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Home Terms of Service

Terms of Service

Terms of Service

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

The domain name thefond.co (hereinafter referred to as “Website”) is owned by Fond Solutions Private Limited a company incorporated under the Companies Act, 2013 with its registered office at Bengaluru, Karnataka, India (hereinafter referred to as “thefond.co”).
Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Fond Solutions Private Limited and these terms and conditions including the policies constitute Your binding obligations, with thefond.co.
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer/Customer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. thefond.co allows the User to surf the Website or make purchases after registering on the Website. The term “We”, “Us”, “Our” shall mean Fond Solutions Private Limited.
When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Service Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
ACCESSING, BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By implicitly or expressly accepting these Terms of Use, You also accept and agree to be bound by thefond.co Policies (including but not limited to Privacy Policy) as amended from time to time.

Membership/Registration Eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, undischarged insolvents, etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the thefond.co website and shall not transact on or use the website. As a minor, if you wish to use or transact on the website, such use or transaction may be made by your legal guardian or parents on the Website. thefond.co reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to thefond.co’s notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations
If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current, or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website. “Pet/s” shall mean and include any animal that is dependent on the User financially, operationally and/or in any other way, either in whole or in part, and been subject to the Device at the User’s discretion, either solely and jointly with other Users.

Communications
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other modes of communication, electronic or otherwise. Refer to the ‘Electronic Communication’ section in ‘Legal’ for more information.

Charges / Fees
Membership on the Website is free for buyers. thefond.co does not charge any fee for browsing on the Website. In particular, thefond.co may at its sole discretion introduce new services/products and modify some or all of the existing services/products offered on the Website. In such an event thefond.co reserves the right to introduce fees for the new services/products offered or amend/introduce fees/prices for existing services/products, as the case may be. thefond.co reserves the right to change its Fees/prices from time to time. Changes to the Fees/Prices shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees/prices shall be quoted in Indian Rupees. You shall be solely responsible for compliance with all applicable laws including those in India for making payments to Fond Solutions Private Limited.

Use of the Website

You agree, undertake and confirm that Your use of the Website shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
    • Belongs to another person and to which You do not have any right.
    • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilia, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    • Is misleading in any way;
    • Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
    • Harasses or advocates harassment of another person;
    • Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
    • Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
    • Infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
    • Promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    • Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
    • Provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
    • Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
    • Contains video, photographs, or images of another person (with a minor or an adult).
    • Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    • Engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website. Throughout this Terms of Use, thefond.co’s prior written consent means a communication coming from thefond.co’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
    • Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
    • Interferes with another USER’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;
    • Refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
    • Harm minors in any way;
    • Infringes any patent, trademark, copyright, or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
    • Violates any law for the time being in force;
    • Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • Impersonate another person;
    • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
    • Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
    • Shall not be false, inaccurate, or misleading;
      1. Shall not, directly or indirectly, offer, attempt to offer, trade, or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline for the time being in force.
      2. Shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
  2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
  3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
  4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
  5. You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of thefond.co or sellers on the platform or otherwise tarnish or dilute any thefond.co’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or thefond.co’s systems or networks, or any systems or networks connected to thefond.co.
  6. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
  7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
  8. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of thefond.co and/or others. Refer to ‘Limited License and Restrictions of Use’ in the ‘Legal’ section for more information.
  9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules, and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/GST, Income Tax, Octroi, Service Tax/GST, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  10. Solely to enable Us to use the information You supply Us with so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
  11. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.

  12. You shall not engage in advertising to or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with an investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

    We reserve the right, but have no obligation, to monitor the materials posted on the Website. thefond.co shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIGSTE MESSAGES. Please be advised that such Content posted does not necessarily reflect thefond.co’s views. In no event shall thefond.co assume or have any responsibility or liability for any Content posted or for any claims, damages, or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

  13. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
  14. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
  15. thefond.co shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through a group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services). For more details, please refer to the ‘No Guarantee/Warranty’ section in ‘Legal’.
  16. The Company does not warrant the accuracy of the information and/or suggestions provided by the application including but not limited to vets, services, pet boarders, grooming places and every other Pet related service, reliability on the such information/suggestions shall be at the risk of the user.
  17. Notwithstanding anything contained herein, the User shall not use the Device, the App and/or Services for any other animal other than the Pet.

