Terms of use

Policy Agreement

These “Terms of Use” govern your use of the websites, content and all communication services offered through www.melbornefinance.com or Melborne Finance (“Site”). You (the user) agree to access "the site", subject to the terms and conditions of use as set out here.
Melborne Finance may add to or change or update these Terms of Use, from time to time entirely at the its own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of a Site after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.

Melborne Finance reserves the right to suspend / cancel, or discontinue any or all services offered at any time without notice, make modifications and alterations in any or all of the content and services contained on the site without prior notice. Such changes will be posted to www.melbornefinance.com for your reference and convenience so as to enable you to understand your responsibility as a user.

Subscription and “success fees”

Melborne Finance reserves the right to charge subscription and / or membership fees from a user, by giving reasonable prior notice, in respect of any service or any other aspect of this Site. The Investee here by agrees to enter into an agreement with Melborne Finance to identify a suitable investor and also to pay agreed “success fees”.

Copyright and Trademarks

Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of Melborne Finance, its parent, clients, vendors, affiliates and associates and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Melborne Finance. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

Melborne Finance grants you permission to only access and make personal use of the Site and you agree not to download or modify/alter/change/amend/vary/transform/revise Melborne Finance Site, or any portion of it, except with the express consent of Melborne Finance. You are permitted to print or download extracts from these pages for your personal, non-commercial use only. Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use.

Melborne Finance forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any proposal listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant; or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site.

No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission. Requests to republish Melborne Finance material for distribution should be addressed to Melborne Finance Syndication Services at E-Mail – info@melbornefinance.com

To access the services, you will be asked to enter your individual User Name and Password, as chosen by you during your registration. Therefore, we do not permit any of the following:-

•   Any other person sharing your account and Password;
•   Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with Melborne Finance as users of the Site; or or
•   Access through a single account and Password being made available to multiple users on a network.

If Melborne Finance reasonably believes that an account and Password is being misused in any manner, Melborne Finance shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.

Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Melborne Finance immediately of any unauthorized use of your account or any other breach of security. Melborne Finance will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable for losses incurred by Melborne Finance or another party due to someone else using your account or password.

No unlawful or prohibited use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Melborne Finance server, or the network(s) connected to any Melborne Finance server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, and computer systems or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

Material Posted/transmitted at Melborne Finance Site

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly or privately transmitted / posted, is the sole responsibility of the person from where such content is originated (the Originator). By Posting any material which contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of limitation, the distribution, public display and reproduction of such Images.

You represent that you have valid rights and title in any and all Content/Images that you submit on the Site, that you have not infringed on any IPR belonging to any party and further that you will indemnify Melborne Finance or its affiliates for all claims arising out of any content that you post on the Site.

Melborne Finance accepts no responsibility for the said Content / Images. However, you understand that all Content / Images posted by you becomes the property of Melborne Finance and you agree to grant/assign to Melborne Finance and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world”.

Limitations of Liabilities

Melborne Finance merely endeavors to provide a platform where you (Investee) and other party (Investor) will be brought in to contact with each other, exchange information relevant to funding on such terms and in the manner mutually agreed between you and the other party. Melborne Finance does act as a facilitator or advisor in executing the actual transactions between the Investees and Investors. Both of you will be entirely responsible for concluding the transactions Melborne Finance endeavors to ensure that the both of you come to a common understanding on the funding and its process. Melborne Finance will not be liable for any loss, if any, that you may incur, while concluding the funding activity.
Under No circumstances will Melborne Finance be held responsible or liable, in any way, for any content which in Legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the Site, or any infringement of another's rights, including intellectual property rights. You specifically agree that Melborne Finance is not responsible for any content sent using and/or included in Melborne Finance site/service by any third party.

Termination of Account

Melborne Finance reserves its right to refuse service, restrict, suspend, terminate your account; (Terminate this Agreement; Terminate or suspend your access to the Melborne Finance Web Sites; Refuse, move or remove for any reason any Content / Image that you submit on or through the Services; Refuse, move, or remove any Content / Image that is available on or through the Services; Deactivate or delete your accounts and all related information and files in your account; Establish general practices and limits concerning use of the Services) at any time and, remove or edit contents or cancel orders (entered by you) in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms of Use. Upon such termination or suspension, your right to use the Melborne Finance Web Sites will immediately cease.

You can also terminate your account at any time but your information may remain stored in archive on our servers even after the deletion or the termination of your account.

