backk.org is a platform for giving and charitable donations. 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 backk.org.
Any contribution on backk.org, by an individual, should not be construed as an investment in any form whatsoever.
These terms and conditions apply in addition to any other terms and conditions that the Company or its affiliated organizations may ask you to sign at the time of making the contribution. The Company may ask you to sign specific terms and conditions at different point of activities on the website.
Summary of Service
Backk is an online platform where certain users (‘Campaigners’) run campaigns to raise funds for their creative & innovative projects. They raise funds by asking for contributions from other users (‘contributors’ or ‘funders’) in return for tangible and intangible rewards. Through the Site, email, websites, and other media, the Company makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Campaigners, contributors or funders, and other visitors (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. “User Submissions” means any Content Submitted by Users. By creating a fundraising campaign on Backk, you as the campaigner are offering the public the opportunity to enter into a contract with you. By funding or contributing fundraising campaign on Backk, you as the funder/contributor accept that offer and the contract between the campaigner and the funder/contributor. Backk is not a party to that agreement between the campaigner and the funder/contributor. All dealings are solely between Users.
Acceptance of Terms
Fund transaction and accountability
The Site offers various payment gateways to facilitate transaction of funds for campaigns. However, it may be noted that the Site or the Company:
Are not the final recipients of any funds from the contributors directly, but a service provider, which enables receipt of funds (both domestic and foreign) by campaign owners, who are the final recipient of funds.
Collects the funds in the Company bank account till the campaign is running for a time period chosen by the campaigner. And transfers the funds to the campaign’s bank account 15 days after the campaign’s time period has ended
Makes refunds after deducting necessary transaction fee to the contributor, who has chosen to get a refund in the event of a campaign not being able to raise it’s target amount
Does not generate contributions and contributors for a campaign
Does not guarantee that the target funds of a campaign will be raised fully
Does not offer the platform to users for investing in a project for the purpose of equity, loans/debt, or profit sharing
Terms and Conditions for Fundraisers (Those Who Want To Raise Funds)
You are solely responsible for utilizing the funds for the Purpose mentioned in our fund-raising page. The Company is not responsible in any way whatsoever towards the end utilization of funds.
This fund-raising page on the Platform will be available to the general public for contributions for designated period from the time You published the page on the Platform. You may or may not be able to raise the targeted amount in the designated period. The Company at its sole discretion may extend the tenor of hosting or may remove this fund-raising page.
The Company will not be responsible in any way whatsoever on the amount of contributions received.
The Company will collect contributions online, and will provide the total amount to us. Therefore, you shall receive the funds within 15 days from the time campaign gets over. The Platform will provide us the list of contributors, and their respective contribution amount at the time of transfer of funds.
You understand that the funds are not owned by the Company. You completely agree to the disbursement of funds after 15 days for the ease of operations.
In case of contributions outside India, You have the necessary regulatory permissions to receive such funds, Such permissions include but are not limited to the Foreign Contributions Registration Act (FCRA), and others mandated my regulatory authorities.
Backk and the payment gateway will deduct their fees and applicable taxes before providing the funds to us.
If applicable, You shall issue Tax Rebate certificates for Indian contributions only to the extent of the monies received by us; i.e. the amount contributed minus the fees charged by Backk and the payment gateway. In such a scenario, the Platform has clearly mentioned to all Contributors about the availability of such funds
You hereby indemnify and agree to keep indemnified and hold safe and harmless the Company, its Directors, employees and agents against all such liabilities or claims and also against any loss or damage that may arise on the Party, its Directors, employees and agents on account of acts of omission, utilization of funds by us on anything other than the stated Purpose, lack of necessary regulatory approvals for receipt of funds in any form or for carrying out the activities required for execution of the Purpose. The indemnities if any shall survive beyond the period of the Agreement.
In no event will the Company be liable for any indirect, incidental or consequential damages (including loss of profit or business), howsoever arising, whether under contract, tort or otherwise, even if informed of the possibility of the same.
This Agreement shall be governed by and construed under the applicable laws of the Indian Union, and in respect of any suit, action or proceeding arising out of this Agreement to the jurisdiction of the courts of Mumbai, India only.
