Terms and Conditions

Please read these Terms of Use/Terms and Conditions carefully before using controlaltdelete.in (the ‘website or the ‘Site’), owned by parent company Control Alt Delete (the ‘company’). This agreement sets forth the legally binding terms and conditions for your use of the website. By using the service/services 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.

Summary of Service

Control Alt Delete is an online platform that runs campaigns to raise funds for their series of crowd-funded concerts across India. Funds are raised 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”). 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 funding or contributing fundraising campaign on Control Alt Delete, you as the funder/contributor accept that offer and the contract between the Control Alt Delete and the funder/contributor. Control Alt Delete is not a party to that agreement between the Control Alt Delete and the funder/contributor. All dealings are solely between Users.

Acceptance of Terms

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 website) 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 Site without notice to you. In addition, some Services offered through the Site may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

The Services of the Site is available only to individuals who need their funds transferred to an Indian bank account. The Company may, in its sole discretion, refuse to offer the Site’s services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site’s services is revoked in those jurisdictions.

Modification of Terms of Use

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 website without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Registration

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 register with the Company and it’s Site and create a User profile using a “User ID” and password. The Site also allows you to use your Facebook profile as your login preference; however, the Site does not post or publish anything on your Facebook profile without your permission. Also, please note that Facebook has a standard login procedure, which you must follow as a user; Control Alt Delete has no control over Facebook’s login procedure. 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 (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. 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.

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 the final recipients of any funds from the contributors directly
  • Collects the funds in the Company bank account
  • 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

Control Alt Delete’s rights

Control Alt Delete reserves the right to make changes in its technology platform or crowdfunding services at anytime as it sees fit with due notification to Control Alt Delete and other users. Users are requested to keep themselves updated with all changes on Control Alt Delete’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.

Third-Party Sites

The Site may permit funders 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

Registration

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 Control Alt Delete and use their FB profile picture as the profile picture of their Control Alt Delete account. The Site does not publish any content on their Facebook profiles without their permission.

Payment details

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 Control Alt Delete.

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., Control Alt Delete.

Payment details

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, CC Avenue, 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 Control Alt Delete 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

Contributors will get a refund of their contribution in case the campaign they are funding fails to achieve its target. The contributors agree to receive the refund through a couriered cheque. In case of a refund, the contributor agrees to let the Site deduct it’s payment gateway charges and cheque courier charges from the contribution.

A contributor cannot ask for a refund if a campaign he/she funded met its target. The contributors relieve the company or the Site or Control Alt Delete from any obligation to make a refund in such a case.

A contributor can ask for a refund if Control Alt Delete fails to deliver the rewards he/she promised to the contributor in exchange for his contribution. Similarly,

Control Alt Delete may cancel or refund a contribution at any time and for any reason, and if they do so, are not required to deliver the reward.

International contributors will not get a refund once a transaction is made on the Site to a campaign chosen by them. In case a campaign is discontinued or doesn’t meet it’s target, the foreign contributions are passed on to the campaign owner. If any refund is required by the international contributors, they will have to directly connect with the campaign owner for the same.

Project completion

The Company or the Site oversees the performance or punctuality of projects, but does not guarantee the completion of projects. Contributors, 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.

Rewards delivery

Contribution towards the favourite campaign on the Site will be solely considered a voluntary contribution for which contributors will receive the incentive/reward mentioned in the amount slab chosen by the contributor. The Estimated Delivery Date of the reward given by Control Alt Delete is not a promise to deliver the reward by that date, but is merely an estimate of when Control Alt Delete hopes to deliver the reward.

Delivery and fulfilment of the promised rewards to the contributors is the sole responsibility of Control Alt Delete. The Company or the Site shall not be responsible for any liabilities resulting from contributors’ dissatisfaction in relation to issues around incentives/rewards to be offered and fulfilled by the campaign owners.

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 Control Alt Delete.

Dispute between Control Alt Delete and 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

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:

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. controlaltdelete.in reserves the right not to comment on the reasons for any of these actions.

Termination

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.

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.

Indemnification

The contributor will not hold Control Alt Delete responsible in the event of target not met. The contributor will also not hold Control Alt Delete responsible for any unforeseen technical glitches such as but not limited to website down for maintenance, server errors, speed of website download, any viruses in the website etc., that might affect transaction activity on their campaigns. Additionally, users shall defend, indemnify and hold harmless Control Alt Delete, it’s affiliates, employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your 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. Control Alt Delete 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 controlaltdelete.in asserting any available defenses.

Limitation of Liabilty

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

By using the Site, you consent to receive from the Company, all communications including notices, agreements, legally required disclosures, or other information in connection with the Site (collectively, “Contract Notices”) electronically. The Company may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Site.

This agreement and each Terms of Use shall be governed by and constructed in accordance with the laws of india without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai.

Governing Law

This agreement and Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai.

Integration and Severability

These Terms of Use and other referenced material are the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous

 

 

 

 

The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with the Company’s prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.