TERMS AND CONDITIONS

This page sets out the terms and conditions which govern your use of the website www.whirlwindfund.com and associated services (“Services”). By using this Site and/or Services, you accept these Terms and you agree to abide by them.

Please read these Terms carefully before using the Website and/or Services. You expressly acknowledge that you have been advised of these Terms upon entering the Site and have had access to the same. Consequently, by using the Website, you signify your assent and agreement to these Terms. If you do not agree to these Terms, then you are not authorised to continue use of the Website and/or Services.

In addition, please review the Website’s Privacy Policy . By using the Website, you acknowledge and accept the Website’s Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy.

OUR PURPOSE

[Whirlwind Fund is a brand of Black Linus Studios International LLP. Whirlwind Fund is an early stage fund commissioned with the sole aim of identifying business ideas that have the potential to grow into great businesses.

In order to give opportunity to anybody with a sound business plan, not concerned with if that person comes from a business lineage, their academic qualifications, their ‘idea pitching capacity’, the place they come from, whether they are old or young, whirlwind fund will only look into the merit of your business idea and your ability to transform your ideas into a great business. Anyone from anywhere can register and submit their business idea. We deliberate on the viability of the submissions and pick up to ten ideas and fund them.

This platform is meant for genuine business ideas and applicants who are serious about their business. Whirlwind fund charges registration fee for each application.

Anyone from anywhere can apply. Each user who has created a profile with a verified email id can submit up to ten business ideas. The applicants should be of legal age to do business in their respective countries. Parents or legal guardians should fill minor’s application. Registering and submitting applications after paying the registration fee does not guarantee that your business idea will be selected for funding. Funding or not funding any business idea will solely be the decision and right of Whirlwind Fund. This is not a contest. This is our method of searching for a sound business idea that we may invest in. We may select up to 10 business ideas with merit to fund. Each selected business idea will be funded up to $200000. The structure of funding will be worked out with the selected business idea applicant.]

APPLICATION

Applicants will have a 13 (thirteen)-week window for submission of their business plan effective from 01 December 2015 to 29 February 2016. The last date for submission of the business plan is 29 February 2016 (“submission date”).

The business ideas selected by us will be announced within [60] days from the submission date on our website and through email notifications.

ACCESS AND USE

Whilst we try to ensure that access to the Website will always be available, we may from time to time temporarily restrict or block access to, or use, all or part of the website without notice. We do not represent or warrant that the Website will be available and that access will be uninterrupted, without delays, failures, errors, loss of transmitted information and will not cause damage to any property, or otherwise minimise or eliminate the inherent risks of the internet including but not limited to loss of data, computer virus infection, spyware, malicious software, trojans and worms including any material used or downloaded from the website.

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Website or any part of it, with or without notice, at any time. Any of the material on this Website may be out of date at any given time, and we are under no obligation to update such material nor shall we be liable for any losses/damages incurred by you on relying upon such information.

You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuation of this Website.

The user is responsible for making all arrangements necessary for access to the Website and shall also be responsible for ensuring that all persons who access this Website through your registered account with us are aware of these terms, and that they comply with these Terms.

We will process your data/information in accordance with the Privacy Policy which can be viewed at www.whirlwindfund.com. By using this Website, you consent to your data/information being processed by us.

You warrant that all data/information provided by you is accurate and that you have authorization from all any relevant third parties to disseminate such data/information.

You shall under no circumstance misuse this Website by spreading viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful (together “Viruses”). You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to this Website. In the event of a breach of the Terms by you, we shall at our sole discretion cease your access to the Website immediately.

Where this Website links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

You are responsible for making all arrangements necessary for you to have access to this Website. You are also responsible for ensuring that all persons who access this Site through your registered account are aware of these terms, and that they comply with them.

FEES AND CHARGES

A one-time registration fee of $. 25/- (United States Of America Dollar Twenty Five Only) shall be payable by all interested entrepreneurs at the time of registration. The fee shall be no non-refundable.
IT IS HEREBY EXPRESSLY CLARIFIED THAT THE PAYMENT OF THE REGISTRATION FEE IS SOLELY FOR THE REGISTRATION OF THE USER FOR THE WEBSITE AND SHALL NOT GUARANTEE ANY INVESTMENT BY US .

ENTREPRENEUR TERMS

As an entrepreneur seeking to use our Website and/or Services to raise funds for your business you represent and warrant that:

• You are seeking funds for an appropriately structured or incorporated business carrying out legal and appropriate business activities in line with the information provided via our Website and/or Services.
• You shall provide fair, full and accurate information and forecasts relating to the business seeking funding, its activities to date and its anticipated future activities that is not in any way misleading.
• You have all necessary and appropriate authorisations to raise investment funds for the business seeking funding.
• Pay all fees and charges, as set out on the [Advantages-process of this Website and agreed with us upon formal sign-up in a timely manner in line with the [Whirlwind Fund] Pitch Terms and the fees listed on the [Advantages-process explained] section of this Website..

You acknowledge and agree that:

• We shall at our sole discretion decide on which business plan to invest in and once such decision is made, we shall execute a separate definitive agreement to incorporate mutually agreeable terms of investment.
• We may modify, alter or amend the Terms herein with or without notice to you. You shall make yourself aware of all such changes to the Terms.
• In course of analyzing a potential investment, we may conduct due diligence, investigations and background verifications of you/ your company or business to authenticate information provided by you. You shall always cooperate with us in this regard.

TERMS OF INVESTMENT

At our sole discretion, you may be awarded an investment of up to USD 2, 00,000.

Once the investment has been proposed to be awarded to you, we shall on mutually agreeable terms enter into a definitive investment agreement (“Agreement”) detailing the terms of investment.

Any investment made in furtherance to the Agreement shall always be subject to applicable laws and regulations.

You agree and acknowledge that where we are barred by law to provide an investment to you, we shall not be liable to you for any losses/damages incurred by you owing to such a restriction. Further you shall not be entitled to a refund of your subscription fee.

CONFIDENTIALITY

“Confidentiality Information” in relation to a user of the Website, shall mean and include, information shared in connection with the Purpose including but not limited to:

• Information about costs, financials, profits, business plans, strategies, markets, sales, contracts, employees, clients, customers, vendors and distributors of the Disclosing Party;
• Information pertaining to any product(s), processes, plans, ideas, etc.
• Any other specific material, which the Disclosing Party designates or considers as confidential;and

Confidential Information shall not include the following:

• Information, which is or becomes publicly known through no fault of the Receiving Party; and/or
• Information which is disclosed to the extent required by any applicable law, regulation or court in order to ensure compliance with such laws/regulations. Provided however, the Receiving Party shall notify the Disclosing Party in writing, promptly after becoming aware of its obligations to make such a disclosure, and shall assist the Disclosing Party to seek to challenge or limit such disclosure required to be made by Receiving Party.

We agree and undertake not to use the Confidential Information for our own account or purposes, or for the purposes of any third party, except in the process of and to the extent required for the Purpose. We confirm and agree not to disclose any Confidential Information except on a need-to-know basis and to only to such others who are required to have the information in order to evaluate or engage in the transactions contemplated herein.

Website Disclaimer :

The information contained in this website is for general information purposes only. The information is provided by www.whirlwindfund.com, a property of Black Linus Studios International LLP. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Black Linus Studios International LLP. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Black Linus Studios International LLP takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
These Terms any dispute arising out of it shall be governed in accordance with the laws of India and the courts of Bangalore, India shall have exclusive jurisdiction.