Customer Agreement for our Services & Products

We reserve the right to modify the Terms of Use at any time without giving you any prior notice. Your use of our services following any such modification constitutes your agreement to follow and be bound by the Terms of Use, as modified. Any additional terms and conditions, disclaimers, privacy policies, and other policies applicable to general and specific areas of our services or to any particular services offered by us are also considered as Terms of Use. By agreeing to these terms, you also agree to the terms of use of the service, which are available at thefond.co.

  1. You acknowledge that you will be bound by this agreement for availing of any of the veterinary services offered by us.
  2. Your right to use our website and our veterinary services will be solely at the discretion of thefond.co.
    • You acknowledge that you will be bound by this agreement for availing of any of the veterinary services offered by us.
    • The services may change from time to time, at the sole discretion of thefond.co, and the agreement will apply to our veterinary home visits & home services and your use of the website to avail the veterinary service/s, as well as to all information provided by you on thefond.co website at any given point in time.
    • This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you and/or your Pet/s are registered as a member with us. If you have any questions about any part of the Agreement, please get in touch with us at support@thefond.co
    • By downloading or accessing the website to use our veterinary services and products offered by theofnd.co, you irrevocably accept all the conditions stipulated in this agreement, the Pet Parent’s Consent, and any Privacy Policy, and agree to abide by them. This agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the website to avail of our services. By availing of any veterinary service & products, you signify your acceptance of the terms of this agreement.
    • We reserve the right to modify or terminate any portion of the agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the agreement at regular intervals. Your use of the website following any such modification constitutes your agreement to follow and be bound by the agreement so modified.
    • You acknowledge that you will be bound by this agreement for availing of any of the services offered by us. If you do not agree with any part of the agreement, please do not use the website or avail of any of our services. The agreement is published in compliance with, and is governed by the provisions of Indian law, including but not limited to:
      1. the Indian Contract Act, 1872,
      2. the (Indian) Information Technology Act, 2000, and
      3. the rules, regulations, guidelines, and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
    • You must be 18 years of age or older to register, use our veterinary services for your pets, or visit or use the website in any manner. By registering, visiting, and using the website or accepting this agreement, you represent and warrant to thefond.co that you are 18 years of age or older and that you have the right, authority & capacity to use the website and our veterinary services available through the website, and agree to and abide by this agreement. Read our ‘Membership and Access Bound by Local Restrictions’ section in ‘Legal’.

Products

You understand & agree that our products are made exclusively for pets such as Cats, Dogs, Puppies, Kittens etc. & are approved by veterinarians and that you understand & undertake the responsibility of the risks involved. Our products can be purchased from our official website (www.thefond.co) or from other e-commerce portal/application. thefond.co will ensure high quality of pet products but will not take any responsibility for any harm, side-effects, or failure of a product’s efficacy. You also understand that we will not be responsible for the delivery service of our products like any destruction, failure to deliver, etc & you will be redirected to communicate your grievances with the 3rd party vendor responsible for delivery. You understand and agree that thefond.co does not guarantee any assured recovery or assured outcome from the use of our products as each pet is different & might need special assistance. By purchasing our products, you also agree to the terms & conditions laid down by us for the return/cancellation of the same. You authorize thefond.co to collect the pet’s and your data and use/share the same with others (without revealing your identity). thefond.co will not be responsible for the misuse of your data by our behaviorists, affiliates, employees, or other parties. You will make payments to thefond.co as per the terms agreed and will not link it with the outcome of the service provided/to be provided. Charges will be conveyed at the time of booking & any additional charges incurred will be conveyed to you after the service.

