FAIRWINDS
Terms and Conditions

TERMS AND CONDITIONS

Fairwinds Private Equity

Fairwinds Private Equity is providing this website as an information service to its investors, companies and visitors. By using the site or copying materials from the site, you agree to abide by the terms and conditions set forth herein. If you do not agree to abide by these terms and conditions, do not use this website or review, refer, copy or download materials from the website. Please note that it is your responsibility to be aware of, and to observe, all applicable laws and regulations of any relevant jurisdiction.

Under no circumstances should any material at this site be used or considered as an offer to buy or sell or solicitation of an offer to buy any product including securities, interest in any investment fund, etc. or the rendering or supplying of service. Nothing on this site constitutes financial, investment, tax, legal or other advice nor does any information on this site constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. No action should be taken or omitted to be taken in reliance upon information on this site. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstances. The material on this website does not constitute, and may not be used in connection with, an offer or solicitation by anyone in any jurisdiction in which such offer or solicitation is not permitted by law or in which the person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make such offer or solicitation. Subject to the relevant laws for the time being in force, any such offer or solicitation shall be made only by means of a confidential private memorandum relating to any particular fund. Access to information about the funds is limited to investors who, among other requirements, may be entitled to such information under the relevant laws for the time being in force, or those investors who generally are sophisticated in financial matters, such that they are capable of evaluating the merits and risks of prospective investments.

Information on Website
Fairwinds Private Equity does not warrant the accuracy, currency or completeness of the information or the reliability of any advice, opinion, statement or other materials displayed on, or distributed through, this website. The information set forth in this website may contain inaccuracies and typographical errors. By using this website or any of its contents you acknowledge that any reliance on any such opinion, advice, statement, memorandum or materials shall be at your sole risk.

This website and the information and materials on this website are provided on an "as is" basis without any warranty of any kind whatsoever. Fairwinds Private Equity specifically disclaims any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement or fitness for any particular purpose or use, title and non-infringement.

This website is not directed to any person in any jurisdiction where (by reason of that person's nationality, residence or otherwise) the publication or availability of this website is prohibited by any law. This website is not intended for any use that would be contrary to local law or regulation. Products or services mentioned on this website are subject to legal and regulatory requirements in applicable jurisdictions and may not be available in all jurisdictions. Accordingly persons are required to inform themselves of and observe such laws as are in force in their states.

Member account, password, and security
Use of some of the services on this website may require you to register yourself as a registered user and for this purpose you must complete the registration process by providing us with current, complete and accurate information and accepting the terms and conditions as may be applicable and required on this website for registration / creation of your account. You may also be required to choose a password and a user name for this purpose. You are entirely responsible for maintaining the confidentiality of your user name and/or password and your account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Fairwinds Private Equity immediately of any unauthorized use of your account or any other breach of security. Fairwinds Private Equity shall not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, in the event Fairwinds Private Equity or any other party incurs any liability as a result of your account or password being used / misused by any one, you may be held liable for such losses. You may not use anyone else's account at any time, without the express consent of the account holder.

Information Provided By You
Please do not send Fairwinds Private Equity anything that constitutes a trade secret or confidential and proprietary information. We are not in a position to accept such information, nor can we agree to any obligations of nondisclosure or confidentiality with regard to submitted plans or ideas. You agree that any information or materials that you, or individuals acting on your behalf, provide to Fairwinds Private Equity will not be considered confidential or proprietary. We may receive a large number of business plans, and we reserve the right to review only those plans that we believe fit our criteria for investment. We also reserve the right to reject plans in our sole and absolute discretion, and we are under no obligation to return any materials to the sender or assign any reason for such rejection. We expect to receive many similar plans and ideas. Therefore, you understand that your idea may already have been submitted to us or be under consideration by us. We are not limited or restricted in any way from pursuing opportunities with others.

No unlawful or prohibited use
As a condition of your use of this website, you will not use this website or any part thereof for any purpose that is illegal, unlawful or prohibited by the terms and conditions set forth herein or which in any manner contravenes the law governing the use of this website. You may not use the website or any part thereof in any manner that could damage, disable, overburden, or impair any or interfere with any other party's use and enjoyment of any Content (as defined in the Copyright and Trademark Policy). You shall not attempt to gain unauthorized access to any content, material, computer systems or networks through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through this website.

