Terms of Use

Introduction

These terms and conditions applicable to the use of the Website (as defined below), together with the Privacy Policy and the Cookie Policy (“Terms of Use”), and any other policies, terms and disclaimers available on the Website or communicated to you (“You” / “Your” / “User” and variations of these terms), govern Your use of the Website, and constitute an agreement between TG Fund Advisors Pvt. Ltd. (“TG Fund” / “We” / “Us” and variations of these terms) and You. These Terms of Use apply to You and are binding upon You for and through Your use of www.together.fund (“Website”). 


These Terms of Use may be amended / updated from time to time. Upon amending / updating the Terms of Use, we will accordingly amend the date above. We suggest that you regularly check these Terms of Use to apprise Yourself of any updates. Your continued use of the Website will imply Your unconditional acceptance of such updates to these Terms of Use.


By visiting, accessing and/or availing the Website; 


  1. You agree that You have read, understood and agreed to these Terms of Use and You acknowledge that these Terms of Use shall apply to You and be binding on You;
  2. You are competent under the laws of India to agree to these Terms of Use;
  3. You have the mental capacity and are of sane mind to take responsibility for Your own actions and consequences arising out of such actions involving availing the Website; and
  4. You are responsible for complying with your applicable local or national laws and will not access the Website from an area where TG Fund has restricted access of the Website to Users for any reason whatsoever.


Use of the Website


You may not use the Website:

  1. for any purpose that is unlawful, illegal or forbidden by law; 
  2. In any manner that harms TG Fund, or TG Fund’s directors, employees, affiliates, distributors, partners, service providers, and / or any other User of the Website;
  3. to remove any copyright and other proprietary notices contained in any content on the Website;
  4. to copy, decompile, reverse engineer, or otherwise attempt to discover any source code, sell, assign or otherwise transfer any intellectual property in the Website;
  5. to copy any logos, brand names, marketing or branding material or pictures from the Website;
  6. for the purpose of accessing the Website, or any content on the Website by the use of spiders or robots;
  7. to send communications containing unsolicited / unauthorized advertisements, promotions or marketing material; or
  8. in any manner other than as agreed in the Terms of Use.


You may be permitted to post certain content using the Website. When you use the Website You specifically undertake not to host, display, upload, modify, publish, transmit, store, update or share any content, whether through the Website that:


  1. belongs to another person and to which the User does not have any right;
  2. is defamatory, obscene, pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
  3. is harmful to children;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  7. impersonates another person;
  8. threatens 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 cognisable offence or prevents investigation of any offence or is insulting other nation;
  9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or
  10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.


You are responsible for all content that You upload, post, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals (as may be required) in order to post any such content. You hereby grant TG Fund a perpetual, non-revocable, worldwide, royalty-free license to use, copy, distribute, display, reproduce, modify, adapt any such content and create derivate works of such content. You represent and warrant that You own or otherwise control all of the rights to any user content that You post or that You otherwise provide on or through the Website; and that, as at the date that the content is posted or submitted on the Website:
(i) the content is accurate;
(ii) use of the content does not breach these Terms of Use or applicable law; and
(iii) that the posting and use of such content is lawful.


Intellectual Property


  1. Rights of TG Fund


  1. All intellectual property including in relation to any software, techniques and processes used, and any trademarks, logos, images and other content available on the Website belongs exclusively to TG Fund and / or its licensors. Through your use of the Website, by no means is any proprietary right in any intellectual property impliedly or expressly granted by TG Fund to You.
  2. TG Fund and / or its licensors assert all proprietary rights in the trademarks and copyright depicted on the Website. Any unauthorized use of the TG Fund trademarks or copyright in connection with any other good, service or offering will constitute an infringement of the trademark and copyright of TG Fund and / or its licensors and may be actionable under the applicable laws.


  1. Rights of the User


  1. TG Fund grants you a limited royalty-free right for your personal and non-commercial use of the Website, for the time that you are a User with the Website;
  2. Unless explicitly stated or otherwise authorised by TG Fund, you agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content on the Website, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership. 


Confidential Information


The User acknowledges that the Website may contain information which is designated confidential by TG Fund and agrees that the User shall not disclose such information without TG Fund’s prior written consent. 


Third Party Sites / Content


  1. The Website may provide links or direct you to various third-party websites. If you use any of these links, you may be directed / redirected to such external websites. 


