Terms and Conditions of Website

 

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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms of Use for access or usage of www.gradufund.com (hereinafter referred to as "GraduFund") website.

Your use of the Website is 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 or use 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 GraduFund , and these terms and conditions including the policies constitute your binding obligations, with GraduFund. 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 member of the Website by providing Registration Data while registering on the Website as Registered User using computer systems or Mobile phones.

GraduFund allows User to surf the Website without registering on the Website. The term "we", "us", "our" shall mean, GraduFund. When You use any of the services provided by us through the Website, 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 these 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 WEBSITE OF GRADUFUND INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the Privacy Policy mentioned on the Website.

ONLINE PLATFORM

1. GraduFund is an online peer-to-peer communication services provider and the Website merely offers an online platform , intended to be utilized by Users (being students seeking or pursuing higher education) and persons browsing / visiting the Website to reach a larger base of people, organizations and causes. GraduFund is only providing a platform for communication.

2. The Website is a platform that Users utilize to meet and interact with various mentors and avail counseling and financial assistance services, for which merely communication is enabled by the website.

3. The Website is a platform that Users utilize to meet and interact with various other Users.

4. The User acknowledges that GraduFund is only an online communication services provider and does not promise to verify the bona fides and genuineness of User identitites and their requests raised on the website, GraduFund cannot and does not verify specific data provided by Users. Therefore, GraduFund shall not in any manner be responsible or held accountable for any transaction done by the Users of the website.

5. GraduFund has limited control over all information listed and / or advertised on the Website and the subsequently generated information, and is merely an intermediary and does not interfere in the transaction between Users.

6. It is hereby clarified that at no time shall GraduFund hold any right, title or interest over the funds or rewards (except to the extent as stated herein) or have any obligations or liabilities in respect of such providing the same to the Contributor. GraduFund is not responsible for unsatisfactory or delayed service by various mentors or other service providers.

TERMS OF USE

Use of the Site/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, un-discharged insolvents etc. are not eligible to use the Site/Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the website and shall not transact or use website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. GraduFund reserves the right to terminate your Registration and / or refuse to provide you with access to the Website if it is brought to GraduFund's notice or if it is discovered that you are under the age of 18 years.

By choosing Facebook login, you agree to give the Site, access to their Facebook account's profile pictures and email id. You also allow the Site to create account on GraduFund and use your FB profile picture as the profile picture of their GraduFund account. The Site does not publish any content on your Facebook profiles without your permission.

FEE POLICY

Registration on the Website is free for users registering as Students. GraduFund does not charge any fee for browsing any non-restricted sections of the Website where financial transactions are not involved.

GraduFund provides career services to students, and service fee is as stated and updated on the website.

REFUNDS & CANCELLATION

All purchases made on this site are non-refundable.

Changes to the Fee

Changes to Policy 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 shall be quoted in Indian Rupees (INR).

WEBSITE's TERMS OF USE

You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles and shall not:

(a) harass or advocate harassment of another person;

(b) involve the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

(c) promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(d) infringe 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];

(e) promote 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

(f) provide material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(g) provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(h) contains video, photographs, or images of another person (with a minor or an adult) without required legal consent.

(i) try 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;

(j) engage 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" items related to the Website. Throughout this Terms of Use, GraduFund's prior written consent means a communication coming from GraduFund's Legal Department or team, categorically in response to your request, and categorically addressing the activity or conduct for which you seek authorization;

(k) solicit gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;

(l) interfere with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services;

(m) harm minors in any way;

(n) infringe 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 items;

(o) violate any law for the time being in force;

(p) contain 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 value of, surreptitiously intercept or expropriate any system, data or personal information;

(q) threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(r) be false, inaccurate or misleading; 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.

(s)create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

PROHIBITED USE OF WEBSITE

1. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, 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.

2. 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.

3. 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.

