1. These ‘NGO Empanelment Terms and Conditions For www.thegoodstep.com’, including any amendments or modifications to the same (“Terms”) are applicable to and effective for all Recipients and Eligible Persons, as may be applicable, in relation to or arising out of their access or usage of the domain ‘www.thegoodstep.com’ (“Website”) (including the Empanelment Process and any Transactions).
2. The Website is owned by and registered in the name of Eco-Goodstep Solutions LLP, having its registered office at 306, F 3rd, W P.53, Panchsheel C Road Churchgate Rly Station, P M Shukla Marg, Churchgate, Mumbai, Maharashtra 400020 (“Company”).
3.All Recipients are required to read these Terms carefully. By submitting an Expression of Interest or signing an Empanelment Confirmation Letter, by an Eligible Person or Recipient, respectively, and accessing or using the Website for such purposes, the Eligible Person / Recipient acknowledges and agrees to these Terms and concludes a legally binding contract with the Company.
1. ‘Applicable Laws’ shall mean all applicable national, foreign, provincial, local or other law including all applicable provisions of all: (a) constitutions, decrees, treaties, statutes, enactments, laws (including the common law), codes, notifications, rules, regulations, policies, guidelines, circulars, directions, directives, ordinances or orders, decisions, injunctions, judgments, awards and decrees of or agreements of any governmental authority, statutory authority, court, tribunal having jurisdiction over the parties (Company, Eligible Person and Recipient); and (b) approvals from governmental authority.
2. ‘Approved Charitable and Social Impact Activities’ means only those charitable and social impact-oriented activities which are: (i) approved by the Company as part of the Empanelment Process; (ii) set out expressly and in detail in the Empanelment Confirmation Letter; and (iii) reported on expressly and in reasonable detail in the Recipient Reportings.
3. ‘Company’ shall mean Eco-Goodstep Solutions LLP, having its registered office at 306, F 3rd, W P.53, Panchsheel C Road Churchgate Rly Station, P M Shukla Marg, Churchgate, Mumbai, Maharashtra 400020.
4. ‘Donor’ shall mean any person or entity who participates in a Transaction by transmitting funds to the Recipient through the Payment Domain.
5. ‘Eligible Person’ shall mean a legally subsisting company, trust or body corporate with its primary objective being a charitable purpose or social objective.
6. ‘Person’ shall mean any individual (including personal representatives, executors or heirs of a deceased individual) or legal entity, including but not limited to, proprietorship, Hindu undivided family, joint venture, corporation, association, estate, trust, unincorporated association or organisation, limited or unlimited liability company, partnership (whether limited or unlimited), governmental authority, single business unit, division or undertaking works council or employee representative body (whether or not having separate legal personality), single business unit, division or undertaking of any of the above or, any other legal entity, individual or government, state or agency of a state.
7. ‘Empanelment Confirmation Letter’ shall mean the document shared by the Company with the Eligible Person, in accordance with the Empanelment Process, requiring the Eligible Person to confirm acceptance of these Terms and empanelment as a Recipient.
8.‘Empanelment Process’ shall mean the process for empanelment of Eligible Persons as Recipients, as set out in Schedule I.
9.‘Expression of Interest’ shall refer to the document titled ‘Expression of Interest’ and available on the Website, required to be submitted by the Eligible Person to the Company, in the manner contemplated under the Empanelment Process.
10.‘Payment Domain’ shall have the meaning ascribed to it under Clause V(2).
11.‘Recipient’ shall mean any Eligible Person confirmed as a ‘Recipient’ by the Company in accordance with the Empanelment Process.
12.‘Recipient Breach’ shall have the meaning ascribed to such term under Clause VIII(1).
13. ‘Recipient Information’ shall mean collectively, Recipient Stage 1 Information, Recipient Stage 2 Information, Recipient Stage 3 Information.
14.‘Recipient Reportings’ shall have the meaning ascribed to such term under Clause V(3).
15. ‘Recipient Stage 1 Information’ shall have the meaning ascribed to it in Clause 1 of Schedule I.
16.‘Recipient Stage 2 Information’ shall mean all such information or documents submitted by the Recipient as part of stage 2 of the Empanelment Process, as provided under Clause 2 of Schedule I.
17. ‘Recipient Stage 3 Information’ shall have the meaning ascribed to it in Clause 3 of Schedule I.
18.‘Terms’ shall have the meaning ascribed to such term under Clause I(1).
19.‘Transaction’ shall have the meaning ascribed to such term under Clause V(2).
20.‘Website’ shall have the meaning ascribed to such term under Clause I(1).
