Terms of Use

1. General

1. This terms of use is an electronic record in the form of an electronic contract by and between Us and You under the Information Technology Act, 2000 and the rules made thereunder, as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended from time to time (“Terms of Use”). This Terms of Use, the privacy policy, the disclaimer and any other applicable policies (the “Policies”) is published in accordance with Rule 3(1)(a) of the Information Technology (Intermediaries Guidelines and Digital Medial Ethics Code) Rules, 2021, which requires the publication of rules and regulations, privacy policy and terms of service for access or usage of the websites, marketfeed.com, payments.marketfeed.com, app.marketfeed.com, marketfeed.app, marketfeed.news, fundfolio.com and the mobile application marketfeed
2. TThe terms “We/Us/Our” shall refer to Fundfolio Fintech Private Limited, having the registered office at 39/2475-B1, Suite#346, LR Towers, SJRRA 104, S Janatha Rd, Palarivattom, Kochi Ernakulam KL 682025 IN, and the terms “You/Your” shall refer to the users and any other persons accessing or seeking to use the Platform (as defined below). 
3. This Terms of Use is a legally binding document between You and Us when You access and/or use Our website located at marketfeed.com, marketfeed.app, marketfeed.news, fundfolio.com and Our mobile application, marketfeed (or “App”) (collectively, the “Platform”). These Terms of Use provides the terms and conditions based on which We offer You access to the Platform for use, and for availing the Services (as provided in Clause 2 below) offered through the Platform. 
4. The Policies, as updated by Us from time to time, govern the relationship and transactions between You and Us, in relation to the access and/or use of the Services offered through the Platform. 
5. Please read the terms and conditions of the Terms of Use fully before using, signing up on the Platform or accessing any material, information, content or availing Services through the Platform. By downloading, installing, or otherwise accessing or using Our Platform or Services (whether in whole or in part), You agree that You have read, understood, and agree to be bound by the Terms of Use. By agreeing to the Terms of Use, You represent and warrant that You are at least the age of majority in Your state/province/country of permanent residence and/or nationality, or that You are the age of majority in Your state/province/country of permanent residence and /or nationality or  You have given Us Your consent to allow any of Your minor dependents to use Our Services and You are not a person barred under applicable law from receiving the Service and are competent to enter into a binding contract. You also represent and warrant to Us that You will use the Platform in a manner consistent with any and all applicable laws and regulations, and/or have not been barred, suspended or removed by Us for any reason whatsoever.
6. Upon Your consent to the Terms of Use and other Policies, We hereby grant You a limited, personal, revocable, non-assignable, non-transferable and non-exclusive license to use Our Services. This license is for the sole purpose of enabling You to use the Services in the manner expressly permitted by this Terms of Use and Our other Policies.
7. This Terms of Use is an electronic document and does not require any physical, electronic or digital signature. By accessing or using the Platform, You indicate that You understand, agree and consent to the terms and conditions contained in this Terms of Use. If You do not agree with the terms and conditions of this Terms of Use, please do not use this Platform.
8. We reserve the right to amend the terms and conditions of this Terms of Use from time to time at our sole and absolute discretion. You agree that the amended terms and conditions of this Terms of Use or other Policies shall be effective on the date they are posted on the Platform. You are advised to check the Policies from time to time for any updates or changes that may impact you. It will be presumed that You have received such notice of amendment if and when You access the Platform after the notice of the amendment to this Terms of Use and other Policies has been placed on the Platform. By using the Platform or accessing any material, information, content or availing the Services after such amendments have been made, You assent to and will be bound by the revised Terms of Use and revised other Policies, as the case may be, and it will be presumed that You have understood, agreed and consented to such revised Terms of Use and revised other Policies. If You do not agree with the revisions, please discontinue the use of this Platform. 

