Terms of Use
Please read these Terms of Use/Terms and Conditions carefully before using
www.mastulaid.com (“Website / Platform / Site”).
The website/platform is owned by MASTUL Foundation ("MF" / "organization" / "Owner") registered by Bangladesh Govt. under the Societies Registration Act, 1860 having corporate office 244/Ka Nimtala, West Dhanmondi Dhaka - 1209. MF is engaged in the cause of promoting crowdfunding for medical causes, creative, social, and charitable causes along with its affiliate below listed affiliates:
1) Emergency Response Association Bangladesh and MASTUL Social Force (MSF & ERAB affiliate of MASTUL Foundation hereinafter referred to as "ERT”) and its affiliate;
2) MASTUL Foundation Group
3) Any other affiliates/designated NGO partners of Mastulaid
MF and ERT along are carrying out the fundraising business on the platform under the brand name "MastulAid".
This Agreement shall bind the Campaigners, Funders, Visitors (“You” or “Users”) of this Site and MF, ERT (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.mastulaid.com is 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 nor Platform, on its own accord is raising funds for any such causes.
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. MF or ERT 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;
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.Summary of Services
Fundraising services Users looking for financial assistance for medical causes assistance purposes run Campaigns on the Platform. Accordingly, Users can use the Platform in the capacity of a) User seeking financial aid shall initiate a fundraising campaign on the Platform to raise funds (“Campaigner”) including but not limited to individuals, organizations, and 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”.
- Mastulaid provide selected Bkash, Nagad, and Rocket Under these Services, the Campaigner can start a fundraising campaign for in-kind donations of the Products it needs, and the Donor / Funder instead of donation in cash and support the Campaign by donating the Products listed on such Campaign. MastulAid procures the Products on behalf of the Donor and delivery them to the Beneficiary on behalf of the Donor.
Mastulaid tries its best to check the veracity of the Campaigns, their purpose, and the Campaigners / Beneficiaries before the release of funds/donations to the 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 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 or email/ Whats app alarm on the Campaign to alert our team of this potential issue and we will investigate to the best of our abilities.
2. User Content Submissions
- Through the Site, email, websites, and other media, various content, including, but not limited to, videos, photographs, images, information, and associated trademarks and copyrightable works (collectively, 'Content') is made accessible. Users send videos, photographs, images, national id copies, patients and his/her illness details history information, and doctors’ prescriptions. 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.
- 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. Acceptance of Terms
3.1. Users accept the Terms & conditions of the Platform and enters into a binding contract with MastulAid
- 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.Modification of Terms of Use
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.Registration
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. 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 maximum 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.Fund Transaction and Accountability
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:
- 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 (Bangladeshi funds) and/ or (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 a Bangladeshi citizen) via accounts or cards issued by the United States of America (“USA”) or other countries except for Bangladesh in its registered bank account Provided by Mastulaid.
7.1 Mobile & online financial / banking service
7.2. For the purposes of Mobile financial & online / banking services of the Platform:
- 7.2.1 Beneficiary (ies) shall mean and include all NGOs, trusts, societies, individuals, or any other persons who run Campaigns on the Platform to procure donations in kind to meet the objectives of their charity. However,the use of the term “beneficiary” throughout the Terms of Use shall include a reference to Beneficiary under this clause. Further, if the Campaigner is the same as the beneficiary of the Campaign, a reference to the Beneficiary shall mean a reference to the Campaigner.
- 7.2.2 Campaign(s) shall mean and refer to various campaigns that run on the 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, the use of the term “campaign” throughout the Terms of Use shall include a reference to the Campaign under this clause.
- 7.2.3 Donor(s) shall mean the users of the Platform who are desirous of making donations for the 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 the Platform. The Products shall be purchased and donated by the Mastulaid / Trusts on behalf of the donor;
- 7.2.5 of Mobile financial & online / Banking service shall mean services provided by Platform to Beneficiaries / Campaigner by facilitating the connection between Beneficiaries, Trusts, and Donors so that Donors can donate funds to deliver Products to the Beneficiary to meet the necessary objectives of the charity. However, the use of the term “service” throughout the Terms of Use shall include reference to Mobile financial / Banking Services under this clause;
- 7.2.6 Trust(s) shall mean the Mastul Foundation and/or such other charitable trust(s)/organization (s) as may be on board from time to time by the Platform which is desirous of provision of Products for the Beneficiaries for the Campaigns.