1. An Eligible Person shall be considered as a Recipient only upon completion of the Empanelment Process including: receipt of the duly signed Empanelment Confirmation Letter by the Company. Provided that the Company may, at its sole discretion, waive the requirement of one or more steps under the Empanelment Process.
2. For the avoidance of doubt, it is clarified that a confirmation by the Company that an Eligible Person has cleared the evaluation criteria in a specific stage of the Empanelment Process does not in any manner preclude the Company from subsequently raising any queries in relation to any Recipient Information submitted in such stage of the Empanelment Process. Failure by the Recipient to address any such queries shall: (a) be considered a Recipient Breach, in the event the Eligible Person has been confirmed as a Recipient by the Company pursuant to these Terms; or (b) provide the Company the right to reject the candidacy of the Eligible Person to be empaneled as a Recipient.
3.It is further clarified that any information and / or documents (including the Recipient Information) provided by the Eligible Person and / or the Recipient as part of the Empanelment Process or otherwise by a Recipient in relation to its use of the Website or the Transaction, shall not in any manner whatsoever absolve the Eligible Person and / or the Recipient of its obligations under these Terms or constitute a waiver of any
1. Details of Donors shall be shared by entity owning the Payment Domain with the Recipient directly. For the avoidance of doubt, it is clarified that the Recipient shall not be responsible for the performance or conduct of the Donor and / or the entity owning the Payment Domain in any manner whatsoever including any act or omission arising out of the exchange of information, documents or payments between the Recipient and Donor and / or the entity owning the Payment Domain.
1. The Website enables Recipients to raise funds for Approved Charitable and Social Impact Activities.
1.To the extent that we are required to do so by law;
2.All payments made towards donations involving Donors and Recipients (“Transaction”) shall be facilitated and carried out through danamojo.org domain or any such payment domain as informed to the Recipient by the Company in writing (“Payment Domain”). Recipients are required to familiarise themselves with the terms and conditions applicable to the Payment Domain. For the avoidance of doubt it is clarified that the Company is in no manner whatsoever involved in the processing of the Transaction and is accordingly not responsible for any matters relating to or arising out of the Transaction or the Payment Domain, except as otherwise expressly stated in these Terms.
3. The Recipient shall send directly to the e-mail address provided by the Donor: (a) a detailed quarterly update and annual report including the details indicated in Schedule II; and (b) 80G issued in accordance with the provisions of the Income Tax Act, 1861, immediately on receipt of any amounts from a Donor and not later than 5 (five) days in any event; and (c) 10BE within 45 days of the end of a financial year (“Recipient Reportings”) The Company reserves to right to add additional reporting requirements to the Recipient Reportings provided that such additional requirements shall be enforced after providing at least 60 days’ notice to the Recipients.
1.The Recipient hereby represents and warrants that:
(a)it is a legally incorporated Eligible Person authorized under Applicable Laws to carry out the Approved Charitable and Social Impact Activities and continues to validly subsist in accordance with Applicable Laws.
(b)it is in compliance with all Applicable Laws, and its submission of the Recipient Information, (including the Empanelment Confirmation Letter) and Expression of Interest, and acceptance of these Terms or receiving any funds from the Donor through the Payment Domain, does not in any manner violate any Applicable Law or the legal rights of any third party(ies).
(c)The Recipient Information (including the Empanelment Confirmation Letter), Expression of Interest, Recipient Reportings and / or any other information or documents submitted by the Recipient pursuant to these Terms (even as an Eligible Person) is true, accurate and correct, and all information shared with the Company or Donor pursuant to or in relation to these Terms (including the Recipient Information and Recipient Reportings) shall remain true, accurate and correct during the period the Recipient is empaneled in accordance with these Terms.
(d)the person submitting the Recipient Information has been authorized by the Recipient to execute such actions.(e)it is not impersonating any other entity, providing any information other than its own, or providing false information. The Recipient acknowledges that any false, inaccurate or misleading information provided by the Recipient pursuant to these Terms may cause the Company to incur substantial economic damages and losses for which the Recipient may be held liable and accountable.
1.The Recipient agrees that all donations received by it from Donors pursuant to these Terms shall be utilised only for the Approved Charitable and Social Impact Activities and in compliance with Applicable Law.
2.The Recipient confirms that it shall not upload, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation to the Donor or any Person or make any representation or warranty on behalf of the Company with respect to or in relation to the Transaction, any acts contemplated under these Terms or the Recipient’s use of the Website, in any form or manner whatsoever.
3.The Company reserves the right to make additional terms applicable to any Recipient, impose any additional requirements or request any other information, with respect to, in relation to or arising out of these Terms or in relation to the Recipient’s use of the Website.
