The terms “We/Us/Our” shall refer to Fundfolio Fintech Private Limited, having the registered office at 39/2475-B1, Suite#346, LR Towers, SJRRA 104, S Janatha Rd, Palarivattom, Kochi Ernakulam KL 682025 IN, and the terms “You/Your” shall refer to the users and any other persons accessing or seeking to use the Platform (as defined below).
The Policies, as updated by Us 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.
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.
You also agree and accept that the Platform allows you to network with other users or third parties, and share the performance of your respective portfolio. We disclaim that We will not be providing any input, advice or advertisement in regard to You sharing Your portfolio. Neither You nor Us are required to be registered as investment advisors with the Securities and Exchange Board of India. You also consent for your portfolio to be shared on the Platform in accordance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011.
It is Your responsibility to ensure that the details provided by You are accurate. We will collect and store information in a database such as username, name, e-mail address, contact information and payment information, such as card number or UPI-ID. Based on the information provided by You to Us, You may be provided with a login identification (such as a username and password, 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.
You shall not host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person and to which you do have any right of use.
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.
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.
Provision of Real-Time Data
The Company has partnered with authorized data distributors of the Indian stock exchanges, in order to enable You to receive and use certain categories of real-time data. The Company will facilitate the provision of such data on an “as is” and “as available” basis, via Our Platform.
In the event You subscribe to any of the Our plans that entails receiving such real-time data, You shall be governed by the following rules in relation to the use of such data:
You shall use the data solely for trading for in Your own account, and for You personal end-use.
You shall not communicate or otherwise furnish, or permit to be communicated or otherwise furnished, such data, in any format, to any person/entity, nor allow any such person/entity to access, directly or indirectly, any of the data.
You shall undertake all the necessary technical and organizational measures in order to guarantee the security of such data.
You shall not disseminate the data to any person/entity;
You shall not create/issue/introduce/license and/or allow any third party or index creator to create/issue/introduce any indices/product linked to such data.
You understand and agree that the data constitutes valuable confidential information, including personal data and sensitive personal data or information.
You understand and agree that You will have no rights (including to the intellectual property rights), title, or interest whatsoever, in and to such data, or in relation to the data.
We do not select or modify the information shared by You or any third-party on the Platform and the same is shared on an “as is” basis.
Terms of Payment
Certain Services available on the Platform are accessible upon payment, and such charges shall be exclusive of the applicable taxes payable by You, including goods and services tax. The charges due and payable from You shall be as per the rates in effect at the time at which it is charged. For purchasing the Services, You shall provide Us with accurate and complete payment information, authorising Us to charge You. In case of failure in making any payment, We will not commence or terminate Your access to the paid Services.
We use the services of third-party payment gateways for processing your payment and share the payment information and other identifiers with such third parties in accordance with their terms and conditions. Thus, Your payments shall be in accordance with the terms and conditions of such third-party service provider, and We shall not be responsible or liable for any failed or incomplete fulfilment of any payment instructions issued by You or any actions taken by you in respect of the same. Your bank or other third-party payment intermediaries may charge You currency conversion fees, bank charges and other transaction fees which shall be payable by You.
We may also pay certain consideration to You for sharing Your portfolio from time to time and the consideration payable shall be at the sole and absolute discretion of the Company.
We reserve the sole and absolute discretion and right to introduce or remove any plans or alter the pricing from time to time.
Limitation of liability
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.
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.
Our Platform may contain message boards, chat rooms, or other such communication forums (collectively, “Forums”). We may also have a 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, agents or contractors. In the event, You post information or content that, You know, or reasonably should know, cannot be legally distributed on Our Platforms, Forums or Our social networking websites, You will be subject to legal action and held liable to the appropriate authorities under the applicable laws.
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.
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.
Any information, including in the nature of advice and/or suggestion received by You may not be from subject experts and You must obtain specialist or professional advice before taking or not taking any action on the basis of the information made available on the Platform.
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.
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 on an “as is” and “as available” basis 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 such optional third-party tools. Any use by You of the optional third-party 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).
We and/or Our Associated Entities shall, in no event, be liable to You for any direct, indirect, punitive, incidental, special or consequential damages or hold you harmless for any claims and/or loss 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.
You shall indemnify, defend and hold harmless, Us and Our Associated Entities, from any and all claims and/or 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.
Intellectual property rights
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.
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 under applicable laws.
Assignment or Transfer
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;
The provision of the Services to You by Us is, in Our sole and absolute discretion, no longer commercially viable;
We elect to discontinue, with or without reason, providing Our Services (or any part thereof);
In the event We face any unexpected technical issues or problems that prevent the Platform and/or Services from working; or
Termination of Your account may include:
removal of access to all offerings within the Platform or with respect to the Services;
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
prohibiting further use of the Services.
You agree that termination shall be made at Our sole and absolute 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.
The provisions regarding limitation of liability, indemnification and intellectual property rights shall survive such termination.
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 the 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.
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.
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.
Further, You hereby authorize and give consent to Us and Our third-party service providers, to send you, from time to time, various information, alerts, SMS, messages, calls or commercial communications, and other such communications on Your registered mobile number, whether or not Your number is registered with National Do Not Call Registry, or listed in National Customer Preference Register. You also confirm that You are consenting to receive such communications, and You will not hold Us or Our third-party service providers liable, or institute any complaint under the Telecom Commercial Communications Customer Preference (TRAI) Regulations, 2010 or such other applicable regulations including any amendment thereof, as may be applicable from time to time. This service will be auto renewed every month and if You wish to terminate this service, please write an email to [email protected] or call Our support number at +91-9633877377.
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 any manner We deem fit, in any medium, without any restriction.
Further, by submitting the Feedback, You represent and warrant that:
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.
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 its accuracy. We take no responsibility and assume no liability for any Feedback posted by You or any third party.
We are not under any obligation of confidentiality, express or implied, with respect to the Feedback.
You are not entitled to any compensation or reimbursement of any kind from Us for the Feedback under any circumstances.
We may at Our sole and absolute 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 make 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.
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.
Governing law and jurisdiction
We are committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any User concerns through our Grievance cell.
All grievances related to the use of Platform shall be addressed to Sooraj (the “Grievance Officer”). Please write us at [email protected] or call us at +919633877377 for raising any grievances. The Grievance Officer will get back to You within 48 (forty-eight) hours of the receipt of any complaint from You.
Every grievance will be provided with a complaint or ticket number which can be used to track the status of the grievance. Redressal or closure of a grievance might take approximately 1 (one) month from the date of receipt of complaint.
However, if you are dissatisfied with our grievance redressal mechanism, the dispute will be resolved through mediation in accordance with Consumer Protection Act, 2019 and as provided in Clause 16 above.