7.3. Scope of of Mobile & online financial / Banking Services
- 7.3.1 Under Mobile & online financial / Banking Services Beneficiary/ries shall initiate Campaigns on the Platform for their need of Products/funds. Platform under its 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. Mastulaid 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 MastulAid or the Trust shall be custodians of the amount received under any Mobile financial & online / Banking services 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, Mastulaid 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 Mastulaid/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 MF 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 MF/ 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 Donor, Campaigner and/or Beneficiary understands that the Products are merely purchased by Mastulaid / Trust from third party vendors on “as is” basis, in line with the description mentioned on the Campaign; And the Platform, ERT 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 MF or Trust.
- 7.3.6 Donor or Campaigner /or Beneficiary shall not dispute the price of the Products listed on the Campaign.
- 7.3.7 No Mobile & online financial / Banking Services Service fee to Donors: It is clarified that the purchase of Products by the Mastulaid / Trust (as may be applicable depending on opt in of the Donor) will be based on the principle of utmost good faith and Mastulaid or Trust shall not charge any Service fee to the Donor for the Services provided on the Platform.
- 7.3.8 Mastulaid Service Fee to beneficiary / NGO: Platform may charge service fees along with the applicable vat/ taxes to the Campaigner / Beneficiary as mutually agreed between them.
- 7.3.9 For any Campaign under Mastulaid services, only Bangladesh funds can be raised, Mobile & online financial / Banking Services services are not available for donation of foreign funds.
- 7.3.10 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.
- 7.3.11 Mastulaid 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. Mastulaid 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.
8. Declarations
- 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. Terms and Conditions for Campaigners
- 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 Mastulaid/ MF/ERT, 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 Mastulaid/ MF and 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 Mastulaid/ MF and ERT 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 mastulaid/MF & ERT 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 Bangladeshi funds raised on the campaign shall be collected in the bank account of Mastul Foundation or its Bangladeshi affiliate, and foreign funds (if any) raised on the campaign shall be collected in the bank account of Social Squared Ventures Inc. or its affiliate and shall be processed separately by respective entity; and I hereby authorize Mastul foundation and ERT 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 MF and/or ERT.
- 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 MF and ERT 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 Mastulaid 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 Mastulaid account ( Bangladeshi Fund) and / or MF (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 MF , ERT 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 shall be utilised by mastulaid/ERT (for Bangladeshi 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.
9.2. 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, Mastul Foundation mastulaid/ ( MF) and ERT 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, any other consequences to facilitate the fundraising on www.masulaid.com and to carry out the other obligations as mentioned herein / Terms of Use;
- 9.2.2. I, the Campaigner hereby authorize mastulaid/MF/ ERT 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, doctor & related documents;
- 9.2.3. In the event of any discrepancy found with any Materials and/or other information as described above, mastulaid / MF and/or the hospital shall have the right to immediately terminate the Campaign and refund all donations to the respective donors;
- 9.2.4. 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 MF and/ ERT. MF or ERT 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 MF and/or ERT as per the SOP.
- 9.2.5. I, the Campaigner have no claims over any funds in excess of the target set out in the Campaign and MF and/or ERT shall have the right to utilise such funds towards other campaigns or for any other purposes as Mastul foundation deems fit;
- 9.2.6. 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 MF and/or ERT.
- 9.2.7. 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 MF and/ or ERT deems fit;
- 9.2.8. The efforts by Mastul Foudation are only limited to increasing outreach of the Campaign, and that MF and ERT does not guarantee the success of such Campaign or fulfilment of targets set out therein;
- 9.2.9. MF and/or ERT 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 National Id 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 MF and/or ERT). I, the Campaigner, agree that remaining funds, in excess of the expenses paid to the Patient shall be used by MF and/or ERT towards the treatment of the other patients or for any other purposes on its own discretion;
- 9.2.10. 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 MF and/or ERT, 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 MF and/or ERT) by Patient/ Patient’s family and/or account holder (in whose account the funds raised on the Campaign will be transferred).
