PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

Pathak Technosys Private Limited, doing business using the name ngosaarthi (“ngosaarthi”), requires that all visitors to its site, ngosaarthi.com, and its other sites, agree to all of these terms and conditions (the “Agreement”). By accessing and using the Sites, you indicate your acknowledgment and acceptance of this Agreement.

ngosaarthi is a Web-based service that enables organizations to upload, store and manage donor and member lists, create and manage donation campaigns, manage event ticketing and track and archive results (“ngosaarthi Service”). The ngosaarthi Service and its related services are provided to you, the Customer, by us, Pathak Technosys Private Limited (although we do business as ngosaarthi), the company that owns and operates the ngosaarthi Service, and your use of the ngosaarthi Services shall be pursuant to the terms and conditions set forth in these terms of use (the “Agreement”). For the purposes of this Agreement, we will refer to ourselves as “ngosaarthi” and to you as the “Customer.” Any use of the pronoun “you” in this Agreement refers to you as Customer, and any uses of the pronouns “we” or “us” refer to, well, us.

By opening a ngosaarthi account, and using the ngosaarthi Service, you agree to abide by the terms set forth in this Agreement. You covenant that (a) you are at least eighteen years of age, (b) you are able to sign legally binding contracts on behalf of your company, and (c) you are representing yourself and your company honestly to your email recipients and to us. You also agree to maintain current information about yourself and your company, and to update that information as it changes.

You, us, and ownership

Your use of the ngosaarthi Service confers no title or ownership to the ngosaarthi Service. We are granting you temporary, non-exclusive access to ngosaarthi Services that will endure as long as (a) the Agreement is not terminated in accordance with the terms of this Agreement, (b) you continue to provide payment for the ngosaarthi Service in a timely manner, and (c) you continue to abide by the terms of this Agreement. Further, You shall not transfer your right to use the ngosaarthi Service to another party or person, any such transfer or attempted transfer will result in immediate termination of the Agreement.

ngosaarthi owns all logos, graphics, software, algorithms, functionality, content (other than content owned by you or any third party), pages, features and processes that comprise the ngosaarthi Service. You agree not to copy, modify, re-package, reverse-engineer, disassemble, modify or otherwise use the ngosaarthi Service or its components in ways not explicitly allowed by this Agreement, without prior written consent from us. You also agree not to remove any proprietary notices or labels from the ngosaarthi Service.

ngosaarthi and all related names, logos, product and service names, designs and slogans are trademarks of us, our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners.

Special Provisions Relating to Customers

By opening a ngosaarthi account, and using the ngosaarthi Service, you agree to abide by the terms set forth in this Agreement. You covenant that (a) you are at least eighteen years of age, (b) you have the authority to use the ngosaarthi Services on behalf of your organization, and (c) you are representing yourself and your company honestly to your email recipients and to us. You also agree to maintain current information about yourself and your organization, and to update that information as it changes.

Responsibility for account use and content

You are responsible for everything that happens in your ngosaarthi account, including the email addresses that are added, imported and stored, as well as the content published, distributed or linked to from your campaigns. You agree to take full responsibility for any and all content distributed through your ngosaarthi account, and to abide by all pertinent copyright laws. Should we find reason to believe you have violated any laws in the course of your use of the ngosaarthi Service, or plan to violate any law using the ngosaarthi Service, we may suspend or cancel your account immediately and without warning.

How we protect your personal information

Trail Software takes precautions to safeguard your PII against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission that can be guaranteed against any interception or other type of misuse.

You can help us by also taking precautions to protect your personal data when you are on the internet. Do not share your registration information with anyone, and make sure you use a secure web browser.

Protecting your data and your privacy

We agree to hold your account information, lists and data in strict confidence. We do not now, nor will we ever, rent, sell or in any way share your data with any third party. The only time ngosaarthi will ever share ANY information related to your ngosaarthi account with an outside organization is if (a) the outside organization is processing your payment for the ngosaarthi Service and requires certain information necessary for the transaction, (b) the outside organization is the federal government or other agency empowered to require us to divulge your personal or account information, (c) ngosaarthi is highlighting examples of your templates, campaigns or case studies and have obtained your permission prior to the divulging of such information, or (d) ngosaarthi is reporting on or using our overall customer base and activity, in which case we will only divulge general, aggregate (non-personally identifiable) information.

In creating your ngosaarthi account, you will create a username and a password that controls access to your account and all of the data stored within that account. The ngosaarthi Service stores an encrypted version of your password for added security, but you understand and acknowledge that you are ultimately responsible for maintaining control of that username and password and ensuring its proper use by authorized personnel only.