2. Services 

1. Our Platform offers comprehensive finance-related news, content and educational information. Further, We offer customized services to various categories of users. You can find out more about Our subscription plans here
2. You also agree and accept that the Platform allows you to network with other users or third parties, and share the performance of your respective portfolio. We disclaim that We will not be providing any input, advice or advertisement in regard to You sharing Your portfolio. Neither You nor Us are required to be registered as investment advisors with the Securities and Exchange Board of India. You also consent for your portfolio to be shared on the Platform in accordance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011. 
3. It is Your responsibility to ensure that the details provided by You are accurate. We will collect and store information in a database such as username, name, e-mail address, contact information and payment information, such as card number or UPI-ID. Based on the information provided by You to Us, You may be provided with a login identification (such as a username and password, a guest identification or any other identifier). You are solely responsible for all activities that occur under Your login identification and must notify Us immediately of any unauthorized use or other security breach relating to Your login identification.
4. You shall not host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person and to which you do have any right of use.  
5. Further, You warrant that the information You provide to Us is updated, and that You are bound to inform Us promptly if any change occurs in the information provided earlier.
6. Our Services include periodic delivery to You of offers, discounts or other information that may be of interest to You based on Your stated preferences or Your location.
7. We reserve the right to block, disable or delete Your login identification/account, or suspend or terminate Your use of Our Services, at any time, if in Our opinion, You have failed to comply with any of the provisions of the Terms of Use or any other policies, or if any details You provided Us for availing the Services prove to be false or misrepresented. 

3. Terms of Payment

1. Certain Services available on the Platform are accessible upon payment, and such charges shall be exclusive of the applicable taxes payable by You, including goods and services tax. The charges due and payable from You shall be as per the rates in effect at the time at which it is charged. For purchasing the Services, You shall provide Us with accurate and complete payment information, authorising Us to charge You. In case of failure in making any payment, We will not commence or terminate Your access to the paid Services. 
2. We use the services of third-party payment gateways for processing your payment and share the payment information and other identifiers with such third parties in accordance with their terms and conditions. Thus, Your payments shall be in accordance with the terms and conditions of such third-party service provider, and We shall not be responsible or liable for any failed or incomplete fulfilment of any payment instructions issued by You or any actions taken by you in respect of the same. Your bank or other third-party payment intermediaries may charge You currency conversion fees, bank charges and other transaction fees which shall be payable by You. Any refunds we provide would take upto 3-5 business days to get credited to the respective payment method.
3. We may also pay certain consideration to You for sharing Your portfolio from time to time and the consideration payable shall be at the sole and absolute discretion of the Company. 
4. We reserve the sole and absolute discretion and right to introduce or remove any plans or alter the pricing from time to time. 

4. Limitation of liability

1. We do not guarantee, represent or warrant in any manner that Your use of Our Services will be uninterrupted, timely, secure or error-free, on account of telecommunication interruptions or other disruptions. We also do not warrant that the Platform and its servers are free of computer viruses or other harmful mechanisms. If Your use of the Platform or content therein results in the need for servicing or replacing Your computer, mobile or other equipment or data, We are not responsible for any such costs.
2. We shall not be liable for any damage to Your computer, mobile or other equipment or for loss of data that may result from the download of any content, material, and information from the Platform or use of any software, systems, functionality, or other services on the Platform. 
3. Our Platform may contain message boards, chat rooms, or other such communication forums (collectively, “Forums”). We may also have a presence on social networking websites including but not limited to LinkedIn, Facebook, Twitter, YouTube, Telegram and blogs which are promotional and business initiatives to attract, engage and connect to a larger group of people. We shall not be liable in any way for any content (including, but not limited to, inaccurate, false, erroneous, incomplete, threatening, defamatory, obscene, offensive, infringing, illegal content) posted by third-party users, or for any loss or damage of any kind incurred as a result of the use of any content on Our Platform or the Forums or Our social networking websites. Further, We shall not be liable for any unlawful acts (including but not limited to posting of non-public information in violation of applicable laws such as SEBI (Prohibition of Insider Trading) Regulations, 2015, misuse of any data, unfair trade practices, fraud, or cyber-crimes) committed by You or Your affiliates, relatives, employees, agents or contractors. In the event, You post information or content that, You know, or reasonably should know, cannot be legally distributed on Our Platforms, Forums or Our social networking websites, You will be subject to legal action and held liable to the appropriate authorities under the applicable laws.  
4. WWe (and/or Our owners, officers, directors, consultants, contributors, advertisers, affiliates, partners, employees, group companies, agents, representatives or subcontractors or any other associated entities or persons, collectively referred to as the “Associated Entities”) make no representations or warranties, express or implied, with respect to any content, information, features, software, data, system, functionality, statements and Services contained on this Platform for their accuracy, completeness, timeliness or otherwise. They are all provided on an "as is" and "as available" basis. We and/or Our Associated Entities hereby disclaim all warranties and conditions with regard to these content, information, features, software, data, system, functionality, statements and Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and availability. You understand and accept that the reliance on Our Services is solely at Your own judgment and risk.
5. You agree that, from time to time, We may suspend, modify, restrict or remove Our Services for uncertain or indefinite periods of time or cancel the Services at any time, without notice to you.
6. Any information, including in the nature of advice and/or suggestion received by You may not be from subject experts and You must obtain specialist or professional advice before taking or not taking any action on the basis of the information made available on the Platform. 
7. You acknowledge that third-party links on Our Platform may direct You to third-party sites or pages or applications that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites or pages or applications, and We do not warrant and will not have any liability or responsibility for any third-party materials or websites or pages or applications, or for any other data, information, products or services of any third-parties.
8. We may provide You with access to third-party tools which We neither monitor nor have any control over. You acknowledge and agree that We provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of such optional third-party tools. Any use by You of the optional third-party tools offered through the Platform is entirely at Your own risk and discretion, and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
9. We and/or Our Associated Entities shall, in no event, be liable to You for any direct, indirect, punitive, incidental, special or consequential damages or hold you harmless for any claims and/or loss arising out of or in any way connected with the use of this Platform, or for any consequences arising out of information submitted by you, or on account of Your inability to use this Platform, or for any content, information, features, software, data, system, functionality, statements and Services obtained through this Platform, or otherwise arising out of the use of this Platform, whether based on contract, tort, strict liability or otherwise. 

