terms and conditions

These Terms and Conditions (“Terms” or “Terms and Conditions”) constitute a legally binding agreement between auster.fund, offering a discretionary arts and culture grant initiative (“we” “us” or “our”), and each applicant, visitor, or user (“you” or “your” or “User”) of our website (“Website”). These Terms govern your use of the Website and participation in the grant application process (“Program”). By accessing or using the Website, or by applying to the Program, you acknowledge that you have read, understood, and agreed to be bound by these Terms, along with our Privacy Policy, which is incorporated herein by reference. 

We reserve the right to modify, revise, update, or change, add and/or remove portions of these Terms and Conditions. It is the responsibility of the User to review these Terms and Conditions periodically for updates / changes. Your continued use of the Website or Program following the posting of changes will mean that You accept and agree to the revisions. 

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE. PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. BY IMPLIEDLY OR EXPRESSLY ACCEPTING THESE TERMS OF USE, YOU ALSO ACCEPT AND AGREE TO BE BOUND BY THE PRIVACY POLICY. 

For purposes of these Terms, (i) “Applicant” means any natural person who submits a grant application through the Website and under the terms hereinunder; (ii) “Grant” refers to a monetary amount awarded to a single shortlisted Applicant by us, on a discretionary basis; (iii) “Eligible Activity” refers to any project, undertaking, or exploration within the fields of art, music, culture, performance, literature, craftsmanship, or other expressive or creative disciplines as deemed fit by us; and (iv) “Platform” means the Website together with all tools, services, databases, communication interfaces, forms, and functionalities made available by us therein, for the purpose of facilitating access to and participation in the Program. 

1. Eligibility Criteria and Application Process 
1.1. The Grant is open to individuals and organizations that meet the following eligibility criteria: (i) Applicants shall include individuals or organizations engaged in or planning projects in the fields of arts, culture, or other related creative disciplines; (ii) Applicants must meet specific eligibility criteria outlined on the Platform, including but not limited to age, experience, and project relevance or as may be communicated, from time to time; (iii) Applicants must ensure that all required documentation as part of the Application process is complete and submitted in accordance with these Terms. 
1.2. Submission Requirements: To apply for the Grant, you must submit a complete and accurate Application through the Platform. The following documentation must be included: 
1.2.1. Personal/Organizational Information: Full name, contact details, and, if applicable, organizational details. 
1.2.2. Project Description: A detailed description of the proposed project, including objectives, artistic vision, and anticipated outcomes. 
1.2.3. Budget: A comprehensive and detailed budget outlining the proposed allocation of Grant funds. 1.2.4. Timeline: A proposed timeline for the completion of the project. 
1.2.5. Supporting Documents: Any additional documents required by the specific guidelines of the Grant, including but not limited to previous works, portfolio, letters of recommendation, and any other requested materials. 
1.3. All applications must be submitted by the deadline specified on the Platform. Any applications submitted after the deadline will not be considered, and the Platform shall have no obligation to consider such late submissions. 
1.4. It is clarified that use of the Website or Application is available only to individuals who are capable of forming legally binding contracts under the Indian Contract Act, 1872. Individuals who are "incompetent to contract" under the Act, including minors (under the age of 18 years), un-discharged insolvents, and persons of unsound mind are not eligible to use the Website or Application. 
1.5. If you are under the age of 21 (twenty-one) years, you shall not register as a user or transact on the Website. Any use or transaction on the Website or Application must be made by your legal guardian, parent, or through an NGO, business, company, startup, or any other legally competent entity that is authorized to contract. We reserve the right to terminate your membership and/or deny access to the Website or Application if it is brought to our notice or discovered that you are under the age of 18 years. 
1.6. If you are registering or applying on behalf of an organization, entity, or other legal person (i.e., not a natural person), you represent and warrant that you have been duly authorized by the relevant organization or entity to accept these Terms and Conditions and to bind such organization or entity to these Terms and Conditions. 

2. Evaluation and Selection Process 
2.1. The evaluation and selection process will be communicated from time to time.

3. Grant Disbursement 
3.1. The Grant amount awarded will be determined solely at our discretion, based on the evaluation of the submitted Application and the availability of funds for the Grant cycle. Each successful Applicant will be awarded a specific amount, which must be used exclusively for the approved project. The specific terms and conditions governing the disbursement, permitted use, milestones, reporting requirements, obligations and other terms necessary for the Grant to the Applicant shall be set out in a separate agreement entered into between the shortlisted Applicant (“Fundee” as defined in the Terms of Grant) and us (“Terms of Grant” or “Grant Agreement”) which Grant Agreement shall constitute a legally binding and enforceable contract between the shortlisted Applicant and us, and shall be a condition precedent to any disbursement of Grant funds. The Terms of Grant shall be in addition to these Terms and Conditions, and in the event of any inconsistency or conflict between these Terms and Conditions and the Terms of Grant, the Terms of Grant shall prevail with respect to the rights, responsibilities, and obligations of the Applicant in relation to the Grant. 
3.2. Funds must be used solely for the purposes outlined in the Application and the Grant Agreement. Any diversion of funds or significant changes to the project plan require prior written consent from the Platform. 
3.3. Monitoring and Reporting: The Applicant shall be required to provide regular progress reports in accordance with the terms of the Grant Agreement. Reports must include detailed financial statements that reflect the use of the funds, and any other details as may be specified under the Grant Agreement or requested by us, from time to time. 
3.4. Reimbursement of Funds: In the event the project is terminated early, fails to meet the milestones set forth in the Grant Agreement, or if the funds are misused, the Applicant shall be obligated to reimburse the unspent portion of the Grant within a reasonable timeframe. 

