FUNDTQ TERMS OF SERVICE
These Terms of Service (“Terms”) is mutually agreed legally binding agreement between you and Fund TQ (“Our” “Us” and “We”).
These Terms governs your access and use of Our Platform which shall mean and include the website (valuation.fundtq.com ), the blog contained therein, browser extensions, mobile applications, generated reports (including export downloads and API usage), queries answered personally by Our team over email, phone or any other medium and any other service features, integrations, tools and resources, allied or additional services including all data contained therein (hereinafter referred to individually or collectively as “Platform”).
If you access or use the Platform on behalf of a company, an association/group or any other legal entity (“Organization”), then you must have an authority/permission to accept and legally bind the Organization to these Terms.
You represent that your accepting these Terms does not violate any applicable law or the terms and conditions of any existing agreements, understandings, representations, arrangement, etc., whether written or oral, entered by you with any third party.
We reserve your right of access and use of the Platform.
To use the Platform you have to register with Us.
Your account is only for use by you and you are responsible for your conduct. You will always use a strong password to protect your account and keep it confidential. You will not share your account access on the Platform with others or let anybody impersonate you using your access credentials. You take responsibility that your account will not be used in anyway which contradicts any applicable law or the Terms mentioned herein. We have a right but not an obligation to review your conduct to ensure compliance with these Terms. If there is a misuse of your account; you will immediately report to Us.
We may take necessary steps including but not limited to terminating your access to the Platform if we believe that you are in breach of the Terms mentioned herein or your failure to comply with any applicable law.
Your responsibilities while using the Platform will be as follows –
You will not copy, reproduce, modify or disassemble the Platform, in whole or in part, to create any derivative work, or in any way use any part of the Platform, except as expressly permitted herein.
You will not commercially exploit the Platform, in any manner, that shall constitute a business loss to Us or generate any third-party revenue.
You will not permit unauthorized access to the Platform and you shall notify Us in the event you become aware of any actual or potential unauthorized access to the Platform or any attempt to disrupt the integrity of the Platform.
You will not use the Platform for any illegal, immoral, offensive purpose or for any other purpose that may infringe or violate any applicable laws and regulations.
You will not interfere, disrupt or hamper with the proper functioning of the Platform.
Your usage of data from the Platform shall be fair and reasonable and such that it shall not be in a form where a third party can use it as a substitute for purchasing Our services.
You will not sell, publish, refurbish, transmit, exhibit, communicate or disclose the data in the Platform, in any form or by any means to any person/third party.
Link to Other Sites
Use of Web Crawlers and Automated Methods
Any use or attempt to use any web crawlers, robot, spider, computer code or any other device, program and methodology to continuously and automatically search, scrape, extract, deep-link, index and/or disrupt the working of the Platform and/or download large amount of data is not permitted unless expressly permitted through API’s by Us.
Platform “As Is” and Disclaimer
The Platform is provided on an “As Is” basis without warranties of any kind. We make no representation or warranty, either express or implied, regarding the adequacy, completeness, usefulness and accuracy of the Platform. You shall exercise your discretion while using the Platform or the content therein.
Nothing contained in the Platform shall constitute or should be construed as a solicitation, offer or recommendation by Us.
We accept no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
The Platform is for educational and information purposes only and not intended to provide any financial, investment or legal advice. You shall seek the help of a professional in pursuing such advice. Any article, publication, statement, report, information, data or content available on the Platform or on any link to the Platform will not be sought as an advice or opinion from Us.
Our Proprietary Rights
We reserve all rights, title and interest in and to the Platform, including all related intellectual property rights.
These Terms grants no implied license, right or interest in or to any copyright, patent, trade secret, trademark, URL, domain, invention or other intellectual property right of Ours.
You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform.
You agree to abide by all applicable intellectual property laws, as well as any additional restrictions contained in the Platform.
All present and future rights in and to any trade secrets, copyright, trademark or any other proprietary material contained in the Platform shall continue to remain the sole property of Ours, even after the discontinuation of your account for any reason whatsoever.
You may contribute data, information, content, etc., report errors or may make suggestions (“hereinafter collectively referred to as “Contributions”) to Us. All such Contributions will be considered voluntary, free of any royalty and without any expectation of any consideration in return, whether monetary or otherwise. You agree that We may assume an irrevocable copyright on such Contributions.
