Acceptance of Terms

By accessing or using this website and its associated digital platforms (collectively, “the Website”), you agree to comply with and be bound by these Terms & Conditions, our Privacy Policy, and applicable Indian laws.

If you do not agree, you are requested not to use the Website or its services.

Legal Status

Sakha Foundation (“the Foundation”, “we”, “us”, or “our”) is a registered non-profit organization operating under Indian law for charitable, humanitarian, and environmental purposes.

The Foundation operates transparently and in compliance with:

• The Societies Registration Act, 1860 (or Indian Trusts Act, 1882, or Companies Act, 2013 – Section 8, as applicable)
• The Income Tax Act, 1961 (Sections 12A and 80G)
• The Foreign Contribution (Regulation) Act, 2010 (FCRA)
• The Information Technology Act, 2000 (IT Act) and DPDP Act, 2023

Scope of Application

These Terms & Conditions apply to:

• Visitors, donors, partners, volunteers, staff, and any individuals using or interacting with our Website or online donation portals.
• All digital communications, newsletters, campaigns, and online services conducted under the domain sakhafoundation.org and its subdomains.

Purpose of the Website

The Website aims to:

• Share information about Sakha Foundation’s mission, vision, and ongoing projects.
• Facilitate donations, volunteer sign-ups, and social awareness initiatives.
• Provide official updates, reports, and publications.

The Website is not a commercial platform and does not sell goods or services for profit.

User Obligations

By using this Website, you agree that you will:

• Provide accurate and truthful information while donating, registering, or volunteering.
• Not engage in hacking, phishing, or uploading harmful content.
• Not impersonate the Foundation or any of its representatives.
• Respect intellectual property rights and data privacy of others.

Intellectual Property Rights

All materials, designs, photographs, reports, videos, and graphics on this Website are the intellectual property of Sakha Foundation.

You may not copy, reproduce, modify, republish, or distribute such materials without prior written permission.

Legal Jurisdiction

This Website and its Terms are governed by the laws of India, and any disputes will fall under the jurisdiction of the Courts of Bhubaneswar, Odisha.

Modification of Terms

Sakha Foundation reserves the right to modify or update these Terms at any time without prior notice. Updated versions will be posted with a revised effective date.

Donations & Financial Contributions

• All donations made through www.sakhafoundation.org are voluntary and non-refundable, except in cases of proven duplicate or erroneous transactions.
• Donations are accepted through secure, RBI-compliant payment gateways only. The Foundation does not store or access donor banking details.
• All funds received are utilized strictly for approved charitable programs in accordance with the Foundation’s objectives and audited annually by a certified chartered accountant.
• Foreign contributions are received only under a valid FCRA registration through the designated SBI FCRA Branch, New Delhi.
• Donors are advised not to contribute through any third-party websites or unauthorized fundraisers. The Foundation is not responsible for losses from unofficial channels.

Volunteer Engagement

• Volunteers agree to act ethically and in good faith while representing the Foundation.
• The Foundation reserves the right to screen, approve, or remove volunteers based on conduct or policy violations.
• Volunteers must not use the Foundation’s name, logo, or materials for personal, political, or commercial gain.
• The Foundation is not liable for personal injury, loss, or damages occurring during voluntary activities unless caused by proven organizational negligence.
• All volunteers are subject to the Foundation’s Code of Conduct, Child Protection Policy, and POSH (Prevention of Sexual Harassment) Policy.

Cybersecurity & Anti-Fraud Policy

• Unauthorized access, hacking, phishing, or alteration of the Website or its servers is strictly prohibited under the Information Technology Act, 2000 (Sections 43–66).
• The Foundation logs user activity and IP addresses for security purposes and will report offences to CERT-In and relevant cyber-crime authorities.
• Users must ensure that their accounts, passwords, and devices remain secure while accessing donation or volunteer portals.
• Any fraudulent activity, impersonation, or misrepresentation of the Foundation’s identity will be treated as a criminal offence under IPC Sections 415–420 (Cheating) and 120B (Criminal Conspiracy).
• The Foundation’s official communications shall originate only from email addresses ending in @sakhafoundation.org.

Data Protection & Privacy

• Personal data collected from donors, volunteers, and visitors is handled under the Digital Personal Data Protection Act 2023 (DPDP Act).
• Information collected is used solely for lawful NGO activities—processing donations, issuing receipts, communicating project updates, and fulfilling regulatory compliance.
• The Foundation does not sell, trade, or rent user data. Limited sharing may occur only with authorized vendors (payment gateways, auditors) bound by confidentiality.
• Users may request access, correction, or deletion of their data by contacting support@sakhafoundation.org.
• In the event of a data breach, the Foundation will promptly notify affected individuals and the Data Protection Board of India as required by law.