4. Responsibilities of the Applicant 
By accepting the Grant and the terms thereunder, the Applicant agrees to: 
4.1. Complete the project within the agreed-upon timeline and according to the terms outlined in the Grant Agreement. 
4.2. Provide progress reports, including financial statements, as required by the Platform. Page 2 of 12
4.3. Use the Grant exclusively for the approved project and adhere to the terms and conditions set forth in the Grant Agreement. 
4.4. Acknowledge the Platform’s financial support in all public communications, promotional materials, and credits related to the project. 
4.5. Comply with all applicable laws, regulations, and requirements, including but not limited to intellectual property and data protection laws. 
4.6. You shall ensure that all documents and/or information submitted or disclosed by you to us in support of your Grant application are, at all times, true, correct, complete, and up to date. Such information must pertain solely to you (or the named beneficiary, if applicable) and to the proposed project. 
4.7. You shall fully and accurately disclose all material facts relating to the proposed project, including the purpose, scope, and intended outcomes, and you shall not withhold any information that could reasonably be deemed relevant to the evaluation or administration of the Grant. If any information provided by you becomes, or is likely to become, inaccurate, false, incomplete, or misleading (e.g., due to changes in project objectives, feasibility, budget, or personal capacity), you shall immediately notify us in writing. 
4.8. If we becomes aware, or has reasonable grounds to suspect, that any information you provided is false, inconsistent, misleading, inaccurate, or incomplete, or that you are otherwise in breach of these Terms, We reserve the right to suspend or terminate your participation in the Grant process, revoke the Grant award (if applicable), and refuse access to further funding or platform services. You acknowledge that we shall not be liable for any damages or consequences suffered by you or any third party as a result of such actions. 
4.9. You shall utilise the Grant amount strictly in accordance with the approved project plan, budget, and timeline, and in any case, within the period specified in the Grant Agreement. If the Grant remains unutilised without reasonable justification or prior approval, We reserve the right to recall the Grant amount or reallocate the unutilised funds. 
4.10. You acknowledge that we are only administering and facilitating the disbursement of the Grant and is not the final beneficiary or recipient of the project outcomes. The responsibility for proper utilisation, compliance, and reporting rests solely with you. 
4.11. We do not guarantee the completion of the project or the achievement of the stated objectives and is not responsible for project execution. You remain solely responsible for ensuring that the project is carried out as approved and that funds are used exclusively for the intended purposes. 
4.12. You may be required, from time to time, to re-attest or update your eligibility to receive the Grant or to comply with regulatory requirements (including those applicable under foreign contribution laws, if relevant). You agree to provide such confirmations, declarations, or supporting documents as requested by us at your own cost, and in a timely manner. Failure to comply may result in suspension or termination of the Grant. 
4.13. You are solely responsible for the veracity and appropriateness of all materials, documents, and media you submit as part of your Application. 
4.14. Submission of materials does not guarantee selection, shortlisting, or Grant disbursal. We reserve the right to reject any Application that, in our sole discretion, fails to meet the eligibility or quality standards set by us. 
4.15. If selected, your submitted materials may be used by us for archival, evaluative, marketing, or impact assessment purposes in connection with the Grant. 

5. Changes to the Project 
Any material modifications to the project, including changes to the scope, timeline, or budget, must be approved in writing by the Platform. In the event of failure to obtain such approval may result in the termination of the Grant, and the Applicant may be required to repay any funds already disbursed. 

6. Intellectual Property Rights Ownership 
The Applicant shall retain full ownership of any intellectual property created during the course of the project, including copyrights, trademarks, and patents. However, the Platform shall have a non-exclusive, royalty-free license to use any resulting work for (i) marketing and promotional purposes, including showcasing the project on digital and traditional media, including inter alia, the Platform, social media, and other marketing materials; (ii) showcasing the Applicant’s participation in campaigns, events, or promotions; (iii) archival and reference purposes, including our retrospectives and website archives; (iv) internal business use, such as presentations or non-commercial references; and/or (v) industry recognition, including award submissions. The Applicant agrees to credit the Platform’s support in all public communications, publications, and promotional materials related to the project even if it is sold and/or gifted, in which case the Applicant shall seek our prior written consent at least 30 days prior to such sale and/or transfer of the project. The Applicant agrees to maintain the confidentiality of all proprietary and sensitive information shared during the application, evaluation, and disbursement process. This includes any financial, technical, or personal information that is not publicly available. 

7. Termination of Grant 
The Platform reserves the right to terminate the Grant at any time if the Applicant: (i) fails to adhere to the terms and conditions of the Privacy Policy, this Terms and Conditions and/or the Grant Agreement; (ii) does not complete the project as per the agreed-upon scope, timeline, or budget; and/or (iii) engages in unethical, illegal, or fraudulent activities. Upon termination, the Applicant may be required to repay any unspent funds. 

8. Ethical Image and Information Disclosure Terms 
8.1. You shall ensure that you have valid permission from any individuals depicted in the images or videos submitted with your Application. If any such individuals are minors, you must obtain consent from their parents or legal guardians. No media files should be uploaded or shared unless such explicit consent has been secured. 
8.2. If you submit images or videos of others, you must explain how such materials will be used, including the possibility of public display on our website or social media in connection with the Grant. Consent should be obtained after informing the subjects that the materials may be publicly and widely viewed. No promise of restricted use should be made, and no financial or other inducement may be offered in exchange for consent. 
8.3. You must ensure that all images, videos, and narratives submitted with the Application present an honest and respectful representation of circumstances. We do not encourage the depiction of false vulnerability, overdramatization, or any staging intended to create an emotional bias. Digital manipulation, including AI-driven alterations, is prohibited where it undermines the authenticity or truthfulness of the submitted materials. 
8.4. When using images of minors: 
8.4.1. Do not upload or submit photographs of children in partial or full nudity or in inappropriate or staged emotional states. 
8.4.2. Children should never be coached or prompted to express exaggerated emotions, nor should they be used to make direct appeals for assistance. 
8.4.3. Do not publish identifiable information (such as full names or exact location) if doing so could harm the minor or lead to unwanted consequences. Use first names or initials where appropriate. 
8.5. All images and videos submitted must be respectful and suitable for public viewing. Media that is obscene, violent, discriminatory, misleading, or offensive in nature will not be accepted. You shall not submit media that exploits or egregiously focuses on ailments, disabilities, or vulnerabilities in a demeaning or exaggerated manner. 
8.6. You, on behalf of yourself and any third-party beneficiary referred to in your Application, irrevocably and unconditionally: 
8.6.1. Authorize us and our authorized service providers to verify, check, or investigate any details submitted by you, including with respect to identity, eligibility, purpose of use, and compliance with applicable laws; 
8.6.2. Authorize any competent authority, institution, or individual to disclose to us any relevant information for such purposes; and 
8.6.3. Release us and our representatives from any liability that may arise from such background checks or investigations. 
8.7. You understand and agree that: 
8.7.1. We are not under any obligation to verify or monitor the accuracy or integrity of your Application or submitted materials; 
8.7.2. If we come into possession of any information indicating fraud, misrepresentation, unlawful funding, or any criminal offense related to your Application, we may report such findings to the relevant legal authorities without notifying you. 

