The Fundoo website and applications along with its sub-pages and connected applications (current or future) are owned and operated by Fundoo VR LLP and shall be collectively referred to as “Fundoo”.
These Terms and Conditions govern the use of Fundoo and cover the following areas:
- Your relationship with Fundoo
- Your Account with Fundoo
- General Restrictions on Use
- Links from the website
- Third Party Content Featured on Fundoo
- Use of SMS/Mail communication
- Intellectual Property
- Copyright Policy
- Exclusion of Warranties
- Limitation of Liability
- Ending your relationship with Fundoo
- General Terms
- Changes to the Terms
Your use constitutes acceptance of these Terms and Conditions as of the date of your first use of Fundoo. If these Terms and Conditions are not accepted in full, the service of Fundoo must be terminated immediately.
1. YOUR RELATIONSHIP WITH FUNDOO
- Use of Fundoo is provided by Fundoo VR LLP
- Your use of Fundoo and any services available to you on or from the platform (collectively the “Services“) is subject to the terms of a legal agreement between you and Fundoo VR LLP.
- The Terms form a legally binding agreement between you and Fundoo VR LLP in relation to your use of the Services. It is important that you take the time to read them carefully.
- The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. “Content” includes the questions, data, text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials you may view on, access through or contribute to Fundoo.
2. YOUR ACCOUNT WITH FUNDOO
- In order to access some features of Fundoo or other elements of the Services, you will have to create an account with Fundoo. When creating your account, you must provide accurate and complete information. It is important that you must keep your account password secure and confidential.
- When you register on Fundoo you will be required to choose a password to protect your account. You are responsible for maintaining the confidentiality of your password. If you become aware of any unauthorized use of your password, we recommend that you change your password immediately and contact us.
- You agree that you will be solely responsible (to Fundoo, and to others) for all activity that occurs under your account with Fundoo.
- You agree and acknowledge that Fundoo contains public and client areas. The client area is accessible to clients who have opened an account and contains Fundoo. The internet platform allows you to open and close positions with us and gives you access to account information including your open positions as well as other features. You can open or close a position on the entry screen by hitting the relevant button. A confirmation will appear on the screen and the new position should be reflected in your account information.
- Upon your opening an account on Fundoo we shall provide you with an account number and password. It is your obligation to keep these details confidential and you should not disclose them to anyone else. You acknowledge and agree that any instruction or communication transmitted by you or on your behalf via Fundoo is made at your own risk. You authorize us to rely and act on, and treat as fully authorized and binding upon you, any instruction given to us that we believe to have been given by you or on your behalf by any agent or intermediary whom we believe in good faith to have been duly authorized by you. You acknowledge and agree that we shall be entitled to rely upon your account number and/or password to identify you and you agree that you will not disclose this information to anyone not duly authorized by you.
3. GENERAL RESTRICTIONS ON THE USE
Fundoo hereby grants you permission to access and use the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part.
- You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of Fundoo by any third party;
- You agree not to misrepresent your identity or affiliation with any other person or organization;
- You agree not to distribute any part of or parts of Fundoo or the Services, including but not limited to any Content, in any medium without Fundoo’s prior written authorization, unless Fundoo makes available the means for such distribution through functionality offered by the Services (such as the social media sharing buttons);
- You agree not to alter or modify any part of Fundoo or any of the Services;
- You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Services or the content accessible via the Services;
- You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Services in a manner that sends more request messages to the Fundoo servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
- You agree not to interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the Fundoo systems;
- You agree not to collect or harvest any personal data of any user of Fundoo or any Services; You agree not to use Fundoo or the Services (including the comments and features on Fundoo) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
- You agree not to solicit, for commercial purposes, any users of Fundoo with respect to their Content;
- You agree not to access Content for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Services; and
- You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Fundoo or the respective licensors of the Content.
- You agree that you will comply with all of the other provisions of the Terms at all times during your use of the Services.
- Fundoo grants the operators of public search engines permission to use spiders to copy materials from Fundoo for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Fundoo reserves the right to revoke these exceptions either generally or in specific cases.
- Fundoo is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Fundoo provides through Fundoo may change from time to time without prior notice to you.
- As part of this continuing innovation, you acknowledge and agree that Fundoo may stop (permanently or temporarily) providing the Services (or any features within the Service) to you or to users generally at Fundoos sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Fundoo when you stop using the Services.
- You agree that you are solely responsible for (and that Fundoo has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Fundoo may suffer) of any such breach.
- Users from the following states are not allowed to place bids on Fundoo: Orissa, Telangana, Assam, Karnataka, and Andhra Pradesh. Any users found resident from these states will be automatically blocked from Fundoo and all his/her recharge amounts will be refunded immediately.
4. LINKS FROM THE WEBSITE
- The Services may include hyperlinks to other web sites that are not owned or controlled by Fundoo. Fundoo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
- You acknowledge and agree that Fundoo is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- You acknowledge and agree that Fundoo is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
5. THIRD PARTY CONTENT FEATURED ON FUNDOO
- Fundoo contains articles, photographs, text, graphics, pictures, designs, music, sound, video and other content belonging to or originating from third parties (the “Third Party Content”). Whilst Fundoo does check Third Party Content for accuracy, appropriateness and completeness when initially posted, we assume no responsibility for any Third Party Content posted on Fundoo, including without limitation the content, accuracy, offensiveness, opinions, reliability of or contained in the Third Party Content. Such Third Party Content will be clearly labelled as such on Fundoo.
