TERMS OF SERVICE AGREEMENT
LAST REVISION: 27th November 2020
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, www.coolfundas.com (the “Website”). This Agreement includes and incorporates, by this reference, the policies and guidelines referenced below. Coolfundas reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Coolfundas will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Coolfundas encourages you to review this Agreement whenever you visit the Website to ensure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Coolfundas for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Content; Intellectual Property; Third Party Links. This Website also offers direct and indirect links to third-party websites about information that we consider helpful to a reader. To the extent that Coolfundas does create the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Coolfundas does not endorse the content on any such third-party websites. Coolfundas is not responsible for the content or any damage resulting from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; Coolfundas is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Coolfundas or the applicable third party (if third-party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant Coolfundas a perpetual, worldwide, non-exclusive, royalty-free, assignable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Coolfundas does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Coolfundas is not liable for any damage or harm resulting from any posts or interactions between users. Coolfundas reserves the right but has no obligation to monitor interactions between and among users of the Website and to remove any content Coolfundas deems objectionable at our sole discretion.
II. DISCLAIMER OF WARRANTIES
Your use of this website is at your sole risk. The website is offered on an “as is” and “as available” basis. Coolfundas expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the website content, or any reliance upon or use of the website content without limiting the generality of the foregoing, coolfundas makes no warranty:
- That the information provided on this website is accurate, reliable, complete, or timely.
- That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
- No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
III. LIMITATION OF LIABILITY
Coolfundas will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement, including liabilities resulting from the use or the inability to use the website content.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
You will release, indemnify, defend, and hold harmless Coolfundas and any of its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations, and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) any intellectual property or other proprietary rights of any person or entity; (4) your violation of any provision of this Agreement; or (5) any information or data you supplied to Coolfundas. When Coolfundas is threatened with suit or sued by a third party, Coolfundas may seek written assurances from you concerning your promise to indemnify Coolfundas; your failure to provide such assurances may be considered by Coolfundas to be a material breach of this Agreement. Coolfundas will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content, with counsel of Coolfundas choice at its expense. Coolfundas will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Coolfundas against any claim, but you must receive Coolfundas prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website
VI. AGREEMENT TO BE BOUND
By using this Website, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure. Coolfundas will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Coolfundas may at any time, in its sole discretion and without advance notice to you, cease operation of the Website.
Entire Agreement. This Agreement comprises the entire agreement between you and Coolfundas and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Coolfundas to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from Bangalore, Karnataka. This Agreement will be governed by the laws of the State of Karnataka, India, without regard to its conflict of law principles to the contrary. Neither you nor Coolfundas will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Karnataka, India. By using this Website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or in connection with this agreement must be asserted individually.
Termination. Coolfundas reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website, and Coolfundas may, in its sole discretion. If your access to the Website is terminated, Coolfundas reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Coolfundas chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Coolfundas makes no representation that the Website is appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. Coolfundas may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.