4. 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 including the terms GraduFund or otherwise engage in any conduct or action that might tarnish the image or reputation, of GraduFund or otherwise tarnish or dilute any GraduFund'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 GraduFund's systems or networks, or any systems or networks connected to GraduFund.

5. 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.

6. 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.

7. 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 GraduFund and / or others.

8. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable laws, rules and regulations.

9. You shall not engage in advertising to, or solicitation of, other users of the Website to buy or sell any services, including, but not limited to, services 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.

10. 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 deems appropriate in its sole discretion.

11. 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 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.

12. We reserve the right, but has no obligation, to monitor the materials posted on the Website. GraduFund 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. In no event shall GraduFund assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website.

13. Your correspondence or business dealings with, or participation in promotions of, advertiser/ vendors found on or through the Website, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser/ vendor. 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 advertiser/ vendors 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 does 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. GraduFund 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 group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

CONTENTS POSTED ON SITE

GraduFund may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event GraduFund reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.

The Content, text, graphics, user interfaces, visual interfaces, photographs, images, pictures, trademarks, logos, and artwork relating to (www.gradufund.com) shall be our property and we have worldwide, perpetual and transferable rights in regard to such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos and artwork (collectively "Third Party Content"), is a third party generated content including content from third party advertiser/ vendor, users, legally outsourced from various websites, license free images, and GraduFund has no control over such third party content (third party advertiser/ vendor, user generated content) as GraduFund is merely an intermediary for the purposes of this Terms of Use Except as expressly provided in these Terms of Use, no part of the Website and no Content, Courses, Description, Videos etc. shall be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without GraduFund's express prior written consent. The Content, Graphics, Images, Videos, Course Description etc. provided by the third party including third party advertiser/ vendor, user shall remain the intellectual property of the respective third party providing such content, graphics, images, videos, course descriptions etc. You may use information made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

THIRD PARTY SITES

The WebSite may permit project creators and users to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company"s control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Website does not imply endorsement by or affiliation with the Company

LEGAL ACTION AGAINST THE THIRD PARTY ADVERTISER/ VENDOR

In the event of any criminal act committed by the third party advertiser/ vendor or its staff or affiliate, You may take direct action under the laws of the country on such third party advertiser/ vendor or its staff or affiliate and in such cases GraduFund shall also be informed about the same In the occurrence of the any such event mentioned above, You shall not make GraduFund a party to such offence, as the third party advertiser/ vendor or its staff or affiliates are individually and severally liable for any criminal act committed by him or her

LIABILITY

GraduFund does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website's APIs or otherwise. In addition, Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, GraduFund assumes no responsibility for examining or evaluating the products offered by them. GraduFund does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). GraduFund does not endorses, in any way, any third party website(s) or content thereof

USER REVIEW POLICY

While we encourage you to share your views and opinions on the website (GraduFund), we expect that this will be done in a respectful manner. This policy is applicable to posts, comments and reviews made using website or mobile app of GraduFund. GraduFund does not agree with or endorse every comment that individuals post on the website. When making moderation decisions, we will take these guidelines, as well as the context in which comments are made, into account We share this information in an effort to be transparent about our moderation process and why certain comments may be removed. Kindly read these terms/ guidelines while making any posts, comments, reviews on the website. You specifically agree not to post or transmit any comments, reviews, posts, content or engage in any activity that:-

1. Violate our Terms and Policies;

2. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable

3. Violate any right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;

4. Disguising or attempting to disguise the origin of your comment, review, posts, content including but not limited to by submitting your comments, posts, reviews, content under a fake or false name;

5. Constitutes a knowingly erroneous or unethical review;

6. Causes, or is a result of, a conflict of interest;

7. Is commercial in nature, including but not limited to posts, comments, reviews submitted in exchange for payment,

8. Contains material that is not in English;

9. Accesses or uses the account of another user without permission;

10. We reserve the right to remove any comment, review, posts, content that might be found extremely offensive or threatening;

11. Please don't exaggerate, falsely state, misrepresent your experience and watch your language.

12. This also includes but not is limited to derogatory comments or indication of a personal vendetta against GraduFund and its affiliates.