- You acknowledge that Fundoo is not liable for any loss or damage which may be incurred by you as a result of the Third Party Content, or as a result of any reliance placed by you on the completeness or accuracy of such content.
6. SMS/EMAIL COMMUNICATION
- You may provide us your mobile phone number and email address, in order for you to receive text messages (SMS) from us on your phone and mails on your email ID.
- You can expect to receive text and email alerts from us on key updates, important events and issues.
- There is no extra subscription cost to receive these alerts, but standard message rates and data charges from your carrier apply to sending and/or receiving text messages and mails. Check with your carrier if you have questions about your plan and costs.
7. INTELLECTUAL PROPERTY
- The name ‘Fundoo’, the logo and any other product that we may present on Fundoo or its associated services from time to time may not be used in connection with any product or service that is not Fundoo’s, nor in any manner that is likely to cause confusion, or in any way that may disparage or discredit Fundoo.
- Other trademarks, service marks or logos that appear on Fundoo or its associated services, in particular (but not exclusively) those of Third Parties, are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use.
8. COPYRIGHT POLICY
- All content on Fundoo and its associated services is owned by Fundoo, or other original providers, and is protected by the applicable intellectual property and proprietary rights and laws.
- Commercial use or publication of all or any item displayed is strictly prohibited without prior authorization from Fundoo and, where applicable, the copyright holder. If you require further information about the use of content, please contact us.
9. EXCLUSION OF WARRANTIES
- Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
- The Service is provided “as is” and without any representation or endorsement made and without warranty, whether express or implied.
- In particular, Fundoo does not represent or warrant to you that: Your use of the Services will meet your requirements; Your use of the Services will be uninterrupted, timely, secure or free from error; Any information obtained by you as a result of your use of the Services will be accurate or reliable; That Fundoo or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the materials; and That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
- No conditions, warranties or other terms (including any implied terms as to the satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
10. LIMITATION OF LIABILITY
- Nothing in these Terms shall exclude or limit Fundoo’s liability for losses which may not be lawfully excluded or limited by applicable law.
- Subject to the overall provisions in these Terms mentioned above Fundoo shall not be liable to you for:
- Any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
- Any loss or damage which may be incurred by you as a result of;
- Any reliance placed by you on the completeness, accuracy or existence of any materials contained on Fundoo;
- Any changes which Fundoo may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Service);
- Your failure to provide Fundoo with accurate account information;
- Your failure to keep your password or The Fundoo account details secure and confidential.
- The limitations on Fundoo’s liability to you in paragraph 11.2 above shall apply whether or not Fundoo has been advised of or should have been aware of the possibility of any such losses arising.
11. ENDING YOUR RELATIONSHIP WITH FUNDOO
The Terms will continue to apply until terminated by either you or Fundoo as set out below:
- You have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or Fundoo is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or If you want to terminate your legal agreement with Fundoo, you may do so by (a) notifying Fundoo at any time and (b) closing you’re Fundoo account. Your notice should be sent, in writing to us.
- Fundoo may terminate its legal agreement with you if Fundoo is transitioning to no longer providing the Service to users in the State in which you are resident or from which you are using the Services.
- When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Fundoo have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
12. GENERAL TERMS
- The Terms constitute the whole legal agreement between you and Fundoo and govern your use of the Services and completely replace any prior agreements between you and Fundoo in relation to the Services.
- You agree that if Fundoo does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Fundoo has the benefit of under any applicable law), this will not be taken to be a formal waiver of Fundoo’s rights and that those rights or remedies will still be available to Fundoo.
- You agree that Fundoo may provide you with notices, including those regarding changes to the Terms, by email, regular mail, SMS or postings on the Service.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- These terms and conditions shall be governed and construed in accordance with the laws of the Republic of India. Any disputes shall be subject to the exclusive jurisdiction of the Courts of Chandigarh.
- A person who is not a party to these Terms of Service has no right to enforce any term of these Terms of Service.
- If the whole or any part of a provision of these terms and conditions is void, unenforceable or illegal in a jurisdiction then that provision or, if permissible, the relevant part of it, will be severed in respect of that jurisdiction. The remainder of the Terms and Conditions will have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause will have no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.
- We may send notices to the email address provided to us by you. It is your responsibility to ensure that you notify us of any change to your email address. Any notice sent by us to your email address shall be deemed to have been delivered at the time of sending.
13. CHANGES TO THE TERMS
- We may revise or amend these Terms at any time at our sole discretion, for example to address changes to the law or regulatory changes or changes to functionality offered through Fundoo. The modified version of the Terms (the “Modified Terms”) will be posted on this page. Therefore, you must look at the Terms regularly to check for such changes.
- If we make any substantive changes in the way we collect or use personally identifying information provided by Users, we will post a prominent announcement on our web site home page. We will never change our policies and practices to make them less protective of user information collected prior to the effective date of any changes without the consent of affected users. We encourage users to visit this page periodically to review our current policy.
- If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
- Fundoo reserves the right to abandon a specific question or set of questions related to a specified future event, or adjust the deadline for bidding on such specified future event in certain specific, uncertain scenarios, which are beyond Fundoo’s reasonable control. Fundoo shall endeavor to send communications through various modes including but not limited to emails, about any such change to keep the user updated.