This Agreement shall be valid for a period of 180 days from the date of signature. The Company may terminate the agreement at any point of time should it have material evidence of wrong utilization of funds, or absence of requisite regulatory approvals to raise funds or carry out the Purpose.
Fund transfer and management
Backk only enables the flow of funds from funders to campaigners and is not the final recipient of funds raised on its platform, unless running a proprietary crowdfunding campaign. Backk deducts its transaction fees (including service tax) and transfers the net amount. If the campaigner has not met their funding goal, the transfer amount does not include the contributions chosen for a refund.
Note for Ngos: You have to be registered/approved with FCRA to be able to receive foreign donations. Else foreign contributions will be restricted on your campaign.
Campaigners must bear any tax liabilities on the funds raised through Backk. These taxes may include, but are not limited to, income tax, VAT, and service tax applicable on the fund’s raised or on the procurement of rewards. Backk is not liable to provide any tax or legal advice to campaigners in addition to the information already provided in our FAQs section.
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. The Company 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. Similarly, the Company or the Website 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 contributors. The contributors are free to get in touch with the campaign owner directly and solving any dispute that arises regarding the campaign or the project.
Backk branding & marketing
Campaigners must include Backk’s logo branding on all project and/or campaign related marketing collaterals, whether online or offline (e.g., online banners, offline flyers) as per Backk’s brand and logo guidelines. Backk should be credited as the project’s “Online Crowdfunding Partner” at campaign or project related offline events. Also successful campaigners are obliged to attend and/or lead Backk’s branding & marketing activities such as events, ad videos, interviews, etc.
Backk reserves the right to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. Backk is not liable for any damages as a result of any of those actions. Backk’s policy is not to comment on the reasons for any of those actions.
Backk reserves the right to make changes in its technology platform or crowdfunding services at anytime as it sees fit with due notification to campaigners and other users. Backk will not tailor it’s offering to various campaigners. Users are requested to keep themselves updated with all changes on Backk’s platform and policies by regularly checking its FAQs or with the Company directly.
The Company will not have any ownership rights over your User Submissions and Content. However, the Company will get the license to perform and market the Site on your behalf and on behalf of its other Users and itself. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to)
(i) 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
(a) the Site,
(b) the Company’s (and its successors’ and assigns’) businesses,
(c) 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);
(ii) take whatever other action is required to perform and market the Service;
(iii) 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
(iv) 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.
The Site may permit campaign owners 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
Terms and conditions for funders or contributors (Those Who Want To Give Funds)
The Purpose, which the Recipient has been clearly declared on the fund-raising page, and I have clearly understood the project and the utilization of funds.
My contributions will go to the Recipient, and will be utilized by the Recipient. The Company is only facilitating the collection of contributions, and is not responsible in any way for the end utilization of the contributions.
The Company and the payment gateway will deduct their fees and applicable taxes before providing the funds to the Recipient. The Company will deduct the fees on behalf of the platform which has hosted the project profile in the internet, and has facilitated my contributions to the project. I understand that the fees are towards web hosting, marketing, and promotion, and that the Company is only facilitating in collection of the fees on behalf of the owners of the Platform.
Any receipt or Tax Deduction Certificate (for Indian contributors only) will be issued by the Recipient to the extent of the funds received, post deduction by Backk and the payment gateway. Whether such receipt will be provided has been clearly mentioned in the fun-raising page, and I have understood the same. The Company will not be responsible for any Tax certificates or benefits.
The Company will collect contributions from many sources and then provide the collective amount to the Recipient; therefore, my contribution may take 45 days – from the time I have made it – to reach the Recipient.
This Agreement shall be governed by and construed under the applicable laws of the Indian Union, and in respect of any suit, action or proceeding arising out of this Agreement to the jurisdiction of the courts of Mumbai, India only.
This Agreement shall be valid for a period of 180 days from the date of making the contribution. The Company can terminate the Agreement by providing a written notice of 30 days.
I understand that lending through Backk involves risk of principal loss, and Backk neither guarantees repayment nor offers a financial return on my contribution. I also understand that my loan will be treated subordinate to other institutional lenders of Backk.
Contributors 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 on Backk and use their FB profile picture as the profile picture of their Backk account. The Site does not publish any content on their Facebook profiles without their permission.