You represent, warrant and undertake to Us that you are the rightful owner of such Contributions and/or that such Contributions will not infringe any third-party rights including any intellectual property rights;
You will indemnify Us and hold Us harmless, and Our respective officers, directors, shareholders, contractors, agents and employees from and against, any and all claims, actions, suits, proceedings, liabilities, awards, losses, damages, injuries, penalties, judgments, costs, expenses or disbursements (including attorneys’ fees and legal costs) arising out of or in connection with any claims of infringement (real or alleged) of third party rights, including intellectual property rights, arising out of or in connection with Our use of the Contributions. IF YOU ARE NOT SURE, DO NOT MAKE SUCH CONTRIBUTIONS.
We may choose to use or not to use such Contributions.
NO BUYING OR SELLING SECURITIES
THE PLATFORM IS NOT FOR BUYING OR SELLING ANY SECURITIES. DO NOT ENGAGE IN SUCH ACTIVITIES USING THE PLATFORM.YOU WILL INDEMNIFY US AND HOLD US HARMLESS FROM ANY AND ALL CLAIMS AND LIABILITY IF YOU ENGAGE OR USE ANY PART OF THE PLATFORM FOR SUCH ACTIVITIES.
Termination and Survival
These Terms will apply to you so long as you use the Platform.
These Terms shall continue, unless terminated by you via written notice or email. You will inform Us in writing if you wish to terminate these Terms.
Following the termination of these Terms you will pay Us any outstanding amount or fee owed by you.
We may terminate this Agreement by giving 30 (thirty) days prior written notice, or earlier if the termination is due to breach of any Terms or applicable law; or required by law to do so
The termination of these Terms shall not relieve you of any liability that you may have incurred or may incur in relation to use of the Platform provided prior to such termination.
On termination of these Terms, We may delete any content or other materials relating to your use of the Platform and We will have no liability to you or any third party for doing so.
All provisions of these Terms including but not limited to (Your responsibilities), (Platform ‘As Is’), (Our proprietary rights), (Payment Terms) and (Miscellaneous clauses) that, either expressly or impliedly, contain obligations that extend beyond termination of these Terms shall survive the termination of these Terms
If you subscribe to our paid services You shall pay Us all applicable Fees as has been communicated to you, using Our selected payment method within the timeframe as per mutually agreed terms.
The Fees communicated to you is exclusive of any applicable taxes. All applicable taxes shall be borne by you. You will withhold any applicable taxes if required by law to do so and shall provide us with an official tax certificate or any other relevant document.
Any change in fee structure shall be informed to you in advance.
You will ensure that
Subscription fee is non-refundable other than in case where wrong payments have been done or mandated by law. If We terminate the agreement, you will be refunded on pro-rata basis.
Any refunds to be made will be made through the same medium as originally received from.
Non-compliance of these Payment Terms shall lead to the suspension of your account with Us.
The parties acknowledge that they shall receive information belonging to the other party that can be reasonably construed to be confidential and privileged information not intended to be disclosed to any third parties or other party, unless it needs to be disclosed for the fulfillment of these Terms. The parties agree to use reasonable standards of care to keep such information confidential. Nothing contained herein shall affect the ability of the parties to make disclosures mandated by applicable laws.
In addition, under no circumstances will We be liable under these Terms for any incidental, exemplary, special, consequential, indirect or punitive damages, including but not limited to, damages for loss of revenue, Goodwill or any anticipated profits/losses.
Waiver - No forbearance, inaction or delay by Us in exercising any right under these Terms shall be construed as a waiver or acquiescence of that right.
Severability - If any provision of these Terms is found invalid or unenforceable to any extent, the remaining terms of these Terms shall not be affected thereby and remain in full force and effect to the maximum extent permitted by law.
Modifications - These Terms may be revised from time to time by Us in order to improve the Platform or in conformity with regulatory requirements. By continuing to use Our Platform after we have revised these Terms, you agree to be bound by the revised Terms.
Availability - We shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to any reason beyond Our control.
Use of Our Trademark and Logo - The trademarks, logos and service marks displayed on the Platform are Our property. You are not permitted to use the trademarks, logos and service marks without Our prior written consent or of the respective third party.
Force Majeure - Neither parties will be liable for any inadequate performance of their obligations under these Terms, for reasons beyond their control (i.e., War, Government legislations, accidents, floods, etc.)
Governing Law & Jurisdiction - These Terms shall be governed by and construed in accordance with the laws of India and the courts of Bangalore shall have exclusive jurisdiction to any disputes, claims and actions, whether contractual or non-contractual, arising out of or in connection to these Terms
WEB DOMAIN DISCLAIMER:
NOTE THAT FUNDTQ authorized web domains are www.FundTQ.com and valuation.fundtq.com only. These web domains are the proprietary websites of Impacticorn Technologies Private Limited.
Fund TQ shall not be held responsible in any form and manner in case You place reliance upon any information collected / relied upon on any other websites that appears similar to Our above referred official website(s), including company’s logo, brand name unless the company provide such official information on the above website.
