Terms of Service
THE USE OF THE WEBSITE BY THE USER SHALL MEAN THAT HE/SHE AGREES WITH THE FOLLOWING
TERMS OF SERVICE
shop.m-fins.in (hereinafter referred to as the “Site” or “shop.m-fins.in”) provides
its users an b2b ecommerce system by use of its on demand (web based) software.
shop.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 shop.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 shop.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. shop.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 shop.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 “shop.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.
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 shop.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 shop.m-fins.in, shall be according to the “Privacy Policy” of
shop.m-fins.in which shall be read as a part of this Agreement.
shop.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 shop.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.
shop.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 shop.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 shop.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 shop.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 shop.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 shop.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 shop.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 shop.m-fins.in
without any compensation or credit to you whatsoever.
shop.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 shop.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 shop.m-fins.in and become a source
and consumer of information to and from shop.m-fins.in. You agree to not conduct
any activities via shop.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 shop.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 shop.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 shop.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 shop.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 shop.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 “shop.m-fins.in”, shop.m-fins.in Logo and the brand name shop.m-fins.in;
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
shop.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 shop.m-fins.in may have at law or in equity, if
shop.m-fins.in reasonably determines that You have violated or are likely to violate
the foregoing prohibitions, shop.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
shop.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.
shop.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, shop.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 shop.m-fins.in would disclose
Your personal information.
Administrative access
shop.m-fins.in will have access to Your accounts for administrative reasons.
shop.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, shop.m-fins.in
reserves the right to disconnect Your account and ban You from further use of our
services.
Reserved Rights
shop.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
shop.m-fins.in can suspend, cancel or terminate the account of the user:
Without limiting its other remedies, shop.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. shop.m-fins.in may take such actions without providing You prior notice
and at its sole discretion.
shop.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
shop.m-fins.in to liability for any reason, or that may cause shop.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
shop.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 shop.m-fins.in to
the control or use any of Your data. shop.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 shop.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.
shop.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 shop.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 shop.m-fins.in.
shop.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 shop.m-fins.in website
itself.
shop.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 shop.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)
shop.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. shop.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 shop.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.
shop.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 shop.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 shop.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 shop.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 shop.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 shop.m-fins.in may assign this Agreement or any part of this Agreement
at any time and for any reason without Your consent.
Modification
shop.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.