THE USE OF THE WEBSITE BY THE USER SHALL MEAN THAT HE/SHE AGREES WITH THE
FOLLOWING TERMS OF SERVICE
M-fins.in.com (hereinafter referred to as the “Site” or “M-fins.in”) provides
its users an b2b ecommerce system by use of its on demand (web based) software.
M-fins.in is a website owned by Mos financial services Pvt. Ltd. a
company incorporated in mumbai, India. While using the facilities or services
provided by the “Site” or through any other website connected/ linked through
this “Site”, you shall be bound by these Terms of Service (hereinafter referred
to as the “Agreement”) as specified herein.
Before using the services rendered by M-fins.in through this website, you are
requested to read and understand the Terms of Service specified herein. You
accept and understand that M-fins.in shall have the absolute right to amend
these Terms at any point of time unilaterally with or without any notice. You
are required to read and understand the existing Terms of Service every time
before using the services offered by M-fins.in.
Lack of knowledge related to any Terms or the amendments effected to the Terms
from time to time may not absolve you from any of your liabilities under the
Terms of Service. M-fins.in expects you to further read and understand the
Privacy Policy and the Intellectual Property Policy which would be treated as a
part of this Agreement before using the services so offered by Us. You shall be
equally bound by the stipulations therein once you agree to the Terms of Service
with M-fins.in.
This “Agreement” governs Your use of the “Site” and any services made available
to You by Us or through the Site (the “Services”).For purposes of this
Agreement, the term “You” or “Your” shall refer to the “User(merchant)” or the
“End User (Customer of the Store)” and the term “We” or “Our” shall refer to
“M-fins.in”. If You are using the Site or Services on behalf of Your company (or
another entity), then “You” means Your company (or such other entity), its
officers, members, agents, successors and assigns.
Communication :
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of m-fins.in The User hereby agrees to receive sms and email notifications on his/her registered mobile number. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.
Conditions of Services :
The Terms specified herein restrict the use of this “Site” by minors and those
who do not have capacity to enter into a valid commercial contract.
If you are less than 18 years and you wish to contract you are required to
contract through your parents or legal guardian.
You are required to provide accurate and correct personal information while
registering to use the services rendered by M-fins.in and You agree to keep it
up-to-date.
We have the right to verify the Information provided by You in reasonable
circumstances if required.
Protection of Personal Information
All aspects related to the collection of personal information from You, at the
time of registering with M-fins.in, shall be according to the “Privacy Policy”
of M-fins.in which shall be read as a part of this Agreement.
M-fins.in respects your privacy and assures You that the information collected
from You will be used only to provide You our services.
Such personal information shall not be made available to any third party.
Proprietary notices and Intellectual Property
All aspects related to the intellectual property associated with the Site are
governed by the “Intellectual Property Policy” of M-fins.in which shall be read
as a part of this Agreement.
The Site and all the content so presented on the site (including but is not
limited to acoustic, photographs, illustrations, graphics, video and software)
code, data, works of authorship and materials thereon, the look and feel,
blueprint and the manner in which material is arranged on the Site (hereinafter
referred to as the “Content”) are protected by Indian copyright, trademark and
other laws.
M-fins.in and its licensors own, sole and exclusive rights to title and interest
in and to the Site, the Content, including, but not limited to, all intellectual
property and proprietary rights therein. Your use of the Site and/or the Content
does not grant to You any ownership of any Content to which You may have access
on the Site.
The trademarks, logos, service marks and trade names (hereinafter referred to as
the “Trademarks”) displayed on the Site or in connection with the Content made
available through the Site are registered and unregistered Trademarks of
M-fins.in and its licensors and may not be used except with the express written
permission of the respective Trademark owner.
Nothing contained on the Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any Trademark displayed on
the Site without the written permission of M-fins.in or the third party that may
own the applicable Trademark. Your misuse of the Trademarks displayed on the
Site or on or through any of the Site’s services is strictly prohibited.
All intellectual property rights in the Service are, and shall remain, the
property of M-fins.in or its licensor (as applicable). All rights not expressly
granted to you in this Agreement are hereby expressly reserved and retained by
M-fins.in and its licensors (as applicable).
Without limiting the generality of the foregoing, you shall not (and shall not
allow any third party to):
Use the Service outside of the scope of the limited license herein granted,
including but not limited to use for the sole purpose of obtaining a competitive
advantage against M-fins.in.
Sublicense, distribute, copy, modify, adapt, translate, or prepare derivative
works from, to the Service; Register, attempt to register, or assist anyone else
to register any trademark, trade name, service marks, logos, domain names and
other distinctive brand features, copyright or other proprietary rights
associated with M-fins.in (or any of its affiliates or licensors).