Please contact at legal@FundTQ.com to verify authenticity of any platform that looks similar to that of Our websites.
IF YOU HAVE QUESTIONS, PLEASE FEEL FREE TO EMAIL US AT legal@FundTQ.com
Last Updated: 5 th June 2020
You do not have to provide us with any Personal Data to visit the website. However, if you choose to withhold requested information, you may not be able to visit all sections or use all features of the website.
The website and other online software modules are owned and operated by FundTQ. We are strongly committed in protecting your privacy and has taken all necessary and reasonable measures to protect your personal information and to handle the same.
Types of Data Collected
We gather Personal Data and Professional Data (as described below).
Collection of Personal Data
Personal data is information that identifies you or can be used to identify or contact you, e.g., your name, email address, address, or phone number ("Personal Data").
• FundTQ requests Personal Data from you when you register on the Website. The registration process requests that you provide your name, email address and other contact details, and agree to the User Agreement presented at the time of registration.
• FundTQ may receive Personal Data from social media platforms. For example, if you elect to use your social media credentials to log-in to your Website account, certain Personal Data from your social media account will be shared with us, which may include Personal Data that is part of your profile.
• FundTQ may collect Personal Data voluntarily provided by you, including in emails to the Website, online forms, order and registration forms, surveys, promotion participation, phone calls with FundTQ customer service and through other means.
• FundTQ collects information through various other means, including third party messaging services, participation at conferences and events, individual introductions, from investors that enroll their portfolio in our services and from selected third party business partners. From time to time, we may also acquire from third parties’ certain lists containing the names and contact information of individuals who may be interested in our products and services.
During the time of your consent to operate the website/software, we will ask you for your personal details like user name, name of the Company, E-mail id and some information provided by you may be sensitive information but such information shall be necessary to grant access only to legally valid users and to help us to get your valid identification and to endure you with the best services.
The Companies are also required to add the financial information and financial projections apart from deal details such as funds requirement, stage of business, unique propositioning, objective for valuation, prior fund raise, use of funds, among sensitive information. This information is required as per the protocols of the business valuation and investor connect for the estimating best possible value for the business and find right investors.
The user shall themselves enter the required details while using the website. Unless the required details are provided at the time of registration or thereafter as may be required by FundTQ for account activation, the user shall not be able to access the website or avail any services provided through the website by FundTQ. The user can change their given information at any time by accessing their online website account.
Use of Data Collected
We may use Personal Data for the following purposes:
• Fulfillment of Requests. FundTQ may use Personal Data about you to deliver products and services, and provide you with information about products and services you’ve ordered apart from other additional products launched under the brand FundTQ.
• Other Communications. From time to time, we may use Personal Data about you to inform you of products, programs, services and promotions that we believe may be of interest to you. If your investor is a FundTQ customer, we may also inform you of such products, programs, services and promotions using Personal Data about you that your investor provided to FundTQ. If you would prefer that we not send electronic marketing messages to you, please send an email to legal@FundTQ.com.
• Internal Business Purposes. We may also use Personal Data about you for our internal business purposes, such as data analysis, editorial and feedback purposes, providing customer support, customizing and improving the content and layout of the Website, completing business transactions, development of marketing and promotion plans and materials, statistical analysis of user behavior, product development, administering individual accounts, and meeting government regulatory requirements such as sales tax collection, litigation, audits, etc.
Others: The details entered by you for using the software operated by FundTQ shall be used for processing to get the desired output reports to be used internally. Any information given to us from your end shall only be used to fulfil your requirement. Your sensitive information will not be redistributed to anyone. We use methods which are best and widely accepted, to protect your information. We comply with the applicable laws and review our security procedures carefully. Our team is trained to safeguard your details and financial information. We have strict security standards so as to prevent unauthorized use of your details and information by anyone.
Collection and Use of Other Data
• Monitoring Data. FundTQ and its service providers may collect and/or track other information such as demographic information, domain names, computer type, browser types, screen resolution, and other statistical data involving the use of the Website ("Monitoring Data"). We use Monitoring Data to help us understand who uses the Website and to improve and market it, as well as our other web Websites and services. Unless combined with Personal Data, Monitoring Data does not personally identify you or any other user, and we may use it for any purpose.
• Aggregated Data. Additionally, we may aggregate Personal Data in a manner such that the end-product does not personally identify you or any other user of the Website, for example, by using information to calculate the percentage of our users who fall in particular industry categorization or users at particular location among others. Such aggregate information may also be used for any purpose.
