AML Policy

Introduction


This website is maintained by KD Financials for TS Foundation Charitable Trust (hereinafter referred to as “the trust”). The trust is committed to maintain the good corporate governance, ethical business practices, complies with applicable laws and this policy shall govern our practices to make sure that no one can use this website (hereinafter referred to as “the platform”) for any kind of money laundering activity. To achieve this objective and subject to the provisions of Prevention of Money Laundering Act; 2002 (hereinafter referred to as “the Act:), we have prepared this Anti-Money Laundering Policy (“AML Policy”) and request our users as well as our employees to carefully read and adhere to the provisions of the Act and the AML Policy.

Applicability


This money laundering policy applies to all persons using and accessing the platform. This includes all donors, donees, contributors, campaigners, employees and persons visiting our platform. All these persons are collectively referred to as “Users” or “users”.

Definitions


“Money laundering” Shall have the same meaning as defined under Section 2(1)(p) read with Section 3 of the Act. It states as follows: Whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming it as untainted property shall be guilty of offence of money-laundering.

Explanation.—For the removal of doubts, it is hereby clarified that,—

(i) a person shall be guilty of offence of money-laundering if such person is found to have directly or indirectly attempted to indulge or knowingly assisted or knowingly is a party or is actually involved in one or more of the following processes or activities connected with proceeds of crime, namely:—
(a) concealment; or
(b) possession; or
(c) acquisition; or
(d) use; or
(e) projecting as untainted property; or
(f) claiming as untainted property,
in any manner whatsoever,

(ii) the process or activity connected with proceeds of crime is a continuing activity and continues till such time a person is directly or indirectly enjoying the proceeds of crime by its concealment or possession or acquisition or use or projecting it as untainted property or claiming it as untainted property in any manner whatsoever.

“Suspicious Transactions”
Suspicious Transactions shall be regarded as all those transactions and irregular practices which may result in Money Laundering if ignored and it may include:

(i) Non-disclosure of complete and correct identity of the user.
(ii) Initiating any transaction without disclosure of the identity of the beneficiary/beneficial owner of the funds/principal on whose behalf the transaction has been initiated.
(iii) Payments made in cash or cash equivalents or any other mode where the identity of the beneficiary/beneficial owner/principal as the case may be cannot be identified. ;
(iv) Users making payments in through banking channel, then requesting refunds in cash or cash equivalents
(v) On-boarding of users by The Trust employees based on incomplete information or in contravention of The Trust’s policies;
(vi) Any transaction with users connected to countries and/ or persons identified as non- cooperative by the Reserve Bank of India, Financial Action Task Force on Money Laundering established by the G-7 Summit in 1987, Office of Foreign Assets Control, US Department of Treasury and international organisations against money laundering.
Provided that the funds, if any, received by the Company in contravention of clause (i) to (vi) above shall be kept in abeyance and shall not be utilized in accordance with the order issued by the competent Court/Authority.

For ensuring compliance:


1. Users must, at all times, ensure that they access and/ or utilise The Trust’s platform in compliance will all applicable laws.

2. Users must, and without delay, report abuse to the Trust and the trust shall take necessary step to ensure that money laundering shall not take place and inform the relevant government authorities if the Board of Trustees of The Trust is having the view that it is necessary to do so to ensure the compliance of applicable laws and to stop any criminal or illegal activity.

Upon receiving knowledge of suspicious transactions or any breach of applicable law or this policy, The Trust may take one or more of the following steps:
1. Investigate the matter,
2. Report the incident directly to the appropriate government authority;
3. Suspend or delete a campaign;
4. Suspend or delete the user account(s);
5. Other steps/actions that Board of Trustee may deem appropriate.

CONSEQUENCES OF AML POLICY VIOLATIONS


By using the platform, the users are bound to adhere to the AML Policy of The Trust and agree that irreparable damage may occur to the Trust if any of the provisions of this AML Policy or the Act are not complied with. Accordingly, The Trust is entitled to claim damages from users for violating this AML Policy in addition to any other remedy to which they are entitled at law or in equity.

Notwithstanding anything contained in any engagement letter, appointment letter or any other appointment document, services of any employee can be suspended or terminated with immediate effect and without any compensation if he is found of guilty of processing any transaction including money laundering intentionally and/or have accepted any gift/benefit from any person for processing such transaction.

THE TRUST’S LIABILITY


Subject to the provisions of the applicable law, The Trust shall have no liability in respect of any illegal transactions that take place on its platform if it takes action pursuant to this policy and applicable law.

COMPLIANCE AND CO-OPERATION


This policy must be complied with by the user in addition to the local laws applicable to the users in their home jurisdictions. Users agree that upon being requested by the Trust or its legal counsel or any government authorities they shall fully cooperate with them in any formal or informal inquiry, investigation or other proceedings. In this regard, users agree that they will promptly provide all information or documents they may possess relevant to the inquiry, investigation or legal action or proceeding without any demur and at their own costs.

MAINTENANCE AND DISCLOSURE OF RECORDS


To help us to comply with applicable law we obtain and record information that identifies users on our platform. For a detailed list of information collected, please visit https://www.HifazatCare.org/support/faqs.php . The Trust hereby reserves the right to maintain records confirming the identity of its users and the transactions undertaken by them for as long as may be required under applicable law. The Trust also reserves the right to disclose this information to government authorities in case of any inquiry, investigation or other proceedings initiated by them.

GOOD FAITH


The Trust relies on the good faith of its users to promptly report any concerns or suspicious activities envisaged by this AML Policy to government authorities. The Trust presumes that all information (including documents relating to the identity of its users) is true and correct and the users represent the same to the Trust by virtue of using the services of the Trust.

Unless otherwise disclosed by the user, it is presumed that he is acting for his own and not as an agent. The onus of the disclosure lies on the user and he/she shall be solely responsible for any consequence arising out of such non-disclosure.

To ensure that we are not involved in any transactions that are known or suspected to be means of laundering money, if any suspicious activity is noticed, users of the the platform are urged to promptly contact help@HifazatCare.org.

AMENDMENT


The Trust reserves the right to modify and amend this AML Policy at any time. Users are recommended to review the AML Policy from time to time, for updates. For the informing the users, trust will provide a notification on the homepage of the website about the change in the AML Policy, which will be deemed to be sufficient disclosure. In the event of modification or amendment to the AML Policy, continued use of the platform, after any amendment/modification, will constitute acceptance of the modified or amended terms. If the modifications or amendments to the AML Policy are not acceptable by any registered users, the only remedy would be to cease usage of the Trust platform, by deleting the relevant account or writing to us at help@HifazatCare.org.

JURISDICTION & SURVIVAL


Any dispute or claim relating in any way to this AML Policy is subject to the exclusive jurisdiction of the courts in Delhi. Laws prevailing in India, without regard to principles of conflict of laws, will govern this AML Policy and any dispute related to/arising from this AML Policy, between the Trust and the concerned user.

This AML Policy will survive the termination of the Trust’s relationship with the concerned user.

HELPDESK


Any user having any queries or require any assistance in relation to this policy, please write to us at help@HifazatCare.org.