by CISV and/or CSV in its sole discretion) an unreasonable or disproportionately large load on the Company's or its third-party providers' infrastructure;

○ 36.1.9.2. interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;

○ 36.1.9.3. bypass any measures CISV and/or CSV may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service);

○ 36.1.9.4. run Maillist, Listserv, or any form of auto-responder or 'spam' on the Service; or

○ 36.1.9.5. use manual or automated software, devices, or other processes to 'crawl' or 'spider' any page of the Site.

○ 36.1.9.6. not make any negative, denigrating or defamatory statement(s) or comment(s) about CISV and/or CSV or the brand name or domain name used by CISV and/or CSV, or otherwise engage in any conduct or action that might tarnish the image or reputation, of CISV and/or CSV on any platform or otherwise tarnish or dilute any of CISV and/or CSV’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or CISV and/or CSV’s systems or networks, or any systems or networks connected to CISV and/or CSV.

● 36.1.10. You shall not directly or indirectly:

○ 36.1.10.1. decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction;

○ 36.1.10.2. modify, translate, or otherwise create derivative works of any part of the Service; or

○ 36.1.10.3. copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations. The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice:

■ cancel, reject, interrupt, remove, or suspend a campaign or project;

■ remove, edit, or modify any Content, including, but not limited to, any User Submission; and

■ remove or block any User or User Submission. The Owner in reserves the right not to comment on the reasons for any of these actions.

37.1. The Company may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid to the Company are non-refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

38.1. CISV and/or CSV has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and projects. You release the Company from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company

makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service. The Company does not guarantee that any Content will be

made available through the Site. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice to:

● 38.1.1. cancel, reject, interrupt, remove, or suspend a campaign or project;

● 38.1.2. remove, edit, or modify any Content, including, but not limited to, any User Submission; and

● 38.1.3. remove or block any User or User Submission.

38.2. The Company reserves the right not to comment on the reasons for any of these actions. The Service is provided 'as is' and 'as available' and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that:

● 38.2.1. the Service will be secure or available at any particular time or location;

● 38.2.2. any defects or errors will be corrected;

● 38.2.3. any content or software available at or through the Service is free of viruses or other harmful components; or

● 38.2.4. the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk.

38.3. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

39.1. You agree that the Site contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. The Company grants to each User of the Site a worldwide, non-exclusive, non-sub-licensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.

39.2. The Company grants Campaigner's a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use 'Funds raised through CherrityMe', 'Powered by CherrityMe' and/or 'via CherrityMe' name and/or logo on Campaigner' invoice / certificate of donation for transactions concluded on the Website. Further, the Company grants Campaigner a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use 'cherrityme.org' name and/or logo on stationery used by the Campaigner for delivery of Communications / Receipts / Certificates, etc. provided on the Site.

40.1. By submitting Content (User Submissions) on the Site, you agree to the following terms:

● 40.1.1. The Company will not have any ownership rights over your User Submissions. However, you agree to provide the Company the license to perform and market the Site or the Company on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to):

○ 40.1.1.1. use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market,

sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the 'Trademarks') in connection with the Service,

■ the Service

■ the Company's (and its successors' and assigns') businesses,

■ promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites);

● 40.1.2. take whatever other action is required to perform and market the Service

● 40.1.3. allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and

● 40.1.4. use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to the Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.

40.2. You are publishing your User Submission and you may be identified publicly by your name or User ID in association with your User Submission.

40.3. You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.

40.4. You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Owner all of the license rights granted herein.

40.5. You will pay all royalties and other amounts owed to any person or entity based on your Submitting User Submissions to the Service or the Company's publishing or hosting of the User Submissions as contemplated by these Terms of Use.

40.6. The use or other exploitation of User Submissions by the Company and Users as contemplated by this agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

40.7. The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.

40.8. All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.

40.9. The Company will not be liable for any errors or omissions in any Content.

40.10. The Company cannot guarantee the identity of any other Users with whom you may interact while using the Service.

40.11. All Content you access through the Site is at your own risk and you will be solely responsible for any resulting damage or loss to any party.