All links posted as comments on GraduFund's posts will be reviewed and may be deleted if found violating these guidelines. Repeated violations of this policy may cause the author to be blocked from our website. Any Comment, Review, Posts, Content uploaded by you on any social media, shall be subject to relevant laws of India and may be disabled, or and may be subject to investigation under all applicable laws. GraduFund shall have the right to immediately block your access, usage and GraduFund shall have the right to remove any non-compliant comment, post, review, content forthwith, uploaded and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.

USER OBLIGATIONS

1. You shall be obliged to provide accurate information and other details to us

2. You shall also adhere to the minimum age requirement i.e. 18 years as defined by the law of the land

3. You shall read all the policies, terms mentioned in the website

4. You shall not copy or use the information contained in the website

5. You shall ensure compliance to the User Review policy contained herein

6. In case, You are the fundraiser or are launching a fundraising project, you shall be honest and shall be responsible for uploading all the details including bank account information, providing project updates to project contributors and website, fulfill rewards offered to project contributors.

7. In case, You are the project contributor, You shall be under obligation to provide accurate information so as to ensure tax compliances.

ONLINE PAYMENT

In order to facilitate payments for the services provided through the website, GraduFund offers an online payment gateway facility that will facilitate users to make payments in respect thereof the services), www.gradufund.com mentioned in the website (www.gradufund.com ) using net banking, credit/debit card account or any other mode acceptable and made available to the users from time to time, subject to Your complete acceptance and adherence to the terms and conditions hereof as well as the terms and conditions of the website of the payment gateway service provider/s.

CREDIT CARD PAYMENT

Your credit card details shall be transferred directly to our payment service provider for immediate authorization and are not recorded or stored in our database. Once we have received authorization from the payment service provider, we shall confirm your service order. Further:

1.You have categorically authorized www.gradufund.com to collect, process, facilitate and remit payments and / or electronically from other Users in respect of transactions through Payment Facility. Your relationship with www.gradufund.com is on a principal to principal basis and by accepting these Terms of Use you agree that www.gradufund.com is an independent contractor for all purposes, and does not have control of or liability for the projects and associated rewards that are listed on www.gradufund.com that are paid for by using the Payment gateway.

2. You understand, accept and agree that the payment facility provided by www.gradufund.com is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on www.gradufund.com using the existing authorized infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, www.gradufund.com is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price

3. www.gradufund.com reserves the right to impose limits on the number of Transactions or Transaction Price which Foodster may receive from on an individual Valid Credit/ Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual User during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

4. www.gradufund.com reserves the right to refuse to process Transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by User with www.gradufund.com or breach / violation of any law or any charges imposed by Issuing Bank or breach of any policy.

5. In the event, www.gradufund.com is not satisfied with the creditability of the User, it will have the right to reject the receipt of / Users

6. www.gradufund.com may delay notifying the payment confirmation, if www.gradufund.com deems suspicious or for Users conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, www.gradufund.com may hold the service and may not provide service at the request of law enforcement officials or in the event the user is engaged in any form of illegal activity.

7. The user acknowledges that www.gradufund.com will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction / Transaction Price or any delay in processing a Transaction / Transaction Price which is beyond control of www.gradufund.com

PRIVACY

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Sensitive Personal Information is one of our most important assets. We store and process Your Sensitive Personal Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our Privacy Policy is available for more details.

BLOGS

The website shall consists of blogs relating to the project creators, projects, project contributors, project categories, digital marketing and fundraising tips, website statistics, press and media release information, and other related content.The blogs shall contain information from social media, websites, magazines, newspapers and other digital media. The blog website shall be an information displaying platform. The IP of such content shall remain the property of the respective IP owners and the Platform Provider, website shall have no intention to acquire the IP in whatsoever manner.

