Introduction
These General Website Terms apply to your use of http://fundly.ai/ and associated mobile applications, the Fundly App, and any other linked pages, services, features and content (collectively the “Website”) offered by Ardour Analytics Private Limited (“the Company” / “we” / “our” / “us”).
By accessing the Website, you acknowledge that you have read, understood and consent to be governed by these General Website Terms, the Retail Finance Agreement, and the Privacy Policy. This constitutes a binding and enforceable agreement between you and the Company.
These General Website Terms are an electronic record in terms of the Information Technology Act 2000 and rules thereunder. They do not require any physical or digital signatures.
The Privacy Policy and the Retail Finance Agreement form an integral part of these General Website Terms and should be read in conjunction. We do not accept liability for loss or damage arising from reliance on any information on our Website. We do not take responsibility for the contents of external websites linked from our Website.
The Company reserves the right to add, modify or delete any content, features, or services available on the Website at its sole discretion.
Privacy and Protection of Data or Information
Your privacy is extremely important to us. Upon acceptance of these General Website Terms you confirm that you have read, understood and unequivocally accepted our Privacy Policy.
Intellectual Property Rights
The term “Content” includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, agreements, contracts, comments, software, scripts, graphics, themes and interactive features generated or otherwise made accessible on the Website.
All Content on the Website is the property of the Company. No part of this Website may be reproduced, copied, stored or transmitted in any form without the prior written consent of the Company. The Company may take appropriate legal steps to prevent unauthorized use of its Content.
Use Limitations
As a condition of use, you warrant that you will not use the Website for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Website or its Contents, or interfere with any other party's use and enjoyment of the Website.
You are not entitled to use any measures, mechanisms or tools (software or hardware) that could interfere with the functioning of the Website.
Disclaimer
Our email communications including attachments are confidential and intended solely for the addressee. Any disclosure, copying, distribution or reliance on such communications by unintended recipients is strictly prohibited and may be unlawful.
We cannot guarantee the security of our email communications. You are responsible for performing necessary security checks before relying on the contents of any email from us. We shall not be liable for improper transmission or any damage resulting therefrom.
Limitation of Liability
To the maximum extent permitted by applicable law, the Company shall not be liable for any special, incidental, indirect, punitive or consequential damages arising out of the use of, or inability to use or access, the Website — including damages for loss of profits, business interruption, loss of data, or any security breach, virus, or technical malfunction.
All information and content on the Website is provided “as is” without warranty of any kind. The Company disclaims all warranties including fitness for a particular purpose, title, and non-infringement.
The Company shall not be liable for: (a) loss of use, data, or profits connected with use or performance of the Website; (b) any delay or inability to use the Website; (c) failure to provide information or products/services obtained through the Website.
Termination
Your right to use the Website may be terminated or suspended by the Company at any time, without assigning any reasons, at its sole discretion. Upon termination or suspension, you shall not have the right to use or access the Website.
Governing Law, Settlement of Disputes and Jurisdiction
These General Website Terms and any dispute or claim arising under them will be governed by and construed in accordance with the laws of India. Any legal action or proceedings may be brought exclusively in the competent courts/tribunals having jurisdiction in Mumbai, and you irrevocably submit to such jurisdiction.
Indemnity
You agree to indemnify the Company and all persons involved in the creation of this Website for all damages, losses and costs (including legal costs) arising out of or relating to your use of this Website or any acts committed by you in violation of applicable laws and these General Website Terms — including liability for copyright infringement, defamation, invasion of privacy, trademark infringement and breach of these Terms.
Force Majeure
The Company shall not be liable for non-availability of any portion of the Website caused by a Force Majeure Event — meaning any event beyond our reasonable control, including without limitation: sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data, computer crashes, or breach of security and encryption.
Severability
If any provision of these General Website Terms is deemed invalid, void, or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Changes to the General Website Terms
The Company reserves the right to change, modify, amend, add or remove portions of these General Website Terms at any time without prior notice. We recommend reviewing these Terms periodically. By continuing to use this Website after changes are made, you agree to be bound by the revised Terms.