TERMS OF USE
Welcome to Fortunexus Private Limited (hereinafter referred to as “We”, “Us”, “Fortunexus” or “Our” which expression shall mean and include its affiliates, successors and permitted assigns). Your (“You” or “Your”) use of our Websites www.fortunexus.in, including the content, materials, and information available on or through the Websites (together, the “Materials”), is governed by these Terms of Use (these “Terms”) which include the Privacy Policy listed on the website. By using our Websites, you acknowledge and represent that You have read and accepted these terms and shall be subject to the policies that are applicable to the Platform and by mere use of the Platform and you are authorized to be subject to these Terms. If you do not accept these Terms, do not use our Websites.
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. When We do so, it will also revise the “effective date” at the end of these Terms. Please check these Terms periodically for changes. Your continued use of our Websites after the posting of changes constitutes your binding acceptance of these Terms and of such changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
We are a platform providing assistance to startup enterprises and founders expertise, connects to partner service providers, and access to capital through angel investment networks. We enable users of the Platform to register either as a Startup (defined below), an Investor (defined below) or as a Partner (defined below). Registered users are hereinafter referred to as Members. Through the tools and services provided on such platform, We facilitate the validation of the business ideas provided by the Startups as well as effective and secure communication between such Startups and other users including Investors. We may also provide certain offline services including but not limited to conducting seminars, workshops and providing an opportunity to the users of the Platform to interact with other users of the Platform offline.
You can access the Platform without registering for an account. However, to use several features, You will need to register and create a profile with accurate and complete information. Your profile must be your own or of a person or entity You are entitled to represent and You shall not use or provide any information that is offensive or that violates any third party’s rights.
Sign-up: If You are a business, entrepreneur seeking advice, mentorship, service partners, access to capital or connecting with the startup ecosystem, You have to register as a Startup on the platforms. Based on your requirements and our criteria, Your profile will be detailed and created, shared on the platform, sent to various investors interested in the startup. Only the basic details including but not limited to Name of Company, Name of Founder, Industry, Requirement (Fund/Service) shall be displayed or listed onto the platform homepage and startup page. We shall strive to ensure that in depth data and a detailed profile is only shared with registered investors and partners. We cannot, however, guarantee that users who access this restricted information will not distribute that information to other persons.
The platform has various features and service offerings for startups. Each may need different forms of interaction, additional documentation and special terms or fees. You might need to enter into an arrangement accordingly for the different services.
Fundraise: You acknowledge that You are not a publicly listed company and Your securities are not registered, or required to be registered, on any stock exchange in any jurisdiction. In the event You and any other Member of the Platform choose to engage in a business relationship, whether or not a proposed investment into the Startup, the terms and conditions of such relationship shall be agreed between the parties to such relationship and Fortunexus shall not be responsible for the same. Any transaction in securities that You may offer or conclude with any other Member of the Platform shall be offered, issued, allotted or transferred in strict compliance of all applicable laws including but not limited to private placement rules under applicable securities laws. It shall be Your responsibility as a Startup to comply with the provisions of applicable laws including the Companies Act, 2013 and the private placement rules thereunder.
Investor
Sign-up: In case You are an angel investor or new to startup investing interested in exploring opportunities to engage with companies, You have to register on the Platform as an Investor. Once You register by providing Your profile details, Fortunexus will contact you before signing you up completely and adding the details to the platform’s database. Based on the information You provide and the interests You mention, Fortunexus will share relevant deals, companies and opportunities with You.
By applying to be registered as an Investor on the platform, You acknowledge that You are capable of evaluating the merits and risks of startup investments, are able to incur a complete loss of such investment without impairing Your financial condition and are able to bear the economic risk of such investment for an indefinite period of time.
Syndicate: 'Syndicates' are smaller social groups of Investors on the Platform created by a marquee or lead Member whose deal flow is shared with other Members in the Syndicate. Joining a Syndicate allows an Investor to follow investment commitments being made by the Syndicate and co-invest in such deals based on the lead Investor’s discretion.
Investment: Based on Your review of the information provided by a Startup and Your interactions with its founders or representatives, You may choose to evince interest in investing in a Startup and reserve Your right to participate in an offer inviting investment by the Startup. Once You have made a commitment, the status of the Startup’s fundraise, documentation, other investor commitments shall be shared with You. The Startup may, at its sole discretion, accept Your commitment and make an offer inviting Your investment and the terms and conditions of such investment shall be agreed between You and the Startup and Fortunexus shall not be responsible for the same. You must obtain such professional advice as is appropriate to protect Your interests, including legal, tax, accounting, financial, due diligence and other advice. While Fortunexus can be employed to provide such advice, the agreement for the same shall be executed separately.