OFFERS AND PROMOS

All information regarding any offers and promos including but not limited to offer terms, coupons, promos, redemption, eligibility, expiry etc. shall be provided in the respective offers and promos. These terms may differ from one offer to other.

THIRD PARTY ADVERTISER/ VENDORS

You understand, agree and acknowledge that the online information platform may engage independent third party vendors, advertisers and GraduFund shall however, take no responsibility in any manner for the content displayed by the third party advertiser/ vendor or its staff or any affiliates. The third party advertiser/ vendors are independent professionals, and GraduFund shall have no responsibility in whatsoever manner.

TERMS OF ONLINE INFORMATION PLATFORM

1. GraduFund website is only a mere facilitator of information provided by the third party advertiser/ vendor and user.

2. All content, information provided by the third party advertiser/ vendor are only displayed on the website.

3. GraduFund website shall not endorse or advise or involve in whatsoever manner in such courses, videos, content, descriptions provided by the third party advertiser/ vendors including but not limited to any warranties.

4. GraduFund website shall not in whatsoever manner resolve or mediate any dispute or disagreement between the user and third party advertiser/ vendor

5. GraduFund website shall not make any representation to the content, information offered by the third party advertiser/ vendor on the website

6. You understand, acknowledge and accept that the online information platform provided through the website shall not held liable in whatsoever manner for any but not limited to actions, commissions, misconduct, fraud or negligence of third party advertiser/ vendor

WARRANTIES AND LIABILITY

This Website, all the services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, GraduFund does not warrant that: This Website will be constantly available, or available at all; or the information on this Website is complete, true, accurate or non-misleading. GraduFund shall not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. GraduFund does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind. You will be required to enter a valid name, phone number, email id while availing any of the services mentioned on the Website. By registering your phone number with us, You consent to be contacted by us via phone calls and / or SMS notifications, in case of any updates.

INDEMNITY

You shall indemnify and hold harmless , GraduFund and the purchased website domains, owners, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

APPLICABLE LAW / JURISDICTION

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi.

DESCRIPTION

GraduFund does not warrant that description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

LIMITATION OF LIABILITY

IN NO EVENT SHALL, GraduFund BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, and EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. GraduFund website may include inaccuracies and typographical errors. Changes and improvements are periodically made to the site and the information therein. We do not warrant or assume any legal liability or responsibility for the completeness, or usefulness of any information, products. Information received via this website should not be relied upon for personal, legal or financial decisions.

INTELLECTUAL PROPERTY POLICY (IP POLICY)

All existing and future Intellectual Property in the nature of unregistered or registered rights to any and all patents, copy rights, trademarks of the website shall be the sole property of GraduFund. All material on this site, including images, pictures are protected by copyrights, trademarks, and other intellectual property rights. Material on Website, mobile app is solely for your personal, non-commercial use. Any logos, product images belong to their respective owners. The website uses such marks, logos, product images solely for promotional purposes and shall have no intention in whatsoever manner to acquire any intellectual property rights belonging to third parties. You acknowledge and agree not to use, reuse, and challenge any application, registration of any marks, anywhere in the world. You shall not copy, reproduce, republish, upload, post, transmit or distribute such logos, images, marks in any way, including by e-mail or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or mobile or any communication device or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

INTELLECTUAL PROPERTY RELATED ISSUES

The website respects the intellectual property of others. In case, You feel that Your Intellectual Property Right has been infringed, You can send an email to [email protected]

