BondHeal Services Private Limited: Updated Comprehensive Terms of Use

1. What BondHeal Is (and Is Not)

• The Facilitator: BondHeal is a Technology Platform / Intermediary that connects people in need (Campaigners) with those who want to help (Donors).
• What We Are NOT: We are not a Bank or a Financial Institution. We are not a Charity or an NGO; we are a for-profit service provider. We are not a Broker or Investment Advisor. Contributions are philanthropic donations and do not offer any financial return, interest, or equity.

2. For Donors (People Giving Money)

• Risk Acknowledgement: Donors contribute at their own risk. While BondHeal performs "Reasonable Effort" verification, we do not 100% guarantee the accuracy of any story or medical bill.
• Finality of Payment: Once a donation is made and the funds are disbursed to the beneficiary, the payment is final and non-refundable.
• Tax Benefits: If a campaign is 80G eligible, BondHeal only facilitates the delivery of the certificate. The legal responsibility to provide a valid tax-exempt certificate rests solely with the NGO/Campaigner.
• Consent to Communication: By donating, you agree to receive campaign updates and marketing communications via WhatsApp, Email, and SMS.

3. For Campaign Organizers (People Raising Money)

• The Truth Mandate: You warrant that all information (stories, medical bills, photos) is 100% authentic. Providing fake documents is a criminal offense, and BondHeal will report such cases to the Economic Offences Wing (EOW).
• Direct-to-Beneficiary Payouts: For medical causes, BondHeal reserves the right to pay hospitals/pharmacies directly. Personal bank transfers are subject to strict "Verification SOPs."
• Exclusivity: By launching on BondHeal, you agree not to crowdfund on any other platform simultaneously for the same cause. Breach of this leads to immediate termination and fund freeze.

4. Prohibited Activities

Users are strictly prohibited from raising funds for:

• Illegal Items: Drugs, weapons, narcotics, or steroids.
• Political/Religious Gains: Election expenses, political lobbying, or religious evangelism (prohibited under FCRA).
• Unethical Imagery: Photos of children without parental consent, nudity, or "staged" vulnerability (forcing patients to cry for videos).
• Fake AI Content: Using AI/Deepfakes to manufacture a crisis without a prominent "AI-Generated" label.

5. Patient Death & Fund Redirection Policy

In the unfortunate event of the patient’s/beneficiary's demise during or after a Campaign:

• Priority of Funds: Collected funds will first be used to settle all outstanding hospital bills and medical dues.
• Reimbursements: Any funds remaining after hospital settlement may be used to reimburse the family for verified medical expenses already incurred, subject to BondHeal's Trust & Safety audit.
• Redirection: Any surplus funds remaining after the above shall be redirected by BondHeal, at its sole discretion, to other similar medical Campaigns on the Platform to maximize social impact. Donors waive the right to a refund in favor of this redirection.

6. Liability and Disputes

• Intermediary Immunity: Under Section 79 of the IT Act, BondHeal is not liable for content posted by users. Our liability is limited to removing illegal content within the 36-hour legal window once notified.
• Limitation of Liability: In no event shall BondHeal’s total liability exceed the Platform Fee earned from that specific campaign or ₹1,000, whichever is lower.
• Indemnity: The Campaigner agrees to indemnify and pay for BondHeal’s legal defense if BondHeal is sued because of the Campaigner’s fraud or negligence.

7. Intellectual Property & Marketing License

• Ownership: While the Campaigner retains ownership of their personal stories, by posting on the Platform, the Campaigner grants BondHeal a worldwide, perpetual, royalty-free, and irrevocable license to use, host, store, reproduce, and modify the Campaign Materials (photos, videos, and text).
• Marketing Rights: BondHeal may use these Materials for marketing, promotional advertisements, social media outreach, and "Success Stories" to further the reach of the Platform and its mission.
• Attribution: BondHeal reserves the right to display its logo ("Powered by BondHeal") on all campaign-related content and marketing collaterals.

8. Fees and Charges

• Transparency: All funds raised are subject to a Platform Fee (0% to 5%) and Payment Gateway Charges (3% + GST).
• Voluntary Tip: BondHeal may provide Donors the option to pay a voluntary "Tip" to support the Platform. This Tip is non-refundable.

9. Legal and Compliance (AML/KYC)

• Anti-Money Laundering (AML): We follow strict RBI/PMLA guidelines. Any suspicious transaction will be flagged to the Financial Intelligence Unit (FIU).
• KYC Levels:
  • Level 1: Mobile/Email OTP verification.
  • Level 2: PAN/Aadhaar masking and automated verification.
  • Level 3: Video KYC, and Hospital Document Verification.

10. Dispute Resolution and Governing Law

• Governing Law: These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India.
• Exclusive Jurisdiction: You expressly agree that for any legal proceedings not subject to arbitration, the place of jurisdiction shall be exclusively in Gurgaon, Haryana.
• Mandatory Arbitration: Any dispute involving BondHeal, whether as a formal party or otherwise, shall be resolved by arbitration of a sole arbitrator. The arbitration shall be conducted in accordance with the Indian Arbitration and Conciliation Act, 1996, as amended from time to time.
• Seat and Venue: The seat and venue of arbitration shall be Gurgaon, Haryana. The language to be used in all proceedings shall be English.
• Appointment of Arbitrator: BondHeal and the User agree to arbitrate all disputes. The Sole Arbitrator shall be appointed by mutual consent; however, if the parties fail to agree within 15 days, BondHeal shall provide a panel of three (3) neutral nominees from which the User must select one.
• Scope of Arbitration: This agreement to arbitrate includes claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including claims that arise after the termination of these Terms of Use.

11. Limitation of Action (The "1-Year Rule")

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of BondHeal Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12. Limitation of Liability (Financial Cap)

Total Liability Cap: In no event shall BondHeal’s total liability to you for all damages, losses, or causes of action exceed the amount you have paid to BondHeal in the last six (6) months, or one thousand Indian Rupees (₹1,000), whichever is lower.