5. Indemnification

1. You shall indemnify, defend and hold harmless, Us and Our Associated Entities, from any and all claims and/or losses imposed on, incurred by or asserted as a result of or related to (a) Your access and use of the Platform, (b) any non-compliance with the terms and conditions hereof, or (c) any third-party actions relating to the access/use of Our Platform or Our Services, whether authorized or unauthorized. 

6. Intellectual property rights

1. All content on the Platform (including but not limited to software, text, images, graphics, audio and video) constitutes Our exclusive property, and We possess all the intellectual properties therein (“Protected Material”), except the third-party content. 
2. You shall not copy, modify, reproduce, republish, transmit, post, distribute, use or appropriate the Protected Material in any form without Our prior written permission. Unauthorized use of the Protected Material may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties under applicable laws.
3. Subject to Our privacy policy, all information derived as a result of the Services provided on the Platform shall be owned by Us, and We shall have the right to utilize such information in a manner We deem fit.

7. Severability

1. If any term, provision, covenant or condition of this Terms of Use is held void, invalid, illegal or unenforceable for any reason, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired in any manner.

8. Entire Agreement

1. This Terms of Use constitutes the entire agreement between You and us, and no other agreement, written or oral, exists between us.
2. You acknowledge and represent that You have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Terms of Use and other Policies.

9. Assignment or Transfer

1. The rights and/or obligations granted to You under this Terms of Use are not assignable or transferable, in whole or part, and is personal to you. The Company reserves this right and at its sole and absolute discretion, can assign the rights and obligations under this Terms of Use (or any part thereof) to any Associated Entity or to another entity in connection with a corporate transaction, or any other commercial arrangement, or otherwise.

10. Termination

1. You agree that We may, in Our sole and absolute discretion and without prior notice, terminate Your access to the Platform and block Your future access to the Platform and Services if We determine that You have violated the terms and conditions of this Terms of Use or other Policies. These remedies are in addition to any other remedies which We may have at law or in equity.
2. In addition to Clause 11.1 above, We may, at any time, with or without notice, terminate these terms of the Terms of Use with You if:.
a - We are required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;.
b - The provision of the Services to You by Us is, in Our sole and absolute discretion, no longer commercially viable;
c - We elect to discontinue, with or without reason, providing Our Services (or any part thereof);
d - In the event We face any unexpected technical issues or problems that prevent the Platform and/or Services from working; or
e - You assign or transfer (or attempt the same) any rights and/or obligations granted to You under this Terms of Use. 
f - Termination of Your account may include:
1. removal of access to all offerings within the Platform or with respect to the Services;
2. disabling access to the account information, including Your personal information, login ID and password, and all related information, files and materials associated with Your account (or any part thereof), and any user content uploaded by you; and
3. prohibiting further use of the Services.
4. Upon termination of this Terms of Use, all rights granted to You will terminate and revert to us. Regardless of the reasons for termination of this Terms of Use, the fee charged if any for access to the Services is non-refundable.
5. The provisions regarding limitation of liability, indemnification and intellectual property rights shall survive such termination.

