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.
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.
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.
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.
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.
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
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.
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.
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.