User Conduct and Obligations

You agree to follow all applicable laws and regulations when using this website. You agree to not use any product or the service available on a Site to:

a)   Upload, post, email, transmit or otherwise make available any content that is unlawful, illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another\'s privacy, hateful, or racially, ethnically or otherwise objectionable. This includes text, graphics, video, programs or audio.
b)   Upload, post, email, transmit or otherwise make available any viruses, Trojan horses, time bombs, or any other harmful programs or elements.
c)   Harm minors in any way
d)   Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet as those terms are commonly understood and used on the Internet
e)   Impersonate any person or entity, including, but not limited to, Melborne Finance official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
f)   Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
g)   Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks
h)   Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
i)   Upload, post, email, transmit or otherwise make available any content with the intention of committing or promoting an illegal act.
j)   Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, privacy rights, rights of publicity, or other proprietary rights ("Rights") of any party.
k)   Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," duplicative messages or any other form of solicitation.

No Controlling Spam Policy or Unsolicited E-mails

You will not use any communication tool or other means available on the Site to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). Melborne Finance will not sell, lease or rent its e-mail subscriber lists to third parties. You may not harvest information about users of Melborne Finance for the purpose of sending or to facilitate the sending of unsolicited bulk communications. We may terminate your access or use of the Site immediately, with or without any notice, and take any other legal action if you, or anyone using your access details to the Site, violates these terms. We may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communication networks. Such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Melborne Finance Web Sites.

Links to Other Sites

Certain links on the Site lead to resources located on servers maintained by third parties, these sites of third party(s) may contain Melborne Finance-logo; please understand that it is independent from Melborne Finance, over whom Melborne Finance has no control or connection, business or otherwise as these sites are external to Melborne Finance. You agree and understand that by visiting such sites you are beyond the Melborne Finance website. Melborne Finance , therefore neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these site(s), as the same is provided on "as is" without warranty of any kind. Melborne Finance gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error free. Melborne Finance shall not be responsible or liable for any consequential damages arising on account of you’re relying on the contents of the advertisement. Before relying on the material, users should independently verify its relevance for their purposes, and should obtain any appropriate professional advice.

Material Submitted by Users

Certain elements of the Site will contain material submitted by users. Melborne Finance accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold harmless Melborne Finance against all third party claims, demands and actions brought against Melborne Finance which arises from or relates to the material submitted by you.

Advertising Material

Part of the Site contains advertising information or promotion material or other material submitted to Melborne Finance by third parties. Responsibility for ensuring that material submitted for inclusion on Site complies with applicable International and National law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Melborne Finance found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Melborne Finance will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Melborne Finance advertisers on the Website. Melborne Finance reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to these terms and conditions.

Data Protection

Melborne Finance may send information and offer products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy statement. Notwithstanding the foregoing, Melborne Finance reserves the right to disclose any information in response to / that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to Melborne Finance.

Further, Melborne Finance can (and you authorize Melborne Finance to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property rights owners, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.

Relationship

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Melborne Finance and you shall have no authority to bind Melborne Finance in any manner, whatsoever.

Force Majeure

Melborne Finance shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.

Indian Law

The Agreement shall be governed by the Laws of India. The Courts of law at Bangalore, Karnataka, India, shall have exclusive jurisdiction over any disputes arising under this agreement.

Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Right to remove inappropriate messages

We reserve the right to remove any messages we deem to be inappropriate, i.e., racist, sexist or threatening. Messages using inappropriate language will also be removed. We do not wish to be censors, but our forums must remain civilized and respect the rights of others.

Limited time to bring your claim

You and Melborne Finance agree that any cause of action arising out of or related to the Melborne Finance web sites, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.

Acceptance of Privacy Policy
By using Melborne Finance sites and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of Melborne Finance sites. We reserve the right, to modify this Privacy Statement at any time.

General Terms

Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.

If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

Notice of Copyright Infringement

Melborne Finance is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

a)   A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
b)   Identification of the copyrighted work claimed to have been infringed.
c)   Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
d)   The address, telephone number or e-mail address of the complaining party.
e)   A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
f)   A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

All notices of copyright infringement should be sent to:
info@melbornefinance.com

Melborne Finance,
#761, II Floor, 13th Main, 50th Cross,
III Block, Rajaji Nagar,
Bengaluru – 560010.
Karnataka
India

Copyright © 2010 Melborne Finance. All rights reserved.
These disclaimer/terms of service notification are subject to change without notice.