“mAccounts” means a software platform provided by Cresco mTech Pvt. Ltd., a private limited firm having registered office at 2, Shelar House, Behind Canara Bank, Gokhale Road, Thane (W) – 400602 (hereinafter referred to as “Cresco”) consisting of any or all of its components, including the mAccounts smartphone application, any or all of which may be marketed, published, made available, accessed and /or used under the mAccounts 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 mAccounts.
"Users" means any enterprise, firm, entity or any person, who downloads, installs, accesses or uses mAccounts or any person who downloads, installs, accesses mAccounts on behalf of someone else including any legal entity.
Use of mAccounts is subject to the following Terms and Conditions. By accessing and using mAccounts, Users unconditionally accept, without limitation or qualification, these Terms and Conditions. Users have discretion not to use mAccounts, so in terms of their access or use of mAccounts 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 mAccounts 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 mAccounts, 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 mAccounts and/or register with mAccounts at their own volition, risk and after reading and confirming to this Terms and Conditions.
mAccounts 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 mAccounts is subject to all applicable local, state, national laws and regulations wherever applicable. Users shall not use, allow, or enable others to use mAccounts, or knowingly condone use of mAccounts by others, in any manner that attempts to, or is likely to:
Cresco does not share personal information of Users with any other party. All device & personal information provided or collected through mAccounts, 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 mAccounts, Cresco reserves the right to collate, analyze, group, present, disseminate, lend, generalized data, without identifying personal information.
Cresco shall use reasonable endeavors to provide Users with a prompt and continuing service. Cresco does not, however, warrant that mAccounts or any of its components, services, APIs, etc. provided will continue uninterrupted or without delay or remain unchanged.
Users acknowledge and understand that the data, transaction, attachments and/or the content contained or stored in mAccounts is not owned or controlled by Cresco. It should not be implied that Cresco recommends, endorses or approves any of the data, transaction, attachments and/or the content contained or stored in mAccounts, nor is Cresco responsible for their availabilities, accuracies or contents. Cresco has no control over, and assumes no responsibility for the data, transaction, attachments and/or the content contained or stored in mAccounts. By using mAccounts, 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 mAccounts.
Ownership of all rights, relating mAccounts is vested with Cresco. Any use of mAccounts 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 mAccounts 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.
Users may use mAccounts at their own risk and it is understood that Users are personally responsible for their use of mAccounts and for their communication and/or activity related to mAccounts. Cresco makes every effort to ensure mAccounts is free from viruses or defects. However, it is the responsibility of Users to ensure they use the right equipments / devices to use mAccounts and/or to employ appropriate measures for the security of their devices.
Users also acknowledge and understand that mAccounts 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 mAccounts, whether this arises from breach of duty, breach of contract, negligence or any other way. This also applies to User generated data & transactions.
Users agree to use mAccounts only for the purposes it is developed i.e. for legal accounting, book-keeping and financial management purposes, 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 Directors, 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.
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 mAccounts. 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.
IN NO EVENT SHALL CRESCO, ITS DIRECTORS, 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 mAccounts, (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 mAccounts, (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 mAccounts, 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.
Users agree to indemnify and keep indemnified, defend and hold Cresco, its parents, subsidiaries, affiliates, successors, assignees and licensors, or any of its respective directors, 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 mAccounts whether by use of Login and Password or not.
Links may be provided only as an informational resource. Also, information, messages, attachments, content provided by Users through mAccounts 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 mAccounts, 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.
mAccounts 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.
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 mAccounts they provide acceptance to the changed Terms and Conditions.
Without limiting the foregoing, under no circumstances Cresco shall be held liable for any damage or loss due to deficiency in performance of mAccounts 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.
mAccounts is owned and operated by Cresco mTech Private Limited, a private limited firm offering a software platform mAccounts for legal accounting, book-keeping and financial management purposes.
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 mAccounts 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 mAccounts.
Last updated on 06 February 2017