9. Use of Platform and Communications 
9.1. You understand that submitting an application through this Website or Application does not guarantee funding. Final decisions regarding the Grant shall be made solely at our discretion, and we are under no obligation to provide reasons for rejection or non-selection. 
9.2. We are not responsible for verifying the truth, accuracy, or completeness of any information submitted by applicants, beneficiaries, or third parties. You are advised to exercise discretion and conduct your own independent due diligence before acting upon any information presented on or through the platform. 
9.3. We may use the contact information you provide to send updates about your application status, requests for additional information, or news about the Grant. By using this Website or Application, you consent to receive such communications via email, phone, or other electronic means. You may opt out of certain communications by adjusting your preferences through your profile or notifying us at the contact information provided. 
9.4. If any selected applicant becomes ineligible or the proposed project is prematurely terminated for any reason, we reserve the right to revoke the Grant or redirect funds to another deserving applicant, as determined at our sole discretion. In such cases, we will make reasonable efforts to notify affected individuals. 
9.5. We reserve the right to delay, suspend, or cancel any application or funding disbursement where questionable behavior, misrepresentation, or suspected misuse of funds is identified, or if we are required to do so under applicable law or pursuant to any governmental directive. 
9.6. By using this Website or Platform, you authorize us and our service providers to collect, process, and, where applicable, disburse funds through standard financial and banking channels, in accordance with our internal policies and applicable laws. 

10. General Rules for the Use of the Website or Application 
10.1. You agree, undertake and confirm that your use of Website or Application shall be strictly governed by the following binding principles: 
10.2. You shall not host, display, upload, modify, publish, transmit, update or share any information which: 
10.2.1. belongs to another person and to which you do not have any right to; 
10.2.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; 
10.2.3. is misleading in any way; 
10.2.4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; 
10.2.5. harasses or advocates harassment of another person; 
10.2.6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"; 
10.2.7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; 
10.2.8. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number), rights of publicity, or sale of counterfeit/stolen items; 
10.2.9. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; 
10.2.10. contains restricted or password-only access pages, or hidden pages or images (including those not directly linked to or accessible from another page); 
10.2.11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; 
10.2.12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; 
10.2.13. contains a video, photographs, or images of another person; 
10.2.14. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or Application or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other users 
10.2.15. engages in commercial activities and/or sales without our prior express and written consent, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Website or Application; 
10.2.16.solicits gambling or engages in any gambling activity which could be construed as being illegal; 
10.2.17. interferes with another user's use and enjoyment of the Website or Application or any other individual's user and enjoyment of similar services; 
10.2.18. refers to any website or URL that, in our view, discretion, contains material that is inappropriate for the Website or Application or any other website/ application, contains content that would be prohibited or violates the letter or spirit of these Terms and Conditions; 
10.2.19. harms minors in any way; 
10.2.20. violates any law in force for the time being; 
10.2.21. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; 
10.2.22. impersonates another person or entity; 
10.2.23. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; or 
10.2.24. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence, or is insulting to any other nation. 
10.3. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Application or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or Application or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website or Application. We reserve the right to bar any such activity. 
10.4. You shall not attempt to gain unauthorized access to any portion or feature of the Website or Application, or any other systems, server, computer, or networks connected to the Website or Application, or to any of the Services offered on or through the Website or Application, by hacking, password "mining" or any other illegitimate means. 
10.5. You shall not probe, scan or test the vulnerability of the Website or Application or any network connected to the Website or Application, nor breach the security or authentication measures on the Website or Application or any network connected to the Website or Application. 
10.6. You may not reverse look-up, trace or seek to trace any information on any other individual accessing the Website or Application, or of any other customer, including any account on the Website or Application not owned by you, to its source, or exploit the Website or Application or any service or information made available or offered by or through the Website or Application, in any manner, including but not limited to reveal any personal identification or information, other than your own information, as provided for by the Website or Application. 
10.7. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us, or the brand name or domain name used by us, or otherwise engage in any conduct or action that might tarnish our image or reputation on any platform, and/or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. 
10.8. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Application or our systems or networks, or any systems or networks connected to us. 
10.9. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or Application or any transaction being conducted on the Website or Application, or with any other person's use of the Website or Application. 
10.10. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or Application or any service offered on or through the Website or Application. 
10.11. You may not use the Website or Application or any content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes our rights. 
10.12. You shall at all times ensure full compliance with the applicable laws and the rules made thereunder) regarding your use of our service. You shall not engage in any transaction, which is prohibited by applicable law. Further, no donation for reward or otherwise shall be made for any reason or as consideration for any transaction other than that which is the subject of the Application, and in no event shall any donation be used for any purpose that is considered unlawful or against public policy as per the applicable laws in India. 
10.13. Solely to enable us to use the information, you assign to us rights that you might have in your information; you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms and Conditions and Privacy Policy applicable to the use of the Website or Application. 
10.14. From time to time, you shall be responsible for providing information relating to the donations made by you and disclose it under applicable laws. In this connection, you undertake that all such information shall be accurate in all respects and that only you shall be solely responsible for any incorrect or knowingly false information provided by you. 
10.15. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website or Application, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website or Application. 
10.16. It is possible that other Users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website or Application and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website or Application, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website or Application you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website or Application. Please carefully select the type of information that you publicly disclose or share with others on the Website or Application. 
10.17. We reserve the right, at our sole discretion, to change or modify portions of these Terms and Conditions at any time. If we do this, we will notify you, either through the user interface (Website or Application), in an email notification or through other reasonable means, and unless otherwise stated, We may communicate with you officially by any reasonable means now known or later developed. These currently include email and postings on the Website or Application. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that: (i) changes addressing new functions of the Services or changes made for legal reasons will be effective immediately, and (ii) changes or modifications to the provisions therein. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms and Conditions. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the services from time to time, including, without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms and Conditions. 