4.The Company reserves the right to undertake additional verification processes for any Recipient at the time of empanelment as well as on a recurring basis by requesting for any information concerning the Eligible Person / Recipient that in the opinion of the Company is necessary to verify. Failure by the Recipient to provide accurate and complete information within the timeline stipulated by the Company shall be a Recipient Breach and constitute a valid ground for disempanelment of the Recipient in accordance with Clause VIII below.
1. The Company reserves the right, at any time and without prior notice, to disempanel the Recipient, if in the opinion of the Company, such Recipient has breached these Terms or is in violation of Applicable Laws or has otherwise acted or intends to act in any manner that is harmful to the Company in any manner whatsoever including in cases such as where any Recipient Information or Recipient Reportings submitted were incorrect, misleading or inaccurate or have subsequently become incorrect, misleading or inaccurate (“Recipient Breach”). A determination as to whether an act by the Recipient constitutes a Recipient Breach shall be at the Company’s sole discretion. Subject to the requirements of Applicable Law, with effect from the date the Recipient Breach comes to the Company’s notice, the Company shall have no obligations towards the Recipient in any manner whatsoever.
2.Subject to the Recipient not having committed a Recipient Breach, the Company may, by providing prior notice of 10 (ten) days, disempanel such Recipient provided that such disempanelment under this Clause VIII(2) shall not cause any loss to the Recipient, prejudice its operations or any Transaction already entered into and / or any rights of the Recipient under these Terms.
3. The Recipient may submit a written request to the Company for voluntary disempanelment. The Company shall in considering such request take into account all factors such as donations received by the Recipient from the Donor pursuant to these Terms and pending utilization, and shall accordingly determine whether the Recipient’s request for voluntary disempanelment should be accepted. Provided that the Recipient has not committed a Recipient Breach, the Company shall endeavour to provide its acceptance for voluntary disempanelment within 15 (fifteen) days of receiving a request from the Recipient.
1.The Recipient acknowledges and provides its express consent to the Company to process or transfer Recipient Information on its behalf, strictly for purposes necessary for providing services or fulfilling its obligations under the Terms.
1.The Company may vary or amend or change or update these Terms, from time to time, provided that the Company shall inform the Recipient of any updates to the Terms prior to its implementation. The Recipients use of the Website and / or any benefit derived from Transactions after the Terms (including any updates to the same) shall be deemed as the Recipient’s express acceptance to such amended/changed terms and agreement to be bound by such changed/amended Terms.
1.Without limiting the generality of these Terms, in acting or deriving any benefit as a Recipient, the Recipient specifically agrees not to engage (or attempt to engage) in any activity that, in the Company’s sole discretion:
(i) Violate Company’s, Website’s or Donor’s guidelines and policies;
(ii) Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling or threatening the unity, integrity, defence, security or sovereignty of India, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence;
(iii) Violates any Applicable Law;
(iv) Impersonates another person or entity or conceal Recipient’s own identity;
(v) Is commercial in nature;
(vi) Asserts or implies that a donation made or accepted is in any way sponsored or endorsed by the Company;
(vii) Falsely states, misrepresents, or conceals Recipient’s affiliation with another Person;
(viii)Violates any third-party contract or fiduciary relationship;
(ix) Is patently false and untrue, intends to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
The Eligible Person / Recipient hereby agrees to indemnify the Company and undertake to keep the Company indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Company to a third party in settlement of a claim or dispute on the advice of the Company’s legal advisers) incurred by the Company in relation to Recipient Breach or Recipient’s act or omission with respect to or arising out the Transaction or act undertaken pursuant to these Terms.
The Company may transfer, sub-contract or otherwise deal with the Company’s rights and/or obligations under these Terms without notifying the Recipient or obtaining prior consent. The Recipient however may not transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms without prior written approval of the Company. The Company reserves the right to disempanel a Recipient in case of a breach by the Recipient of this Clause.
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These Terms, together with all documents shared by the Company and Recipient and/or Eligible Person in accordance with these Terms, constitute the entire agreement between the Recipient or Eligible Person, as the case may be, and Company in relation to all transactions completed by these Terms including the Transaction, Recipient’s or Eligible Person’s, as the case may be, use of the Website, and supersede all previous agreements in this regard.
a) The Company and Recipient shall maintain utmost confidentiality regarding any information or documents exchanged between the parties (including the Recipient Information) and shall only be disclosed to any third party with the express approval of the disclosing party.
b) Neither the Company nor Recipient shall make any announcements to the public or to any third party regarding the arrangements contemplated by this Agreement, without the prior written consent of the other party.