4.6 Investment Vehicles: A Startup may, in consultation with the lead Investor or other representatives, require or provide an option for You to invest through certain investment vehicles such as alternative investment funds and special purpose vehicles. The terms and conditions of Your investment through such vehicle shall be governed by a separate agreement executed with You by such vehicle and/or the Startup.
Risks: You acknowledge that an investment in a single Startup or multiple Startups and/or investment funds on the Platform involves a high degree of risk, regardless of whether such investment is direct or through an investment vehicle. There can be no assurance that:
The following considerations, among others, should be carefully evaluated before making an investment in a Startup, whether directly or through an investment vehicle.
Partner
Sign-up: If You are a startup consultant or service provider who is interested in collaborating with the Startups registered on the platform, You can register on the platform by providing required details. Once registered, Fortunexus will contact You to discuss the particulars of the service along with the commercials to be agreed upon between You and Fortunexus directly.
Information
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
As an Investor and/or Partner, You agree that You shall not, directly or indirectly, enter into any transaction to consummate any transaction in relation to securities of early-stage companies, venture capital undertakings and/or investment funds, service arrangement other than through the Platform where such investment or company opportunity was identified by You in the first instance on the Platform. You shall also take best efforts to inform the Startup/company/shareholder/investment fund that the investment/service opportunity was discovered through the Platform, whether or not such transaction/service opportunity is ultimately consummated directly by You or through any investment fund, special purpose vehicle, related party or affiliate controlled or advised by You. You confirm that You are not relying on Fortunexus to, and that You understand that We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any content or communications posted via the Platform or endorse any opinions expressed on the Platform. You understand that Your content may be republished and if You do not have the right to submit content for such use, it may subject You to liability, and that Fortunexus will not be responsible or liable for any use of Your content by Fortunexus in accordance with these Terms of Use.
Chat
Please use the chat features of the Platform responsibly, do not use the Platform to send unsolicited commercial messages ('spam') or unsolicited mass distribution of files.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., to collect or copy data from the Platform. You further agree that You shall access the Platform only via the website through a web browser or a mobile user interface. Notwithstanding the foregoing, Fortunexus grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Fortunexus reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation purposes.
Representations and Warranties of User: You hereby represent and warrant:
iii. That You shall not use a false name, user ID or email address owned or controlled by another person with the intent to impersonate that person or for any other reason and You shall be solely responsible for maintaining the confidentiality of Your password
vii.That You shall cooperate in good faith with other users, fellow shareholders in the Startup, Fortunexus and its personnel, and their respective employees and officers to give effect to and honour the terms of any contract entered into between You and such persons, whether or not executed through the Platform.
Intellectual Property: You hereby agree, in your individual capacity and on behalf of any Investor or company for which you are an authorized representative, subject to the Privacy Policy, that all content and images on the Site are either the property of, or used with permission by Fortunexus. The use of the content or images by you or anyone authorized by you, is prohibited unless specifically permitted by these Terms of Use or provided elsewhere on the Site. By providing content or Data on the Site, subject to the Privacy Policy, you grant us a royalty-free, non-exclusive, worldwide license, under your intellectual property rights, to copy, reformat, index, modify, display, distribute and put to commercial and other uses such content or Data. No compensation will be paid with respect to our use of such content or Data. Fortunexus neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned or affiliated with Fortunexus. By using and accessing Fortunexus, you agree to keep all information you learn about companies, funds, and investment opportunities on the site private and confidential.
The trademarks, logo and slogans displayed on the Site including the mark Fortunexus, (collectively the "Trademarks") are owned by Fortunexus and others. Nothing on this Site should be construed as granting any license or right to use the Trademarks without written permission of Fortunexus or such third party owner of the Trademarks. Your misuse of the Trademarks, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited. You are advised that Fortunexus will aggressively enforce its intellectual property rights to the fullest extent of the law.