11. Disclaimer of Warranties and Liability 
11.1. This Website or Application, all the materials and information and Services, included or otherwise made available to you through this site are provided on an "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, we do not warrant that: (i) This Website or Application will be constantly available, or available at all; or (ii) The information on this Website or Application is complete, true, accurate or non- misleading save and except as provided herein and which information is provided by the Applicants themselves and none that which is provided or verified. 
11.2. We will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website or Application. Nothing on the Website or Application constitutes, or is meant to constitute, advice of any kind. 

12. Breach 
12.1. Without limiting other remedies, we may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide you with access to the Website or Application in the event, but not limited to: 
12.1.1. If You breach the Terms and Conditions or Privacy Policy or other policies, if any; 12.1.2. If we are unable to verify or authenticate any information you provide; or 12.1.3. If it is believed that your actions may cause legal liability for you, other users or us. 
12.2. We may at any time at our sole discretion reinstate suspended users. A User that has been suspended or blocked may not register or attempt to register with us or use the Website or Application in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if you breach the Terms and Conditions or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you. 

13. Indemnity 
13.1. You shall indemnify and hold us harmless, our owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees (“Indemnified Parties”), against all claims, actions, penalties, prosecution, proceedings demand losses, disputes, charges, penalty, costs and expenses including reasonable attorneys' fees, that may arise or may be incurred by the Indemnified Parties as a consequence of any default, breach, non-observance, non-performance or negligent act whatsoever by the Applicant (or its beneficiary) of any terms, conditions, stipulations, provisions and/or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party more particularly stated herein and/or in any individual agreements executed amongst us. 
13.2. You agree to release, indemnify and hold us and our affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorney's fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any donation, any loan, any User Content, your connection to the Services, your violation of these Terms and Conditions or your violation of any rights of another. 

14. Intellectual property rights 
14.1. All content, software, and trademarks on our Services are protected by intellectual property laws, and except for the content you legally upload, you may not copy, modify, distribute, or exploit any part of the Services without our permission. If your access is blocked, you may not try to bypass it. 

You retain ownership of the content you upload (“User Content”) but grant us a broad, worldwide license to use it for operating and promoting the Services; this includes any names, images, or likenesses, for which you must have proper permissions and waive any rights or claims. We are not responsible for third-party content but may remove content that violates our Terms. Feedback you provide is non-confidential and may be freely used by us. If you believe your copyright or other IP rights are being violated, you can report it using our takedown procedure, and similarly, you may submit a counter-notice if your content was removed by mistake. We may suspend or terminate users who repeatedly infringe intellectual property rights. 

15. Jurisdiction 
15.1. These Terms and Conditions shall be governed by and interpreted and construed in accordance with the laws of India. By agreeing to these Terms and Conditions you expressly agree that the place of jurisdiction shall be exclusively in New Delhi. 

16. Limitation of Liability 
16.1. In no event shall we/Auster.Fund or its affiliates be liable for any incidental, indirect or consequential damages of any kind in connection with these terms of use. You expressly understand and agree that neither we nor our affiliates will be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service(s); or (v) any other matter relating to the Service(s). 
16.2. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the Services or with these terms of use, your sole and exclusive remedy is to discontinue use of the Services. 

17. Applicant’s Tax Liability(ies) 
17.1. Each Applicant may be required to verify their identity per the Know Your Customer (KYC) guidelines under the applicable laws, which may include verification of their registered mobile number via a One Time Password (OTP), and one of the identification documents viz. Permanent Account Number, Aadhar Card Number, Passport etc. recognised by the concerned authority in India. The list of such registered documents will be communicated. Your location as reflected on your Application must match your legal residence that you submit to us when you create a withdrawal request. Applicants may not create multiple Application without proof of meeting fulfilment obligations from the original Application. Failure to adequately fulfil Application obligations may result in us removing the Application (s) and seeking reimbursement of Application funds raised, including by using third-party collections services. Only the Applicants shall be permitted to collect funds. Applicants are responsible for collecting and remitting any taxes on contributions, and any taxes due in connection with Application shall not use a false email address to self-fund, or contribute to, their own Applicants; this is a violation of our policies and Terms and Conditions. We may attempt to verify the identity and other information provided to us by Application, and we may delay, withhold, reverse or refund any contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Applicant’s eligibility is subject to our review of the fulfilment status of prior crowdfunding obligations. The Applicant sall be responsible for fulfilling its personal tax liabilities and any other liabilities arising from the receipt of Grant.. 
17.2. The Applicant acknowledges and agrees that we will not verify their compliance with applicable laws and it is the responsibility of the Applicant to procure the necessary approvals and do the necessary compliance before they receive/use/withdraw the funds received for the Grant. By asking to withdraw the foreign funds its understood by us that the recipient has completed the necessary documentation. 

18. Termination 
18.1. You agree that we, in our sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. We may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms and Conditions may be affected without prior notice and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Services. 

19. User disputes 
19.1. You agree that you are solely responsible for your interactions with any other user in connection with the Services and we will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Services. 

20. General 
20.1. These Terms and Conditions constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and us with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third-party software. 
20.2. Any party’s failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. 
20.3. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. 
20.4. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. 
20.5. A printed version of this Terms and Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 
20.6. You may not assign these Terms and Conditions without our prior written consent, but we may assign or transfer these Terms and Conditions, in whole or in part, without any restriction or consent required. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. 

20.7. We respect the privacy of our users. For details, please see our Privacy Policy. By using the Services, you consent to our collection and use of personal data as outlined therein. Also, you are willingly giving your permission to us to contact you via WhatsApp, Email, SMS, and other modes of communication. 

