Terms & Conditions

A Legal Disclaimer

1. Introduction

Welcome to Retain Smilez. These Terms & Conditions (“Terms”) govern the use of our website, programs, services, volunteering, donations, partnerships, medical camps and all other activities conducted by Retain Smilez (hereafter “we”, “us”, or “the Organisation”). By interacting with us — submitting a form, donating, volunteering, participating in a program, using our website or receiving services — you agree to these Terms.

If you do not accept these Terms, please do not use our services or website. We may update these Terms from time to time; material changes will be posted on this page with a revised “Last updated” date.

2. About Retain Smilez (Legal status & registrations)

Retain Smilez is a registered not-for-profit organisation in India. Indian NGOs typically register under one of three legal forms: a Public Trust (Indian Trusts Act or local public trust law), a Society (Societies Registration Act) or a Section 8 Company under the Companies Act, 2013. Each form carries specific governance, reporting and compliance obligations. ClearTax

Retain Smilez obtains and maintains all legally required registrations, tax exemptions and licenses applicable to its operations (for example: Income Tax registrations under section 12A/12AB and 80G where applicable; statutory registrations required by state trust laws; and, where applicable, FCRA registration for receiving foreign contributions). Details of our registration numbers and certificates are available on request.

Note: Donors and partners should rely on the Organisation’s published registration numbers and certificates for verification.

Relevant legal fact-checks:

• Income tax exemptions and donor deduction certificates (e.g., 12A/80G) are distinct processes and require separate applications/renewals. FMSF India+1

• NGOs receiving foreign funds must comply with the Foreign Contribution (Regulation) Act (FCRA) and related reporting obligations. FCRA Online Services+1

3. Scope of Services

Retain Smilez provides the following services (illustrative, not exhaustive):

• Eye care: screening camps, spectacles distribution, cataract surgeries, ophthalmic follow-ups and vision rehabilitation.

• Community nutrition: Namma Unavu community kitchens, subsidized meals, food drives, emergency relief.

• Health initiatives: general medical camps, cancer screening, hearing-aid support.

• Livelihood & women empowerment: skill development, knowledge-based training and self-employment support.

• Education & youth development: early childhood programs, weekend classes, skill training and sports programs.

• Awareness programs: menstrual hygiene, family awareness, health education and life-goals counseling.

• Volunteer programs, internships and partnerships with NGOs, schools, corporates.

All services are subject to available resources, geographical coverage, statutory permissions, clinical suitability and safety protocols.

4. Donation Policy & Use of Funds

4.1 Acceptance & Allocation

• Donors may contribute online, by cheque, bank transfer or in-kind. All donations are receipts-issued as per law and recorded in our financial books.

• Donor funds are applied for the charitable purposes declared at the time of fundraising (programs, restricted funds, project funds). Unrestricted donations are used at the Organisation’s discretion for advancing its charitable objectives.

4.2 Restricted Gifts

• Where a donation is restricted (earmarked for a particular project), funds are used only for that purpose. If we are unable to use restricted funds for the stated purpose (e.g., project discontinuation or legal barrier), we will notify the donor and, where possible, propose an alternative use aligned with donor intent. If an agreeable alternative cannot be reached, a refund may be offered following our refund policy and applicable law.

4.3 Refunds & Cancellations

• Donations are generally non-refundable except as required by law or as expressly agreed in writing (e.g., overpayment, duplicate transaction, donor error). Refund requests should be emailed to our accounts team with proof of payment within 30 days; refunds may be processed after due verification and subject to administrative deductions (bank charges). Refunds for restricted funds will be handled consistent with donor intent and statutory restrictions (FCRA rules may apply for foreign funds).

4.4 Tax Certificates

• Donation receipts and tax certificates (e.g., 80G receipts) are issued in accordance with Income Tax rules and subject to the Organisation’s valid 80G status. Donors must retain receipts and consult tax professionals for exact tax benefits. 80G/12A approvals are periodically revalidated as required by tax authorities. ClearTax

5. Foreign Contributions (FCRA) — Receiving & Using Foreign Funds

• If Retain Smilez is FCRA-registered, all foreign contributions will be received and used strictly in compliance with the FCRA and Ministry of Home Affairs rules. Annual returns, audits and prescribed accounts will be filed on the FCRA portal within statutory timelines; restricted use and reporting obligations will be followed. Any foreign contribution acceptance is subject to regulatory clearance and guidelines, and the Organisation may refuse foreign funds that would breach compliance. FCRA Online Services+1

6. Volunteer, Intern & Staff Terms

6.1 Volunteer & Intern Conduct

• Volunteers/interns must follow the Organisation’s code of conduct, safety rules, child-protection and patient-protection policies. Background checks for roles with vulnerable groups (children, elderly, surgical assistance) may be required.

