- Introduction:
1.1. This Terms and Conditions for Help Seeker (“Help Seeker T&C”) shall constitute an agreement between the Help Seeker ("you" and "your"), and Shout For Help, its licensors, subsidiaries, associates, affiliates and partners ("us", “we” and "our").
1.2. We operate the platform (“Platform”) comprising of the website at domain name _______ (“Site”) and related mobile application (“App”) along with the associated software (“Software”).
1.3. This Help Seeker T&C governs your use of the Online Platform, the use of services (“Services”) thereof as a Help Seeker. By accessing, using the Online Platform you are agreeing to be bound by all the clauses of this User Agreement.
1.4. This document is an electronic record as defined under 2 (t) of the Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.5. This document is displayed by virtue of a legal requirement under the provisions of the Information Technology Act, 2000 that require 'intermediaries' to publish the rules and regulations, privacy policy and terms for access or usage of Our Platform and is primarily governed by Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.
1.6. By using or visiting the Platform or availing any Services, Software, data feeds, and other services provided to users on, from, or through the Platform you signify your agreement to (1) the terms and conditions under this Help Seeker T&C. (2) our Privacy Policy found at https://www.shoutforhelp.org/privacy-policy and incorporated herein by reference, and (3) the General User Terms which are incorporated herein by reference. If you do not agree to any of these terms, the Privacy Policy, or the General User Terms, please do not use the Service.
1.7. We reserve the right, at our sole discretion, to change, modify, add or remove these Help Seekers T&C, in part or in whole, at any time, without prior notice to you. It is your responsibility and duty to check these Help Seeker T&C periodically for changes. Your continued use of the Online Platform as a Help Seeker following the posting of changes will mean that you accept and agree to the changes.
- Definitions:
2.1. “Experts” shall mean and include the persons who are medical practitioners, lawyers, professors, counsellors, educationists, high-net worth individuals, philanthropists, corporate professionals, non-profit organisations, corporate entities willing to provide charitable services as part of corporate social responsibility, film and media personalities, and celebrities who are registered with the Platform as experts and who are willing to help, advice, Support & guide the Help Seekers.
2.2. “Help Seeker” shall for the purpose of this Help Seekers T&C mean an Indian citizen registered with the Platform and seeking help of any kind or advice from the Experts registered with the Platform, including but not limited to individuals like artisans, agriculturists, skilled, semi-skilled and unskilled labours, small traders, and any other person who is in dire need of help.
2.3. “Money Laundering” shall mean any act or attempt (directly or indirectly and even by association in one step or by series of transactions) to conceal or disguise the origin and ownership of proceeds obtained illegally, and to make it appear to have originated from legitimate sources; thus, avoiding prosecution, conviction and confiscation of such proceeds.
2.4. “Personal Data” means any information that relates to a natural person, which, either directly or indirectly, or in combination with other information available is capable of identifying such person and includes but is not limited to aadhaar numbers, pan card details, financial information, credit information, criminal records, medical records and diagnosis history, etc
2.5. “Requirement” shall mean the requirement of the User including but limited to the need for help, advice, guidance and support in relation to monetary issues, family problems, Healthcare related, financial related, education related, legal issues related,
- Terms of Usage:
3.1. As a Help Seeker, you shall post your Requirement on the Platform by providing all the details that are necessary for an Expert to understand and analyse the situation and thereby provide the necessary assistance.
3.2. Based on the facts provided by you, the Experts at their discretion will respond to your Requirement.
3.3. You shall promptly submit elaborate proofs of your Requirement as and when requested by us or by the Experts.
3.4. Merely posting your Requirement on the Platform does not guarantee resolution or addressing of your Requirement.
3.5. The Platform shall not be liable in any way for non-fulfilment of your Requirement or any loss, damage incurred by the use of the Platform.
3.6. You shall provide any other additional information as and when requested by the Experts for the purpose of addressing your Requirement.
3.7. You shall update the status of your Requirement from time to time and on fulfilment of your Requirement through the Platform or by external means.
3.8. You further agree that by using the Platform, you shall at all times abide to the Applicable Laws including but not limited to the Income Tax Act, 1961, the Foreign Contributions Regulation Act, 2010, the Information Technology Act, 2000 as well as all rules and regulations made under the respective laws and as amended from time to time.
- Disclaimer:
4.1. The Platform provides you with a forum to interact with Experts who have registered with us. You agree and acknowledge that the Platform is an intermediary as defined under Section 2(1) (w) of the Information and Technology Act 2000 for the purpose of facilitating the Services through the Online Platform. Therefore, any dispute among the Platform users shall be amicably settled and the Online Platform shall not be party to any such dispute and shall have no liability regarding such disputes.
4.2. You understand and acknowledge that information provided on the Platform by Experts including but not limited to lawyers, medical professionals, chartered accountants, etc is provided on voluntary and non-monetary basis
4.3. You agree and acknowledge that you shall not solely rely on the information provided on the Platform and that you will seek professional advice from external sources as per your Requirement, as and when necessary.
4.4. You understand that the Platform may not verify licences of lawyers, chartered accountants, medical doctors and other professionals who have registered on the Platform as Experts.