21. Contact Us 
Please send any questions or comments regarding this Website to info@auster.fund.


These Terms and Conditions (“Terms” or “Terms and Conditions”) constitute a legally binding agreement between auster.fund, offering a discretionary arts and culture grant initiative (“we” “us” or “our”), and each applicant, visitor, or user (“you” or “your” or “User”) of our website (“Website”). These Terms govern your use of the Website and participation in the grant application process (“Program”). By accessing or using the Website, or by applying to the Program, you acknowledge that you have read, understood, and agreed to be bound by these Terms, along with our Privacy Policy, which is incorporated herein by reference. 

We reserve the right to modify, revise, update, or change, add and/or remove portions of these Terms and Conditions. It is the responsibility of the User to review these Terms and Conditions periodically for updates / changes. Your continued use of the Website or Program following the posting of changes will mean that You accept and agree to the revisions. 

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE. PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. BY IMPLIEDLY OR EXPRESSLY ACCEPTING THESE TERMS OF USE, YOU ALSO ACCEPT AND AGREE TO BE BOUND BY THE PRIVACY POLICY. 

For purposes of these Terms, (i) “Applicant” means any natural person who submits a grant application through the Website and under the terms hereinunder; (ii) “Grant” refers to a monetary amount awarded to a single shortlisted Applicant by us, on a discretionary basis; (iii) “Eligible Activity” refers to any project, undertaking, or exploration within the fields of art, music, culture, performance, literature, craftsmanship, or other expressive or creative disciplines as deemed fit by us; and (iv) “Platform” means the Website together with all tools, services, databases, communication interfaces, forms, and functionalities made available by us therein, for the purpose of facilitating access to and participation in the Program. 

1. Eligibility Criteria and Application Process 
1.1. The Grant is open to individuals and organizations that meet the following eligibility criteria: (i) Applicants shall include individuals or organizations engaged in or planning projects in the fields of arts, culture, or other related creative disciplines; (ii) Applicants must meet specific eligibility criteria outlined on the Platform, including but not limited to age, experience, and project relevance or as may be communicated, from time to time; (iii) Applicants must ensure that all required documentation as part of the Application process is complete and submitted in accordance with these Terms. 
1.2. Submission Requirements: To apply for the Grant, you must submit a complete and accurate Application through the Platform. The following documentation must be included: 
1.2.1. Personal/Organizational Information: Full name, contact details, and, if applicable, organizational details. 
1.2.2. Project Description: A detailed description of the proposed project, including objectives, artistic vision, and anticipated outcomes. 
1.2.3. Budget: A comprehensive and detailed budget outlining the proposed allocation of Grant funds. 1.2.4. Timeline: A proposed timeline for the completion of the project. 
1.2.5. Supporting Documents: Any additional documents required by the specific guidelines of the Grant, including but not limited to previous works, portfolio, letters of recommendation, and any other requested materials. 
1.3. All applications must be submitted by the deadline specified on the Platform. Any applications submitted after the deadline will not be considered, and the Platform shall have no obligation to consider such late submissions. 
1.4. It is clarified that use of the Website or Application is available only to individuals who are capable of forming legally binding contracts under the Indian Contract Act, 1872. Individuals who are "incompetent to contract" under the Act, including minors (under the age of 18 years), un-discharged insolvents, and persons of unsound mind are not eligible to use the Website or Application. 
1.5. If you are under the age of 21 (twenty-one) years, you shall not register as a user or transact on the Website. Any use or transaction on the Website or Application must be made by your legal guardian, parent, or through an NGO, business, company, startup, or any other legally competent entity that is authorized to contract. We reserve the right to terminate your membership and/or deny access to the Website or Application if it is brought to our notice or discovered that you are under the age of 18 years. 
1.6. If you are registering or applying on behalf of an organization, entity, or other legal person (i.e., not a natural person), you represent and warrant that you have been duly authorized by the relevant organization or entity to accept these Terms and Conditions and to bind such organization or entity to these Terms and Conditions. 

2. Evaluation and Selection Process 
2.1. The evaluation and selection process will be communicated from time to time.

3. Grant Disbursement 
3.1. The Grant amount awarded will be determined solely at our discretion, based on the evaluation of the submitted Application and the availability of funds for the Grant cycle. Each successful Applicant will be awarded a specific amount, which must be used exclusively for the approved project. The specific terms and conditions governing the disbursement, permitted use, milestones, reporting requirements, obligations and other terms necessary for the Grant to the Applicant shall be set out in a separate agreement entered into between the shortlisted Applicant (“Fundee” as defined in the Terms of Grant) and us (“Terms of Grant” or “Grant Agreement”) which Grant Agreement shall constitute a legally binding and enforceable contract between the shortlisted Applicant and us, and shall be a condition precedent to any disbursement of Grant funds. The Terms of Grant shall be in addition to these Terms and Conditions, and in the event of any inconsistency or conflict between these Terms and Conditions and the Terms of Grant, the Terms of Grant shall prevail with respect to the rights, responsibilities, and obligations of the Applicant in relation to the Grant. 
3.2. Funds must be used solely for the purposes outlined in the Application and the Grant Agreement. Any diversion of funds or significant changes to the project plan require prior written consent from the Platform. 
3.3. Monitoring and Reporting: The Applicant shall be required to provide regular progress reports in accordance with the terms of the Grant Agreement. Reports must include detailed financial statements that reflect the use of the funds, and any other details as may be specified under the Grant Agreement or requested by us, from time to time. 
3.4. Reimbursement of Funds: In the event the project is terminated early, fails to meet the milestones set forth in the Grant Agreement, or if the funds are misused, the Applicant shall be obligated to reimburse the unspent portion of the Grant within a reasonable timeframe. 