These terms and conditions will be governed by and construed in accordance with competent courts under the jurisdiction of Mumbai, Maharashtra, and any disputes relating to the interpretation of understanding of these terms and conditions will be subject to the exclusive jurisdiction of the Court of Law of Mumbai, Maharashtra.
Company Name: ECO-GOODSTEP SOLUTIONS LLP
CIN: LLPIN – ACA-8353
Registered Address: 306, F 3rd, W P.53, Panchsheel C Road, Churchgate, Mumbai-400020,Maharashtra,India
Contact: Saloni Gopani – [email protected]
Stage 1
(a) Upon receiving the duly filled Expression of Interest from an Eligible Person, expressing its intention to be empaneled as a Recipient, the Company shall evaluate the information provided by the Eligible Person in the Expression of Interest and the Recipient Information (defined below), in order to determine fit for empaneling the Eligible Person as a Recipient.
(b) The Eligible Person shall be required to submit the following documents to the Company along with the duly filled Expression of Interest in order to enable the Company to evaluate the candidacy of the Eligible Person to be empaneled as a Recipient:
(i) Certificate of incorporation
(ii) Proof of registered name and registered address (if different from details provided under certificate of incorporation).
(iii) Details and proof of corporate address (if different from registered address).
(iv) Details of directors and authorized signatories (name, address, details of directorships and leadership positions held in other any other organization or body corporate).
(vi) PAN
(vii) CSR certificate, if applicable
(viii) 12A and 80G certificates
(ix) FCRA Certificate, if applicable
(x) Organisation Documents such as Organogram, Leadership Bios, Board Composition
(xi) Proposed List of Activities & Progress Metrics
(xii) Board Resolution for Authorized Signatories who will be involved in performance of obligations under these terms
(xiii) Any other documents or information, as may be requested by Company in this stage for the purpose of evaluating Eligible Person’s fit to be empaneled as a Recipient.
(collectively, the “‘Recipient Stage 1 Information’”)
(a) Upon the Company receiving and evaluating the Recipient Stage 1 Information, in the event Company is satisfied and decides to move ahead with the candidacy of the Eligible Person to be empaneled as a Recipient, it shall schedule a leadership discussion with the Eligible Person. The Director (or such other person capable of taking decisions on behalf of the Eligible Person with respect to the actions contemplated under these Terms) of the Eligible Person shall make themselves available for a discussion (in-person or virtually, as mutually agreed between the parties) with the designated representative of Company to discuss the Eligible Person’s programmatic focus, operational structure, leadership team, funding requirements, retail fit and any other information as may be required by the Company, in its sole discretion, to determine Eligible Person’s fit to be empaneled as a Recipient.
(b)The Company shall endeavor to obtain clarity on the above aspects through the ‘leadership discussion’. However, in the event the Company requires any supporting documents or information to be provided in relation to or arising out of the ‘leadership discussion’, the Eligible Person shall make available such information to the Company.
Upon the conclusion of the ‘leadership discussion’ and evaluation of the Recipient Stage 2 Information, if any, in the event Company is satisfied and decides to move ahead with the candidacy of the Eligible Person to be empaneled as a Recipient, the Eligible Person shall, if required and on the Company’s request, make available to the Company the following documents and information in order to enable the Company to evaluate the programmatic focus of the organization:
(i) Details of program including target communities, impact focus, north star goals, and monthly / quarterly / annual / 3- and 5-year priorities.
(ii) Any other documents or information, as may be requested by Company in this stage for the purpose of evaluating Eligible Person’s fit to be empaneled as a Recipient.
(collectively, the “‘Recipient Stage 3 Information’”)
(c) Upon evaluation of the Recipient Stage 3 Information, the Company shall, in its sole discretion, make a determination as to whether the Eligible Person has cleared the Company’s criteria for evaluation under this stage 3 and accordingly provide a written confirmation to such Eligible Person regarding the outcome of Company’s evaluation.
(d) Upon the Eligible Person receiving a written confirmation from the Company that it has cleared the evaluation criteria under this stage 3, as set out in Clauses 3(a) to 3(d) of this Schedule I, the Eligible Person shall within 7 days of receipt of such written confirmation and the Empanelment Confirmation Letter, acknowledge the terms indicated therein, execute and share the signed copy of the Empanelment Confirmation Letter with the Company.
(e) For the avoidance of doubt, it is clarified that only upon receipt of the executed Empanelment Confirmation Letter by the Company (which receipt shall be confirmed by the Company to the Eligible Person in writing), in accordance with Clause 3(d) of this Schedule I, shall the Eligible Person be empaneled as a Recipient.