• IP Addresses. When you visit, and interact with the Website, we and our third-party service providers may collect Internet Protocol (IP) addresses. Your IP address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Website, along with the time(s) of your visit(s) and the page(s) that you visited. We use IP addresses to understand how the Website is used by our users and to improve the Website. Where required by applicable law, IP addresses will be treated as Personal Data.
The stored data under certain sections of the Website/Software shall be encrypted and backed-up on a daily basis. Such backup data shall be retained and maintained by FundTQ as per provisions of this policy. At any point, where the user wishes to withdraw the services of FundTQ, the users shall unsubscribe from the software.
Disclosure of Personal Data Collected
Disclosure of sensitive personal data or information by FundTQ to any third party shall be done only after the prior written permission from the provider of such information, who has provided such information under lawful contract or otherwise, unless such disclosure has been agreed to in the contract between the FundTQ and provider of information, or where the disclosure is necessary for compliance of a legal obligation. FundTQ shall not publish any sensitive information of the provider of information without prior consent of the provider of information. However, the information shall be shared, without obtaining prior consent from provider of information, with Government agencies mandated under the law to obtain information including sensitive personal data or information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences. Furthermore, any sensitive personal data on Information shall be disclosed to any third party by an order under the law for the time being in force.
We give you choices regarding our use and disclosure of your Personal Data for marketing purposes.
• If you no longer want to receive marketing-related emails from us on a going-forward basis, you may stop receiving these marketing-related emails by sending an e-mail to legal@FundTQ.com
• If you would prefer that we do not share your Personal Data on a going-forward basis with our affiliates or with unaffiliated third parties for their marketing purposes, you may cease this sharing by sending an e-mail to legal@FundTQ.com
We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you exercise the second option as described above, we will not be able to remove your Personal Data from the databases of our affiliates or unaffiliated third parties with which we have already shared your Personal Data (i.e., to which we have already provided your Personal Data as of the date that we implement your request). Further, please note that requesting us not to share your Personal Data with affiliates or unaffiliated third parties may result in you no longer receiving any marketing emails from FundTQ. Please also note that if you choose not to receive marketing-related messages from us, we may still send you important administrative messages, and you cannot elect to stop receiving such administrative messages, unless you choose to stop receiving services from us.
You may also indicate your choices regarding marketing-related emails by changing your preferences on your Website profile/account at any time, or contacting us via postal mail or telephone using the “Contact Information for FundTQ” below.
How you can access, change or suppress your Personal Data
If you would like to review, correct, update, suppress, delete or otherwise limit our use of your Personal Data that has been previously provided to us, you may make a request by contacting us using the information provided in the “Contact Information for FundTQ” below. For your protection, we may only implement requests with respect to the Personal Data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and consistent with applicable law. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting the change or deletion.
We at FundTQ believe in providing our users with the best of experience, FundTQ has taken a major step towards fulfilling the requirement of the users of FundTQ, by hosting the software through the Host servers.
FundTQ is not liable for any misappropriation done by the Host Servers. The information and data provided to the Host servers will not come under the responsibility of FundTQ. However, FundTQ shall take all measures to ensure data is fully secured and protected by the provider of Host Servers and such Host Servers should be internationally approved to provide world’s best Hosting Services.
FundTQ has established reasonable organizational and technical measures to protect Personal Data within our organization from loss, misuse, or unauthorized access, disclosure, alteration or destruction. Please note that while FundTQ has endeavored to create a secure and reliable Website for users, no Website is 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please notify us of the problem immediately by contacting us using the information provided below in "Contact Information for FundTQ" (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem).
We safeguard your privacy using known security standards and procedures and comply with applicable privacy laws. Our Website combines industry-approved physical, electronic and procedural safeguards to ensure that your information is well protected through its life cycle in our infrastructure. Personal Information is hashed or encrypted when it is stored in our infrastructure. Personal Information is decrypted, processed and immediately re-encrypted or discarded when no longer necessary.
Our Commitment to Personal Information Security
We recognize that your privacy is important to you, and therefore we endeavor to keep your Personal Information confidential. We will take all reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your Personal Information. We assure you of our best effort to protect Personal Information, however, we do not represent, warrant, or guarantee that your personal information will be protected against unauthorized access, loss, misuse, or alterations, and do not accept any liability for the security of the personal information submitted to us nor for your or third parties use or misuse of personal information.
Use of this Website by Minors
This Website is not directed to individuals under the age of eighteen (18), and we request that these individuals do not provide Personal Data through this Website.
Sensitive Personal Data
We ask that you not send us, and you not disclose, any sensitive Personal Data (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through this Website or otherwise to us.
Contact Information for FUNDTQ
Questions or concerns regarding FundTQ data protection practices should be addressed to:
Impacticorn Technologies Private Limited