Terms and Conditions
Definitions
“Personal Wedding Invitation” means a software platform provided by Cresco Mobility Solutions, a proprietary firm having office at 3, Sonali, Gen. A. K. Vaidya Marg, Near TMC, Opp. Kacharali Lake, Thane (W) – 400602 (hereinafter referred to as “Cresco”) consisting of any or all of its components, including the Personal Wedding Invitation smartphone application, any or all of which may be marketed, published, made available, accessed and /or used under the Personal Wedding Invitation brand name and/or any other brand name.
"Use" or "Using" means to access, view, download, install, copy, transact, register on or otherwise benefit from using Personal Wedding Invitation.
"Users" means any enterprise, firm, entity or any person, who downloads, installs, accesses or uses Personal Wedding Invitation or any person who downloads, installs, accesses Personal Wedding Invitation on behalf of someone else including any legal entity.
Use of Personal Wedding Invitation
Use of Personal Wedding Invitation is subject to the following Terms and Conditions. By accessing and using Personal Wedding Invitation, Users unconditionally accept, without limitation or qualification, these Terms and Conditions. Users have discretion not to use Personal Wedding Invitation, so in terms of their access or use of Personal Wedding Invitation despite the right and power not to access or use, it is construed that Users have accepted these Terms and Conditions.
Except as specifically permitted in these Terms and Conditions, Users shall have no right to copy, change, alter, amend, reverse engineer, decompile, reverse translate, disassemble, publish, disclose, display or make available, or in any other manner decode Personal Wedding Invitation and/or its components, services, APIs, etc. either in full or in part/s.
Cresco can provide Users, subject to acceptance of Terms and Conditions of Personal Wedding Invitation, at its sole discretion, Accounts with or without Login and Password. Cresco solely reserves the right to accept or reject application without obligation of explanation. Cresco may store, evaluate, analyze, verify, and authenticate the Personal information and any data provided by Users.
Users acknowledge hereby that Cresco continues to maintain right to close their Accounts without any notice for any reasons whatsoever it may be.
Users intend to use the services provided by Personal Wedding Invitation and/or register with Personal Wedding Invitation at their own volition, risk and after reading and confirming to this Terms and Conditions.
Rules of Conduct
Personal Wedding Invitation is to be used solely for non-exclusive, non-assignable, non-transferable and limited use of Users and for no other purposes. Their use of Personal Wedding Invitation is subject to all applicable local, state, national laws and regulations wherever applicable. Users shall not use, allow, or enable others to use Personal Wedding Invitation, or knowingly condone use of Personal Wedding Invitation by others, in any manner that attempts to, or is likely to:
Privacy
Cresco does not share personal information of Users with any other party. All device & personal information provided or collected through Personal Wedding Invitation, including email address, mailing address and phone number and any other sensitive information, will be used only for the purpose of providing Users with information about our products and will not be shared with any third party other than whom they permit.
On the basis of information available through Personal Wedding Invitation, Cresco reserves the right to collate, analyze, group, present, disseminate, lend, generalized data, without identifying personal information.
Availability of Personal Wedding Invitation
Cresco shall use reasonable endeavors to provide Users with a prompt and continuing service. Cresco does not, however, warrant that Personal Wedding Invitation or any of its components, services, APIs, etc. provided will continue uninterrupted or without delay or remain unchanged.
Content on Personal Wedding Invitation
Users acknowledge and understand that the data, information, media, images, videos, attachments and/or the content contained or stored in Personal Wedding Invitation is not owned or controlled by Cresco. It should not be implied that Cresco recommends, endorses or approves any of the data, information, media, images, videos, attachments and/or the content contained or stored in Personal Wedding Invitation, nor is Cresco responsible for their availabilities, accuracies or contents. Cresco has no control over, and assumes no responsibility for the data, information, media, images, videos, attachments and/or the content contained or stored in Personal Wedding Invitation. By using Personal Wedding Invitation, Users expressly acknowledge and agree that Cresco shall not be responsible for any damages, claims or other liability arising from or related to their use of Personal Wedding Invitation.
Ownership of Rights
Ownership of all rights, relating Personal Wedding Invitation is vested with Cresco. Any use of Personal Wedding Invitation by Users contrary to the provisions of this Terms and Conditions is prohibited. Cresco reserves all rights to discontinue the access and/or use of Personal Wedding Invitation by Users without any notice for any reasons whatsoever it may be. If Users wish to use images and text for press articles or blogs, they must seek prior approval of Cresco and request for the required information.
Your Activity and Your Device
Users may use Personal Wedding Invitation at their own risk and it is understood that Users are personally responsible for their use of Personal Wedding Invitation and for their communication and/or activity related to Personal Wedding Invitation. Cresco makes every effort to ensure Personal Wedding Invitation is free from viruses or defects. However, it is the responsibility of Users to ensure they use the right equipments / devices to use Personal Wedding Invitation and/or to employ appropriate measures for the security of their devices.
