Terms & Conditions

Web Agreement

TERMS OF USE

Welcome to fundgini.com, these Terms of Use are between you and fundgini.com having address at Office No.0816, Nirmal Corporate Centre, above Nirmal Lifestyle, LBS Marg, Mulund (West), Mumbai 400080.

fundgini.com (we, us, fundgini.com or our which express shall mean and include its affiliates successor and assignees of fundgini.com) is a Global Platform that works on subscription module (Monthly/Quarterly/Half Yearly and Yearly). The noble motive is of overall growth of business community and enabling the Dealmakers i.e. “buy side” (which shall mean and include fund providers, investors, investment bankers, high net worth individuals, corporates) and “sell side” (which shall mean and include fund seekers, startup companies, scale ups, private individuals and corporates). We Provide Global Exposure to Professionals, Business Leaders from Corporates, Expert Consultants, Entrepreneurs, Start-up, Scale ups, Niche products and Solution Providers etc, through our products like Deal rooms, Video Pitch, Awards, Web series and other products, which shall be introduced and updated time to time to accelerate the process of deal making to initiate handshake (which shall mean and include the “sell side” and “buy side” agrees to exchange their contact numbers, addresses, details with each other to negotiate outside of the platform for their business purposes and/or business strategies on their free will). We have weekly geography and industry specific virtual deal room calls.

The Platform and the Services are provided to you subject to these fundgini.com Terms of Use (these "Terms")

  1. Acceptance of Terms of Use Agreement.

The Platform and the Service are provided to you subject to these fundgini.com Terms of Use (these "Terms"). For the purpose of the Terms and wherever the context so requires, the terms "you" and "your" shall mean any person (including subscriber “buy side” and “sell side”), who uses or accesses, whether through manual or automated means, the Platform in any manner whatsoever including persons browsing the Platform and its content, posting comments or any content or responding to any advertisements or content on the Platform. By using the Platform, you agree to comply with these Terms. Additionally, when using a portion of the Platform, you agree to conform to any applicable posted guidelines for such Service of the Platform, which may change or be updated from time to time at our sole discretion. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with us or the Platform in any way, your only choice is to immediately discontinue the use of the Platform.

BY USING OUR PLATFORM, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF USE, AND OUR PRIVACY POLICY, WHICH CAN BE FOUND AT www.fundgini.com, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU CHOOSE NOT TO AGREE WITH ANY OF THESE TERMS, YOU MAY NOT USE THE PLATFORM.

By creating a fundgini.com account and subscribing to fundgini.com, whether through a mobile device, mobile application or computer, you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, (iii) Cookie Policy, (iv) Arbitration Procedures, (v) dispute resolve system, (vi) Safety Tips, and (vii) Community Guidelines and other policies which may be made applicable and updated from time to time, each of which is incorporated by reference into this Agreement, and any terms disclosed and agreed to by you if you purchase/subscribe additional features, products or services we offer on the Platform. If you do not accept and agree to be bound by all of the terms of this Agreement, you shall not be entitled to use and benefits of the platform of the fundgini.com.

fundgini.com reserves its rights to make changes to this Agreement and to the Service from time to time at our sole discretion. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices and policies. The most recent version of this Agreement will be posted on the Platform (under settings) and/or fundgini.com, and you should regularly check for the most recent version. The most recent and latest version is the version that applies and shall prevail on all earlier versions. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.

  1. Eligibility Criteria.

You are not authorized to create an account or access or use the Platform systems unless all of the following are true:

  • You are at least 18 years of age.
  • You agree and accept the Terms of Use, Privacy Policy, Cookie policy and other policies, which are introduced and updated from time to time.
  • You are competent in law to enter into an agreement with fundgini.com.
  • you are not a person who is barred from using the Service under the Indian laws or any other applicable jurisdiction,
  • you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and you have never been convicted of a felony or indictable offense (or crime of similar severity), or any crime involving violence, or any crime relating to finance, banking laws and tax invasion.

 

  1. Your Account.

In order to use our Platform, you may sign-in using a number of ways, including Email ID, Google account, linked account and OTP generated using phone numbers. If you choose to use your Google account and/or linked-in account, you authorize us to access and use your certain account information, including but not limited to your public profile. (For more information regarding details as we collect from you and how we use it, please see our Privacy Policy).

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for fundgini.com, and you are solely responsible for all activities that occur under those credentials.

