Terms of Use

1. General

1.1 This Terms of Use is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder as amended from time to time. 

1.2 The terms “we/us/our” shall refer to Fundfolio Ventures Private Limited, having our registered office at  C9, Nimbus Cloud Villas Mangalapuram, Thiruvananthapuram, Kerala – 695302, and the terms “you/your” shall refer to the users and any other persons accessing or seeking to use the Platform (defined below)

1.3 This Terms of Use is a legally binding document between you and us, when you access and/or use our website located at marketfeed.news, fundfolio.in and our mobile application, marketfeed (or “App”) (collectively, the “Platform”). It provides the terms and conditions based on which we offer you the access to the Platform for use, and for availing the Services (defined below) offered through the Platform. 

1.4 The Terms of Use, the Privacy Policy, the Disclaimer and any other applicable polices (the “Policies”), as updated from time to time, govern the relationship and transactions between you and us, in relation to the access and/or use of the Services offered through the Platform.

1.5 Please read the terms and conditions of the Terms of Use fully before using, signing up on the Platform or accessing any material, information, content or availing Services through the Platform. By downloading, installing, or otherwise accessing or using our Platform or Services (whether in whole or in part), you agree that you have read, understood, and agree to be bound by the Terms of Use. By agreeing to the Terms of Use, you represent and warrant that you are at least the age of majority in your state/province/country of residence, or that you are the age of majority in your state/province/country of residence and you have given us your consent to allow any of your minor dependents to use our Services. You also represent and warrant to us that you will use the Platform in a manner consistent with any and all applicable laws and regulations.

1.6 Upon your consenting to the Terms of Use and other Policies (which are incorporated by reference into this Terms of Use), we hereby grant you a limited, personal, revocable, non-assignable, non-transferable and non-exclusive license to use our Services. This license is for the sole purpose of enabling you to use the Services in the manner expressly permitted by this Terms of Use and our other Policies.

1.7 This Terms of Use is an electronic document and does not require any physical, electronic or digital signature. By accessing or using the Platform, you indicate that you understand, agree and consent to the terms and conditions contained in this Terms of Use. If you do not agree with the terms and conditions of this Terms of Use, please do not use this Platform.

1.8 We reserve the right to amend the terms and conditions of this Terms of Use from time to time. You agree that the amended terms and conditions of this Terms of Use shall be effective on the date they are posted on the Platform. It will be presumed that you have received such notice of amendment if and when you access the Platform after the notice of amendment to this Terms of Use has been placed on the Platform. By using the Platform or using the Services after such amendments have been made, you assent to and will be bound by the revised Terms of Use.

2. Services 

2.1 Our Platform offers comprehensive finance-related news, content and educational information. Further, we offer customized services to various categories of users. You can find out more about our subscription plans here. 

2.2 It is your responsibility to ensure that the details provided by you are accurate. Based on the information provided by you to us, you may be provided with a login identification (such as a username and password, or a guest identification or any other identifier). You are solely responsible for all activities that occur under your login identification and must notify us immediately of any unauthorized use or other security breach relating to your login identification.

2.3 Further, you warrant that the information you provide to us is updated, and that you are bound to inform us promptly, if any change occurs in the information provided earlier.

2.4 Our Services include periodic delivery to you of offers, discounts or other information that may be of interest to you based on your stated preferences or your location.

2.5 We reserve the right to block, disable or delete your login identification/account, or suspend or terminate your use of our Services, at any time, if in our opinion, you have failed to comply with any of the provisions of the Terms of Use or any other Policies, or if any details you provided us for availing the Services prove to be false or misrepresented. 

3. Limitation of liability

3.1 We do not guarantee, represent or warrant in any manner that your use of our Services will be uninterrupted, timely, secure or error-free, on account of telecommunication interruptions or other disruptions. We also do not warrant that the Platform and its servers are free of computer viruses or other harmful mechanisms. If your use of the Platform or content therein results in the need for servicing or replacing your computer, mobile or other equipment or data, we are not responsible for any such costs.

3.2 We shall not be liable for any damage to your computer, mobile or other equipment or for loss of data that may result from the download of any content, material, and information from the Platform or use of any software, systems, functionality, or other services on the Platform. 