- 9.2.11. I, the Campaigner undertake and agree that upon choosing Mastul foundation as fundraising platform, I shall not crowdfund with any other organization other than the Platform and understand if found otherwise, MF and/or ERT shall terminate the Campaign immediately and shall subject me to monetary penalties by MF and/or ERT. Further, the monies raised through the Campaign shall not be transferred to the benefit of the Patient and may be refunded to the donors;
- 9.2.12. 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 MF and/or ERT, any delay from financial service institution , any technical errors or issues etc.), in such an event I, or Patient or anyone related to Patient shall not held MF and/or ERT liable in respect thereof or file any claim or suit against MF and / or ERT, its founders, directors, licensees, employees, agents or anyone related to Impact Guru.
- 9.2.13. 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 MF and/or ERT towards any other fundraising campaign on the Platform or for any similar causes, at the discretion of MF and/or ERT. If additional funding from Other Sources (that partially/fully serves the purpose of the campaign) is received after MF and/or ERT have transferred the funds to Campaigner / beneficiary /towards the purpose of the campaign, MF and/or ERT 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 MF and/or ERT and shall ensure the same.
- 9.2.14. If the funds raised on the Campaign through the Platform are already (fully/partially) transferred by MF and/or ERT 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 MF and/or ERT of the receipt of such additional funding and thereafter shall refund the excess funds to MF and/or ERT (Bangladeshi & foreign funds). MF and ERT 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 MF and ERT may deem fit.
- 9.2.15. In the event due to any exceptional reasons, the funds raised on the Campaign through the Platform are transferred by MF and/or ERT 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 MF and/or ERT of such additional funding and refund the excess funds to MF (Bangladeshi Funds) and/or ERT (foreign funds). MF and ERT 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 MF and ERT may deem fit.
- 9.2.16. I, the Campaigner, understand that this undertaking is given without expiration, and future uses do not require additional permission;
- 9.2.17. 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 MF and/or ERT;
- 9.2.18. 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;
- 9.2.19. I, the Campaigner agree and understand that MF and/or ERT 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 crowd funding campaigns on any other platform, or directly or indirectly, run an independent or separate crowdfunding campaign at any time during the period the Campaigner is crowdfunding 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 MF and/or ERT does not ensure that it would prevent any leakage of information outside.
9.5. Campaign approval or rejection
- 9.5.1. MF and/or ERT 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 MF and/or ERT, are allowed to raise funds on the Site by running their campaigns. MF and/or ERT 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 MF and/or ERT the following fees in relation to the Campaigner’s crowdfunding 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 Bangladeshi or foreign. All funds donated through INR currency shall be collected in the bank account of MFor its Bangladeshi affiliate entity; and all funds donated through USD or any other foreign currency shall be collected in the bank account of Mastul foundation or its affiliate entity. Such respective entities shall then disburse the funds separately towards the purpose of the campaign. Platform fees as applicable to a particular campaign, as mentioned on www.mastulaid.com to be charged on the total amount of funds raised at the end of your campaign and which may vary from time to time.
- 9.6.2. Platform fees as applicable to a particular campaign, as mentioned on www.mastulaid.com be charged on the total amount of funds raised at the end of your campaign.
- 10. Campaigner’s obligations & liabilities
- 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 60 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.
- 11. Campaign Marketing:
- 11.1. The Campaigner is solely responsible for marketing his campaign to friends, family members, and fans, through various online & offline channels. The Company / Site will only provide marketing guidance in the form of a pre-live marketing strategy and marketing tips & tricks post campaign launch, if applicable according to the pricing. If a Campaigner has paid for Digital marketing and PR services, the services provided are only restricted to running such survives on the platforms so agreed upon. Eg. Facebook, etc. However, the Site does not, under any circumstances whatsoever, guarantee campaign success. All risk in relation to the success or failure of the campaign shall lie solely with the Campaigner. You shall not use any content created by the company, partially or wholly, for any other fundraising or awareness purpose without the written consent of the Platform. In the event you receive such consent, you shall provide written credits to Platform and provide links to Platform or corresponding social media handles of the Platform, while using such content, and adhere with such other terms that may be prescribed by the company from time to time.