Legal

Membership and Access Bound by Local Restrictions
You undertake that all registration information tendered by you is truthful and authentic. thefond.co reserves its discretion to refuse access to or use of the portal/application to any individual and even change the eligibility criteria at any time. This provision would be deemed invalid wherever it’s forbidden by law and the right to access the portal/application would be determined based on the age. In these cases, it is deemed that the adult in question takes responsibility for the operations of the minor on the portal/application.
The portal/application and all information and usage confined to it are not directed at or meant for use by individuals residing in or located in any zone where:
  • The distribution of such information or operations therein is in contradiction to the prevalent laws in that region.
  • Such distribution is forbidden without thefond.co obtaining the necessary licenses or permissions and these have not been availed of by thefond.co . It’s deemed that you consent to and will abide by all the laws concerning online content and are proven and established as honorable and acceptable content.
Account Transfer: Under no circumstances can you transfer or sell your thefond.co account and user ID to another person or party.
The contract that you make when you register with thefond.co is a wholly personal agreement between you and thefond.co. If you are registered as a business entity then again, it will be deemed that you personally guarantee that you have the authority to bind the entity to this contract.

Management of Reputation and Appraisal Functions
The portal/application provides services to its subscribers and users, functions of the likes of management of reputation and appraisals, surveys, blogs, a glossary of terms, and a presence on social media sites – all of which could be collectively called the ‘Boards’. thefond.co is not in any manner responsible for the material put upon such ‘Boards’.
If any such committees, boards, panels, groups are established, thefond.co would merely be administering the matter on the boards and support access to such boards to be of assistance to you. It does not take responsibility for any matter posted on any of the boards. Besides, these boards can be used only in a non-commercial manner. Further by using such boards, you are in concurrence with the fact that you agree not to put up on the portal/application or publish any material that is to the best of your knowledge, libelous, defamatory, obscene, abusive, pornographic, not correct, threatening or; are in contravention of intellectual property rights including but not restricted to copyrights or trademarks of any individual or entity; material that is illegal in any way or advocates illegal activity under any applicable law.
Further, you agree that you will not post any advertisement or any promotional material or material that asks for funds, goods, or services – unless you have gotten the exclusive permission and rights to do so.
Again, the following will strictly not be entertained on the portal/application:
  • Any communication posted by you impersonating another.
  • Information that may be very personal in nature as in personal phone numbers, account numbers, personal addresses, employer references, or letters of chain or serial communication whatsoever.
It will be deemed that you are in agreement with the fact that you will indemnify thefond.co for any allegations, suits, or claims of any sort that may be brought about by your posting such material on any such boards.
thefond.co reserves the right to screen and delete any postings deemed not in keeping with its policies or constitution. At the same time, thefond.co bears no obligation to screen any material in the boards or remove any particular material. thefond.co does not take any responsibility for the matter which is posted on the boards nor justifies the accuracy of such matter by any third party.
No Guarantee/Warranty
There may be a multitude of factors due to which the services of the portal/application could get disrupted at any time. thefond.co does not in any manner guarantee uninterrupted and continuous admission to the site for reasons beyond the control of thefond.co.
All content and data online that is on the portal/application have been garnered by thefond.co from what’s believed to be reliable and authorized sources. The matter has been furnished on an ‘As is’ basis. thefond.co does not in any way provide for any warranty concerning the content and material on the portal/application. This includes without reservation the warranty to title, non-violation, commerciality, or fitness for any reason. thefond.co does not in any way warrant the information or outcome of the use of the portal/application, or that the portal/application is virus-free or error-free. thefond.co has no obligation to audit, validate or otherwise verify any information contained in the portal/application.
Viruses
Neither responsibility nor liability will be taken for any damages that may be caused to your equipment or any other property, which may be caused by your accessing or using our portal/application.
Links
Given that thefond.co may be accessible by hyperlink or may provide hyperlinks to other sites. The portal/application disclaims all damages for the nature of the content of such sites that are accessible from thefond.co or those that link to thefond.co .
Further to this again, the linked sites are not in any manner coming under the purview of thefond.co and hence the portal/application shall not carry any responsibility for the content of any linked site or any link for that matter, contained in a linked site. Nor will it carry responsibility for any review, amendments, updates, or modifications to such sites.
Also, inserting a link does not mean that thefond.co has given any kind of affiliation, endorsement, or even adoption of a linked site or any data that may comprise the site. It’s crucial for you to be aware that when you depart from the portal/application and get into another portal/application, the terms of use or the constitution no longer govern the new site. Thus it’s important for you to review the rules and regulations, including the privacy policy and data gathering systems – that govern the other site. thefond.co disclaims all damages for the content of websites that are linked to its site or frame its site.
Electronic Communication (E-mail, World Wide Web, Calls)
The World Wide Web that rests on the internet is a globally and in fact universally accessible vehicle. Electronic mail messaging is therefore vulnerable to a lack of confidentiality with no security to boot. They can be viewed by any number of people; they could be lost, intercepted, or even changed.
Emails often get across national borders even when both sender and receivers are within the same country. It is therefore advised that you restrict all your communication to secure channels if such a channel is provided to you by thefond.co . Information that qualifies as personal, confidential, or account-related information should not be transmitted using ordinary mail and the contact/communication should only be through thefond.co emails/calls as already mentioned. Any conversation outside the pre-defined communication channels is not accountable by thefond.co and is subject to jurisdiction. You agree to receive communications in the form of calls, internet calls, texts, messages over WhatsApp & emails from thefond.co regardless of availing the “Do Not Disturb” feature.
Resolution and Disputes and Release
In the event of any dispute arising between you and one or more users, or an external party for that matter, it is deemed that you release thefond.co from all claims, demands, and damages of all kinds – occurring both actually and consequentially. The damages could be admitted, avowed, acknowledged or unknown, suspected or unsuspected, revealed or not revealed, which may be the outcome of such disputes.