4. Responsibilities of the Applicant 
By accepting the Grant and the terms thereunder, the Applicant agrees to: 
4.1. Complete the project within the agreed-upon timeline and according to the terms outlined in the Grant Agreement. 
4.2. Provide progress reports, including financial statements, as required by the Platform. Page 2 of 12
4.3. Use the Grant exclusively for the approved project and adhere to the terms and conditions set forth in the Grant Agreement. 
4.4. Acknowledge the Platform’s financial support in all public communications, promotional materials, and credits related to the project. 
4.5. Comply with all applicable laws, regulations, and requirements, including but not limited to intellectual property and data protection laws. 
4.6. You shall ensure that all documents and/or information submitted or disclosed by you to us in support of your Grant application are, at all times, true, correct, complete, and up to date. Such information must pertain solely to you (or the named beneficiary, if applicable) and to the proposed project. 
4.7. You shall fully and accurately disclose all material facts relating to the proposed project, including the purpose, scope, and intended outcomes, and you shall not withhold any information that could reasonably be deemed relevant to the evaluation or administration of the Grant. If any information provided by you becomes, or is likely to become, inaccurate, false, incomplete, or misleading (e.g., due to changes in project objectives, feasibility, budget, or personal capacity), you shall immediately notify us in writing. 
4.8. If we becomes aware, or has reasonable grounds to suspect, that any information you provided is false, inconsistent, misleading, inaccurate, or incomplete, or that you are otherwise in breach of these Terms, We reserve the right to suspend or terminate your participation in the Grant process, revoke the Grant award (if applicable), and refuse access to further funding or platform services. You acknowledge that we shall not be liable for any damages or consequences suffered by you or any third party as a result of such actions. 
4.9. You shall utilise the Grant amount strictly in accordance with the approved project plan, budget, and timeline, and in any case, within the period specified in the Grant Agreement. If the Grant remains unutilised without reasonable justification or prior approval, We reserve the right to recall the Grant amount or reallocate the unutilised funds. 
4.10. You acknowledge that we are only administering and facilitating the disbursement of the Grant and is not the final beneficiary or recipient of the project outcomes. The responsibility for proper utilisation, compliance, and reporting rests solely with you. 
4.11. We do not guarantee the completion of the project or the achievement of the stated objectives and is not responsible for project execution. You remain solely responsible for ensuring that the project is carried out as approved and that funds are used exclusively for the intended purposes. 
4.12. You may be required, from time to time, to re-attest or update your eligibility to receive the Grant or to comply with regulatory requirements (including those applicable under foreign contribution laws, if relevant). You agree to provide such confirmations, declarations, or supporting documents as requested by us at your own cost, and in a timely manner. Failure to comply may result in suspension or termination of the Grant. 
4.13. You are solely responsible for the veracity and appropriateness of all materials, documents, and media you submit as part of your Application. 
4.14. Submission of materials does not guarantee selection, shortlisting, or Grant disbursal. We reserve the right to reject any Application that, in our sole discretion, fails to meet the eligibility or quality standards set by us. 
4.15. If selected, your submitted materials may be used by us for archival, evaluative, marketing, or impact assessment purposes in connection with the Grant. 

5. Changes to the Project 
Any material modifications to the project, including changes to the scope, timeline, or budget, must be approved in writing by the Platform. In the event of failure to obtain such approval may result in the termination of the Grant, and the Applicant may be required to repay any funds already disbursed. 

6. Intellectual Property Rights Ownership 
The Applicant shall retain full ownership of any intellectual property created during the course of the project, including copyrights, trademarks, and patents. However, the Platform shall have a non-exclusive, royalty-free license to use any resulting work for (i) marketing and promotional purposes, including showcasing the project on digital and traditional media, including inter alia, the Platform, social media, and other marketing materials; (ii) showcasing the Applicant’s participation in campaigns, events, or promotions; (iii) archival and reference purposes, including our retrospectives and website archives; (iv) internal business use, such as presentations or non-commercial references; and/or (v) industry recognition, including award submissions. The Applicant agrees to credit the Platform’s support in all public communications, publications, and promotional materials related to the project even if it is sold and/or gifted, in which case the Applicant shall seek our prior written consent at least 30 days prior to such sale and/or transfer of the project. The Applicant agrees to maintain the confidentiality of all proprietary and sensitive information shared during the application, evaluation, and disbursement process. This includes any financial, technical, or personal information that is not publicly available. 

7. Termination of Grant 
The Platform reserves the right to terminate the Grant at any time if the Applicant: (i) fails to adhere to the terms and conditions of the Privacy Policy, this Terms and Conditions and/or the Grant Agreement; (ii) does not complete the project as per the agreed-upon scope, timeline, or budget; and/or (iii) engages in unethical, illegal, or fraudulent activities. Upon termination, the Applicant may be required to repay any unspent funds. 

8. Ethical Image and Information Disclosure Terms 
8.1. You shall ensure that you have valid permission from any individuals depicted in the images or videos submitted with your Application. If any such individuals are minors, you must obtain consent from their parents or legal guardians. No media files should be uploaded or shared unless such explicit consent has been secured. 
8.2. If you submit images or videos of others, you must explain how such materials will be used, including the possibility of public display on our website or social media in connection with the Grant. Consent should be obtained after informing the subjects that the materials may be publicly and widely viewed. No promise of restricted use should be made, and no financial or other inducement may be offered in exchange for consent. 
8.3. You must ensure that all images, videos, and narratives submitted with the Application present an honest and respectful representation of circumstances. We do not encourage the depiction of false vulnerability, overdramatization, or any staging intended to create an emotional bias. Digital manipulation, including AI-driven alterations, is prohibited where it undermines the authenticity or truthfulness of the submitted materials. 
8.4. When using images of minors: 
8.4.1. Do not upload or submit photographs of children in partial or full nudity or in inappropriate or staged emotional states. 
8.4.2. Children should never be coached or prompted to express exaggerated emotions, nor should they be used to make direct appeals for assistance. 
8.4.3. Do not publish identifiable information (such as full names or exact location) if doing so could harm the minor or lead to unwanted consequences. Use first names or initials where appropriate. 
8.5. All images and videos submitted must be respectful and suitable for public viewing. Media that is obscene, violent, discriminatory, misleading, or offensive in nature will not be accepted. You shall not submit media that exploits or egregiously focuses on ailments, disabilities, or vulnerabilities in a demeaning or exaggerated manner. 
8.6. You, on behalf of yourself and any third-party beneficiary referred to in your Application, irrevocably and unconditionally: 
8.6.1. Authorize us and our authorized service providers to verify, check, or investigate any details submitted by you, including with respect to identity, eligibility, purpose of use, and compliance with applicable laws; 
8.6.2. Authorize any competent authority, institution, or individual to disclose to us any relevant information for such purposes; and 
8.6.3. Release us and our representatives from any liability that may arise from such background checks or investigations. 
8.7. You understand and agree that: 
8.7.1. We are not under any obligation to verify or monitor the accuracy or integrity of your Application or submitted materials; 
8.7.2. If we come into possession of any information indicating fraud, misrepresentation, unlawful funding, or any criminal offense related to your Application, we may report such findings to the relevant legal authorities without notifying you. 