- 11.2.The Site reserves the right to share donor details with the Campaigner, if the Site is conducting digital and email marketing eg. Facebook, etc. for the particular campaign. For such campaigns, Site may re-create the campaign from an official account e.g.mastulaid.com, resulting in no donor details being passed on to the campaigner.
- 11.3.The Company / Site may, at its sole discretion, showcase live in its periodic emailers to its database or on its Facebook and Twitter or other social media profiles. Campaign performance may influence selection but does not ensure it.
- 11.4.In such instances, Campaigners give consent to the use of original Materials, interviews, photos, and video release by the Company and also allow deductions towards additional outreach costs incurred towards the marketing efforts.
- 11.5.The Company reserves the right to use balance funds remaining after settling dues with the hospital, on other campaigns or causes or purposes where funds might be required.
- 12. Campaigner email database:
- 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. Reporting
- 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 mastulaid channels 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 mastul provided emil mastulaid@gmail.com 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. Financial Transaction Facility – Campaigner:
- 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.
- 15. Fund Management:
- 15.1. Transfer and Usage
- 15.1.1 Site only enables the flow of funds from Funders to Campaigners and is not the final recipient of funds raised (other than commission payable by the Campaigner) on its platform.
- 15.2. Campaigns may be either;
- 15.2.1 Bangladesh based (i.e. campaigns where Campaigners seek to implement the project in Bangladesh and accordingly, have an Bangladesh bank account into which the campaign Funder’s contributions may be released) or
- 15.3. The funds can either be bangladeshi funds (collected in taka) . The bangladeshi funds shall be collected through Mastulaid or its Bangladeshi affiliate entities .
- 15.4. The Campaigners (individuals or organizations) initiating a fundraising campaign on the Platform may be based in Bangladesh (i.e. campaigns where Campaigners seek to implement the project in bangladesh) .
- 15.5. In case of successful campaigns, no donations/contributions shall be refunded.
- 15.6. Account Holds: From time to time, the Company may place a hold on a campaign bank account/ online mobile financial banking service (a Hold) restricting withdrawals by a Campaigner. Some of the reasons that we may place a Hold on a campaign bank account include the following:
- 15.6.1. if we have reason to believe (in our sole discretion) that information provided by a Campaigner is false, misleading, or fraudulent, or that funds are being used in a prohibited manner;
- 15.6.2. if the funds available should be provided directly to a person other than the Campaigner (such as a legal beneficiary or person entitled by law to act on behalf of a Campaigner);
- 15.6.3. if we have reason to believe that a Campaigner has violated these Terms of Service / Use;
- 15.6.4. if we think we need additional documentation to have reasonable assurance on utilization of donations for the purpose stated in the campaign; or
- 15.6.5. if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations.
If you have questions about a Hold we may have placed on your campaign bank account, or need information about how to resolve the Hold, please contact us at mastulaid@gmail.com.
- 15.6.6. 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. Use of funds:
- 16.1. The Campaigner must use the funds collected through the Site solely for the project described in their crowdfunding 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.
- 16.2. Campaigner are solely responsible for utilizing the funds for the purpose mentioned in our fund-raising page. Mastulaid and/or MF, ERT or their respective affiliates is not responsible in any way whatsoever towards the end utilization of funds. 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, Permanent Account Number, Online mobile Financial banking number, NID card Number, Birth certificate , Passport etc. recognised by the Bangladeshi . The list of such registered documents will be updated on the Site, at its sole discretion, from time to time.
- 16.3. 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 isues decision by the MF/ ERT .
- 16.4. 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.
- 16.5. MF and/or ERT 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 MF and/or ERT review of the fulfilment status of prior crowdfunding obligations.