Users also acknowledge and understand that Personal Wedding Invitation is not hack proof, and their data may get stolen, garbled, deleted due to virus or hacking problems.
Users agree not to hold Cresco liable for any claims either direct, indirect, incidental or in terms of consequential loss relating to the hacking, theft, deletion or any other problem of the information contained or stored in any of the sections of Personal Wedding Invitation, whether this arises from breach of duty, breach of contract, negligence or any other way. This also applies to User generated data & records.
Users agree to use Personal Wedding Invitation only for the purposes it is developed, and are prohibited from using it for any unlawful, harmful, threatening, abusive, harassing, defamatory or obscene activity of any kind, including, but not limited to, any activity which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law. This also applies to any activity that could be termed as Sexual Harassment and or Discrimination.
Users agree that protecting the Login and password information, if any, and ensuring that it is not shared with any third party, is solely their responsibility and that Cresco, its Proprietors, Officers, Partners, Employees or Agents bear no liability with regards the theft, loss malfunction, errors, damage to and / or authorized or unauthorized usage of the same.
Online Payments
Users acknowledge that they have attained age of 18 years and are eligible to make contracts as per laws of India. Cresco may facilitate payment for any fees by using payment gateways provided on Personal Wedding Invitation. The payments shall be secured as per permissible remittance mechanism and payment gateways, and/or Cheque, Demand Draft or any other prevalent Banking channel. Users understand and acknowledge that Cresco undertakes utmost care to provide secure online payment system, however, it is susceptible to hacking, virus attacks, malfunction. Users undertake all payments subject to own risk and volition. Cresco shall not be liable for any loss or damage occurred to them due to any malfunction, errors and/or unscrupulous activities.
Limitation of Liability
IN NO EVENT SHALL CRESCO, ITS PROPRIETORS, OFFICERS, PARTNERS, EMPLOYEES, OR AGENTS, BE LIABLE TO USERS AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO AND USE OF Personal Wedding Invitation, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL, FINANCIAL AND/OR ANY INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH Personal Wedding Invitation, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USE, OF ANY CONTENT POSTED, STORED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA Personal Wedding Invitation, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS AND CONDITIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. USERS SPECIFICALLY ACKNOWLEDGE THAT CRESCO SHALL NOT BE LIABLE FOR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF USERS AND/OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH USERS.
Indemnification
Users agree to indemnify and keep indemnified, defend and hold Cresco, its parents, subsidiaries, affiliates, successors, assignees and licensors, or any of its respective Proprietors, proprietors, officers, partners, employees, agents, vendors, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Terms and Conditions by them, or due to their activities related to Personal Wedding Invitation whether by use of Login and Password or not.
Link to Third Party Sites
Links may be provided only as an informational resource. Also, information, messages, attachments, content provided by Users through Personal Wedding Invitation may contain links to third party websites that may not be owned or controlled by Cresco. These links may be provided simply as a service, and it should not be implied that Cresco recommends, endorses or approves any of the content at the linked site(s), nor is Cresco responsible for their availabilities, accuracies or contents. Cresco has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Cresco will not and cannot censor or edit the content of any third-party site. By using Personal Wedding Invitation, Users expressly acknowledge and agree that Cresco shall not be responsible for any damages, claims or other liability arising from or related to their use of any third-party website.
Advertisements
Personal Wedding Invitation may also post, display, publish or provide advertisements and/or links of advertisements of Advertisers and/or any third party. Cresco does not endorse the advertisements or advertisers or any such third parties or quality, suitability, merchantability, fitness, warranties of the product and/or services offered by such advertisers or any such third parties. Users shall directly deal with the Advertisers and/or any such third parties.
Changes to Terms and Conditions
Cresco has and continues to have the right to modify, change or update the Terms and Conditions. Users acknowledge that by virtue of usage of Personal Wedding Invitation they provide acceptance to the changed Terms and Conditions.
Force Majeure
Without limiting the foregoing, under no circumstances Cresco shall be held liable for any damage or loss due to deficiency in performance of Personal Wedding Invitation and service resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, power failures.
General Information
Personal Wedding Invitation is owned and operated by Cresco Mobility Solutions, a proprietary firm offering a software platform Personal Wedding Invitation for storing and recording medical data, information & reports.
If any provision of this Terms and Conditions is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Terms and Conditions will be deemed amended to the extent necessary to make it legal, valid and enforceable.
In case of any disputes arising in relation to this Terms and Conditions, Cresco and Users shall mutually appoint one arbitrator and resolve such dispute as per Arbitration and Conciliation Act, 1996.
These Terms and Conditions and use of Personal Wedding Invitation by Users are governed by, construed and enforced in accordance with the laws of India and, for the purposes of any legal or equitable actions, Users specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Mumbai, Maharashtra, India.
IF USERS DO NOT ACCEPT AND ABIDE BY THIS TERMS AND CONDITIONS, USERS MUST NOT ACCESS AND/OR USE Personal Wedding Invitation.
Last updated on 08 February 2017