Terms and Conditions

Terms and Conditions

This  User Agreement along with Terms Of Service (collectively, the "User  Agreement") forms the terms and conditions for the use of services and  products of Wishbanc Technologies Private Limited ("WTPL").

Any  person ("User") who inquiries about or purchases any products or  services of WTPL through its websites, mobile applications, salespersons,  offices, call centres, branch offices, franchisees, agents etc. (all the  aforesaid platforms collectively referred to as "Sales Channels")  agree to be governed by this User Agreement. The websites and the mobile  applications of WTPL are collectively referred to as 'Website'.

Both  User and WTPL are individually referred to as 'Party' and collectively  referred to as 'Parties' to the User Agreement.

"Terms  of Service" available on WTPL's website details out terms &  conditions applicable on various services or products facilitated by WTPL.  The User should refer to the relevant Terms of Service applicable for the given  product or service as booked by the User. Such Terms of Service are binding  on the User.

Any individual and organisation wanting to make use of Site to post a project/projects (hereinafter referred to as the "Projects") for self or for an organisation he/she represents is referred to as "Employer" or "Companies" as context may demand.

Any individual wanting to make use of Site to apply to Projects listed on Funngro is referred to as "Applicant" or "Applicants" or “Teenlancer” as context may demand.


Content

All  content provided through various Sales Channels, including but not limited to  audio, images, software, text, icons and such similar content  ("Content"), are registered by WTPL and protected under applicable  intellectual property laws. User cannot use this Content for any other  purpose, except as specified herein.

User  agrees to follow all instructions provided by WTPL which will prescribe the  way such User may use the Content.

There  are a number of proprietary logos, service marks and trademarks displayed on  the Website and through other Sales Channels of WTPL, as may be applicable. WTPL  does not grant the User a license, right or authority to utilise such  proprietary logos, service marks, or trademarks in any manner. Any  unauthorised use of the Content, will be in violation of the applicable law.

WTPL  respects the intellectual property rights of others. If you notice any act of  infringement on the Website, you are requested to send us a written notice/  intimation which must include the following information:

·        Clear identification of such copyrighted work  that you claim has been infringed.

·    Location of the material on the Website, including but not limited to the link of the infringing material.

·        The proof that the alleged copyrighted work is  owned by you.

·        Contact information

The aforesaid notices can be sent to WTPL by email at support@funngro.com  

Most Important Terms & Conditions for Companies

These Terms, specifically for Companies, are in addition to the other generic Terms & Conditions listed on the page which are common to all the users of the site and which you are required to go through. Any violation of these Terms may result in, but not limited to, an Employer's Job being declined for publication on Funngro and/or his/her account being permanently blocked and/or appropriate legal action being initiated against him/her by WTPL.

Job Posting T&Cs:

  1. It is your responsibility to ensure that you are authorised to post Projects on your organization's behalf. Any dispute or legal claim arising out of unauthorized posting would be solely your liability and you indemnify Funngro and WTPL of any and all possible consequences of such actions.
  2. If you upload your organization's logo while posting your Job or creating/updating your company profile, you are authorizing Funngro to display it on our website along with the Job post or in the list of our clients. It is your responsibility to ensure that you are duly authorised to share your organization logo with 3rd parties and allow them to use it.
  3. Funngro reserves the right to publish the Job post of Companies on its social media handles and job board partners like LinkedIn, Indeed etc., and in newspapers in order to increase the visibility of the Job post.
  4. You must provide accurate and complete details about the organisation and the Job. Any act of misinformation or hiding material information would result in your account being permanently blocked or any other suitable action as deemed fit by WTPL.
  5. You may be asked for documents in the name of your company for our first-time user authentication process. This information will only be used for authentication purposes and will not be used anywhere else in any form.

Funngro does NOT allow:

  1. Unpaid projects, except for NGOs/NPOs & some niche profiles (Law, Experimental Physics, Library Science, and the likes).
  2. Training program and any such program where Applicants are expected to pay a security deposit or an admission fee. To charge money in any form (including test fee, security deposit, documentation fee etc.) from the Applicants for offering a Job is strictly prohibited.
  3. Modelling Projects from lesser known companies.
  4. Any Job where there is a possibility of an Applicant consuming alcohol or smoking or inducing others to do so, as the majority of our users are underage.
  5. Individuals or organisations promoting explicit religious content, a particular religious personality or a sect etc. are not allowed to post Projects on Funngro.
  6. Businesses promoting or dealing in gambling, porn, and other prohibited/illegal/age inappropriate activities.
  7. Third party Job posting. You can post Projects only for the organisation that you directly work for. Recruiting agencies or any third party agencies are not authorised to post Projects on their clients' behalf.