A contribution is a voluntary donation made by a contributor to a project’s campaign running on the Site for the purpose of raising funds. The contributor does not make the contribution for any monetary returns like equity or profit share in the project, neither is his/her contribution considered a loan to the project or its campaigner.
Fees and taxes
Contributors 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.
By funding a campaign, the contributors 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, for necessary & required details of their credit and debit cards for making an online contribution, or the accurate address for cash/cheque pick up to the Site’s offline collection vendors. Contributors agree to have sufficient funds or credit during making a contribution for a campaign. Contributors are informed that their credit and debit card related details are not provided to the Company or the Site by the online payment gateway & remain confidential.
Other contributor information
Contributors 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 ‘Contributor’ section of the campaign that is funded by them. However, contributors can choose to be “anonymous”, if they don’t wish to make themselves public. None of the contributors’ funding amount is made public by the Site. Furthermore, by providing the Site their contact details, contributors 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.
Refund & Cancellation
You make contributions on the website are made towards Projects or people with the social impact as the primary cause. You understand that this contribution is not for purchase of any goods or services. Therefore, the contributions once cleared by the payment gateway will go towards the project you intended to give to, and therefore cannot be refunded or cancelled.
In case the project is cancelled before the money is given by the Company to the project owner, the contributions will be refunded to designated bank accounts. The company will seek information, through e-mail, on your bank account for electronic transfer. The Company will refund the amount in 15 working days from the date of receipt of complete information. The Company will not be responsible for any wrong information. However, such refund will be subject to applicable payment gateway fees and taxes.
Rights of the project
Contributors 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.
Dispute between campaigners and their contributors
The Site or the Company 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 release the Site and Company, 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.
Rules and Conduct
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;
You know is false, misleading, or inaccurate;
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;
Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
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 the Company or any third party; or
Impersonates any person or entity, including any employee or representative of the Company
Users may not use the Company’s Site for activities that:
(i) violate any law, statute, ordinance or regulation;
(ii) relate to sales of
(a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety,
(b) drug paraphernalia,
(c) items that encourage, promote, facilitate or instruct others to engage in illegal activity,
(d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime,
(e) items that are considered obscene,
(f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction,
(g) certain sexually oriented materials or services, or
(h) ammunition, firearms, or certain firearm parts or accessories, or
(i) ,certain weapons or knives regulated under applicable law;
(iii) relate to transactions that
(a) show the personal information of third parties in violation of applicable law,
(b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs,
(c) 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,
(d) are by payment processors to collect payments on behalf of merchants,
(e), are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing,or
(f) provide certain credit repair or debt settlement services;
(iv) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
(v) violate applicable laws or industry regulations regarding the sale of
(a) tobacco products, or
(b) prescription drugs and devices;
(vi) 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.”
Additionally, you shall not:
(i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure;
(ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
(iii) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service);
(iv) run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or
(v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.You shall not directly or indirectly:
(i) 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;
(ii) modify, translate, or otherwise create derivative works of any part of the Service; or
(iii) 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:
(i) cancel, reject, interrupt, remove, or suspend a campaign or project;
(ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and
(ii) remove or block any User or User Submission. Backk.in reserves the right not to comment on the reasons for any of these actions.
Termination Warranty Disclaimer
The Company 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: (i) cancel, reject, interrupt, remove, or suspend a campaign or project; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. 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: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk. 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.
Content and License
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-sublicensable 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.
By submitting Content (User Submissions) on the Site, you agree to the following terms:
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, sublicensable, transferable right to (and to allow others acting on its behalf to)
(i) 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 (a) the Service, (b) the Company’s (and its successors’ and assigns’) businesses, (c) 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);
(ii) take whatever other action is required to perform and market the Service;
(iii) 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 (iv) 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.
You are publishing your User Submission and you may be identified publicly by your name or User ID in association with your User Submission
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.
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 Backk all of the license rights granted herein
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
The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions
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 Service
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
Backk 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.
Backk reserves the right to ban repeat infringers of Intellectual property from using the Site Indemnification
Limitation of Liability
In no event shall the Company, 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 (i) 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 (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination).
Electronic Delivery, Notice Policy, and Your Consent
Integration and Severability