4.5. You understand that the Platform is not an advertising service for Experts, and that the listing of Experts does not constitute a referral or endorsement of the Experts by the Platform in any manner whatsoever.
4.6. You agree and acknowledge that the Personal Data provided by you on the Platform will be accessed by the Experts to address your Requirement. The Experts shall use the Personal Data only to address your Requirement. However, in the event of any data breach or the abuse of your Personal Data by the Expert, you understand and acknowledge that the Platform shall not be liable. For more details on data privacy, you may refer to our Privacy Policy.
- Anti-Money Laundering
5.1. Help Seeker availing contributions or donations from Experts should ensure that no funds generated through contributions or donations be used for any unlawful activity including but not limited to acts punishable under the Money Laundering.
5.2. You shall ensure that the transactions contemplated between you and the Expert shall always comply with anti-money laundering laws and any other Applicable Laws. You shall ensure that all such transactions shall be done through legally acceptable banking channels.
5.3. Similarly, you shall report without delay, to us of any suspicious activity you may come across on the Platform.
- No-Misrepresentation:
6.1. You agree and acknowledge that you shall not misrepresent the facts of the Requirement. The Platform and the Expert reserve right to initiate criminal proceedings under the Applicable Law if you are found to have mis-represented the facts and misled the Platform or the Experts or both.
- General User Terms:
7.1. All other terms provided under the General User Terms available herein shall be applicable to your use of the Platform as a Help Seeker.
7.2. Terms capitalised and not defined herein, shall have the meaning as ascribed to them under the General User Terms.
- If you are an Expert, these Expert Terms and Conditions additionally as given below shall be applicable to you.
- Introduction:
1.1. This Terms and Conditions for Experts (“Expert T&C”) shall constitute an agreement between the Expert ("you" and "your"), and LK Foundation Trust, (www.ShoutForHelp.org ), its licensors, subsidiaries, associates, affiliates and partners ("us", “we” and "our").
1.2. We operate the platform (“Platform”) comprising of the website at domain name www.shoutforhelp.org (“Site”) and related mobile application (“App”) along with the associated software (“Software”).
1.3. This Expert T&C governs your use of the Online Platform, the use of services (“Services”) thereof as an Expert. By accessing, using the Online Platform you are agreeing to be bound by all the clauses of this User Agreement.
1.4. This document is an electronic record as defined under 2 (t) of the Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.5. This document is displayed by virtue of a legal requirement under the provisions of the Information Technology Act, 2000 that require 'intermediaries' to publish the rules and regulations, privacy policy and terms for access or usage of Our Platform and is primarily governed by Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.
1.6. By using or visiting the Platform or availing any Services, Software, data feeds, and other services provided to users on, from, or through the Platform you signify your agreement to (1) the terms and conditions under this Expert T&C. (2) our Privacy Policy found at https://www.shoutforhelp.org/privacy-policy and incorporated herein by reference, and (3) the General User Terms which are incorporated herein by reference. If you do not agree to any of these terms, the Privacy Policy, or the General User Terms, please do not use the Service.
1.7. We reserve the right, at our sole discretion, to change, modify, add or remove these Expert T&C, in part or in whole, at any time, without prior notice to you. It is your responsibility and duty to check these Expert T&C periodically for changes. Your continued use of the Online Platform as an Expert following the posting of changes will mean that you accept and agree to the changes.
- Definitions:
2.1. “Expert” shall mean and include the persons who are medical practitioners, lawyers, professors, counselors, educationists, high-net-worth individuals, philanthropists, corporate professionals, non-profit organisations, corporate entities willing to provide charitable services as part of corporate social responsibility, film and media personalities, and celebrities who are registered with the Platform as experts and who are willing to help, advice, guide the Help Seekers.
2.2. “Help Seeker” shall for the purpose of this Expert T&C mean an individual registered with the Platform, who is an Indian citizen, seeking help of any kind or advice from the Experts registered with the Platform, including but not limited to individuals like artisans, agriculturists, skilled, semi-skilled; and unskilled labourers, and small traders or any other person who is in dire need of help.
2.3. “Money Laundering” shall mean any act or attempt (directly or indirectly and even by association in one step or by series of transactions) to conceal or disguise the origin and ownership of proceeds obtained illegally, and to make it appear to have originated from legitimate sources; thus avoiding prosecution, conviction and confiscation of such proceeds.
2.4. “Personal Data” means any information that relates to a natural person, which, either directly or indirectly, or in combination with other information available is capable of identifying such person and includes but is not limited to aadhaar numbers, pan card numbers, financial information, credit information, crime records, judicial proceedings, medical records and diagnosis history, etc
2.5. “Requirement” shall mean the requirement of the User including but limited to the need for help, advice, guidance and support in relation to monetary issues, family problems, healthcare, financial, education & legal issues.
- Terms of Usage:
3.1. As an Expert, you shall register on the Platform by providing all the relevant details as may be required and conveyed by us at the time of your registration or from time to time.