thefond.co advices to report all disputes occurring to any certified mediator or arbitration entity as the case may be.
Limitation of Liability
To the maximum extent as permitted by law, under no circumstances will either thefond.co or any of its directors, employees, agents, suppliers, or associates in collaboration with it take responsibility or bear any liability whatsoever to any person for any direct or indirect loss, liability, cost or damages of any kind. Be it under contract or TORT including carelessness or otherwise that may be resultant of using all or parts of the portal/application. Regardless of this, just in case thefond.co is found to be liable, then the responsibility of thefond.co and as the case may be that of thefond.co’s subsidiaries, directors, officers, employees, suppliers, consultants, and other associates towards you is limited to the greater of: The prices/fees that you had paid to thefond.co the twelve months preceding the action giving rise to the liability.
Indemnity
It will be deemed that you agree to indemnify and maintain – as applicable – thefond.co’s parent, subsidiaries, directors, affiliates, officers, consultants, suppliers, agents, and employees as harmless from any claim, demand, or pressure, including a satisfactory amount of attorney fees, made by any third party caused by your breach of the terms of the constitution, or your violation of any law or the rights of any third party.
Conflict with Additional Terms
When we say ‘Additional Terms’ we are referring to terms, conditions, disclosures, and disclaimers, which may pertain to certain web pages or sections of the portal/application/services/products. Besides, you may enter into one or more contracts with thefond.co, which refer to the ‘Other Agreements’. In case of a conflict, the terms of the ‘Other Agreement’ will take priority, following which will be the ‘Additional Terms’, which will be followed by these Terms of Use/Legal.
Termination
All rights awarded to you by thefond.co will be brought to an end in case of any violation of these Terms of the Constitution. thefond.co has the sole discretion to exercise the right to temporarily or permanently terminate your access to and use the portal/application at any time for whatever reason it deems fit. This will be done at any time without giving you any notice or any liability accruing on thefond.co’s part. Further, thefond.co will not be liable to you or any third person in case your access to the site or its use is suspended for any reason by thefond.co.
Choice of Law and Venue
This memorandum shall be expounded and construed with and by the laws of the Republic of India, regardless of its conflict with laws and rules in India.
Disputes of any sort will be subject to the exclusive jurisdiction of the courts situated within Bengaluru and the consumer hereby will have to comply with the personal jurisdiction of the courts here.
Severability Clause
In case any part of the Terms of this Constitution is held to be not enforceable, such a holding will not affect the validity of the other provisions of the Terms of the Constitution, which will continue to remain wholly enforceable and effective.
General
The agreement charted out sets forth the entire understanding and agreement between the parties concerning the subject matter hereof. In the event any of the provisions of this memorandum is held to be unenforceable, such a clause shall be struck and the remaining provisions continue to be enforceable.
thefond.co and you are independent entities and it is deemed that no sort of partnership, agency, joint venture, employer-employee, the franchisor-franchisee relationship is in any way created or mediated through this agreement.
thefond.co may assign this agreement by giving you prior notification. No waiver on thefond.co’s part shall be deemed to be a waiver of any earlier or subsequent default hereunder. It is deemed that the following sections go beyond any termination or expiration of this agreement. License to thefond.co, No Warranty, Limitation of Liability, Release, Indemnity, Applicable Law and Dispute Resolution, and all General clauses.
Promotional Codes Terms
These are terms and conditions that commonly apply to promotions on thefond.co, including ones where you must redeem a promotional code as part of the offer and where no alternative terms and conditions apply.
  1. Promotional codes are a limited time offer.
  2. thefond.co reserves the right to modify, alter or cancel the offer at any time. If you received the promotional code (directly or indirectly) from a third party, that third party also reserves the right to modify, alter or cancel the offer at any time.
  3. Offer only applies to products and services offered by thefond.co.
  4. Offer is also subject to the supplies & stock.
  5. Offer limited to one customer and account.
  6. Offer may not be combined with other offers.
  7. Each promotional code applies only to qualifying products or services.
  8. Shipping charges (if any) and taxes may apply to the full value of discounted and free promotional items.
  9. If the offer has a minimum purchase requirement, taxes, shipping and handling, and gift wrap charges do not apply when determining the minimum purchase amount.
  10. If the offer is for physical goods, the promotional code applies only to items purchased in a single order and shipped at the same speed to a single address.
  11. Offer is non-transferrable and may not be resold.
  12. If any of the products or content related to an offer are returned, your refund will equal the amount you paid for the product or content, subject to applicable refund policies.
  13. Offer discount will be allocated proportionally among all promotional items in your order.
  14. If you violate any of the offer terms, the offer will be invalid.
Grievance Redressal
For any issues, grievances, complaints, etc, please write to us at support@thefond.co or reach out to our customer executives at +91 9035670078 & we will try & resolve the same within 96 hours.
Pre-booking norms
  • This pre-booking enables you to get an allocation on priority however does not ensure the availability of devices on the day of the launch. Colour and/or version options of your choice is subject to availability.
  • Pre-booking receipt has to be produced in original and balance amount paid at the time of purchase.
  • The company reserves the right to cancel/modify these pre-booking terms and conditions at any point in time without prior notice. In case this happens, a full refund of the amount paid by the customer to reserve the product will be done.
  • Parties agree that any issues/legal dispute arising out of this pre-booking shall be subject to the exclusive jurisdiction of courts situated in Bangalore.
  • The offers available may be revised or withdrawn without any prior notice.
  • Offers will be valid for a limited time period and continue till stocks last. Product features vary by model.
ENTIRE AGREEMENT
These Terms of Use constitute the complete agreement and set forth the entire understanding of you and the thefond.co as to the subject matter of this Agreement. If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect. The headings contained in this Agreement are for convenience of reference only and shall not affect the meaning and interpretation of this Agreement. By accepting these Terms of Use, the User agrees to have fully read and understood all the terms and conditions set out hereinabove. Note: The Agreement is published in accordance with the provisions of Section 3 & Section 3-A of the Information Technology Act, 2000 that require an electronic record to be authenticated with an electronic signature and also in accordance with Rule 3(1) of the Information Technology (Intermediary Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and the user agreement for access-or-usage of the intermediary’s computer resource by any person.