Things you may not do

The following list outlines many things, in addition to those already mentioned in this Agreement, which you may not do while using the ngosaarthi Service. Doing any one of these things may result in the suspension or termination of your ngosaarthi account, immediately and without warning. By using the ngosaarthi Service, you explicitly agree not to:

use the ngosaarthi Service to break any local, state, national laws or regulations, including but not limited to those related to spamming, e-commerce, obscenity, defamation or privacy;

use the ngosaarthi Service to encourage or facilitate any illegal activities;

use the ngosaarthi Service to harass, threaten or embarrass any person or organization;

use the ngosaarthi Service to promote MLM (multi-level marketing) or Ponzi schemes;

use the ngosaarthi Service to distribute illegal, pornographic or potentially harmful or offensive information, photos, software or materials, or include links to Web pages containing any such items (We reserve the right to use our own judgment in determining what is offensive); or

use the ngosaarthi Service in conjunction with email addresses or lists that have been obtained in any way other than those outlined as permissible in this Agreement.

Your data, and our storage thereof

Your ngosaarthi account includes certain data storage – for lists, campaigns and content, and response tracking information. We may choose to set limits on how much information may be stored, and may change those limits at any time. Should we impose any such limits, we will provide you with reasonable advance notice of such limits, and, when possible, offer you the option to either obtain more storage at an additional cost or maintain a lower level of storage without incurring additional costs. ngosaarthi is not responsible for the loss of any data in the event that you fail to request either more storage space or a transfer of existing data to another location and data is lost due to a change in limits or by your exceeding the existing limits.

ngosaarthi’s API

ngosaarthi provides API Calls (“Calls”) to facilitate certain account activities without relying on the ngosaarthi application interface. These Calls are governed by the same policies set forth herein. It is ngosaarthi’s sole discretion to determine permissible use of the API and Calls. Any improper use of the API, as solely determined by ngosaarthi, will be grounds for immediate termination of Customer’s account.

Payment for services

Like most commercial services, ngosaarthi asks that you, the Customer, pay us, the Company, for your use of the ngosaarthi Service in a timely manner. Monthly activity may be invoiced monthly or annually based on your preference and due no more than 15 days from the invoice date. Depending upon your plan you may also be charged transaction fees on the amount of online donations, event registration fees or other revenues that are processed online through the ngosaarthi Service. All fees and prices are in Indian rupees. By entering credit card and billing information into the ngosaarthi system, you are authorizing us to charge that card for services rendered and according to the pricing specified in your ngosaarthi plan or a separate addendum to this Agreement, should such an addendum exist. All credit card transactions are handled through a secure HTTPS connection with a trusted third-party credit card processor. Lastly, like most commercial services, ngosaarthi reserves the right to suspend your account in the event you fail to pay the appropriate account fees on time, until such time as proper payment is received.

Right to inspect

For the purposes of providing you service and support, and to ensure that the terms of this Agreement are being followed, we reserve the right to inspect and monitor your account and data at any time, without notice, and to limit access to your account at any time should we have reason to believe that you have already, or may at some point in the future, violate any terms set forth in this Agreement.

Termination

Termination requests should be in writing, via email to support@ngosaarthi.com. Inactivity does not constitute automatic termination. If you have elected a month-to-month agreement, your request to terminate will take effect at the end of the month in which such request was made. If you have elected a longer agreement term, your request to terminate will take effect at the end of your selected contract term. In either case, the date the termination takes effect will be called the Termination Date. Customer is responsible for payment for any services rendered up through the Termination Date. ngosaarthi will not prorate charges to the Termination Date and the Customer will not receive a credit or refund for any unused services. If Customer has paid in advance for a certain period of time for the ngosaarthi Service or any portion thereof and terminates prior to the completion of that period, that payment is non-refundable.

ngosaarthi may terminate this Agreement at any time by notifying the Customer by email. If we terminate this Agreement without cause, we will prorate any fees you have prepaid.

Should we be forced to terminate your account or you terminate your account, we will work with you to help retrieve contact information and other appropriate data from your account within 30 days of termination of your account. After such 30 days, ngosaarthi makes no guarantees regarding the availability of your data, and ngosaarthi shall not be liable for the availability of your data for more than thirty days following the date of termination by either party.

Disputing Charges

Any dispute to a charge on your bill must be made within 60 days of the date of the bill that initially contained the charge. Disputes can only be made in writing, via email to support@ngosaarthi.com.