Prohibited Uses: In general, as a condition to your continued use of the Platform, you agree that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms of Service. In the access or use of the Platform, you shall comply with these Terms of Service and the special warnings or instructions for access or use posted on the Platform. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Platform or any Content or services that may appear on the Platform and you may not impair in any way the integrity or operation of the Platform. Without limiting the generality of any other provision of these Terms of Service, if you default negligently or willfully in any of the obligations set forth in these Terms of Service, you shall be liable for all the losses and damages that this may cause to Fortunexus, our affiliates, partners or licensors.
By way of example, and not limitation, you agree not to Post, transmit, or otherwise make available through or in connection with your use of the Platform:
iii.Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.
vii.Use the Platform for any fraudulent or unlawful purpose or to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about Users of the Platform.
viii. Impersonate any person or entity, including without limitation any representative of Fortunexus or any other company; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Platform; or express or imply that Fortunexus endorses any statement you make.
x . Restrict or inhibit any other person from using the Platform (including without limitation by hacking or defacing any portion of the Platform).
xii. Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Platform.
xiii. Remove any copyright, trademark or other proprietary rights notice from the Platform or materials originating from the Platform.
xiv. Frame or mirror any part of the Platform or create a database by downloading and storing Platform Content.
xvi. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way Fortunexus Platform Content or reproduce or circumvent the navigational structure or presentation of the Fortunexus Platform without Fortunexus’s express prior written consent.
Modifications: We reserve the right at any time and from time to time, in Our sole discretion, to modify the content on the Platform or any part thereof, including the transmission of any related materials or documentation, with or without providing prior notice to You. We further reserve the right at any time and from time to time, at Our sole discretion, to alter, modify or terminate any content or features contained on the Platform without providing to You prior notice of such alteration, modification or termination. You agree that Fortunexus shall not be liable to You or to any third party claiming through You, for any modification of the content or features provided on the Platform.
System Update: We use internally developed systems for providing You access to and facilitating Your use of the Platform. These systems may encounter technical or other limitations, and computer and communications hardware systems might experience interruptions. Further, We continually enhance and improve these systems in order to accommodate the level of use of the Platform. We may also add additional features and functionality to Platform that might result in the need to develop or license additional technologies. Increased utilization of the Platform or providing new features or functionality may cause unanticipated system disruptions, slower response times, degradation in levels of customer service, and delays in reporting accurate financial information. You agree that We shall not be liable to You or to any third party claiming through You, for any such failures contemplated herein.
Privacy and Confidentiality: Your use of the Platform is governed by Our privacy policy, which can be located at https://Fortunexus.com/privacy
Required by the applicable law of any jurisdiction
Required by any applicable securities exchange, supervisory or regulatory or governmental body to which the relevant party is subject or submits, wherever situated, whether or not the requirement for disclosure has the force of law
Made to employees and representatives on a need to know basis, provided that such persons are required to treat such information as confidential through written agreement in terms which are no less strict than this Paragraph
Provided that, restriction in this Paragraph shall not apply to disclosures of Confidential Information made by Fortunexus to its shareholders, directors, managers, advisors, potential investors and/or Affiliates. Provided further that Fortunexus may disclose the Confidential Information to third party vendors and customers or pursuant to partnering arrangements without the restriction of this Paragraph provided that such persons are required to treat such information as confidential through written agreement in terms which are no less strict than this Paragraph.
Additional / Special Terms and Conditions
Fortunexus may notify You or request You to accept additional or special terms and conditions in relation to Your access of certain features or services on the Platform. You agree that You shall access or use such features and services only in accordance with such additional or special terms and conditions as if they were incorporated herein these Terms of Use.
Links to / from other Platforms and Third Party Tools
Monitoring
All electronic communications and content presented and/or passed to Us, including that presented and/or passed from remote access connections, may be monitored, examined, saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of Fortunexus in the exercise of their duties, or by law enforcement authorities who may be assisting Fortunexus in investigating possible contravention / non-compliance with applicable law. Electronic communications and content may be examined by automated means. Further, Fortunexus has the right to reject, at its sole discretion, from the Platform any electronic communications or content deemed not to be in compliance with the corporate policies and procedures of Fortunexus.
Termination
Disclaimer of Warranties and Limitation of Liability: You expressly agree that access to and use of the services is at your sole risk and is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose (except only to the extent prohibited under the laws applicable to terms of service with any legally required warranty period to the shorter of thirty days from first use or the minimum period required). Without limiting the foregoing, Fortunexus nor its affiliates or subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors (collectively, “company parties”) warrant that the services will be uninterrupted, bug-free or error-free.
To the fullest extent permitted by law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the services under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that Fortunexus shall not be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages in any way whatsoever arising out of the use of, or inability to use, the services or otherwise in connection with this agreement. You further specifically acknowledge that the company parties are not liable, and you agree not to seek to hold the company parties liable, for the conduct of third parties, including other users of the services and operators of external websites, and that the risk of the services and external websites and of injury from the foregoing rests entirely with you.
Fortunexus is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or media players on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to your or to any other person’s computer, mobile phone or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the services, including any mobile software. under no circumstances will the company be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone’s use of the services, any content or third party applications, software or content posted on or through the services or transmitted to users or any interactions between users of the services, whether online or offline.
We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the services or any content thereon or any content you receive as a result of your relationship with Fortunexus. Fortunexus will not be responsible or liable for any harm to your computer system, loss of data or other harm that results from your access to or use of the services or any content. you also agree that Fortunexus has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the services. we make no warranty that the services will meet your requirements or be available on an uninterrupted, secure or error-free basis. no advice or information, whether oral or written, obtained from Fortunexus or through the services, will create any warranty not expressly made herein.
Under no circumstances will any company person be liable to you for more than the amount you have paid the company in the ninety (90) days immediately preceding the date on which you first assert any such claim.
To the extent any provision(s) relating to arbitration, disclaimer, waiver of liability or any other rights and obligations set forth herein is not permissible or enforceable under foreign laws as applied to users from such foreign jurisdictions, each such provision shall be deemed removed and invalid, but all remaining provisions shall be in full force and effect.
Indemnity: You agree to indemnify and hold Fortunexus harmless from:
Any actions, claims, demands, suits, damages, losses, penalties, interest and other charges and expenses (including legal fees and other dispute resolution costs) made by any third party due to or arising out of Your use of the Platform, any violation of the terms of these Terms of Use; any acts or deeds, including for any non-compliance or violation, of any applicable law, rules, regulations on Your part; for any fraud committed by You; or your infringement of any intellectual property or other right of any person or entity; or as a result of any threatening, libelous, obscene, harassing or offensive material posted / transmitted by You on the Platform. The obligations of Indemnity shall survive the termination of these Terms of Use.
International Visitors and Users: Our Websites is operated and controlled by Fortunexus in India and we make no representation that the content contained on the Platform is appropriate or to be used or accessed outside of India. If it is illegal or prohibited in your country of origin to access or use our Websites, then you should not do so. Those who choose to access our Websites outside India, access it on their own initiative and are responsible for compliance with all local laws and regulations.
Governing Law and Dispute Resolution: The Terms of this Platform are governed by and construed in accordance with the laws of India.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") shall be referred before a sole arbitrator mutually appointed by both parties and in accordance with the Arbitration and Conciliation Act, 1996 or any other statutory re-enactment thereof for the time being in force and as amended from time to time. The place of arbitration shall be Mumbai. The language shall be in English. Subject to the foregoing, the courts in Mumbai shall have exclusive jurisdiction of all matters arising herein.
22.5 You agree and acknowledge that the provisions of Paragraph 9 (Intellectual Property) and Paragraph 13 (Privacy and Confidentiality) are of importance to Fortunexus and monetary compensation may not constitute adequate relief and remedy to Fortunexus for nonperformance by You of Your obligations thereunder. Accordingly, Fortunexus shall be entitled to claim specific performance and seek mandatory and/or perpetual injunctions requiring You to perform Your duties and obligations under such provisions.
MICESELLANEOUS
These Terms of Use comprise the full and complete agreement between You and Fortunexus with respect to the use of the Platform and supersedes and cancels all prior communications, understandings and agreements between You and Fortunexus, whether written or oral, expressed or implied with respect thereto.
Severability: If any term, provision, covenant or restriction of these Terms of Use is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of these Terms of Use shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
The rights and remedies available under this Terms of Use may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
Waiver: The rights and remedies available under this Terms of Use may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
Fortunexus shall be entitled to assign their rights and obligations hereunder to any Affiliate, third party or as part of any restructuring, business combination, merger or acquisition.
Any notice to be given in connection with these Terms of Use shall be delivered via email to Fortunexus at reach@fortunexus.in or to You at the email address provided by You in Your profile. You consent to the use of electronic communications in order to the electronic delivery of notices in relation to any matter under these Terms of Use.