IMPORTANT LEGAL NOTICE — JURIDICAL DISCLAIMER
THIS INSTRUMENT CONSTITUTES A BINDING AGREEMENT BETWEEN THE PARTICIPANT (HEREINAFTER REFERRED TO AS "REGISTRANT" OR "DONOR") AND THE KANAYADAN SAMRIDHI TRUST (HEREINAFTER REFERRED TO AS "THE TRUST", "NGO", OR "OPERATOR"). THE SCHEME DENOMINATED AS "KANAYADAN SAMRIDHI YOJANA" (HEREINAFTER "THE SCHEME") IS A PURELY VOLUNTARY SOCIAL WELFARE INITIATIVE UNDERTAKEN BY THE OPERATOR.
THE PARTICIPANT HEREBY EXPRESSLY ACKNOWLEDGES, UNDERSTANDS, AND VOLUNTARILY AGREES THAT THE SCHEME DOES NOT CONSTITUTE, NOR SHALL IT BE DEEMED TO CONSTITUTE, A "DEPOSIT", "CHIT", "MONEY CIRCULATION SCHEME", "COLLECTIVE INVESTMENT SCHEME", "MUTUAL FUND", "INSURANCE PRODUCT", "PENSION SCHEME", OR ANY OTHER FINANCIAL PRODUCT REGULATED BY THE RESERVE BANK OF INDIA, SECURITIES AND EXCHANGE BOARD OF INDIA (SEBI), INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY OF INDIA (IRDAI), OR ANY OTHER STATUTORY OR REGULATORY BODY.
THE OPERATOR HEREBY EXPRESSLY DISCLAIMS AND RENOUNCES ANY AND ALL OBLIGATIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR CONTRACTUAL, TO PROVIDE ANY GUARANTEED RETURN, FIXED MATURITY PROCEEDS, ASSURED PAYOUT, PERCENTAGE OF INTEREST, CAPITAL APPRECIATION, OR ANY OTHER PECUNIARY BENEFIT WHATSOEVER TO ANY PARTICIPANT OR REGISTERED BENEFICIARY UNDER ANY CIRCUMSTANCES WHATSOEVER.
ANY AND ALL MONIES TENDERED BY THE PARTICIPANT TO THE OPERATOR SHALL BE DEEMED IRREVOCABLY AND UNCONDITIONALLY AS A VOLUNTARY DONATION/CONTRIBUTION (HEREINAFTER "CONTRIBUTION") TO THE OPERATOR'S WELFARE CORPUS. SUCH CONTRIBUTION SHALL BE NON-REFUNDABLE AND NON-REPATRIABLE UNDER ANY CONTINGENCY, INCLUDING BUT NOT LIMITED TO WITHDRAWAL, CANCELLATION, DISSATISFACTION, OR TERMINATION OF THE SCHEME.
ANY EX-GRATIA ASSISTANCE (HEREINAFTER "ASSISTANCE") THAT MAY BE PROVIDED BY THE OPERATOR TO ANY REGISTERED BENEFICIARY SHALL BE PURSUANT TO THE SOLE, ABSOLUTE, AND UNFETTERED DISCRETION OF THE OPERATOR. SUCH ASSISTANCE, IF PROVIDED, SHALL BE IN THE NATURE OF A GRATUITOUS PAYMENT AND SHALL NOT CREATE ANY PRECEDENT, LEGAL RIGHT, EQUITABLE ESTOPPEL, ACTIONABLE CLAIM, OR CAUSE OF ACTION AGAINST THE OPERATOR, ITS TRUSTEES, OFFICERS, EMPLOYEES, VOLUNTEERS, OR AGENTS.
THE OPERATOR RESERVES THE ABSOLUTE AND UNILATERAL RIGHT TO MODIFY, SUPPLEMENT, SUSPEND, OR TERMINATE THE SCHEME IN ITS ENTIRETY, IN ITS SOLE DISCRETION, WITHOUT ASSIGNING ANY REASON THEREFOR AND WITHOUT INCURRING ANY LIABILITY WHATSOEVER TO ANY PARTICIPANT, BENEFICIARY, OR THIRD PARTY.
BY PROCEEDING WITH REGISTRATION, THE PARTICIPANT IRREVOCABLY AND UNCONDITIONALLY ACCEPTS, AGREES TO, AND CONSENTS TO BE BOUND BY ALL THE FOREGOING TERMS AND THE ADDITIONAL TERMS SET FORTH HEREINBELOW.
DEFINITIONS AND INTERPRETATION
1.1. "Beneficiary" shall mean and include the girl child registered under the Scheme, in whose favour the participation has been undertaken.