Effective Date
This Agreement and the Privacy Policy shall at all times govern the use of the portal/application and its services, located at (https://thefond.co) along with the policies which specifically apply to you the user and Fond Solutions Private Limited (which owns thefond.co). This agreement has been executed and becomes applicable to you from the date on which you accepted it via the portal/application.
Alteration to Policies
thefond.co retains the right to alter the Terms of Operation at any time by posting the revised terms on the portal’s/application’s home page. thefond.co at all times reserve the right to do so without giving you any prior intimation. You hereby forgo all your rights to be intimated in case of any change/alteration in the terms and conditions policy and if you continue to use the portal/application it is indicative of your acceptance of the revised terms of use. You must therefore verify the portal/application regularly for revisions and modifications that come posted online by clicking on the appropriate link. You will find a listing of all changes and their corresponding ‘Effective Dates’ as well.
Intellectual Property Rights
All content on the portal/application is protected by way of copyright and/or other intellectual property laws. Any unauthorized use of such intellectual property or information on the portal/application will be considered as infringement/piracy of thefond.co’s intellectual property rights. From the logos of thefond.co to the graphics, designs, icons of buttons, scripts, service names, or even page headers for that matter, from the trademarks and trade outfits of thefond.co to domain names or email addresses are all property of thefond.co. Thus such property on the portal/application should not form part of the trademark or as part of domain names or email addresses unless and otherwise expressly and explicitly stated and authorized by thefond.co. Further, they cannot be linked to any merchandise, item, or service which is likely to lead to ambiguity in the customer’s mind. Above all, thefond.co does not consent to or bestow any rights or license of any kind to you under any copyrights, patents, trademarks, trade secrets, or any other intellectual property rights unless unequivocally and explicitly stated by thefond.co in writing.
Notifications