Intellectual Property & Content Use

• All written content, designs, logos, project reports, and images on the Website are protected under the Copyright Act 1957 and Trade Marks Act 1999.
• Unauthorized reproduction, distribution, or alteration of materials without prior written consent is prohibited.
• Media content featuring beneficiaries, communities, or volunteers is published with consent and must not be reused for any other purpose.
• The Foundation retains full ownership of all project data, research outputs, and documentation.

Limitation of Liability

• The Foundation is not responsible for indirect, incidental, or consequential damages arising from website use, data delays, or third-party services.
• The Foundation’s total liability for any claim shall not exceed the total amount donated by the claimant in the preceding 12 months.
• External links provided on the Website are for convenience only; the Foundation is not responsible for the content or policies of those external sites.

Dispute Resolution

• Users agree to attempt amicable resolution through negotiation or mediation before resorting to legal proceedings.
• In unresolved cases, disputes shall be referred to arbitration under the Arbitration and Conciliation Act 1996, with the seat of arbitration at Khordha, Odisha.
• The applicable law governing this Agreement is the Law of India, and the courts at Khordha District, Odisha, shall have exclusive jurisdiction.

Transparency & Financial Integrity

• The Foundation maintains transparent accounting practices and undergoes an annual statutory audit by a Chartered Accountant.
• Audited financial statements and utilization reports are made available to government authorities, donors, and the public upon request or via the website.
• Donations are used strictly for charitable objectives defined in the Foundation’s charter and project plans.
• Funds are never used for political, commercial, or personal enrichment purposes.
• Any misuse or misappropriation of funds will invite disciplinary and legal action under IPC Sections 403 & 409 (Criminal Breach of Trust).

Child, Women & Community Protection

• Sakha Foundation is committed to protecting the rights and dignity of children, women, and vulnerable groups.
• All projects involving minors comply with the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Juvenile Justice Act, 2015.
• Staff and volunteers working with minors must undergo background verification.
• The organization follows the POSH Act, 2013 to prevent sexual harassment and provides a functional Internal Complaints Committee (ICC) for redressal.
• Photos or personal data of beneficiaries are published only with consent and used solely for awareness or reporting purposes.

Non-Discrimination & Ethics

• The Foundation operates on principles of equality and inclusion, serving all people regardless of caste, creed, religion, gender, language, ethnicity, disability, or economic background.
• The Foundation does not support or align with any political or religious organization.
• Partners, staff, and volunteers must act with integrity and respect toward communities and other stakeholders.
• Conflict of interest must be disclosed in writing before engagement in any project, contract, or CSR partnership.

Environmental & Digital Responsibility

• Sakha Foundation commits to sustainable operations by minimizing environmental impact, promoting renewable energy, and maintaining responsible digital infrastructure.
• The organization supports paper-free and eco-friendly documentation where feasible.
• The website adheres to web accessibility principles (WCAG) to ensure inclusion for differently-abled users.

Force Majeure

The Foundation shall not be held liable for any delay or failure to perform obligations arising from causes beyond its control, including but not limited to natural disasters, pandemic, internet failure, war, civil unrest, or government restrictions.

Amendments & Updates

• Sakha Foundation may modify these Terms at any time without prior notice to reflect changes in law, governance, or organizational policy.
• Updated versions will be published on www.sakhafoundation.org with a new effective date.
• Continued use of the website after such updates constitutes acceptance of the revised Terms.

Grievance & Reporting Mechanism

Any complaints or suspected misconduct, financial irregularities, cyber incidents, or data breaches may be reported confidentially to:

Email: support@sakhafoundation.org
Alternate: legal@sakhafoundation.org

• All grievances will be acknowledged within 30 working days and resolved within 90 working days where possible.
• Whistleblowers are protected from retaliation in accordance with the Whistleblower Policy of the Foundation.

Contact & Legal Correspondence

For any clarifications or legal correspondence, contact:

Acknowledgement

By using this website, making a donation, or engaging as a volunteer, you acknowledge that you have read, understood, and agreed to these Terms & Conditions in full.

Board Governance, Signatory, and Annual Compliance Clauses

25. Board Governance Clause

All organizational decisions — financial, operational, and legal — are made by the Governing Board / Executive Committee in accordance with your registration bylaws. Individual trustees, staff, or volunteers shall not make commitments or representations on behalf of the Foundation without written authorization.

26. Legal Representation & Signatory Clause

Only authorized signatories (President, Secretary, or Treasurer) may sign legal or financial documents. Any digital agreement or online campaign in the NGO’s name requires board approval.

27. Annual Compliance Clause

Sakha Foundation abides by mandatory filings under:

• NGO Darpan (NITI Aayog)
• CSR-1 / CSR-2 (MCA Portal)
• Income Tax Return for NGO (Form 10B, 10BD, etc.)
• FCRA Annual Return (Form FC-4)

Cybersecurity & Online Presence Protection

28. Social Media & Digital Communication Policy

Only verified pages (official NGO handles) represent Sakha Foundation. Misuse of the NGO’s logo or name on social media is punishable under IT Act, 2000, Section 66D (Impersonation). All online communications must adhere to organizational ethics and respect privacy, dignity, and copyright.