Reverse engineer, disassemble, or decompile any software or otherwise attempt to
discover any source code or trade secrets related to the Service, in any manner,
except as permitted by applicable law; or
Remove, obscure, or alter any notice of copyright, trademark, or other
proprietary right appearing in or on any item included with the Service.
We grant You a limited, revocable, nonexclusive, non-transferable, personal
license to have an access to the Content for personal, non-commercial use only,
subject to and conditioned on Your continued compliance with the terms specified
herein.
This license is granted solely to allow You to visit the Site and to use the
Services as permitted by this Agreement. You agree not to remove, alter or
obscure any proprietary notices provided in or with the Content.
Terms of user account
End Users
End Users while browsing through the site can view products and information,
request information and engage in certain Services on the Site. Users agree to
the following terms and conditions:
You expressly agree that any submissions by You will automatically be treated as
non-confidential and non-proprietary and will become the sole property of
M-fins.in without any compensation or credit to you whatsoever.
M-fins.in and its affiliates may use the ideas contained in such submissions or
posts for any purpose in any medium which includes but is not limited to,
developing, manufacturing and marketing products and services using such ideas.
You may not use M-fins.in service(s) for any illegal or unauthorized purpose
which includes but is not limited to the acts specified in Clause on “Prohibited
Uses” of this Agreement.
You agree to abide by the terms of use and data privacy policies of third
parties such as the marketplaces which are connected to M-fins.in and become a
source and consumer of information to and from M-fins.in. You agree to not
conduct any activities via M-fins.in that may violate their such policies.
Prohibited Usage
The Site and the Services are to be used only for lawful purposes. The site must
not be used to post, store, distribute, display or present any information,
software, data, file or material in violation of any applicable law or
regulation. You are not to use the Site or the Services for the following:
You may not use M-fins.in service(s) for any illegal or unauthorized purpose
which includes but is not limited to the acts specified in Clause on “Prohibited
Uses” of this Agreement.
Promote or convey provocative or prohibited contents which is illegal and
harmful and that induces a conduct which is unlawful, defamatory, obscene,
racial, offensive, pornographic or culturally offensive or otherwise reasonably
and is likely to generate such conduct;
Posting any pornographic content or pictures, engage in transmitting child
pornographic materials or activities harmful to children;
Provide any false, misleading or inaccurate information;
Indulge in identity theft, unauthorized advertising using M-fins.in account;
Upload or transmit any similar applications including viruses, worms or other
malicious code or programs designed to harm other computers or telecommunication
devices;
Infringe anyone’s intellectual property rights, including copyrights,
trademarks, patents and trade secrets. Infringe anyone’s privacy or publicity
rights, which include but are not limited to impersonating another person or
entity or posting images of someone without their permission;
Engage in activities which include but are not limited to hacking other
computers or servers, including Our’s; or violate any requirements, procedures,
policies or rules of networks related to the system; Engage in any unlawful
activity using credit cards;
Falsely express or imply that M-fins.in sponsors, endorses or is otherwise
associated with You or Your content;
Interfere or attempt to evade or disable the Site or services, the proper
working, the security features or the equipment connected to the Site or the
Services;
Entail an excessively large load on the infrastructure of the Site or Our
systems or networks;
Restrict or restrain any other person from using the Site or the Services;
Indulge in criminal or terrorist activity against any nation or society; or
cause any threat or harassment to any person or public as a whole;
Engage in any activity that restricts or inhibits any other M-fins.in Account
Holder from using or enjoying the Service;
Violate this Agreement or encourage or assist anyone else to violate this
Agreement.
Express written permission of M-fins.in is required for You to do any of the
following:
Use, duplicate, republish, upload, dispense, gather, revise, transmit, or post
the Content or the Site for commercial purposes;
Use of the trademarks “M-fins.in”, M-fins.in Logo and the brand name
M-fins.in.com;
Alter, eliminate, remove, supplement, add to, publish, transmit, participate in
the transfer, rental or sale of, create derivative works from, or in any way
exploit any of the Content, in whole or in part;
Access or attempt to access the Site or collect or index information provided to
M-fins.in using any automated means, such as robots, spiders, scrapers, scripts,
or similar means or equivalent manual processes;
In addition to any remedies that M-fins.in may have at law or in equity, if
M-fins.in reasonably determines that You have violated or are likely to violate
the foregoing prohibitions, M-fins.in may take any action it reasonably deems
necessary to cure or prevent the violation, including, without limitation, the
immediate removal of materials that violate the foregoing prohibitions from the
Site.