1.2. "Contributor" shall mean and include any natural person being the parent, legal guardian, or authorized representative of the Beneficiary who has tendered a Contribution to the Trust.
1.3. "Corpus" shall mean and refer to the aggregate of all Contributions received by the Trust, together with any accretions, interest income, or other receipts derived therefrom.
1.4. "Ex-Gratia Assistance" shall mean any gratuitous payment or benefit provided by the Trust to a Beneficiary, the provision of which is solely discretionary and does not constitute a debt, obligation, or liability of the Trust.
1.5. "Force Majeure" shall include, without limitation, acts of God, war, civil commotion, pandemic, governmental action, regulatory changes, or any other event beyond the reasonable control of the Trust.
1.6. "Registration" shall mean the process of enrolling a Beneficiary into the Scheme by submitting the requisite information and documentation as prescribed by the Trust.
NATURE AND CHARACTER OF THE SCHEME
2.1. The Scheme is a voluntary social welfare initiative and does not constitute any form of commercial transaction, investment contract, or financial arrangement regulated by any statutory authority.
2.2. The Trust does not and shall not guarantee any quantum of Ex-Gratia Assistance, nor does it represent, warrant, or assure that any Assistance shall be provided at any time.
2.3. Any illustrations, projections, or indicative amounts (including but not limited to ₹4,999 to ₹32,999 as suggested Contribution ranges, or ₹1,00,000 as illustrative Assistance amount) are provided solely for explanatory purposes and shall not be construed as representations, warranties, guarantees, or promises of any kind.
2.4. The relationship between the Contributor and the Trust is that of a donor to a charitable organization. Nothing contained herein shall be construed to create a relationship of debtor-creditor, trustee-beneficiary, principal-agent, partnership, joint venture, or employer-employee.
TERMS OF CONTRIBUTION
3.1. All Contributions made to the Trust shall be voluntary, unconditional, and irrevocable.
3.2. No Contributor shall have any right to demand, claim, or receive a refund of any Contribution, in whole or in part, under any circumstances whatsoever, including but not limited to cancellation of Registration, death of the Beneficiary, dissatisfaction with the Scheme, or termination of the Scheme.
3.3. The Trust shall have the absolute discretion to utilize the Corpus for such charitable, philanthropic, or welfare purposes as the Trust may determine, subject to its Memorandum of Association and Applicable Laws.
3.4. Contributions may be eligible for deduction under Section 80G of the Income Tax Act, 1961, subject to the conditions prescribed therein. The Trust shall provide a donation receipt for all Contributions received. Tax benefits, if any, shall be availed by the Contributor at their own responsibility.
ELIGIBILITY AND REGISTRATION
4.1. Registration under the Scheme is open to girl children who are citizens of India and whose family's annual household income does not exceed such threshold as may be prescribed by the Trust from time to time.
4.2. The Trust reserves the right to verify, authenticate, and validate any information submitted during Registration. Provision of false, misleading, or fraudulent information shall constitute a material breach rendering the Registration void ab initio.
4.3. The Trust may, in its sole discretion, reject any Registration application without assigning any reason or providing any explanation therefor.
4.4. Registration does not confer any vested right, entitlement, or guarantee of any benefit, assistance, or service upon the Beneficiary or Contributor.
EX-GRATIA ASSISTANCE - DISCRETIONARY NATURE
5.1. The provision of any Ex-Gratia Assistance to a Beneficiary shall be at the sole, absolute, and unfettered discretion of the Trust.
5.2. No Beneficiary or Contributor shall have any legally enforceable right, claim, or entitlement to receive any Ex-Gratia Assistance under any circumstances.
5.3. The quantum, frequency, timing, and conditions of any Ex-Gratia Assistance shall be determined solely by the Trust, and such determination shall be final, binding, and non-justiciable.
5.4. The Trust expressly disclaims any representation that Ex-Gratia Assistance shall be provided upon the Beneficiary attaining the age of twenty-one (21) years or upon marriage or upon the occurrence of any other event or contingency.
5.5. In the event Ex-Gratia Assistance is provided, such assistance shall be disbursed only upon submission of such documentation as the Trust may require, including but not limited to valid proof of identity, proof of age, marriage certificate, and such other documents as the Trust may prescribe.
EDUCATIONAL SUPPORT SERVICES
6.1. The Trust may, in its discretion, arrange for educational support services to be provided to Beneficiaries, including online classes, counselling sessions, and other pedagogical assistance.
6.2. The provision of such educational support services shall be on an "as available" basis, and the Trust makes no representation, warranty, or guarantee regarding the quality, continuity, regularity, or effectiveness of such services.
6.3. The Trust may, without prior notice, modify, substitute, suspend, or terminate any or all educational support services as it deems fit.