11. Force Majeure

1. If the performance of any Services or obligations under the terms and conditions of this Terms of Use or any other provisions of the Policies, by Us or other third parties in the fulfilment of associated transactions (for e.g., payment gateways etc.) is prevented, restricted, delayed or interfered with on account of a Force Majeure Event (as defined below), then We (or associated third-parties) shall be excused from such performance to the extent of and during the period of such Force Majeure Event.
2. A "Force Majeure Event" shall mean any event that is beyond Our reasonable control and shall include, without limitation, sabotage, fire, flood, earthquakes, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to the computer, computer system or computer network, computer crashes, breach of security and encryption (provided it is beyond Our reasonable commercial control), power or electricity failure or unavailability of adequate power or electricity.

12. Communications

1. When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us electronically, and You consent to receive communications electronically from Us periodically, and as and when required.
2. We will communicate with You by email or by notices on the Platform or electronic records on the Platform or on Your mobile number which will be deemed adequate service of notice.
3. Further, You hereby authorize and give consent to Us and Our third-party service providers, to send you, from time to time, various information, alerts, SMS, messages, calls or commercial communications, and other such communications on Your registered mobile number, whether or not Your number is registered with National Do Not Call Registry, or listed in National Customer Preference Register. You also confirm that You are consenting to receive such communications, and You will not hold Us or Our third-party service providers liable, or institute any complaint under the Telecom Commercial Communications Customer Preference (TRAI) Regulations, 2010 or such other applicable regulations including any amendment thereof, as may be applicable from time to time. This service will be auto renewed every month and if You wish to terminate this service, please write an email to support@marketfeed.com or call Our support number at +91-9633877377.

13. Feedback

1. You agree and accept that, any creative ideas, suggestions, information, proposals, plans, feedback or other materials, whether online by email, postal mail or otherwise (“Feedback”), You provide us, shall be deemed to be non-confidential, and We reserve the right to use such Feedback in any manner We deem fit, in any medium, without any restriction. 
2. We may, but shall have no obligation to, respond, monitor, edit or remove any Feedback appearing on the Platform that We determine in Our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or other rights, or of this Terms of Use.
3. Further, by submitting the Feedback, You represent and warrant that:
a - Your feedback does not contain confidential or proprietary information of anybody including yourself or other third parties. You further agree that Your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or the Platform.
b - You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback You make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by You or any third party.
c - We are not under any obligation of confidentiality, express or implied, with respect to the Feedback.
d - You are not entitled to any compensation or reimbursement of any kind from Us for the Feedback under any circumstances.
e - We may at Our sole and absolute discretion, make any modifications or changes to the Platform, the content therein and/or Services on the basis of such Feedback, however, We shall not be obliged to do so. Further, in the event that We make any changes or modifications to the Platform, the content therein and/or Services on the basis of any such Feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Platform, the content therein and/or Services.
f - You hereby waive all rights under applicable laws in relation to any changes or modifications that the Company may make in relation to the Platform, the content therein and/or Services, pursuant to the Feedback.

14. Governing law and jurisdiction 

1. These Terms of Use shall be governed by and construed in accordance with the laws of India.
2. We and You shall make all reasonable endeavours to settle any dispute, difference or claim arising out of or in connection with this Terms of Use amicably through negotiations. Any dispute arising out of or in connection with this Terms of Use that is not settled by negotiations within 30 (thirty) days of a notice being given by either party, shall be subject to the jurisdiction of the courts of Bangalore, Karnataka, India.

15. Contact Information

1. Questions about the Terms of Use should be sent to Us at support@marketfeed.com
2. We are committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any User concerns through our Grievance cell.
3. All grievances related to the use of Platform shall be addressed to Sooraj (the “Grievance Officer”). Please write us at support@marketfeed.com or call us at +919633877377 for raising any grievances. The Grievance Officer will get back to You within 48 (forty-eight) hours of the receipt of any complaint from You. 
4. Every grievance will be provided with a complaint or ticket number which can be used to track the status of the grievance. Redressal or closure of a grievance might take approximately 1 (one) month from the date of receipt of complaint. 
5. However, if you are dissatisfied with our grievance redressal mechanism, the dispute will be resolved through mediation in accordance with Consumer Protection Act, 2019 and as provided in Clause 16 above.