• Volunteers must respect patient confidentiality, maintain professionalism, and follow instructions from site supervisors. Retain Smilez reserves the right to suspend/terminate volunteering for misconduct or breach of policy.

6.2 Internships & Stipends

• Internship placements are offered for fixed periods and may be unpaid or stipend-based depending on the role. Internships are subject to programme-specific terms, confidentiality clauses, and supervision requirements.

6.3 Health & Safety

• Volunteers must disclose relevant medical conditions and follow safety instructions. The Organisation will not be liable for pre-existing conditions; volunteers must secure their own insurance where recommended.

7. Medical Services, Patient Consent & Clinical Limitations

7.1 Medical Advice & Consent

• All clinical services (screening, spectacles, surgeries) are delivered by qualified healthcare professionals. Patients/guardians must provide informed consent for clinical procedures; for minors and those unable to consent, legally authorised representatives must sign consent forms.

• Pre-operative and post-operative instructions must be followed; failure to comply can affect outcomes and is not the Organisation’s liability.

7.2 Medical Records & Follow-up

• Clinical records are maintained confidentially and used only for patient care, monitoring and legal compliance. Follow-up care depends on programme design and capacity; where the Organisation refers a patient to another facility, the partner’s terms apply.

7.3 No Warranty

• While we endeavor to deliver high-quality care, we do not guarantee specific clinical outcomes. Medical procedures carry inherent risks. Any decision to undergo treatment should be based on clinical consultation and informed consent, and the Organisation disclaims liability for unforeseeable medical complications except for proven negligence by our staff.

8. Data Protection & Privacy

Retain Smilez collects personal data for program delivery, donor management, medical records, volunteer management and compliance. We treat personal data with strict confidentiality and adhere to Indian data protection regulations:

• We follow applicable legal frameworks for privacy and data protection. In India, the Digital Personal Data Protection Act (DPDP Act, 2023) and related rules set requirements for lawful collection, purpose limitation, retention, consent, security and data subject rights. We implement reasonable technical and organisational measures to protect data and will process personal information only for legitimate NGO purposes. DLA Piper Data Protection+1

• Donors, volunteers, patients and partners have the right to request access, correction, portability or deletion of their personal data in line with applicable law. Requests should be submitted to our Data Protection Officer at the email listed on our website.

• We may share minimal personal data with service providers (payment processors, cloud hosts, clinical partners) only as necessary under contractual safeguards. Data transfers outside India, if any, will be made in compliance with law and appropriate safeguards.

9. Intellectual Property

• All content on the Organisation’s website (text, logos, images, graphics, reports) is the intellectual property of Retain Smilez unless otherwise stated. You may not reproduce, distribute, or create derivative works from our content without prior written permission.

• Photographs, patient stories and video used for publicity are published only with consent; if a subject later revokes consent, the Organisation will make reasonable efforts to remove the materials from public channels.

10. Website Use & Online Donations

• Use of the website must comply with our Acceptable Use Policy. Fraudulent transactions, misuse of forms, or attempts to harm the site will be reported to authorities.

• Online donations use third-party payment gateways. Transaction disputes and refunds are subject to payment gateway terms and our donation policy. We are not liable for payment gateway downtime or third-party failures but will assist donors in resolving genuine issues.

11. Complaints, Grievance Redressal & Transparency

• Retain Smilez is committed to transparency and accountable governance. Donors, beneficiaries, volunteers and partners may raise complaints or grievances by emailing our grievance redressal team at the email address on our website or by writing to our registered office. Complaints are acknowledged promptly and addressed within a reasonable timeframe.

• For matters relating to alleged misconduct, fraud, sexual harassment, child abuse or criminal behaviour, the Organisation will take immediate action, including suspension of implicated persons, internal inquiry, and reporting to statutory authorities as required.

12. Reporting, Audit & Financial Transparency

• Retain Smilez prepares annual audited financial statements and files statutory returns as required by law (Income Tax, FCRA if applicable, Registrar of Societies/Company authorities). We follow accounting standards and publish an annual report summarising activities, audited accounts, and programme outcomes. Regular audits, internal controls and governance reviews ensure accountability. Business Mitra+1

• Donors may request program-specific financial reports for major restricted gifts; reporting timelines will be agreed at the time of donation.