Hiring T&Cs:

  1. It is your responsibility to ensure that there is no material difference between the Job details that are advertised on Funngro and the details that are communicated to Applicants later in the selection process (pre-interview, in offer letter etc.). Any ‘negative' material difference (such as offered fees being lower than what was advertised) will result in suitable action being taken by WTPL against you.
  2. Any assignment(s) that you may give to Applicants to assess their suitability for the Job should be fair and relevant to the Job profile. Any attempt to get work done for free from Applicants disguised as assessment or to get them to download or generate downloads for your app or get likes/shares/comments etc. for your social media handles only for the purpose of getting free publicity disguised as an assignment are strictly prohibited and would invite suitable actions against you.
  3. All your communications with Applicants (through Funngro Chat or otherwise) should be professional and must not contain any obscene or offensive content.
  4. Once you hire any Applicant(s) for your Job, you must provide them with an offer letter clearly detailing all the important details of the Job (such as role & responsibilities, remuneration, and payment mechanism) and complete address and contact details of your organisation.
  5. You must pay the promised remuneration to the selected Applicants in a timely manner as per agreed terms and conditions in the offer letter. Non payment of the remuneration or delayed payment of the remuneration is strictly prohibited and would invite suitable action against you.
  6. You must respond within 72 working hours to any Applicant complaints regarding your Job that we may bring to your notice. Failure to do so may result in a temporary or permanent suspension of your Funngro account depending on the nature of the complaint.
  7. If you come across any suspicious activity, content or behaviour on Funngro by an Applicant or another user, you must report it to Funngro immediately so that necessary actions can be taken.
  8. While we put our best efforts to reach out to the best talent available in the country, posting your Job on Funngro does not guarantee hiring.

Applicant data usage T&Cs:

  1. You can use the Applicants' data that you receive for your Job solely for the purpose of hiring. Any attempt to send any other communication (promotional content for example) to the Applicants or any other usage of the data is strictly prohibited.
  2. You are strictly prohibited from transferring/selling/sharing Applicants' data, for free or for a fee, to any other entity. Any such attempt would result in your account on Funngro being permanently blocked and would be liable for legal action against you and your organisation.

Payment & refund T&Cs:

  1. Payments for the services offered by Funngro shall be on a 100% advance basis.
  2. WTPL offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Companies card/bank accounts.

Most Important Terms & Conditions for Applicants

These Terms, specifically for Applicants, are in addition to the other generic Terms & Conditions listed on the page which are common to all the users of the site and which you are required to go through. Any violation of these T&Cs may result in, but not limited to, an applicant's Job application being declined and/or his/her account being permanently blocked and/or suitable legal action being initiated against him/her by WTPL.

  1. If you have applied for a Job on Funngro and receive a communication from Funngro or Employer regarding your application, you must respond to it with-in 72 hours.
  2. Once you accept a Job offer, you must make every possible effort to join and start the Job on time. To not show up or to decline an earlier accepted Job offer at the last moment, or to go incommunicado creates a very poor impression of you in front of the Employer and reduces the credibility of the Applicant community at large. Any such behaviour will not only result in your account being blocked on Funngro but we will also report it to your college administration wherever applicable.
  3. You must provide accurate and complete information at the time of Job application or creating an account on Funngro – any misrepresentation of information, or hiding of material information, or impersonation would result in your account being blocked on the site and you being reported to your college administration wherever applicable.
  4. You must pay attention to a Job's complete details (profile, location, remuneration, skills required, etc.) before applying for it. Irrelevant applications will result in your account being penalized (we may stop you from applying to future Projects or block your account all together)
  5. You are strictly prohibited from transferring/selling/sharing Companies' data (contact details etc.), for free or for a fee, with any other entity. Any such attempt would result in your account on Funngro being permanently blocked and would be liable for legal action against you.
  6. Funngro community is a community of sincere users who are known for and are expected to demonstrate high standards of professionalism in their dealings with other users and Companies – you are required to maintain these standards and decorum of the community. All your communications with other users of Funngro (through Funngro Chat or otherwise) should be professional and must not contain any obscene or offensive content.
  7. You agree to have gone through the ‘Safety Tips for Applicants' section of these Terms and have understood the same.
  8. While it is our endeavour to provide you with accurate and reliable Job information; it is always possible for an error to occur. Hence, you must conduct your own due diligence and research about an employer or organisation before starting a Job and take full responsibility for the same. You further agree to have read and understood the ‘Disclaimers' section of these Terms and explicitly and specifically agree to it.
  9. If you come across any suspicious activity, content or behaviour on Funngro by an Employer or another user, you must report it to Funngro immediately so that necessary actions can be taken – this is both your duty and obligation.
  10. While we make our best efforts to bring you the best Job opportunities possible, Funngro does not guarantee a Job to a student.
  11. Upon registration, your registered email id and phone number will be automatically subscribed to receive email and SMS notifications from Funngro. You may opt out of it anytime. 