- 16.7. For contributors on the Site, only standard channels of payment - verified fnacial banking service number, bank account , net banking, or cash - will be allowed. Cash payments are accepted for bangladesh residents only.
- 18. Project Completion:
- 18.1. 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.
- 18.2. MF and/or ERT 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.
- 18.3. Similarly, MF and/or ERT 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.
- 19. Campaign Branding & Marketing:
- 19.1. Campaigners must include Mastulaid Site logo branding on all project and/or campaign related marketing collaterals, whether online or offline (e.g., online banners, offline flyers) as per Mastulaid , MF and/or ERT / Site brand and logo guidelines.
- 20. Campaign Cancellation:
- 20.1. Notwithstanding anything set out herein, the Mastulaid, MF 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.
- 21. Rights of the Company
- 21.1. The Company shall have the right to:
- 21.1.1 make changes in its technology platform or services, at its sole discretion, at any time, without notice or liability;
- 21.1.2 decide who’s eligible to use the services offered;
- 21.1.3 cancel accounts or decline to offer our services;
- 21.1.4 change our eligibility criteria at any time;
- 21.1.5 cancel any funding to any project, at any time and for any reason; and
- 21.1.6 reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.
- 21.2. 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.
- 21.2.1 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. 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
- 21.2.2 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.
- 21.3. 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 YouTube etc.
- 21.4.1. The User understands that he shall not (on the Platform) host, display, upload, modify, publish, transmit, store, update or share any information that:
- 21.4.1.1. belongs to another person and to which the user does not have any right;
- 21.4.1.2. 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;
- 21.4.1.3. is harmful to child;
- 21.4.1.4. infringes any patent, trademark, copyright or other proprietary rights;
- 21.4.1.5. violates any law for the time being in force;
- 21.4.1.6. 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;
- 21.4.1.7. impersonates another person;
- 21.4.1.8. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- 21.4.1.9. 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;
- 21.4.2. 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;
- 22. Third-Party Sites:
- 22.1. 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.
- 23. Terms and conditions for Funders :
- 23.1. Registration:
- 23.1.1. 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.
- 23.1.2. 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.
- 23.1.3. Funders should use the Site only if they are legally eligible to enter into contracts under the Bangladesh 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.
- 23.1.4. 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.
- 23.1.5. 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.
- 23.1.6. 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.
- 23.1.7. The Company reserves the right, in its sole discretion, to refuse registration or cancel registration at any time and for any reason.
- 23.1.8. 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.
- 23.1.9. 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.
- 23.1.10. Funders may deactivate your account at any time you desire, in which case the profile information will be deleted from our database automatically within 36 (Thirty six) months. Some information may never be deleted due to compliance with various reasons. 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.
- 23.1.11. 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.
- 24.1.13. Fees and taxes :
- 24.1.14. 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.
- 24.2. Payment details :
- 24.2.1. 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 online contribution. Funders agree to have sufficient funds or credit during making a contribution for a campaign. Funders are informed that their financial mobile banking service and other payment method systems details are not provided to Mastulaid,MF and ERT 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.
- 24.2.2. If any stolen finacial mobile banking, online banking is used to make payment, Mastulaid, MF and/or ERt shall have the right to pursue criminal charges against the Funder making the payment/ contribution.
- 24.3. Other Funders information:
- 24.3.1. 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 crowdfunding campaigns on the Site through fortnightly newsletters. They can always choose to deactivate reception of the Site's newsletter and other notifications.
- 25. Project completion:
- 25.1. Mastulaid, MF and/or ERT 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.
- 25.2. Funders agree to not hold the Site or Mastulaid, MF and/or ERT 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.
- 25.3. The Company or the Site also does not endorse any User Submissions. Users (both campaign owners and Funders) release MF and/or ERT 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.
- 26. Refund :
- 26.1. 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.
- 26.2. 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
- 26.3. A payment or a donation has been identified to have been initiated via a stolen or unauthorized not belonging to the donor and he/she wish to claim a refund.
- 27. Rights of the project:
- 27.1. 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.