Disclosure of information
M-fins.in assures You that we will not process data about any identified or
identifiable natural person that we obtain from You in a way incompatible with
the purposes and other limitations which We describe in this Agreement.
M-fins.in will take reasonable precautions to protect the information it obtains
from You from our loss, misuse, unauthorized access or disclosure or use, or
alteration or destruction, of that information. However, M-fins.in will have no
liability to You or any third party provided that such reasonable precautions
are taken.
The terms of “Privacy Policy” which deals with disclosure of information has
been incorporated by reference to this Agreement. You are requested to kindly
refer to the “Privacy Policy” to understand the circumstances when M-fins.in
would disclose Your personal information.
Administrative access
M-fins.in will have access to Your accounts for administrative reasons.
M-fins.in expressly states that You must NOT commit any illegal or prohibited
acts as specified in Clause on “Prohibited Uses” of this Agreement through Our
Site.
If You are found to be abusing our services for any illegal purposes, M-fins.in
reserves the right to disconnect Your account and ban You from further use of
our services.
Reserved Rights
M-fins.in reserves the following rights:
To suspend or terminate the account of anyone who violates this Agreement;
To change or alter the Site, the form and nature of the Site or any Services
provided through the Site, including requiring payment for some or all uses of
the Site, at any time;
To review, modify, filter, disable, delete and remove any and all content and
information from the Site;
To update and download automatically any software provided on or through the
Site;
To cooperate with any law enforcement, court or government investigation or
order or third party requesting or directing that We disclose information or
content or information that You provide, or if We decide that such disclosure is
in Our or its customer’s best interests;
To display advertising and promotions, which may be targeted to certain users or
sections of the Site based upon queries made or preferences indicated, and may
not be identified as paid advertisements or promotions.
Payment and Refund/Cancellation Policy
We will charge you a standard monthly fee based on your account plan. The
Service is billed in advance for each month, quarter, half-year or year, and is
non-refundable. There will be no refunds or credits for partial months of
service, or refunds made should you not use the Service during a period of time
when your account is open. No exceptions will be made.
Term
This Agreement is valid from the date You:
User (merchant) subscribes to this Site till the time when You decide to stop
using the services offered by the Site.
Cancellation, Suspension or Termination of Services
M-fins.in can suspend, cancel or terminate the account of the user:
Without limiting its other remedies, M-fins.in may immediately issue a warning,
temporarily suspend, indefinitely suspend or immediately terminate this
Agreement and Your access to the account(s) if You fail to comply with any terms
specified herein. M-fins.in may take such actions without providing You prior
notice and at its sole discretion.
M-fins.in reserves the right, in its sole and exclusive discretion, to suspend
or terminate Services to You upon receipt of any third party complaint that You
have engaged in any activity that violates this Agreement, which may otherwise
subject M-fins.in to liability for any reason, or that may cause M-fins.in to
incur legal fees or other expenses.
Upon termination, those provisions of this Agreement that expressly or by their
nature survive will continue in full force and effect.
Disclaimer of Warranties
This clause shall be applicable to the end users, any person visiting or
accessing M-fins.in website who accepts this Agreement related to the services
provided herein.
Nothing stipulated in the Terms of Service shall be deemed to provide a warranty
or representation (either express or implied) from the part of M-fins.in to the
control or use any of Your data. M-fins.in represents that they do not have any
obligation to control the access of any information, sites or domains in order
to safeguard the interests of the public or the account holder.
You expressly agree and understand that your activities through M-fins.in
account, including but not limited to downloading, uploading, transmitting,
distributing any material, shall be at your sole discretion and at your sole
risk. The services are provided “as is” and “as available” basis without
warranty of any kind from the part of M-fins.in.
M-fins.in, its officers, directors, employees, and agents disclaim all
warranties, statutory, express or implied, including, but not limited to, any
implied warranties of title, merchantability, fitness for a particular purpose
and non-infringement. M-fins.in, its officers, directors, employees, and agents
make no representations or warranties about:
The accuracy, completeness, or content of any sites linked (through hyperlinks,
banner advertising or otherwise) to this site, and/or, The services found at
this site or any sites linked (through hyperlinks, banner advertising or
otherwise) to this site, and M-fins.in assumes no liability or responsibility
for the same.
YOU understand and agree that you are solely responsible in case of any damages
or loss of data that may occur to your computer or system or any other equipment
which resulted from using the services provided by M-fins.in.
M-fins.in further expressly disclaims all representations and warranties of any
kind with respect to any materials uploaded, downloaded, transmitted or
otherwise obtained through any other source including any website or M-fins.in
website itself.