6.4. Offline classes, if and when offered, shall be subject to the availability of infrastructure, volunteers, funding, and such other factors as the Trust may consider. Any target dates for launch of offline classes (including but not limited to October 2026) are indicative only and do not constitute binding commitments.
RESERVATION OF RIGHTS BY THE TRUST
7.1. The Trust reserves the right, exercisable in its sole and absolute discretion, to amend, modify, supplement, replace, or rescind these Terms and Conditions in whole or in part at any time without prior notice.
7.2. The Trust reserves the right to suspend, discontinue, terminate, or abandon the Scheme in its entirety, without incurring any liability whatsoever to any Contributor, Beneficiary, or any other person.
7.3. The Trust reserves the right to de-register any Beneficiary, without refund of any Contribution, if the Trust determines, in its sole discretion, that the Beneficiary or Contributor has violated any term hereof, provided false information, or acted in a manner detrimental to the Trust's objectives.
7.4. The Trust reserves the right to alter, reduce, or eliminate any educational support or Ex-Gratia Assistance previously made available or communicated as being under consideration.
LIMITATION OF LIABILITY AND INDEMNITY
8.1. To the maximum extent permitted under Applicable Laws, the Trust, its trustees, officers, employees, volunteers, representatives, and agents (collectively "Trust Parties") shall not be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages arising out of or in connection with the Scheme, including but not limited to loss of expectations, loss of opportunity, or financial loss.
8.2. The maximum aggregate liability of any Trust Party to any Contributor or Beneficiary, if any, shall be strictly limited to the amount of Contribution made by such Contributor, and such liability shall arise only upon a final non-appealable order of a competent court.
8.3. Each Contributor and Beneficiary hereby irrevocably and unconditionally indemnifies and holds harmless the Trust Parties from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorney fees) arising from or relating to their participation in the Scheme.
GOVERNING LAW AND DISPUTE RESOLUTION
9.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of India.
9.2. Any dispute, controversy, or claim arising out of or relating to the Scheme or these Terms and Conditions shall first be attempted to be resolved through good-faith negotiations between the parties.
9.3. If such dispute cannot be resolved within thirty (30) days of written notice, the dispute shall be referred to a sole arbitrator mutually appointed by the parties. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, and the seat of arbitration shall be [City].
9.4. All proceedings, including arbitration and any subsequent judicial proceedings, shall be subject to the exclusive jurisdiction of the courts at [City, State], India.
MISCELLANEOUS PROVISIONS
10.1. Severability: If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
10.2. Waiver: No failure or delay by the Trust in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof.
10.3. Force Majeure: The Trust shall not be liable for any failure or delay in performance due to Force Majeure events.
10.4. Entire Agreement: These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
10.5. Notice: Any notice required to be given hereunder shall be in writing and sent by registered post or email to the address last communicated by the Contributor to the Trust.
GRIEVANCE REDRESSAL MECHANISM
11.1. Any grievance, complaint, or query regarding the Scheme may be submitted in writing to the Grievance Officer of the Trust.
11.2. Contact details of the Grievance Officer:
📧 Email: grievance@kanayadantrust.org
📞 Phone: +91-XXXXXXXXXX (10:00 AM to 5:00 PM IST, Monday to Friday)
🏢 Address: Grievance Officer, Kanayadan Samridhi Trust, [Registered Office Address with PIN Code], India
11.3. The Trust shall acknowledge receipt of any grievance within seven (7) working days and shall endeavor to resolve the same within thirty (30) days from the date of receipt.
ACKNOWLEDGMENT AND CONSENT
BY SUBMITTING THE REGISTRATION FORM AND/OR TENDERING ANY CONTRIBUTION TO THE TRUST, THE CONTRIBUTOR AND THE BENEFICIARY (THROUGH THEIR LEGAL GUARDIAN) IRREVOCABLY AND UNCONDITIONALLY:
- ACKNOWLEDGE HAVING READ, UNDERSTOOD, AND VOLUNTARILY AGREED TO ALL THE FOREGOING TERMS AND CONDITIONS;
- CONFIRM THAT THEY HAVE NOT BEEN INDUCED TO PARTICIPATE BY ANY REPRESENTATION, WARRANTY, OR GUARANTEE NOT EXPRESSLY SET FORTH HEREIN;
- WAIVE ANY AND ALL RIGHTS TO CHALLENGE THE VALIDITY, ENFORCEABILITY, OR LEGALITY OF THESE TERMS;
- RELEASE THE TRUST PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND LIABILITIES ARISING FROM OR RELATING TO THE SCHEME;
- CONFIRM THAT THEY HAVE BEEN ADVISED TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO PARTICIPATION.