13. Partnerships & Corporate Social Responsibility (CSR)

• Corporate partners are onboarded via written Memoranda of Understanding (MoUs) specifying scope, KPI, reporting, timelines and disbursement terms. Retain Smilez aligns CSR projects with legally permissible CSR activities under the Companies Act and provides utilization certificates and impact reports as relevant.

14. Limitation of Liability & Indemnity

To the maximum extent permitted by law:

• Retain Smilez, its trustees, directors, employees and volunteers shall not be liable for indirect, incidental, special or consequential damages arising from participation in our programs, website use, or reliance on information provided, except where caused by gross negligence or willful misconduct.

• Users of our services agree to indemnify, defend and hold harmless Retain Smilez from any claims, damages, liabilities or expenses arising from misuse of services, false representations, violation of these Terms, or unlawful behaviour.

15. Medical & Volunteer Safety Disclaimers

• Participation in camps, surgeries, field trips, or logistics is at participants’ own risk if they do not follow safety instructions. We require volunteers to follow all safety and child protection policies at all times. Retain Smilez may require pre-placement health checks, immunizations or background verification for certain roles.

16. Termination & Suspension

• Retain Smilez reserves the right to suspend or terminate any user’s access, volunteer assignment, partnership, or funding relationship for breach of these Terms, illegal activity, misrepresentation, or conduct detrimental to beneficiaries, staff or the Organisation.

• Upon termination, outstanding obligations to donors and partners will be honored consistent with law and donor agreements; programmatic changes will be communicated.

17. Amendments

• Retain Smilez may amend these Terms at any time. Material changes will be posted on the website with an updated “Last updated” date. Continued use of our services after posting indicates acceptance.

18. Governing Law & Dispute Resolution

These Terms are governed by the laws of India. Any dispute arising out of these Terms or related to the Organisation’s activities shall be subject to the exclusive jurisdiction of courts in Chennai (Tamil Nadu), unless otherwise agreed in writing.

19. Contact & Compliance Officer

For queries about these Terms, donations, volunteer placements, data requests, grievance redressal or compliance, please contact:

Compliance & Grievance Officer
Retain Smilez
[Registered Address on Website]
Email: info@retainsmilez.org
Phone: [organisation phone number]

20. Special Provisions for Eye Care & Medical Services (Eye-specific)

• Clinical care protocols: All eye camps and surgical services follow established clinical protocols and infection control standards; surgical consent, counselling and pre-op assessments are mandatory.

• Spectacles distribution: Recipients of donated spectacles should attend follow-up checks; spectacle warranties apply as stated per distribution campaign.

• Surgical outcomes: Outcomes depend on individual clinical conditions; the Organisation will not guarantee absolute vision restoration but will guarantee adherence to accepted clinical standards of care and follow-up.

• Medical records: Ophthalmic records are held securely and shared only with patient consent or as lawfully required.

21. Transparency Commitments (Public Disclosure)

Retain Smilez commits to public transparency: our audited financial statements, annual report, programme metrics and impact stories are published annually on our website. We will continue to comply with statutory disclosures, and post program-specific outcomes for major projects and donor-funded interventions.

22. Accessibility & Inclusion

Retain Smilez aims to make services accessible to persons with disabilities, women, children and marginalised communities. Program design and camps are planned with accessibility and non-discrimination principles.

23. Acknowledgement & Acceptance

By donating, volunteering, partnering or participating, you acknowledge you have read, understood, and agree to these Terms & Conditions. You consent to the collection and use of your personal data as described above and agree to our refund, privacy, safety and code of conduct policies.

Terms & Conditions - The Basics 

Having said that, Terms and Conditions (“T&C”) are a set of legally binding terms defined by you, as the owner of this website. The T&C set forth the legal boundaries governing the activities of the website visitors, or your customers, while they visit or engage with this website. The T&C are meant to establish the legal relationship between the site visitors and you as the website owner. 

T&C should be defined according to the specific needs and nature of each website. For example, a website offering products to customers in e-commerce transactions requires T&C that are different from the T&C of a website only providing information (like a blog, a landing page, and so on).     

T&C provide you as the website owner the ability to protect yourself from potential legal exposure, but this may differ from jurisdiction to jurisdiction, so make sure to receive local legal advice if you are trying to protect yourself from legal exposure.

What to Include in the T&C Document

Generally speaking, T&C often address these types of issues: Who is allowed to use the website; the possible payment methods; a declaration that the website owner may change his or her offering in the future; the types of warranties the website owner gives his or her customers; a reference to issues of intellectual property or copyrights, where relevant; the website owner’s right to suspend or cancel a member’s account; and much, much more. 

To learn more about this, check out our article “Creating a Terms and Conditions Policy”.