By way of example, and not limited to the instances hereunder, you agree that when using this website, you shall not use this website or any part thereof:

  • In connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents required to do the same.
  • Use any material or information, including images or photographs, which are made available through this website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software, malware or programs that may damage the operation of another's computer or property of another.
  • Advertise or offer to sell or buy any goods and/ or procure or render any services for any purpose.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from accessing this website or using the Content.
  • Harvest or otherwise collect information about others, including e-mail addresses, telephone numbers, etc.
  • Violate any applicable laws or regulations.
  • Act in any manner that is offensive, immoral, against public morality or public policy.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of this website or other user or usage information or any portion thereof.

Privacy and protection of personal / other information
You use of this website will be subject to our Privacy Policy relating to the collection and use of your information. See the statement on Copyright and Trademark Policy.

Limitations of Damages
In no event shall Fairwinds Private Equity or any of its officers, employees, representatives, associates or affiliates be liable to you or any person or entity for any direct, indirect, special, consequential, multiple, punitive or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the information, content, materials, and functions of this website or any linked website, even if we are expressly advised of the possibility of such damages.

Third-Party Sites
As a convenience to you, Fairwinds Private Equity may provide on this website, links to websites operated by other entities. If you use these sites, you will leave this website. If you decide to visit any linked site, you do so at your own risk. In addition, third-party sites may be linked to this site, with or without our consent. Fairwinds Private Equity makes no warranty or representation regarding, does not endorse, and does not accept any responsibility for, any websites linked to or from this website or the information appearing thereon or any of the products or services described thereon. Such links do not imply that Fairwinds Private Equity endorses, is affiliated or associated with, the owner of such linked websites or that Fairwinds Private Equity is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Fairwinds Private Equity or any of its affiliates. This website makes no warranty that the contents of this website are free from infection by viruses or anything else, which has contaminating or destructive properties. Certain links on this website may lead to resources located on servers maintained by third parties over whom this website has no control. The website accepts no responsibility or liability for any of the material contained on those servers.

Changes
Fairwinds Private Equity reserves the right, at its sole discretion, to change, modify, add or remove any portion of this website or these terms, in whole or in part, at any time. Changes will be effective when posted and your continued use of this website after any changes are posted will be considered as acceptance of those changes.

Fairwinds Private Equity may also terminate, suspend or discontinue any aspect of this website, including the availability of any features of this website, at any time. We may also impose limits on certain features and services or restrict your access to this website or any part hereof at any time without any notice or liability.

Indemnification and Release
By accessing this website, you agree to indemnify Fairwinds Private Equity, and the associated asset management companies/trustee companies or venture capital funds (and their schemes) and any of their parents, subsidiary or affiliated entities, and their respective partners, stockholders, members, managers, officers, directors, employees, associates and agents, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of this website. In addition, you hereby release Fairwinds Private Equity and any parent, subsidiary or affiliated entities, and their respective partners, stockholders, members, managers, officers, directors, employees, associates and agents, from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes. You hereby agree to waive all laws that may limit the efficacy of such releases. This indemnification and release obligations will survive these terms and your use of our websites.

Miscellaneous
The terms and conditions set forth herein constitute the entire agreement between Fairwinds Private Equity and you with respect to your use of this website and the same shall be governed by the laws of India and the courts of Mumbai shall have the exclusive jurisdiction. Any disputes or differences arising out of or in connection with these Terms of Use shall be referred to and finally resolved by arbitration of a sole arbitrator in accordance with the provisions of the (Indian) Arbitration and Conciliation Act, 1996. Arbitration proceedings shall be held in Mumbai (India) and shall be conducted in the English language. Any legal action, including such arbitration proceedings, concerning these terms or this website must be brought within one year after the claim or cause of action first arises failing which you would deemed to have waived your right to such claim/ legal action.

If for any reason a court of competent jurisdiction finds any provision hereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms, and the remainder shall continue in full force and effect.

Any rights not expressly granted herein are reserved.

Copyright notice
© 2009 Fairwinds Private Equity
If you have any questions about the terms of use of this website you can contact us at amrita.sabnavis@fairwinds.in