3.3 Our Platform may contain message boards, chat rooms, or other such communication forums (collectively, “Forums”). We may also have presence on social networking websites including but not limited to LinkedIn, Facebook, Twitter, YouTube, Telegram and blogs which are promotional and business initiatives to attract, engage and connect to a larger group of people. We shall not be liable in any way for any content (including, but not limited to, inaccurate, false, erroneous, incomplete, threatening, defamatory, obscene, offensive, infringing, illegal content) posted by third-party users, or for any loss or damage of any kind incurred as a result of the use of any content on our Platform or the Forums or our social networking websites. Further, we shall not be liable for any unlawful acts (including but not limited to posting of non-public information in violation of applicable laws such as SEBI (Prohibition of Insider Trading) Regulations, 2015, misuse of any data, unfair trade practices, fraud, or cyber-crimes) committed by you or your affiliates, relatives, employees or agents. In the event you post information or content that, you know, or reasonably should know, cannot be legally distributed on our Platform or the Forums or our social networking websites, you will be subject to legal action under the applicable laws.  

3.4 We (and/or our owners, officers, directors, consultants, contributors, advertisers, affiliates, partners, employees, group companies, agents, representatives or subcontractors or any other associated entities or persons, collectively referred to as the “Associated Entities”) make no representations or warranties, express or implied, with respect to any content, information, features, software, data, system, functionality, statements and Services contained on this Platform for their accuracy, completeness, timeliness or otherwise. They are all provided on an "as is" and "as available" basis. We and/or our Associated Entities hereby disclaim all warranties and conditions with regard to these content, information, features, software, data, system, functionality, statements and Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and availability. You understand and accept that the reliance on our Services is solely at your own judgment and risk.

3.5 You agree that, from time to time, we may suspend, modify, restrict or remove our Services for uncertain or indefinite periods of time or cancel the Services at any time, without notice to you.

3.6 You acknowledge that third-party links on our Platform may direct you to third-party sites or pages or applications that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites or pages or applications, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or pages or applications, or for any other data, information, products or services of any third-parties.

3.7 We may provide you with access to third-party tools which we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion; and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

3.8 We and/or our Associated Entities shall, in no event, be liable to you for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Platform, or for any consequences arising out of information submitted by you, or on account of your inability to use this Platform, or for any content, information, features, software, data, system, functionality, statements and Services obtained through this Platform, or otherwise arising out of the use of this Platform, whether based on contract, tort, strict liability or otherwise. 

4. Indemnification

4.1 You shall indemnify, defend and hold harmless, us and our Associated Entities, from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) your access and use of the Platform, (b) any non-compliance with the terms and conditions hereof, or (c) any third-party actions relating to the access/use of our Platform or our Services, whether authorized or unauthorized. 

5. Intellectual property rights

5.1 All content on the Platform (including but not limited to software, text, images, graphics, audio and video) constitutes our exclusive property, and we possess all the intellectual properties therein (“Protected Material”), except the third-party content. 

5.2 You shall not copy, modify, reproduce, republish, transmit, post, distribute, use or appropriate the Protected Material in any form without our prior written permission. Unauthorized use of the Protected Material may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties.

5.3 Subject to the Privacy Policy, all information derived as a result of the Services provided on the Platform shall be owned by us, and we shall have the right to utilize such information in a manner we deem fit.


6. Severability

6.1 If any term, provision, covenant or condition of this Terms of Use is held void, invalid, illegal or unenforceable for any reason, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired in any manner.

7. Entire Agreement

7.1 This Terms of Use constitutes the entire agreement between you and us, and no other agreement, written or oral, exists between us.

7.2 You acknowledge and represent that you have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Terms of Use and other Policies.

8. Assignment or Transfer

8.1 The rights granted to you under this Terms of Use are not assignable or transferable, in whole or part, and is personal to you. The Company reserves this right and at its absolute discretion, can assign the rights and obligations under this Terms of Use (or any part thereof) to an affiliate or to another entity in connection with a corporate transaction, or any other commercial arrangement, or otherwise.