Further, it is mandatory for Companies to ensure that :

  1. Project details communicated to Applicants at any stage are the same as advertised on Funngro and there is no negative material difference (Ex. - offering lower or no project fees than what was advertised on Funngro).
  2. Any assignment(s) that they may give to Applicants to assess their suitability for the Job should be fair and relevant to the Job profile. Any attempt to get work done for free from Applicants disguised as assessment or to get them to download or generate downloads for an app or get likes/shares/comments etc. for Employer's social media handles only for the purpose of getting free publicity disguised as an assignment are strictly prohibited.
  3. All their communications with Applicants (through Funngro Chat or otherwise) are professional and must not contain any obscene or offensive content.
  4. Once they hire any Applicant(s) for their Job, they must provide them with an offer letter clearly detailing all the important details of the Job (such as role & responsibilities, remuneration, and payment mechanism) and complete address and contact details of Employer.
  5. They pay the promised remuneration to the selected Applicant(s) in a timely manner as per agreed terms and conditions of the Job as detailed in the offer letter.


Website Use
User shall not distribute, exchange, modify, sell or transmit anything from theWebsite, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.

The User Agreement grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in this User Agreement. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever.

Access to certain features of the Website may only be available to registeredUser(s). The process of registration may require the User to answer certain questions or provide certain information that may or may not be personal in nature. Some such fields may be mandatory or optional. User represents and warrants that all information supplied to WTPL is true and accurate.

WTPL reserves the right, in its sole discretion, to terminate the access to theWebsite and the services offered on the same or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever.

WTPL will always make its best endeavours to ensure that the content on its websites or other sales channels are free of any virus or such other malwares. However, any data or information downloaded or otherwise obtained through the use of theWebsite or any other Sales Channel is done entirely at the User's own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information.

WTPL reserves the right to periodically make improvements or changes in itsWebsite at any time without any prior notice to the User. User(s) are requested to report any content on the Website which is deemed to be unlawful, objectionable, libellous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law to support@funngro.com. On receiving such a report, WTPL reserves the right to investigate and/or take such action as the Company may deem appropriate.

CARD USAGE and Policies

REFUNDS

Funngro will assess each and every claim and based on the genuineness of the claim & on best effort basis will initiate a refund. Funngro’s decision shall be conclusive & binding.

Refunds in case of failed/ returned/ rejected/ cancelled transactions will be applied to your Wallet, to the extent that the payment was made initially by a debit to the Wallet.

If you wish to receive a refund on an amount that has been debited from your Wallet on some any other ground, please email us at hello@funngro.com and explain the circumstances and your reason for the request.

We will try to respond to your refund requests at the earliest. However, we will not be responsible for any delays which are outside our control or are due to third parties such as merchants who we rely on to process your refund requests. Please note that we (Funngro/FINO PAYMENT BANK) do not undertake any liability for the processing of the refund requests.

Funngro will not be able to initiate any refund (s) from the Merchants if the payment has been made from Funngro account in case of account deletion and Funngro will not entertain any request (s) in this regard whatsoever.

CHARGEBACKS

We reserve the right to review your account and transaction history pursuant to a chargeback request, in order to determine the veracity of a chargeback request, including determining the occurrence of any fraud. If we have any reason to believe that there has been a fraudulent activity on your Wallet, we reserve the right to terminate, block or suspend your Wallet with immediate effect. You shall have no claims against us in this regard. Chargebacks herein means a charge that is returned to a payment after a customer successfully disputes an item on their account statement or transactions report.

ACCOUNT BALANCES

You must have money in your Wallet to be able to send or spend it. Unfortunately, if you don’t, we will have to stop that transaction from going through. You cannot have a negative balance in your Account or incur overdrafts either.

SUSPICIOUS ACTIVITY/FRAUDULENT TRANSACTIONS

In an effort to manage our risk, we may monitor your transactions and processing activity for high-risk practices or for fraudulent transactions. We may also engage third-party service providers to assist in these efforts and other elements of the Service. If we believe there is suspicious or unusual activity, we may: a. temporarily or permanently suspend your access to the Service or to our Systems. b. temporarily or permanently block your device. c. temporarily or permanently block you from creating an account. d. temporarily or permanently block certain features in Funngro App. e. set up a daily/weekly/monthly limit on the transaction amount.

Further, Funngro in compliance with applicable laws follows different protocols & procedures regarding Suspicious/Fraudulent transactions therefore determination of the suspicious or fraudulent transaction shall be at Funngro’s sole & absolute discretion and Funngro’s decision shall be conclusive & binding.

FEES

We may charge a fee for providing our Services, which we will convey to you through the Platform, (including any periodic revisions). For instance, we may charge you a fee for availing features of your Wallet or using the Physical Card. Rest assured that we will let you know before charging you anything.

TERMINATION

We may terminate the Services we provide at any time, for any reason, and without advance notice. This means we can stop providing you with any Services, or impose new or additional limits without notifying you. However, we will always notify you when the law requires us to update you regarding any changes.


INDEMNITY

The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damage whatsoever arising from or resulting from their use of www.funngro.com or their breach of the terms.

LIABILITY

User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for the cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorised access to or/and alteration of user’s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.

User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruptions/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.

User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company’s total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

In no event shall Company or any parties, organisations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website Material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organisation or entities were advised of the possibility of such damages.