Special Provisions Relating to Donors

By donating to an organization or creating a new account on the Sites (“Donor”), the following additional terms apply.

Donor Representations

By becoming a Donor, you promise that:

You are at least 18 years old or if under 18 years old are acting with parental consent and under parental supervision; and

All information you provide to ngosaarthi and the organization is accurate, and you will update the information to keep it accurate.

Any donation you make is legal in your jurisdiction.

If you create a Donor gift registry account enabling you and others to contribute funds for a specific project in honor of a named person (for example, contributing funds to honor someone’s birthday, anniversary or other special events), you represent that you have permission of the named person (or permission of their parent, if a minor) to provide their name and other required information for display to prospective donors and other users on the Sites.

Donor Responsibilities

If you create a donor profile, you will be responsible for the use and maintenance of the confidentiality of your user ID and password (which you will receive upon completing the process of registering as a Donor) for access to Donor-restricted portions of the Sites, and shall not share your ID and password with anyone else. You agree not to use the account, username, or password of another Donor at any time or to disclose your password to anyone else. You agree to exit from your account at the end of each session and to immediately notify ngosaarthi of any unauthorized use of your password or account. You are solely responsible for any and all use of your account and for any actions that take place using your account. All suggestions and comments you provide become the intellectual property of ngosaarthi.

ngosaarthi reserves the right to exclude any Donor from use of the Sites, in ngosaarthi’s sole discretion. All directions and requirements stated on the Sites regarding Donors or donations shall apply to any donation offered or made by you.

Modifications to this Agreement

We may, from time to time, edit, append or otherwise modify the terms of this Agreement. Any changes will require notice from ngosaarthi to Customer. Your continued use of ngosaarthi after such notice indicates your acceptance of those changes and agreement to abide by them.

WARRANTIES AND DISCLAIMERS

THE ngosaarthi SERVICE AND ITS RELATED SERVICES ARE PROVIDED “AS IS,” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ngosaarthi SERVICES OR THIS AGREEMENT.

IN SHORT, WE CAN NOT AND DO NOT GUARANTEE THAT THE ngosaarthi SERVICE WILL WORK IN ANY PARTICULAR WAY, NOR CAN WE GUARANTEE THAT IT WILL PROVIDE YOU WITH ANY PARTICULAR RESULT, LIKE MAKING YOU MORE MONEY OR INCREASING YOUR CUSTOMER BASE. YOU AGREE NOT TO HOLD US LIABLE, FINANCIALLY OR OTHERWISE, SHOULD THE ngosaarthi SERVICE FAIL TO PERFORM THESE THINGS THAT WE CANNOT GUARANTEE IN THE FIRST PLACE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN THE FEES YOU HAVE PAID TO US FOR YOUR USE OF THE ngosaarthi SERVICE OVER THE PREVIOUS TWELVE (12) MONTHS.

TO REITERATE: YOU, THE CUSTOMER, AGREE TO INDEMNIFY AND HOLD HARMLESS Pathak Technosys Private Limited, ITS OFFICERS, EMPLOYEES AND BUSINESS PARTNERS, FROM ANY CLAIMS ARISING FROM YOUR USE OF THE ngosaarthi SERVICE OR ITS RELATED SERVICES.

Headers

The headers in this Agreement are provided as visual aids only and are not to be considered legally binding in any way.

Miscellaneous

This Agreement says everything there is to be said about the relationship between ngosaarthi and you and your use of the ngosaarthi Service and, therefore, it supersedes any other agreement about those topics, unless mutually agreed to in writing by both parties. You cannot, without prior written consent of ngosaarthi, transfer any of your rights or responsibilities under this Agreement. We can transfer any of our rights and responsibilities under this Agreement, with prior notice to the Customer.

This Agreement will be interpreted in accordance with the laws of the Bombay High Court. Should ngosaarthi and you ever have to go to court over this Agreement or anything related to your use of the ngosaarthi Service, you agree to submit to the jurisdiction of the Bombay High Court. Before going to court, all parties agree to attempt to sort out any problem through arbitration in Mumbai, Maharashtra, India in accordance with the regulations of the Arbitration Association. If any provision of this Agreement is held to be invalid, that provision will be enforced to the extent possible and all other provisions of this agreement will be given full effect. If we fail to act to enforce any of the provisions of this agreement, that inaction will not be a waiver of our right to act and will not affect our ability to act later.

We may send you any notice that is required by this Agreement or otherwise via email or regular mail or by posting the notice on the ngosaarthi website. Any notice you send us should be sent to support@ngosaarthi.com or mailed to: