Terms of service

Funky Fish LLC and its partnered brands, including thefunkyfish.in, (“Funky Fish”, “we” or “us”) gives this site (applications and other online administrations that are available through different platforms, tablet and portable internet browsers occasionally) (all in all, “Website”) subject to your consistence with these Terms of Use.

Kindly READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. These Terms of Use establish an arrangement among Funky Fish and you. We suggest that you print out a duplicate of these Terms of Use for your records.

By utilizing the Site, you assert that you are capable and legitimately equipped to consent to and conform to these Terms of Use. Should you not consent to these Terms of Use or in the event that you are not lawfully equipped to consent to them, you may not utilize the Site.

Kindly note that these Terms of Use contain agreements that oversee the objective of cases between Funky Fish and you. Kindly refer to the Legal Disputes segment for complete subtleties.

Privacy & Security

We’d advise you to check out our Privacy Policy, which is fused into these Terms of Use and additionally administers your use of the Site.

Data security is imperative to Funky Fish. We have set up suitable physical, electronic and administrative shields to shield the data that we gather from or about our clients. Funky Fish does, in any case, hold the privilege consistently to uncover any data as Funky Fish considers important to fulfil any relevant law, guideline, lawful cycle or legislative solicitation.

Changes:

Funky Fish reserves the right, whenever, to change these Terms of Use, our Privacy Policy and additionally the Site. Your utilization of the Site following any such change comprises your consent to follow and be subjected to the Terms of Use as well as Privacy Policy as mentioned. The amended Terms of Use as well as Privacy Policy supersede every past rendition, notification or proclamations with respect to the Site. In the event that we demand, you consent to sign a non-electronic variant of these Terms of Use.

Intellectual Property Rights:

The Site contains significant brand names and administration marks claimed and utilized by Funky Fish, including but not limited to, Funky Fish and the Funky Fish logo (all in all, the “Funky Fish Marks”). Any utilization of the Funky Fish Marks without the earlier written consent of Funky Fish is disallowed. The plan and format of the Site, including however not restricted to, the Funky Fish Marks, pictures, text, designs, images, screen captures, music, downloadable documents, and other substance or material (by and large, the “Website Content”), are the sole and selective property of Funky Fish.

Unapproved COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.

Funky Fish utilizes a system of free item and substance providers, wholesalers, and other such 3rd parties to showcase the items and substances published on the Site. All brand names, administration marks, item names, bundle plans and relevant names or logos related with these items and providers, wholesalers and other such 3rd parties that are not claimed by us, however they may show up on the Site and are the property of their particular proprietors.

User-Generated Content:

Now and again, the Site grants the accommodation of products, for example, comments, sites and item reviews, provided by you and different users (“User Content”).

You are exclusively answerable for your own User Content and the outcomes of posting or distributing it. Any User Content or other material, data or remarks that you submit to or post or distribute on the Site is non-classified and non-exclusive.

By submitting User Content, you consent to and warrant to Funky Fish that:

(i)         your User Content doesn’t abuse any copyright, brand name, proprietary advantage, patent or other licensed innovation right, any privilege of protection or exposure of any 3rd party or any pertinent law, rule or guideline,

(ii)        you possess or have the legitimate option to utilize and approve Funky Fish to utilize your User Content, including written agreement to utilization of any item or the name, similarity or some other appropriate individual privileges of each recognizable individual highlighted or referred to in your User Content and

(iii)      your User Content doesn’t disregard Funky Fish’s Acceptable Use Policy set out underneath.

Between you and Funky Fish, you will hold the entirety of your possession rights in and to your User Content. By submitting User Content to Funky Fish, you thusly award to Funky Fish an unlimited, global, non-elite, permanent, eminence-free, sublicensable (through various levels) and adaptable right and permit to utilize, duplicate, disseminate, alter, adjust, interpret, reformat, produce subsidiary works dependent, in plain view openly, perform freely and in any case use (counting however not restricted to over the Internet, communicated TV or some other uses or media) your User Content, in entire or to some degree, including future rights that Funky Fish (or its replacement) may somehow or another become qualified for that don’t yet exist, just as new uses, media, means and types of usage all through the universe using current or future innovation yet to be created. You additionally thusly award every client of the Site a non-restrictive permit to get to your User Content through the Site and to utilize, access, watch, replicate, disseminate, send, forward, show and perform such User Content in entire or to some degree, to the degree allowed by the Site under these Terms of Use.

Funky Fish doesn’t underwrite any User Content, or any assessment, proposal, or counsel communicated in that. Funky Fish holds the privilege yet isn’t committed to screen User Content or other substance sent to or through the Site. Funky Fish has the privilege to flag, eliminate, alter or erase any User Content and additionally to end any client’s admittance to the Site under any circumstances. Funky Fish assumes no liability for User Content.

Social Media Tag Usage:

BY USING #FUNKYFISH, #FFXME AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THE SITE, EACH USER AGREES TO PROVIDE FUNKY FISH WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSITE, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS.

Acceptable Use Policy:

By submitting User Content and in any case utilizing the Site, you consent not to: (i) present any User Content that is ensured by or in any case subject to any 3rd party protected innovation or restrictive rights (counting any security and exposure rights) except if you possess or have authorization from the legitimate proprietor of such rights to post such User Content and to concede Funky Fish the entirety of the rights allowed in this; (ii) transfer, post, email or in any case send any substance that is unlawful, hurtful, undermining, damaging, pestering, tortious, slanderous, revolting, foul, offensive, disdainful or racially, ethnically or in any case shocking; (iii) utilize the Site to hurt any individual or element, including Funky Fish; (iv) mimic any individual or element, including however not restricted to, an agent of Funky Fish, or dishonestly state or in any case distort your association with an individual or element; (v) manufacture headers or in any case control identifiers so as to camouflage the beginning of any substance sent to or through the Site; (vi) transfer, post, email or in any case communicate any spontaneous or unapproved publicizing, special materials, garbage mail or some other type of requesting; (vii) transfer, post, email or in any case send any substance that contains computer virus or other computer code, documents or projects that intrude on, wreck or cutoff the usefulness of the Site or some other program or equipment or media communications gear; (viii) deliberately or unexpectedly abuse any pertinent nearby, state, public or worldwide laws, rules or guidelines; (ix) gather, store or utilize individual data about different clients of the Site without their consent; (x) utilize the Site (counting through accommodation of User Content) to demonize or make unconfirmed cases about any individual, 3rd party or its/their items or administrations; (y) utilize any of the Site in any way that could overburden or disable any of the Site or the systems or databases associated with the Site; as well as (z) utilize any gadget, programming or instrumentality to meddle with the correct working of the Site or resist any prerequisites, methodology, approaches or guidelines of systems associated with the Site.

You additionally concur that you won’t abuse or endeavor to disregard the security of the Site. Infringement of framework or system security may bring about common or criminal obligation. Funky Fish maintains whatever authority is needed to research events which may include such infringement and may include and help out, law authorization experts in indicting clients who have partaken in such infringement.

Order Acceptance:

The receipt of a request number or an email request affirmation doesn’t establish the acknowledgment of a request or an affirmation of a proposal to sell. Funky Fish holds the right, without earlier notice, to restrict the request amount on anything or potentially to deny assistance to any client. Confirmation of data might be required before the acknowledgment of a request. Costs and accessibility of items on the Site are liable to change without notice. Errors will be revised when found and Funky Fish maintains all authority to disavow any expressed offer and to address any mistake, incorrectness, or exclusion (counting after a request has been submitted). Certain requests comprise ill-advised utilization of the Site. Funky Fish reserves the right, at its sole caution, to cancel or drop any request under any circumstances. Your request may likewise be confined or ended under any conditions, at Funky Fish’s sole credence.

About Our Prices:

Where an item listing on our Site references a higher cost, commonly signified by a strikethrough, such greater cost refers to the retail cost recommended by the maker or provider. Without a cost recommended by the producer or provider, this cost refers to the highest cost at which we offered or sold the item previously.

Links to Other Websites:

The Site may contain links to other sites (“Other Sites”) that are not controlled by Funky Fish. Funky Fish makes no case and acknowledges no duty with respect to the quality, nature or dependability of the Other Site that are available by hyperlinks from the Site or connection to the Site. Funky Fish gives these links to you as a comfort and the consideration of any link does not suggest support by Funky Fish of Other Site or any relationship with the administrators of such Other Site. You are answerable for review and complying with the security explanations and terms of use posted at any 3rd party Site.

Mobile Devices and Mobile Applications:

In the event that you utilize a cell phone to get to pages of the Site enhanced for versatile survey, opt in to get SMS (instant messages) from Funky Fish (as/when accessible), or utilize a portable application, the accompanying extra terms and conditions (“Mobile Terms”) additionally apply. Your access to the Site through your cell phone or utilization of a portable application affirms your consent to these Mobile Terms, just as the remainder of the Terms of Use.

By opting in, you consent to get special SMS instant messages on your cell phone. By consenting to get SMS messages from Funky Fish, you confirm that you are more than 18 years old and (a) you are the original ID holder or (b) you have the ID holder’s authorization to select the assigned cell phone number and can incur any portable message or information charges. You concur that you are exclusively liable for all message and information charges that apply to utilization of your cell phone to get to the Site or utilization of a portable application. All such charges are charged by and payable to your service provider. You understand that remote through Wi-Fi may not be accessible in all territories consistently and might be influenced by item, programming, inclusion, or other assistance changes made by your portable specialist organization or something else. Extra terms and conditions may apply to your utilization of a portable application, in view of the kind of cell phone on which you introduce and utilize the website.

Communication with Funky Fish:

For all correspondences made to or with Funky Fish, including yet not restricted to comments, questions, remarks, proposals and so forth: (i) Funky Fish will have no commitment to shield your interchanges from exposure; (ii) Funky Fish will be allowed to duplicate, use, uncover and disseminate your messages to others without constraint; and (iii) Funky Fish will be allowed to utilize any thoughts, ideas, know-how, substance or methods contained in your exchanges for any reason at all, including, yet not restricted to, the turn of events, creation and showcasing of items and administrations that consolidate such data.

Indemnity:

You consent to repay and hold Funky Fish and its operators and licensors accountable from any case or request, including lawyers’ charges, made by any 3rd party due to or emerging out of (i) your utilization of the Site, including any User Content you submit, post to or communicate through the Site, (ii) your infringement of these Terms of Use or (iii) your infringement of any privileges of another client.

Disclaimer of Warranties:

Funky Fish plans for the data and information contained in the Site to be exact and precise however since the data and information have been ordered from a variety of sources, they are given ‘With no guarantees’ and “AS AVAILABLE”. You explicitly concur that your utilization of the Site and any data contained in that is at your sole discretion. Likewise, to the degree allowed by relevant law, FUNKY FISH EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. A few locales don’t permit the disclaimer of guarantees or conditions so such disclaimers may not concern you.

Limitation on Liability:

IN NO EVENT WILL FUNKY FISH OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF FUNKY FISH HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You thus recognize that the previous restriction on obligation will apply to all items, product and administrations accessible through the Site or different channels. Since certain areas don’t permit the rejection or constraint of risk for weighty or accidental harms, in such cases, obligation is restricted to the furthest reaches allowed by law. Notwithstanding the past sections, if Funky Fish is discovered to be liable, our risk to you or to any 3rd party is restricted to the higher of (a) the sum in contest not more than the aggregate sum which you paid to us in the 12 months preceding the activity resulting to the obligation or (b) INR 10,000.

Legal Disputes:

YOU AND FUNKY FISH AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. DIFFERENT RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Before starting any dispute, the starting party will give the other party in any event 60-days’ serious composed notification of its purpose to petition for mediation. Funky Fish will give such notification by email to your email address on record with Funky Fish and you should give such notification by email to info@thefunkyfish.in.

During such 60-day notice period, the parties will attempt to settle genially by shared conversations any Covered Disputes. Barring such friendly settlement and lapse of the notification time frame, either party may start mediation. The authority will direct any discretion procedures by phone or video conference except if in-person appearances are mentioned by you or Funky Fish and affirmed by the judge. Any in-person appearances will be held at an area commonly settled upon by you and Funky Fish, or, without such understanding, at an area dictated by the authority. The judge will have the ability to give whatever help would be accessible in court under law or in value and any honour of the arbitrator(s) will be conclusive and authoritative on every one of the gatherings and might be entered as a judgment in any court of capable ward. Judge will apply appropriate law and the arrangements of these Terms of Use and the inability to do so will be regarded an overabundance of arbitral position and justification for legal survey. Funky Fish and you concur that any Covered Dispute hereunder will be submitted to assertion on an individual premise as it were. Neither Funky Fish nor you are qualified for judging any Covered Dispute as a class, agent or private lawyer activity and the arbitrator(s) will have no power to continue on a class, delegate or private lawyer general premise. On the off chance that any arrangement of the consent to mediate in this segment is discovered unlawful or unenforceable, the rest of the discretion terms will keep on being completely substantial, authoritative, and enforceable (yet for no situation will there be a class, agent or private lawyer litigation).

Termination:

Your capacity to access and utilize the Site stays in actuality until ended as per these Terms of Use. You concur that Funky Fish, in its sole capacity, may end your record and your utilization of the Site and may eliminate and erase your User Content if Funky Fish accepts that you have abused or acted conflictingly with these Terms of Use or for some other explanation. You concur that any end of your usage of the Site might be influenced without earlier notification and you recognize and concur that Funky Fish may bar any further admittance to the Site. Further, you accept that Funky Fish won’t be subject to you or any 3rd party for any restrictions to the Site.

Right to Access:

YOU MUST BE AT LEAST AGE 13 TO USE THE SITE. By utilizing the Site, you attest that you are over age 13. In the event that you are under age 13, you may not access or utilize the Site.

IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR CHILD’S REGISTRATION WITH AND USE OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER’S USE OF THE SITE.

Outages:

Funky Fish occasionally plans for maintenance for the Site for upkeep and different purposes. Instant maintenance blackouts additionally may happen. You agree that Funky Fish has no obligation and isn’t subject to: (a) the inaccessibility of any of the Site; (b) any loss of information, data or materials brought about by such maintenance blackouts; (c) the resultant postponement, mis-conveyance or non-conveyance of information, data or materials brought about by such maintenance blackouts; or (d) any blackouts brought about by any 3rd parties, including but not limited to any organizations or workers facilitating any of the Site, any Internet specialist co-ops or something else.

Jurisdictional Issues:

The Site is maintained by Funky Fish from its offices in Chennai, Tamil Nadu, India. The Site is meant for clients who reside across the globe. Funky Fish however, makes no portrayals or guarantees that the Site or any materials contained in it is substantial, suitable or accessible for use outside of India. In the event that you access and utilize the Site outside India, you do as such at your own danger and are answerable for consistence with pertinent neighbourhood laws. Funky Fish maintains all authority to restrict the accessibility of the Site as well as the arrangement of any help, program or other item depicted subsequently to any individual, geographic zone or ward, whenever and in our sole tact. Any product on the Site is dependent upon India laws and may not be downloaded or in any case sent out or re-traded.

General Information:

No waiver of any part or any section of this Agreement will establish a waiver of some other part or some other or further break. If any part of this Agreement is resolved to be unlawful or unenforceable, the equalization of the Agreement will keep on being completely substantial, authoritative, and enforceable. These Terms of Use put forward the whole Agreement between you and Funky Fish concerning utilization of the Site and override any earlier arrangements among you and Funky Fish identifying with such topic. The Terms are not assignable, adaptable or sublicensable by you aside from with Funky Fish’ earlier composed consent. No office, organization, joint endeavour, worker business or franchiser-franchisee relationship is proposed or made by these Terms of Use. Any heading, subtitle or segment title contained thus is embedded uniquely as an issue of accommodation and not the slightest bit characterizes or clarifies any area or arrangement in this regard. Funky Fish’ exhibition of these Terms of Use is liable to existing laws and lawful cycle, and nothing contained in these Terms of Use is in criticism of Funky Fish’ entitlement to consent to administrative, court and law authorization solicitations or necessities identifying with your utilization of the Site or data furnished to or assembled by Funky Fish concerning such use. A printed version of these Terms of Use and of any notification given in electronic form will be allowable in legal or authoritative procedures dependent on or identifying with these Terms of Use similarly and subject to similar conditions as different business reports and records initially produced and kept up in printed structure. The gatherings agree that all correspondence identifying with these Terms of Use must be written in the English language.

Violations:

Do report any infringement of these Terms of Use to info@thefunkyfish.in.

Questions?

If you have questions, comments or complaints about these Terms or the Site, kindly reach us at info@thefunkyfish.in (please mention “Inquiries concerning the Site”).
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