9. Use of Platform and Communications 
9.1. You understand that submitting an application through this Website or Application does not guarantee funding. Final decisions regarding the Grant shall be made solely at our discretion, and we are under no obligation to provide reasons for rejection or non-selection. 
9.2. We are not responsible for verifying the truth, accuracy, or completeness of any information submitted by applicants, beneficiaries, or third parties. You are advised to exercise discretion and conduct your own independent due diligence before acting upon any information presented on or through the platform. 
9.3. We may use the contact information you provide to send updates about your application status, requests for additional information, or news about the Grant. By using this Website or Application, you consent to receive such communications via email, phone, or other electronic means. You may opt out of certain communications by adjusting your preferences through your profile or notifying us at the contact information provided. 
9.4. If any selected applicant becomes ineligible or the proposed project is prematurely terminated for any reason, we reserve the right to revoke the Grant or redirect funds to another deserving applicant, as determined at our sole discretion. In such cases, we will make reasonable efforts to notify affected individuals. 
9.5. We reserve the right to delay, suspend, or cancel any application or funding disbursement where questionable behavior, misrepresentation, or suspected misuse of funds is identified, or if we are required to do so under applicable law or pursuant to any governmental directive. 
9.6. By using this Website or Platform, you authorize us and our service providers to collect, process, and, where applicable, disburse funds through standard financial and banking channels, in accordance with our internal policies and applicable laws. 

10. General Rules for the Use of the Website or Application 
10.1. You agree, undertake and confirm that your use of Website or Application shall be strictly governed by the following binding principles: 
10.2. You shall not host, display, upload, modify, publish, transmit, update or share any information which: 
10.2.1. belongs to another person and to which you do not have any right to; 
10.2.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; 
10.2.3. is misleading in any way; 
10.2.4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; 
10.2.5. harasses or advocates harassment of another person; 
10.2.6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"; 
10.2.7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; 
10.2.8. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number), rights of publicity, or sale of counterfeit/stolen items; 
10.2.9. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; 
10.2.10. contains restricted or password-only access pages, or hidden pages or images (including those not directly linked to or accessible from another page); 
10.2.11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; 
10.2.12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; 
10.2.13. contains a video, photographs, or images of another person; 
10.2.14. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or Application or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other users 
10.2.15. engages in commercial activities and/or sales without our prior express and written consent, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Website or Application; 
10.2.16.solicits gambling or engages in any gambling activity which could be construed as being illegal; 
10.2.17. interferes with another user's use and enjoyment of the Website or Application or any other individual's user and enjoyment of similar services; 
10.2.18. refers to any website or URL that, in our view, discretion, contains material that is inappropriate for the Website or Application or any other website/ application, contains content that would be prohibited or violates the letter or spirit of these Terms and Conditions; 
10.2.19. harms minors in any way; 
10.2.20. violates any law in force for the time being; 
10.2.21. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; 
10.2.22. impersonates another person or entity; 
10.2.23. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; or 
10.2.24. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence, or is insulting to any other nation. 
10.3. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Application or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or Application or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website or Application. We reserve the right to bar any such activity. 
10.4. You shall not attempt to gain unauthorized access to any portion or feature of the Website or Application, or any other systems, server, computer, or networks connected to the Website or Application, or to any of the Services offered on or through the Website or Application, by hacking, password "mining" or any other illegitimate means. 
10.5. You shall not probe, scan or test the vulnerability of the Website or Application or any network connected to the Website or Application, nor breach the security or authentication measures on the Website or Application or any network connected to the Website or Application. 
10.6. You may not reverse look-up, trace or seek to trace any information on any other individual accessing the Website or Application, or of any other customer, including any account on the Website or Application not owned by you, to its source, or exploit the Website or Application or any service or information made available or offered by or through the Website or Application, in any manner, including but not limited to reveal any personal identification or information, other than your own information, as provided for by the Website or Application. 
10.7. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us, or the brand name or domain name used by us, or otherwise engage in any conduct or action that might tarnish our image or reputation on any platform, and/or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. 
10.8. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Application or our systems or networks, or any systems or networks connected to us. 
10.9. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or Application or any transaction being conducted on the Website or Application, or with any other person's use of the Website or Application. 
10.10. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or Application or any service offered on or through the Website or Application. 
10.11. You may not use the Website or Application or any content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes our rights. 
10.12. You shall at all times ensure full compliance with the applicable laws and the rules made thereunder) regarding your use of our service. You shall not engage in any transaction, which is prohibited by applicable law. Further, no donation for reward or otherwise shall be made for any reason or as consideration for any transaction other than that which is the subject of the Application, and in no event shall any donation be used for any purpose that is considered unlawful or against public policy as per the applicable laws in India. 
10.13. Solely to enable us to use the information, you assign to us rights that you might have in your information; you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms and Conditions and Privacy Policy applicable to the use of the Website or Application. 
10.14. From time to time, you shall be responsible for providing information relating to the donations made by you and disclose it under applicable laws. In this connection, you undertake that all such information shall be accurate in all respects and that only you shall be solely responsible for any incorrect or knowingly false information provided by you. 
10.15. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website or Application, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website or Application. 
10.16. It is possible that other Users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website or Application and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website or Application, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website or Application you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website or Application. Please carefully select the type of information that you publicly disclose or share with others on the Website or Application. 
10.17. We reserve the right, at our sole discretion, to change or modify portions of these Terms and Conditions at any time. If we do this, we will notify you, either through the user interface (Website or Application), in an email notification or through other reasonable means, and unless otherwise stated, We may communicate with you officially by any reasonable means now known or later developed. These currently include email and postings on the Website or Application. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that: (i) changes addressing new functions of the Services or changes made for legal reasons will be effective immediately, and (ii) changes or modifications to the provisions therein. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms and Conditions. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the services from time to time, including, without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms and Conditions. 