  1. If you decide to visit any such external link, you agree to do so at your own risk, responsibility and liability. TG Fund does not endorse any website linked to the Website or the information appearing therein or any of the products or services described therein. You agree that TG Fund is in no way responsible for the accuracy, timeliness or completeness of information that it may obtain from these third parties and which may be posted / published on the Website and as may be amended from time to time. 


  1. Any display of third-party goods / services offered through the Website does not in any way imply, suggest, or constitute any reputation, sponsorship, endorsement or approval of TG Fund by any such third parties.


  1. Use of such third-party links shall be governed by a separate agreement between You and such third party. TG Fund will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any refunds, exchanges, personal injuries, death, property damage, or other damages or expenses resulting from interactions of the User with such third parties or from availing any goods / services from such third parties.


Personal Information and Data Security


TG Fund may collect certain personal information from You in connection with the Website / Service. Such personal information may be collected in various ways including: 

  • when You register on the Website, such as for our newsletter
  • when You use the Website 


Your personal information may be collected used, stored, processed, disclosed and transferred in accordance with applicable data protection laws and the Privacy Policy. 

 

Indemnity


You agree to defend, hold harmless and indemnify TG Fund, its affiliates, directors and officers (collectively the “TG Fund Indemnified Parties”) from and against any and all losses, costs, expenses, damages or other liabilities incurred by any TG Fund Indemnified Party, from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against an TG Fund Indemnified Party, due to or arising out of or in connection with (a) Your use of the Website or (b) Your breach of any provision of these Terms of Use (c) or any negligent or intentional wrongdoing on Your part.


You shall not settle or compromise any such matter without our prior written consent.  We shall be entitled to participate in such defense through Our own counsel at Your cost and expense. 


Disclaimer


We exclude all representations and warranties relating to the content on the Website. The Website and the content on the Website should not be construed as investment or other professional advice.


TG Fund disclaims any representation and warranties for the security, reliability, quality, timeliness, and performance of (i) the Website, content on the Website; (ii) third party products or services advertised on or received through any links or other sources provided on the Website; (iii) any information or content received through the site or links provided on the Website. 


TG Fund makes no warranty or representation that any errors in the Website will be corrected.  


The Website is provided on an “as is” and “as available” basis. Neither TG Fund nor any third-party service providers are liable for any network, technical or other operational difficulties or problems which may result in loss of your data, monetary loss, personalization settings or other interruptions in the features offered on the site. Neither TG Fund nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any features or other aspects of the Website or content on the Website.


Limitation of Liability


To the fullest extent permitted by law, TG Fund is not and will not be liable for any indirect, remote, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill) arising out of or in connection with the Website, even if TG Fund has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation to damages due to: (a) the use of or the inability to access or use the Website or (b) conduct of any User on the Website (c) unauthorized access to or alteration of transmissions or data, (d) malicious or criminal behaviour, or false or fraudulent transactions (e) technical or other operational lapses on the Website. In any event, the liability of TG Fund arising out of the Agreement shall not exceed INR 20,000 (Twenty Thousand Rupees).


Governing Law & Jurisdiction


This Agreement along with Your use of the Website is governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. 


The courts in Bangalore, India shall have exclusive jurisdiction over all matters connected with these Terms of Use and Your use of the Website. 


General Provisions 


Suspension/Termination. TG Fund shall have the right to suspend or terminate Your access to the Website if TG Fund has any reason to believe that You are violating any of the provisions of these Terms of Use, Privacy Policy, any other rules / policies of the Website, or any applicable laws.


Force Majeure. TG Fund shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond TG Fund’s reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks. 


Entire Agreement: These Terms of Use, the Privacy Policy, Cookie Policy and other policies which may be applicable to specific portions of the Website constitute the entire agreement between TG Fund and You.


Advertisement: TG Fund shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website.   


Severability: If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions. 


Waiver: The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder. 


Assignment: You may not assign or sub-license, without the prior written consent of TG Fund, the rights, duties or obligations under these Terms of Use, in whole or in part, to any person or entity.


Conflict: In the event there is any conflict between the terms set out in these terms, the Privacy Policy, and any other policies applicable to specific pages of the Website, the following order of prevalence shall apply: (i) the Privacy Policy (ii) these terms, (iii) any other policies applicable to specific pages of the Website.