29. Domain & Email Authenticity

Official communication only happens through your verified domain (@sakhafoundation.org). Emails from free accounts like Gmail/Yahoo are not considered official unless explicitly approved.

30. Technology & AI Usage Clause

AI tools are used only for awareness, analysis, or design support. All decisions remain human-reviewed. The Foundation assumes no liability for algorithmic errors or third-party automation services.

Financial & Donor Safety

31. Donor Confidentiality & Data Security

Donor details (PAN, email, phone, donation amount) are protected under the Digital Personal Data Protection Act, 2023, and used only for lawful NGO purposes. Sharing donor data with marketing agencies is explicitly forbidden.

32. Anti-Money Laundering (AML) & Sanctions Clause

The Foundation will reject or return donations suspected to be linked with money laundering, terrorism financing, or entities under sanctions as per Indian or UN law.

33. Refund / Dispute Escalation Procedure

The clarification of the refund process is as follows:

1. Email proof of transaction to support@sakhafoundation.org
2. Verification by accounts team
3. Refund (if eligible) within 180 working days

People, Volunteers & HR Protection

34. Health & Safety Clause

Volunteers, field staff, and participants must adhere to safety protocols during projects or events. The NGO will provide reasonable support but is not liable for personal negligence or disregard of safety rules.

35. Media, Photography & Consent Clause

Images or videos featuring individuals are published only with consent and may not be reused without written approval. Beneficiaries’ identities (especially minors) are masked when needed.

36. External Partnerships & MoUs

Any partnership, collaboration, or sponsorship is valid only with a signed Memorandum of Understanding (MoU) approved by the governing body. The NGO is not liable for external partner commitments outside its control.

Miscellaneous Legal Safeguards

37. Severability Clause

If any clause of these Terms is found invalid or unenforceable under Indian law, the remaining provisions shall continue in full effect.

38. No Waiver Clause

Failure of the Foundation to enforce any right or provision shall not constitute a waiver of that right.

39. Governing Law (Extended)

The Foundation abides by Indian Constitution Articles 19 & 21, Information Technology (Amendment) Act, 2008, and Data Protection Board of India rules.

40. Termination of Service

The Foundation may suspend access to the Website or its services if any fraudulent, abusive, or harmful activity is detected.

Finality of Donations

• All donations made to Sakha Foundation, whether online, offline, or via third-party gateways, are final, irrevocable, and non-refundable.
• Once funds have been successfully credited to the Foundation’s account, they become the property of Sakha Foundation and will be used solely for charitable purposes.

No Cancellation After Payment

• The Foundation does not entertain any request for cancellation of donations once a payment has been processed.
• This applies to all modes of payment—credit/debit cards, UPI, bank transfers, net banking, international wire transfers, or any digital wallet transactions.

Legal Position

• Under the Income Tax Act 1961 and FCRA 2010, charitable donations are voluntary contributions; once accepted, they cannot be returned or reversed.
• The Foundation is bound by accounting, audit, and reporting laws that prohibit reversal of received donations.

Donor Responsibility

• Donors are advised to verify the amount, campaign, and payment details before final submission.
• The Foundation is not liable for donations made in error, through third-party solicitations, or to unofficial pages impersonating Sakha Foundation.

Program and Campaign Donations

• Donations made toward specific causes, beneficiaries, or relief drives are non-transferable and non-refundable, even if:
  • The campaign concludes early, is modified, or merged into another initiative.
  • The target amount changes or is exceeded.
• All contributions automatically support similar charitable objectives if a project is discontinued.

Foreign Contributions

For international donors, once funds reach the designated FCRA account (SBI New Delhi Branch), they cannot be refunded or repatriated, as per Section 17 & Rule 13 of the FCRA 2011.

Fraud and Chargeback Prevention

• Any chargeback or refund claim initiated after a valid transaction will be contested with documentary evidence submitted to the bank or payment gateway.
• The Foundation reserves the right to block future donations from users who attempt fraudulent chargebacks or misrepresent transactions.

Accounting Compliance

• All donations are recorded in the Foundation’s audited accounts and disclosed in statutory filings (CSR, Income Tax, FCRA).
• Once recorded, the amount cannot legally be altered or withdrawn from the audited books.

Technical Error Handling (Information Only)

• If a technical issue results in double debit or gateway malfunction, the payment provider (not the Foundation) will process correction or reversal as per RBI norms.
• The Foundation will cooperate with the provider but will not initiate refunds directly.

Governing Law & Dispute Resolution

• This policy is governed by Indian Law.
• Any dispute arising shall fall under the exclusive jurisdiction of the Khordha District Court, Odisha.
• The Foundation’s interpretation of this policy shall be final and binding on all donors.

Policy Amendments

• Sakha Foundation reserves the right to amend this policy at any time to align with new statutory or banking regulations.
• Updated versions will be published on www.sakhafoundation.org with a new effective date.