A general notification in your account record. By an email sent to your email address which you have registered with us at the time of signing on our portal/application or by the email id that has been updated by you on our records in your registration details. This notification will be deemed to have been sent to you upon the expiry of forty-eight hours after sending the electronic mail.

Furthermore, you concede to the following:

  1. Not to subvert, intrude, break or abuse the portal/application or any of the services, system resources, accounts, servers, and networks that come connected to the portal/application or can be linked via the portal/application. Under no circumstances will you disturb or intrude in the affairs of any user or his engaging interests in the portal/application or affiliated or linked portal/applications.
  2. Not to deliver on to the portal/application or otherwise transmit via the portal/application any kind of virus, spam or malware, or harmful files.
  3. Not to exercise any sort of framing systems to snatch any of the trademarks, logos or content or other rightful data and content including images, layouts, and designs of the portal/application.
  4. Not to utilize any hidden text or tags when you use a thefond.co name, product, or trademark among more.
  5. Not to utilize any false personification on the portal/application.
  6. Not to gather or stock private information of others obtained via the portal/application without their prior consent.
  7. Not to try and gain access to parts of the portal/application which is restricted to general users.
  8. Not to indulge in any kind of activity that could bring in an excessive and incommensurate large bulk of heaviness to the portal/application’s infrastructure.
  9. Not to place any kind of data that is falsely represented or could be defamatory, not correct, vulgar, abusive, profane, sexual, intimidating, dangerous, or intrusive upon the privacy of an individual or in breach of any relevant laws.
  10. Not to place any data that could be in breach of another individual’s intellectual property rights.
  11. To be in sync with all relevant laws that have to do with your use of or activities in connection with the portal/application.
  12. To be responsible for the images, description, and any content uploaded by you on the portal/application and not to infringe the copyrights or intellectual property rights of others. thefond.co takes no responsibility for any content or part thereof uploaded by you on the portal/application.
  13. In the event, your infringement of the copyrights or intellectual property rights of others comes to thefond.co’s notice, your account with thefond.co would be terminated for good.

To the extent that is required for the purpose of a transaction, a buyer could obtain private information as in email address and shipping data. However, this private data can be used only to aid in the specific transaction or project agreement and nothing else.