40.12. The Owner reserves the right to cancel or suspend any campaign or delete any User Submission or terminate a User account if there is a complaint of infringement of the Content

40.13. The Owner reserves the right to ban repeat infringers of Intellectual property from using the Site.

41.1. Notwithstanding anything herein, the Campaigners and/or the Funders, as may be applicable, will not hold CISV and/or CSV or any of its directors, employees, agents, partners, vendors, suppliers, or content providers responsible in the event of target fundraise not being met. The Campaigners and/or the Funders will also not hold CISV and/or CSV or any of its directors, employees, agents, partners, vendors, suppliers, or content providers responsible for any unforeseen technical glitches such as but not limited to Site down for maintenance, server errors, speed of website download, any viruses in the Site etc., that might affect transaction activity on their campaigns or contribution transactions. Additionally, you (i.e. the Campaigners

and/or the Funders), as the case maybe, shall defend, indemnify and hold harmless CISV and/or CSV and its directors, employees, agents, partners, vendors, suppliers, or content providers, it's affiliates, employees, contractors, directors, suppliers, and representatives from all direct and indirect liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your breach or non-compliance of any of the Terms of Use herein, misrepresentation, use or misuse of, or access to, the service and content, or otherwise from your User submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. CISV and/or CSV reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Owner in asserting any available defenses.

42.1. In no event shall CISV and/or CSV, nor its directors, employees, agents, partners, vendors, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service:

● 42.1.1. for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising) and

● 42.1.2. for any bugs, viruses, trojan horses, or the like (regardless of the source of origination).

● 42.1.3. CISV and/or CSV shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond CISV and/or CSV's reasonable control, including, without limitation, third party intervention, change in law or economic circumstances, mechanical, electronic, or communications failure or degradation. IN NO EVENT WILL CISV and/or CSV’S / SITE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID IN THE LAST SIX (6) MONTHS, OR, IF GREATER, RS. 1000 (RUPEES ONE THOUSAND ONLY).

43.1. By using the Site, you consent to receive from the Company, all communications including notices, agreements, legally required disclosures, or other information in connection with the Site (collectively, 'Contract Notices') electronically. The Company may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Site.

44.1. If any dispute, controversy or claim arises out of or in connection with these Terms of Use, in which CISV and/or CSV is a party (a Dispute), the disputing parties shall use all reasonable endeavors to negotiate with a view to resolving the Dispute amicably. If a party gives the other party notice that a Dispute has arisen (a Dispute Notice) and the parties are unable to resolve the Dispute amicably within 30 (thirty) days of service of the Dispute Notice (or such longer period as the parties may mutually agree), then the Dispute shall be referred to arbitration in accordance with the below terms. Subject to the above clause, all Disputes or differences regarding this Agreement shall be submitted to final and binding arbitration. In the event of such arbitration:

● 44.2.1. All proceedings of such arbitration shall be in the English language. The place / seat of the arbitration for the customers within the US shall be Delaware and the courts of New Castle County, Delaware shall have exclusive jurisdiction over the arbitration proceedings. The place / seat of the arbitration for customers outside US shall be Mumbai and the courts of Mumbai shall have exclusive jurisdiction over the arbitration proceedings

● 44.3.2. The Law governing the conduct of arbitration and the arbitration proceedings for customers within the US shall be the laws of the State of Delaware, USA. The Law governing the conduct of arbitration and the arbitration proceedings for customers outside US shall be the laws of India;

● 44.4.3. The arbitration shall be conducted before a sole arbitrator appointed by CISV and/or CSV;

● 44.4.4. Arbitration awards shall be reasoned awards and shall be final and binding on the disputing parties; and

● 44.4.5. The existence or subsistence of a dispute between the parties, or the commencement or continuation of arbitration proceedings, shall not, in any manner, prevent or postpone the performance of those obligations of the parties under the Agreement which are not in dispute, and the arbitrators shall give due consideration to such performance, if any, in making a final award.

● 44.4.6. Nothing shall preclude a party from seeking interim or permanent equitable or injunctive relief, or both. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the parties to pursue any other remedy or relief through the arbitration.

45.1. For customers within the US, these Terms of Use shall be governed by and constructed in accordance with the laws of the State of Delaware, USA without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of New Castle County, Delaware. For customers outside the US, these Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai.

46.1. These Terms of Use, the Privacy Policy, the Online Campaigner Agreement and other referenced material herein or on the Site, are the entire agreement between you and CISV and/or CSV with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and CISV and/or CSV with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be

unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right

provided for herein shall not be deemed a waiver of any further rights hereunder.

47.1. In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below who can be contacted with respect to any complaints or concerns including those pertaining to breach of CISV’s Terms, Privacy Policy and other policies or questions:

For US Customers:

Mr. Ruslan M.

Cherrity Social Ventures Inc

Email: info@cherrityme.com

For Non-US Customers:

Mr. Sujith R.

Cherry IT Social Ventures Private Limited

252, 4th Floor, VK PRIDE,

14TH MAIN ROAD, Sector 7, HSR Layout,

Bangalore, Karnataka, India, 560102

Email: info@cherrityme.com