  1. Modifying the Service and Termination.

fundgini.com is always striving to improve the Platform and bring you additional functionalities, features, programs, products, etc. that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at anytime, for any reason, by following the instructions:

 “By clicking on the My profile tab and selecting delete account option”.

We may terminate your account at any time without notice if it believes that you have violated this Agreement and/or any of the terms and conditions. Upon such termination, you will not be entitled to any refund for purchases.  After your account is terminated, this Agreement will also terminate.

  1. Safety; Your Interactions with subscribers.

Though we strives to encourage a respectful experience of the subscriber/s through features like Deal room, Deal posting and Chat Box that allows subscribers (buy side and sell side) to communicate only after they have both (with handshake) indicated their interest in one another, however, we are not responsible for the credentials, information, details of the subscriber and as such we are not responsible for conduct of any subscriber/s (buyside and sell side) on or off of the Platform. You agree to use caution in all interactions with other subscribers (buyside and sell side), particularly if you decide to communicate off the Platform. You agree that you will not provide your financial information (for example, your credit card or bank account information through the Platform), and we shall not be responsible for your future dealings with the buyside and sell side.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH SUBSCRIBER/S (INCLUDING BUYSIDE AND SELLSIDE). YOU UNDERSTAND THAT WE DO NOT CONDUCT INQUIRY / BACKGROUND CHECKS OF THE SUBSCRIBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CREDENTIALS, INFORMATION OR DETAILS OF SUBSCRIBER/S.

  1. Conduct & Community Rules.

We grant you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable subscription to access and use the Platform of fundgini.com. This subscription is for the sole purpose of letting you use and enjoy our platform for getting global exposure for your funding, strategic partnership, merger and acquisitions needs and overall growth development of your business, the Platform benefits as intended by fundgini.com and permitted by this Agreement. This subscription and any authorization to access the Service are automatically revoked, in the event that you do any of the following acts:

  1. That violates any term and condition of fundgini.com.
  2. That violates any law or regulation;
  • That violates any copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights unless you are the owner of such rights or have permission or a license from their rightful owner to post the material on the Platform with the permission of fundgini.com;
  1. That infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
  2. That is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever or otherwise inconsistent with or contrary to the laws in force;
  3. That disclosing personal or identifying information about another subscriber/s without consent of that subscriber/s;
  • That impersonates any person / subscriber or entity, including, but not limited to, our employee, or falsely states or otherwise misrepresents an affiliation with any person or entity or subscriber;
  • Deceives or misleads the addressee about any information or communicates any information which is grossly offensive or menacing in nature;
  1. That advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
  2. That contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
  3. That disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Platform.
  • That sends/uses misleading email addresses, or forged headers, or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
  • That deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  • That is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person / subscriber, entity for financial gain or to cause any injury to any person / subscriber. 

 Additionally, you agree not to:

  1. Make any improper, incorrect statement or defamatory comments or postings to or against any subscriber;
  2. Collect personal data about other subscribers or entities for unlawful purposes;

III.      Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Platform, except for internet search engines (e.g., Google) and non-commercial public archives;

  1. Attempt to gain unauthorized access to computer systems owned or controlled by fundgini.com or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Platform.
  2. Use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of fundgini.com's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of subscribers, other third parties or to remove posts without our permission.
  3. Any Content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate/block/suspend/delete/remove your account and access to the Site and we reserve the right to remove any non-compliant Content uploaded by you.
  4. PAID SERVICES

In addition to the subscription, we introduced additional features like Deal room slot, video pitch, fungini.com academy, fungini.com awards, web series. In addition to this, we may introduce and upload additional features from time to time for the separate paid services.

  1. Rights you Grant FUNDGINI.COM.

By creating an account, you grant to us a worldwide, transferable, royalty-free right and license to host, store, use, copy, display, to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from third parties, as well as any information you post, upload, display or otherwise make available (collectively, "post") on the Platform or transmit to other subscribers (collectively, "Content"). fundgini.com's license to your Content shall be non-exclusive, except that fundgini.com's license shall be exclusive with respect to derivative works created through use of the Service. For example, fundgini.com would have an exclusive license to screenshots of the Service that include your Content. In addition, so that fundgini.com can prevent the use of your Content outside of the Service, you authorize fundgini.com to act on your behalf with respect to infringing uses of your Content taken from the Service by other members/ subscribers or third parties. This expressly by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Platform may be viewed by other subscribers and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other fundgini.com subscribers).

You agree that all information that you submit upon creation of your account, including information submitted from your google account and/or linkedin account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to fundgini.com above.