- 28. Dispute between Campaigners and their Funders :
- 28.1. The Site or MF and/or ERT 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 MF and/or ERT, 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.
- 29. Financial Transaction Facility
- 29.1. 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:
- 29.1.1. Lack of authorization for any transaction/s, or
- 29.1.2. Any payment issues arising out of the transaction, or
- 29.1.3. Decline of transaction for any other reason/s.
- 30.1. All payments made towards the donations / contributions on the Site by you, shall be compulsorily in bangladeshi taka acceptable in the Republic of Bangladesh if you are an Bangladeshi 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 bangladeshi national.
- 30.2. Your relationship with the Mastulaid on a principal to principal basis and by accepting these Terms of Use you agree that MF and/or ERT is an independent contractor for all purposes, and does not have control of or liability for the campaigns that are listed on Masulaid Website wherein money is transacted by using the Payment Facility.
- 30.3. You understand, accept and agree that the payment facility provided by Mastulaid and/or ERT is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through, collection and facility for the transactions on the Site using the existing authorized banking payment gateway networks and settlement service providers. Further, by providing payment facility, mastulaid is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
- 30.4. 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.
- 30.5. The Funder acknowledges that Masulaid, MF and/or ERT 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 MF and/or ERT.
- 30.6. MF and/or ERT shall make payments, net of its costs, charges and fees into the bank account and other financial moblie banking services, cash payment provided by the Campaigner during the Campaigner registration process. Once MF and/or ERT has made payments into such financial services , MF and/or ERT shall be discharged of any/all liability towards the User and the User shall not be eligible for any claims and/or refunds thereof.
- 31. Representations and Warranties :
- 31.1. You (i.e. the Campaigners and the Funders) hereby represent and warrant to MF and/or ERT that:
- 31.1.1. all information provided by them during the registration / campaign / funding process, as applicable, is true and accurate; and
- 31.1.2. 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.
- 32. Covenants :
- 32.1. 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.
- 32.2. No person shall, unless MF and/or ERT, 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.
- 33. General Terms and Conditions:
- 33.1. Rules and Conduct:
- 33.1.1. 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:
- 33.1.2. 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;
- 33.1.3. You know is false, misleading, or inaccurate;
- 33.1.4. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;
- 33.1.5. Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
- 33.1.6. 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 MF and/or ERT or any third party; or
- 33.1.7. Impersonates any person or entity, including any employee or representative of MF and/or ERT.
- 33.1.8. Users shall not use the Site for activities that:
- 33.1.8.1. violate any law, statute, ordinance or regulation;
- 33.1.8.2. relate to sales ofnarcotics, 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;
- 33.1.8.3. 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;
- 33.1.8.4. involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
- 33.1.8.5. violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices;
- 33.1.8.6. 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.'
- 34.1.9. Additionally, you shall not:
- 34.1.9.1. take any action that imposes or may impose (as determined by MF and/or ERT in its sole discretion) an unreasonable or disproportionately large load on the Company's or its third-party providers' infrastructure;
- 34.1.9.2. interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
- 34.1.9.4. run Maillist, Listserv, or any form of auto-responder or 'spam' on the Service; or
- 34.1.9.5. use manual or automated software, devices, or other processes to 'crawl' or 'spider' any page of the Site.
- 34.1.9.6. not make any negative, denigrating or defamatory statement(s) or comment(s) about MF and/or ERT or the brand name or domain name used by MF and/or ERT , or otherwise engage in any conduct or action that might tarnish the image or reputation, of MF and/or ERT on any platform or otherwise tarnish or dilute any of MF and/or ERT 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 MF and/or ERT systems or networks, or any systems or networks connected to MF and/or ERT.
- 35.1.1. You shall not directly or indirectly:
- 35.1.1.1. 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;
- 35.1.1.2. modify, translate, or otherwise create derivative works of any part of the Service; or
- 35.1.1.3. 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; andremove or block any User or User Submission. The Owner in reserves the right not to comment on the reasons for any of these actions.
- 36. Termination:
- 36.1. 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.