11. Disclaimer of Warranties and Liability 
11.1. This Website or Application, all the materials and information and Services, included or otherwise made available to you through this site are provided on an "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, we do not warrant that: (i) This Website or Application will be constantly available, or available at all; or (ii) The information on this Website or Application is complete, true, accurate or non- misleading save and except as provided herein and which information is provided by the Applicants themselves and none that which is provided or verified. 
11.2. We will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website or Application. Nothing on the Website or Application constitutes, or is meant to constitute, advice of any kind. 

12. Breach 
12.1. Without limiting other remedies, we may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide you with access to the Website or Application in the event, but not limited to: 
12.1.1. If You breach the Terms and Conditions or Privacy Policy or other policies, if any; 12.1.2. If we are unable to verify or authenticate any information you provide; or 12.1.3. If it is believed that your actions may cause legal liability for you, other users or us. 
12.2. We may at any time at our sole discretion reinstate suspended users. A User that has been suspended or blocked may not register or attempt to register with us or use the Website or Application in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if you breach the Terms and Conditions or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you. 

13. Indemnity 
13.1. You shall indemnify and hold us harmless, our owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees (“Indemnified Parties”), against all claims, actions, penalties, prosecution, proceedings demand losses, disputes, charges, penalty, costs and expenses including reasonable attorneys' fees, that may arise or may be incurred by the Indemnified Parties as a consequence of any default, breach, non-observance, non-performance or negligent act whatsoever by the Applicant (or its beneficiary) of any terms, conditions, stipulations, provisions and/or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party more particularly stated herein and/or in any individual agreements executed amongst us. 
13.2. You agree to release, indemnify and hold us and our affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorney's fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any donation, any loan, any User Content, your connection to the Services, your violation of these Terms and Conditions or your violation of any rights of another. 

14. Intellectual property rights 
14.1. All content, software, and trademarks on our Services are protected by intellectual property laws, and except for the content you legally upload, you may not copy, modify, distribute, or exploit any part of the Services without our permission. If your access is blocked, you may not try to bypass it. 

You retain ownership of the content you upload (“User Content”) but grant us a broad, worldwide license to use it for operating and promoting the Services; this includes any names, images, or likenesses, for which you must have proper permissions and waive any rights or claims. We are not responsible for third-party content but may remove content that violates our Terms. Feedback you provide is non-confidential and may be freely used by us. If you believe your copyright or other IP rights are being violated, you can report it using our takedown procedure, and similarly, you may submit a counter-notice if your content was removed by mistake. We may suspend or terminate users who repeatedly infringe intellectual property rights. 

15. Jurisdiction 
15.1. These Terms and Conditions shall be governed by and interpreted and construed in accordance with the laws of India. By agreeing to these Terms and Conditions you expressly agree that the place of jurisdiction shall be exclusively in New Delhi. 

16. Limitation of Liability 
16.1. In no event shall we/Auster.Fund or its affiliates be liable for any incidental, indirect or consequential damages of any kind in connection with these terms of use. You expressly understand and agree that neither we nor our affiliates will be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service(s); or (v) any other matter relating to the Service(s). 
16.2. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the Services or with these terms of use, your sole and exclusive remedy is to discontinue use of the Services. 

17. Applicant’s Tax Liability(ies) 
17.1. Each Applicant may be required to verify their identity per the Know Your Customer (KYC) guidelines under the applicable laws, which may include verification of their registered mobile number via a One Time Password (OTP), and one of the identification documents viz. Permanent Account Number, Aadhar Card Number, Passport etc. recognised by the concerned authority in India. The list of such registered documents will be communicated. Your location as reflected on your Application must match your legal residence that you submit to us when you create a withdrawal request. Applicants may not create multiple Application without proof of meeting fulfilment obligations from the original Application. Failure to adequately fulfil Application obligations may result in us removing the Application (s) and seeking reimbursement of Application funds raised, including by using third-party collections services. Only the Applicants shall be permitted to collect funds. Applicants are responsible for collecting and remitting any taxes on contributions, and any taxes due in connection with Application shall not use a false email address to self-fund, or contribute to, their own Applicants; this is a violation of our policies and Terms and Conditions. We may attempt to verify the identity and other information provided to us by Application, and we may delay, withhold, reverse or refund any contributions or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Applicant’s eligibility is subject to our review of the fulfilment status of prior crowdfunding obligations. The Applicant sall be responsible for fulfilling its personal tax liabilities and any other liabilities arising from the receipt of Grant.. 
17.2. The Applicant acknowledges and agrees that we will not verify their compliance with applicable laws and it is the responsibility of the Applicant to procure the necessary approvals and do the necessary compliance before they receive/use/withdraw the funds received for the Grant. By asking to withdraw the foreign funds its understood by us that the recipient has completed the necessary documentation. 

18. Termination 
18.1. You agree that we, in our sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. We may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms and Conditions may be affected without prior notice and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Services. 

19. User disputes 
19.1. You agree that you are solely responsible for your interactions with any other user in connection with the Services and we will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Services. 

20. General 
20.1. These Terms and Conditions constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and us with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third-party software. 
20.2. Any party’s failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. 
20.3. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. 
20.4. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. 
20.5. A printed version of this Terms and Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 
20.6. You may not assign these Terms and Conditions without our prior written consent, but we may assign or transfer these Terms and Conditions, in whole or in part, without any restriction or consent required. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. 

20.7. We respect the privacy of our users. For details, please see our Privacy Policy. By using the Services, you consent to our collection and use of personal data as outlined therein. Also, you are willingly giving your permission to us to contact you via WhatsApp, Email, SMS, and other modes of communication. 

21. Contact Us 
Please send any questions or comments regarding this Website to info@auster.fund.


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