You understand and agree that we may monitor or review any Content you post as part of a Platform. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Platform.

When communicating with us or any of our employee, you agree to be respectful and kind. If we feel that your behavior towards us or any of our employee / representatives is at any time threatening, harassing, or offensive, we reserve the right to immediately terminate your account without any notice to you.

Please be informed that we may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest.

  1. Disclaimers.

fundgini.com provides the service on an "as is" and "as available" basis and to the extent permitted by applicable law, grants no warranties of any kind, whether, express, implied, statutory, or otherwise with respect to the service including all content contained therein), including, without limitation, any implied warranties of satisfactory quality. We do not represent or warrant that (a) the Platform will be uninterrupted, secure or error free, (b) any defects or errors on the Platform will be corrected, or (c) that any content or information you obtain on or through the Platform will be accurate.

fundgini.com takes no responsibility for any content that you or another subscriber or third party posts, sends or receives through the Platform. any material downloaded or otherwise obtained through the use of the Platform is accessed at your own discretion and risk.

If two parties (sell side and buy side) agreed on a deal/handshake within any of the deal rooms provided on the platform, fundgini.com takes no responsibility for completion or facilitation of the said deal.  We do not take any guarantee, warranty or assurance of the buyside and sell side and we are not at all responsible for outcome and further commercial transaction between the buy side and sell side. The parties (sell side and buy side) are expected to perform their own background check and veracity of the subscribers involved.

  1. LIMITATION OF LIABILITY.

FUNDGINI.COM BEING A PLATFORM ONLY FOR INTRODUCTION OF THE SUBSCRIBER I.E. ENTERPRENEURS AND INVESTORS (SELL SIDE AND BUY SIDE) THERE IS NO LIABILITY OF ANY OUTPUT BETWEEN THE SUBSCRIBERS, THEREFORE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FUNDGINI.COM, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM, (II) THE CONDUCT OR CONTENT OF OTHER SUBSCRIBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE PLATFORM, OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF FUNDGINI.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FUNDGINI.COM'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE PLATFORM.

  1. Arbitration.
  2. Any dispute, claim arising out of the said contract shall be exclusively put before the sole arbitrator of the fundgini.com and the provisions of the arbitration and conciliation act, 1996 of India shall be applicable in exclusion of all other remedies.
  3. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and fundgini.com. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. If you assert a claim against fundgini.com your rights will be determined by a SOLE ARBITRATOR appointed by fundgini.com and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute.
  4. JURISDICTION

For the purposes of arbitration proceedings, the same shall be conducted at Mumbai, State of Maharashtra in India and the same shall have exclusive jurisdiction for conducting the arbitration proceedings,

  1. Governing Law.

For subscribers residing, conducting business at any place, city, state, etc. in the world the dispute, claims shall be conducted as per the laws prevailing and applicable in India.

  1. Indemnity by You.

You agree, to the extent permitted under applicable laws of India, to indemnify, defend and hold harmless fundgini.com, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney's fees due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

  1. Entire Agreement; Other.

This Agreement, which includes the Privacy Policy, Cookie Policy, the Safety. Tips, Community Guidelines and the Arbitration Procedures, and any terms disclosed and agreed to by you if you purchase additional features, products or services, we offer on the platform, contains the entire agreement between you and fundgini.com regarding the use of the Platform. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the fundgini.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your fundgini.com account is non-transferable and all of your rights to your account and its content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this agreement and you may not make any representation on behalf of or bind fundgini.com in any manner.

  1. Privacy Policy.

At fundgini, accessible from https://fundgini/, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by fundgini and how we use it.

If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us. Our Privacy Policy was generated with the help of the GDPR Privacy Policy Generator from GDPR Privacy [Please visit our privacy policy].

  1. Refund Policy

Once you accept and agree to our Terms of Use and Privacy Policy and becomes a Subscriber, in no case the refund of the subscription for becoming subscriber and/or use of any product shall be provided.

  1. General Data Protection Regulation (GDPR)

We are a Data Controller of your information.

fundgini.com legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect the information:

  • com needs to perform a contract with you
  • You have given fundgini.com permission to do so
  • Processing your personal information is in fundgini.com 's legitimate interests
  • com needs to comply with the law

fundgini.com will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our policies.

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or delete the information we have on you.
  • The right of rectification.
  • The right to object.
  • The right of restriction.
  • The right to data portability
  • The right to withdraw consent