9. Termination

9.1 You agree that we may, in our sole discretion and without prior notice, terminate your access to the Platform and block your future access to the Platform if we determine that you have violated the terms and conditions of this Terms of Use or other Policies. These remedies are in addition to any other remedies which we may have at law or in equity.

9.2 In addition to Clause 9.1 above, we may, at any time, with or without notice, terminate these terms of the Terms of Use with you if:
   a. We are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
   b. The provision of the Services to you by us is, in our sole discretion, no longer commercially viable;
   c. We elect to discontinue, with or without reason, providing our Services (or any part thereof); or
   d. In the event we face any unexpected technical issues or problems that prevent the Platform and/or Services from working.
   e. You assign or transfer (or attempt the same) any rights granted to you under this Terms of Use. 

9.3 Termination of your account may include:
   a. removal of access to all offerings within the Platform or with respect to the Services;
   b. disabling access to the account information, including your personal information, login ID and password, and all related information, files and materials associated with your account (or any part thereof), and any user content uploaded by you; and
   c. prohibiting further use of the Services.

9.4 You agree that termination shall be made at our sole discretion and we shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your account information), or your access to the Platform and Services.

9.5 Upon termination of this Terms of Use, all rights granted to you will terminate and revert to us. Regardless of the reasons for termination of this Terms of Use, the fee charged if any for access to the Services is non-refundable.

9.6 The provisions regarding limitation of liability, indemnification and intellectual property rights shall survive such termination.

10. Force Majeure

10.1 If performance of any Services or obligations under the terms and conditions of this Terms of Use or any other provisions of the Policies, by us or other third parties in fulfilment of associated transactions (for e.g. payment gateways etc.) is prevented, restricted, delayed or interfered with on account of a Force Majeure Event (defined below), then we (or associated third-parties) shall be excused from such performance to the extent of and during the period of such Force Majeure Event.

A "Force Majeure Event" shall mean any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, earthquakes, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided it is beyond our reasonable commercial control), power or electricity failure or unavailability of adequate power or electricity.

11. Communications

11.1 When you use the Platform or send emails or other data, information or communication to us, you agree and understand that you are communicating with us electronically, and you consent to receive communications electronically from us periodically, and as and when required.

11.2 We will communicate with you by email or by notices on the Platform or electronic records on the Platform or on your mobile number which will be deemed adequate service of notice.

12. Feedback

12.1 You agree and accept that, any creative ideas, suggestions, information, proposals, plans, feedback or other materials, whether online by email, postal mail or otherwise (“Feedback”), you provide us, shall be deemed to be non-confidential, and we reserve the right to use such Feedback in an manner we deem fit, in any medium, without any restriction. 

12.2 We may, but shall have no obligation to, respond, monitor, edit or remove any Feedback appearing on the Platform that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or other rights, or of this Terms of Use.

12.3 Further, by submitting the Feedback, you represent and warrant that:
   a. Your Feedback does not contain confidential or proprietary information of anybody including yourself or other third parties. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or the Platform.
   b. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and their accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
   c. We are not under any obligation of confidentiality, express or implied, with respect to the Feedback.
   d. You are not entitled to any compensation or reimbursement of any kind from us for the Feedback under any circumstances.

12.4 We may at our discretion, make any modifications or changes to the Platform, the content therein and/or Services on the basis of such Feedback, however, we shall not be obliged to do so. Further, in the event that we makes any changes or modifications to the Platform, the content therein and/or Services on the basis of any such Feedback, you shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Platform, the content therein and/or Services.

12.5 You hereby waive all rights under applicable laws in relation to any changes or modifications that the Company may make in relation to the Platform, the content therein and/or Services, pursuant to the Feedback.

13. Governing law and jurisdiction 

13.1 This Terms of Use shall be governed by and construed in accordance with the laws of India.

13.2 We and you shall make all reasonable endeavors to settle any dispute, difference or claim arising out of or in connection with this Terms of Use amicably through negotiations. Any dispute arising out of or in connection with this Terms of Use that is not settled by negotiations within 30 days of notice being given by either party, shall be subject to the jurisdiction of the courts of Cochin, Kerala, India.

14. Contact Information

14.1 Questions about the Terms of Use should be sent to us at [email protected]