GUIDELINES FOR WRITING POSTS, COMMENTS, REVIEWS ON GRADUFUND'S FACEBOOK PAGE

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. Here are some basic guidelines for writing posts, comments, reviews, on GRADUFUND's Facebook page: While we encourage you to share your views and opinions on the GRADUFUND's Facebook page, we expect that this will be done in a respectful manner. GraduFund does not agree with or endorse every comment that individuals post on our pages. When making moderation decisions, we will take these guidelines, as well as the context in which comments are made, into account We share this information in an effort to be transparent about our moderation process and why certain comments may be removed. Kindly read these terms/ guidelines while making any posts, comments, reviews on GRADUFUND's Facebook Page. ACCESSING, BROWSING OR OTHERWISE USING THE GRADUFUND's FACEBOOK PAGE INDICATES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms, You also accept and agree to be bound by these Terms. TERMS/ GUIDELINES- COMMENT POLICY You specifically agree not to post or transmit any comments, reviews, posts, content or engage in any activity that:- 1. Violates our Guidelines and Policies; 2. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable 3. Violates any right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights; 4. Disguising or attempting to disguise the origin of your comment, review, posts, content including but not limited to by submitting your comments, posts, reviews, content under a fake or false name 5. Constitutes a knowingly erroneous or unethical review 6. Causes, or is a result of, a conflict of interest; 7. Is commercial in nature, including but not limited to posts, comments, reviews submitted in exchange for payment, 8. Contains material that is not in English 9. Accesses or uses the account of another user without permission; 10. We reserve the right to remove any comment, review, posts, content that might be found extremely offensive or threatening. 11. Please don't exaggerate, falsely state, misrepresent your experience and watch your language. 12. This also includes but not is limited to derogatory comments or indication of a personal vendetta against GRADUFUND LLC, ANGEL HEART BUSINESS SOLUTIONS PVT LTD and its affiliates. All links posted as comments on GraduFund's posts will be reviewed and may be deleted if found violating these guidelines. Repeated violations of the GRADUFUND comment policy may cause the author to be blocked from GRADUFUND's Facebook page. Any Comment, Review, Posts, Content uploaded by you on any social media, shall be subject to relevant laws of India and may be disabled, or and may be subject to investigation under all applicable laws. Further, if you are found to be in non-compliance with the laws and regulations, these terms, terms & conditions, privacy policy on our website www.gradufund.com , Mobile App of GraduFund, GraduFund shall have the right to immediately block your access, usage and GraduFund shall have the right to remove any non-compliant comment, post, review, content forthwith, uploaded and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.

GRIEVANCE REDRESSAL

In accordance with Information Technology Act 2000 and rules made there under, the contact details of the Grievance Officer are provided below:

Email: [email protected]

Time: Mon - Fri (10:00AM to 7:00PM)

If you are the rightful owner of the content or an affected person and have the reason to believe that any content that has been uploaded/contributed through this Service contravenes your rights in violation of Rule 3 of the Information Technology (Intermediary Guidelines) Rules, 2011 then you may intimate the same to GraduFund in the manner explained below:-

a. Sending a request in writing or through email signed with electronic signature identifying the content alleged to be in infringement of your rights as the rightful owner or affecting you prejudicially;

b. Providing exact identification and description of the content by giving its URL that is to be disabled, which in your view contravenes Rule 3(2) of aforesaid Rules.

c. Giving a declaration cum undertaking along with necessary documents establishing you

(i) as the rightful owner of the content to be disabled, or

(ii) as an affected person, and stating that the information submitted is true, complete & accurate and no material fact has been hidden. Further, stating that to www.gradufund.com , Angel Heart Business Solutions Pvt Ltd including its Management, Directors, Employees and Grievance Officer shall not be liable in whatsoever manner for any loss or damage or claim for relying upon the said request.

d. Your contact information like address, telephone number, email address, etc. where you can be contacted.

LEGAL DISCLAIMER

If GraduFund has suspicion or knowledge, that any of its users are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then GraduFund may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the Display Name of such user and /or disqualify that user and any related users from availing protection through this program. GraduFund reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, GraduFund, may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defrauds or deceives, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law. We may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if You breach the Terms of Use or Privacy Policy or other ruler and policies, we reserve the right to recover any amounts due and owing by You to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.