M-fins.in does not review, edit, censor or take responsibility for any
information that You, or other Users, may create, transmit, post, store,
distribute, display or present using the Site or the Services.
In addition, you specifically acknowledge and agree that no oral or written
information or advice provided by M-fins.in, its officers, directors, employees,
or agents will :
Constitute legal or financial advice or,
Create a warranty of any kind with respect to this site or the services found at
this site, and users should not rely on any such information or advice.
Except as set forth in the Intellectual Property Policy (Incorporated by
reference) M-fins.in will not intervene or become involved in any disputes
between the User and a third party, including, but not limited to, End users.
You shall be liable for all the consequences and damages that arise as a result
of Your violations of any part of the stipulations herein. M-fins.in SHALL NOT
BE RESPONSIBLE for any of your illegal activities and they shall have the right
to recover any such damages from You, including attorney fees and costs related
to any legal procedures associated with it.
The foregoing disclaimer of representations and warranties shall apply to the
fullest extent permitted by law, and shall survive any termination or expiration
of this agreement or your use of this site or the services found at this site.
You explicitly understand and accept that M-fins.in shall not be liable to You
under any agreement, direct or indirect; incidental or consequential damages
that may be incurred by You through Your (refers to User here, the store owner)
use of Our services so offered by M-fins.in or through Your (refers to End User
here, the Customer of the Store Owner) of the services or products offered by
the Store Owners.
M-fins.in assumes no responsibility with respect to user’s or end user’s use of
the services and shall not be liable for consequential, incidental, or special
damages, including but not limited to loss of use, business interruptions, and
loss of profits, lost revenue or punitive or exemplary damages, even if
M-fins.in is aware of the possibility thereof.
In addition, you specifically acknowledge and agree that any cause of action
arising out of or related to this site or the services found at this site must
be commenced within one (1) year after the cause of action accrues, otherwise
such cause of action shall be permanently barred.
The foregoing limitation of liability shall apply to the fullest extent
permitted by law, and shall survive any termination or expiration of this
agreement or your use of this site or the services found at this site.
Indemnification
You agree to indemnify and hold harmless M-fins.in, its affiliates, members,
officers, directors, employees, agents, and licensors from and against any and
all claims, damages, obligations, losses, liabilities, costs and expenses
(including, without limitation, reasonable attorneys’ fees), arising out of or
related in any way to:
Your use of the Site and Services and Products offered,
Your submission, posting, transmittal or any other use of any Information,
Content and/or any other materials or content,
Your violation of this Agreement,
Your violation of any law or regulation, or violation of any proprietary or
privacy right,
Your violation of any third party intellectual property right, including,
without limitation, copyright, patent, trademark or trade secret; or Any claim
that Your information or submission of any other information or content by You
caused damage to a third party.
This indemnification obligation will survive this Agreement.
Your representations and warranties
By using the Site, the Services or the Content You represent and warrant that:
You are 18 years of age or older, an emancipated minor or the parent or guardian
of a minor who You are authorizing to use the Site and the Services;
You understand and agree that this Agreement is a legally binding agreement and
the equivalent of a signed, written contract;
You will use the Site and the Services in a manner consistent with all laws and
regulations and in accordance with the terms and conditions of this Agreement;
You are authorized to sign for and bind the person or entity using the Site or
the Services;
You will provide only true, accurate, complete and current information to
M-fins.in; and
You will not impersonate any person or entity, misrepresent any affiliation with
another person, entity, or association, use false headers, or otherwise conceal
Your identity from M-fins.in or in any material that You post or submit on the
Site for any purpose.
Assignment
You may not assign this Agreement or any part of this Agreement without the
express written consent of M-fins.in. Any purported or attempted assignment or
other transfer or delegation in violation of this Agreement shall be null and
void. You agree that M-fins.in may assign this Agreement or any part of this
Agreement at any time and for any reason without Your consent.
Modification
M-fins.in has sole and complete authority to modify and amend the Terms of
Service with or without any notice to You in this regard.
Incorporation of policies
Intellectual Property Policy and the Privacy Policy referred to in this
Agreement constitute an integral part of this Agreement and are incorporated
herein by this reference.
Governing Law & Jurisdiction
This Agreement and its interpretation hereunder and all suits and special
proceedings hereunder shall be construed in accordance with the applicable
Indian laws and any dispute arising shall be governed by the same. The District
Courts in mumbai, India shall have jurisdiction to try and decide any matter
arising out of and related to this Agreement. The Parties unconditionally submit
to the jurisdiction of mumbai, India, for settlement of any dispute or
enforcement if any right under this Agreement.