3.2. You shall provide proofs including but not limited to your professional qualifications, identity, etc as and when requested by us. If you are an incorporated entity, you shall provide details of incorporation, authorized signatory details, letter of authorisation; if you are non-profit you shall provide details of your registration details, letter of authorisation and any other valid documentary evidence. If you are an individual, you shall provide details of your identification, licences, and any other relevant documents.
3.3. You agree and acknowledge that as an Expert you shall provide your service, advice, guidance on a pure voluntary and non-monetary basis. Any monetary donation to the Help Seeker towards the Requirement shall solely be at your own discretion. The Platform does not guarantee the accuracy and correctness of the information provided by the Help Seeker and shall not take responsibility for any monetary/non-monetary loss incurred by an Expert.
3.4. You shall while providing your service, advice and guidance to the Help Seeker, exercise such due diligence and care as to the accuracy and correctness of the information provided by such.
- Disclaimer:
4.1. The Platform merely provides you with an online forum to interact with Help Seeker who have registered with us. You agree and acknowledge that the Platform is an intermediary as defined under Section 2(1) (w) of the Information and Technology Act 2000 for the purpose of facilitating the Services through the Online Platform. Therefore, any dispute among the Platform users shall be amicably settled and the Online Platform shall not be party to any such dispute and shall have no liability regarding such disputes.
4.2. You understand and acknowledge that information provided by you through the Platform is solely on a voluntary basis within your professional limits and is entirely non-monetary in nature.
4.3. You agree and acknowledge that you may receive Personal Data from the Help Seeker and it is your sole responsibiltiy to use the same only for the Requirement of the Help Seeker. In the event of any data breach from your end or abuse of Personal Data of the Help Seeker by you, you shall be solely liable to the Help Seeker. For more details on data privacy, you may refer to our Privacy Policy.
4.4. You agree and acknowledge that you shall only use the Platform subject to the professional conditions as may be applicable to you. For example: if you are a lawyer you are bound by the rules and regulations issued by Bar Council of India; if you are a medical practitioner you shall be bound by the rules and regulations issued by Medical Council of India.
- Anti-Money Laundering:
5.1. Experts contributing or donating to the Help Seeker in monetary terms should ensure that no funds used to contribute or donate shall originate from any unlawful activity including but not limited to Money Laundering.
5.2. You shall ensure that the transactions contemplated between you and the Help Seeker shall always comply with anti-money laundering laws and any other Applicable Laws. You shall ensure that all such transactions shall be done through legally acceptable banking channels.
5.3. You shall also report to us at the earliest, of any suspicious activity you may come across on the Platform.
- No-Misrepresentation:
6.1. You agree and acknowledge that you shall not misrepresent the facts as to your qualification, personal details, etc. The Platform and the Help Seeker reserve right to initiate criminal proceedings under the Applicable Law if you are found to have misrepresented and misled the Platform or the or both in any manner whatsoever.
- General User Terms:
7.1. All other terms provided under the General User Terms available herein above shall be applicable to your use of the Platform as an Expert.
7.2. Terms capitalised and not defined herein, shall have the meaning as ascribed to them under the General User Terms
- TERMINATION
- You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services. If you stop using the Services without deactivating your Accounts, your Accounts may be deactivated due to prolonged inactivity.
- We may suspend or terminate your Account, or ability to access or use the Services at any time for any or no reason, including for a violation of the terms under this User Agreement or Additional Terms.
- We reserve right to terminate any Service at any point of time.
- Miscellaneous
- Independent Parties
The Parties hereto acknowledge and confirm that in performing their obligations under this User Agreement, each is acting independently and in its individual capacity. They are not and shall not be considered as joint ventures, partners, agents, franchisers/ franchisees, or employers/employees of each other and neither shall have the power to bind or obligate the other or contract in the other's name. Nothing in these Terms and Conditions shall render and construe you as an officer, employee, worker, agent or partner of Us.
- Confidentiality
Each Party undertakes that it shall not at any time after the date of this User Agreement (or, if later, the date it became a party to it) use, divulge or communicate to any Person (except to its/his/her professional representatives or advisers or as may be required by law or any legal or regulatory authority or upon necessity) any Confidential Information concerning these Terms and Conditions, the business or affairs of the other Party which may have (or may in future) come to its knowledge, and each of the Parties shall use its reasonable endeavours to prevent the publication or disclosure of any Confidential Information concerning such matters.
- Waiver
No failure or delay by a Party to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Unless specifically provided otherwise, rights and remedies arising under these Terms and Conditions are cumulative and do not exclude rights and remedies provided by law.
- Assignment
You shall not assign, or grant any encumbrance over, or deal in any way with, any of its rights under these terms and conditions or any document referred to in it, or purport to do any of the same, without, in each case, the prior written consent of Us and any such assignment in violation thereof, shall be null and void ab initio. We shall at our sole discretion may assign the rights and obligations under this User Agreement to any third party.
- Severability
If any provision of these Terms and Conditions or any part of any such provision is held to be invalid, or unenforceable, such provision or part (as the case may be) shall be ineffective only to the extent of such invalidity, or unenforceability, without rendering invalid, or unenforceable or otherwise prejudicing or affecting the remainder of such provision or any other provision of this User Agreement