- 37. Warranty Disclaimer :
- 38.1. MF and/or ERT 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. Content and License :
- 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 mastulaid', 'Powered bymastulaid ' and/or 'via mastulaid' 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 'mastulaid' name and/or logo on stationery used by the Campaigner for delivery of Communications / Receipts / Certificates, etc. provided on the Site.
- 40. Intellectual Property :
- 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 Servicethe 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. Indemnification :
- 41.1. Notwithstanding anything herein, the Campaigners and/or the Funders, as may be applicable, will not hold MF and/or ERT 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 MF and/or ERT 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 MF and/or ERT 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. MF and/or ERT 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. Limitation of Liability
- 42.1. In no event shall MF and/or ERT, 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. MF and/or ERT shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond MF and/or ERT reasonable control, including, without limitation, third party intervention, change in law or economic circumstances, mechanical, electronic, or communications failure or degradation.
Privacy Statement and Refund Policy :
This website [mastulaid.com] is owned and operated by Mastulaid. All the contents here are the intellectual property of Mastulaid. Use of the content for reproduction, copying or redistribution is not allowed without reference and without permission from Mastulaid.
We recognize that the visitors to our website may be concerned they about the information they provide to us and how we treat that information. Mastulaid is committed to ensuring that your privacy is protected. The keynotes about concerning privacy policy are hereunder:
Personal Information
Mastulaid uses its best efforts to respect the privacy of its online visitors. All user data that is not made public, including email address and IPs associated with user accounts, will not be sold or rented nor will it be shared with any third party unless we are required by law. When a visitor requests or read a page, or sends email to Mastulaid, no more information is collected than is typically collected by websites.
Mastulaid gathers only personally identifiable data such as names, addresses, zip codes, email etc when voluntarily submitted by a visitor.
Security
You can access the pages of the website without telling us who you are and without revealing any personal information. Our web servers collect anonymous logs during user visits to Mastulaid website. This information is used to create aggregate statistics. These statistics help us understand how our website is used and how we might improve viewer experience in the future.
Cookies
A cookie is a text-only piece of information that a website transfers to your computer’s hard disk so that the website can remember who you are. Visitors should be aware that non-personal information and data may be collected by the Website through the use of cookies. Mastulaid uses cookie technology only to obtain non-personal information from its online visitors in order to improve visitor’s online experience and facilitate their visit within our site. If a visitor does not want information to be collected through the use of cookies, there is a simple way in most browsers that allows the visitors to deny or accept the cookie feature.
Online Donations
We request information from the visitor on our donation form. A visitor must provide contact information (such as name, email and mailing address) and payment information . This information is used for billing purposes and for sending the receipt of the donation within Bangladesh.
If we have trouble processing a donation, the information is used by us to contact the donor. We will not share the visitor’s name and contact information with any third party. Financial information is NEVER disclosed.
This should be very much clear that Mastulaid is not willing to accept donations earned through illegal and unlawful means.
Once online payment is made, you will receive a confirmation mail regarding your payment. The request for any donation-related information can be sent to mastulfoundation@gmail.com
Cancellation & Refund Policy
No cancellation for the donated amount by any donor will be entertained. The donation will be used for the heads selected by the donor at our Online Donation page. Mastulaid does not compel any person or organization to donate money, rather it depends on one’s own wish whether he/she is willing to contribute towards child’s development and educational needs of Mastulaid
Grievance Officer
In accordance with Information and Communication Technology Act (ICT) of 2006 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 ICT’s Terms, Privacy Policy and other policies or questions
Disclaimer
The Privacy Policy represents a committed effort to safeguard the security of the user information that is collected and retained on our server. Nevertheless, we acknowledge that, in spite of our committed effort, some determined individual may still develop data-mining and other methods to uncover such information and disclose it. For this reason,Mastulaid can make no guarantee against unauthorized access to information provided an in the course of using this website.
Mastulaid reserves the right to make any change or update in this privacy policy, so you are requested to visit this page from time to time.
If you have any questions about our Privacy Policy, call us +8801730482281
Last Updated: 29/10/2022