Terms & Conditions

Definitions

“onfield” means a software platform provided by Cresco Mobility Solutions, a proprietary concern having its 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 which include the onfield web application, onfield APIs, onfield services and the onfield smartphone application any or all of which may be marketed, published, made available, accessed and /or used under the onfield brand name and/or any other brand name as agreed upon with the Client.

"Use" or "Using" means to access, view, download, install, copy, transact, record, register on or otherwise benefit from using onfield.

"Client" means an enterprise, firm, entity or any person, who accesses or uses the onfield web application or onfield API or onfield services or onfield smartphone application or a person having access to the onfield web application or onfield API or onfield services or onfield smartphone application on behalf of someone else including any legal entity.

"User" means an enterprise, firm, entity or any person including but not limited to customers, vendors, partners, employees, associates, family, friends, etc. of a Client and who/which has been allowed by the Client to register for the onfield web application or onfield API or onfield services or onfield smartphone application by adding him/her/it in the Client’s contact list by creating his/her/its contact records through the the onfield web application or onfield API or onfield services or onfield smartphone application, or a person having access to the onfield web application or onfield API or onfield services or onfield smartphone application on behalf of someone else including any legal entity.

"Customers" means Clients and/or Users, either collectively, individually, singly or jointly.

Use of onfield

Use of onfield is subject to the following Terms and Conditions. By accessing and using onfield, Customers unconditionally accept, without limitation or qualification, these Terms and Conditions. Customers have discretion not to use onfield, so in terms of their access or use of onfield despite the right and power not to access or use, it is construed that Customers have accepted these Terms and Conditions. 

Except as specifically permitted in these Terms and Conditions, Customers 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 onfield and/or its components, services, APIs, etc. either in full or in part/s.

Cresco can provide Customers, subject to acceptance of Terms and Conditions of onfield, 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 Customers or collected from Customers.

Customers acknowledge hereby that Cresco continues to maintain right to close their Accounts without any notice for any reasons whatsoever it may be.

Customers intend to use the services provided by onfield and/or register with onfield at their own volition, risk and after reading and confirming to this Terms and Conditions.

Rules of Conduct

onfield is to be used solely for non-exclusive, non-assignable, non-transferable and limited use of Customers and for no other purposes. Their use of onfield is subject to all applicable local, state, national laws and regulations wherever applicable. Customers shall not use, allow, or enable others to use onfield, or knowingly condone use of onfield by others, in any manner that attempts to, or is likely to:

• modify, disrupt, impair, alter or interfere with the access, use, features, functions, operation and/or maintenance of onfield,
• send or result in the transmission of SPAM, junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing",
• involve any unlawful, harmful, threatening, abusive, harassing, defamatory or obscene material or activity of any kind, including, but not limited to, any material or 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 material or activity that could be termed as Sexual Harassment and or Discrimination,
• result in any other usage in inappropriate manner

Client specifically provides right to its Users to view, access, download, and store messages & attachments sent by the Client to its Users.

Users specifically provide rights to all the Clients who have added them in their respective contact lists

• to track their locations, to record their calls & messages, and to send messages & attachments to them
• to collect, use, process & transfer User data / information including but not limited to email address, mailing address, phone number, messages, location & calls records, provided / collected through onfield,
• to collect, use, process & transfer images and other media submitted by them

Privacy

Clients acknowledge and agree that it is their obligation to inform Users of the collection, use, processing and transfer of User data / information including but not limited to email address, mailing address, phone number, messages, location & calls records, provided / collected through onfield, and to ensure that Users have given their consent to such collection, use, processing & transfer as required by all applicable data protection legislation.

Clients represent and warrant to Cresco that

• it is their obligation to inform Users of the collection, use, processing and transfer of User data / information including but not limited to email address, mailing address, phone number, messages, location & calls records, provided / collected through onfield
• they have all rights, power and authority that are necessary for their collection, use, processing and transfer of User data / information including but not limited to email address, mailing address, phone number, messages, location & calls records, as contemplated by this Agreement
• their use and provision of User data / information including but not limited to email address, mailing address, phone number, messages, location & calls records, to Cresco pursuant to this Agreement will not breach any agreement between them and Users or any third party or violate any applicable local, state or federal laws, regulations, orders or rules

Cresco reserves the right to withhold, remove and / or discard any User data without notice for any breach of this Agreement by Customers, including without limitation, non-payment by them. Upon termination, their right to access or use such data immediately ceases. Cresco will have no obligation to maintain or forward any User or Client data after any termination of this Agreement.

Cresco does not share personal information of Customers with any other party. Any personal information provided / collected through onfield will be used only for the purposes of providing Customers with information about our products and for providing services through use of onfield, and will not be shared with any third party other than whom they permit.

On the basis of information available through onfield, Cresco reserves the right to collate, analyze, group, present disseminate, lend, generalized data, without identifying personal information.

Availability of onfield

Cresco shall use reasonable endeavors to provide Customers with a prompt and continuing service. Cresco does not, however, warrant that onfield or any of its components, services, APIs, etc. provided will continue uninterrupted or without delay or remain unchanged.

Content on onfield

Customers acknowledge and understand that data, information, messages, attachments and/or the content contained in the messages & attachments exchanged and/or communicated, collected, provided via onfield may or may not be owned or controlled by Cresco. It should not be implied that Cresco recommends, endorses or approves any of the data, information, messages, attachments and/or the content contained in the messages & attachments, nor is Cresco responsible for their availabilities, accuracies or contents. Cresco has no control over, and assumes no responsibility for the data, information, messages, attachments and/or the content contained in the messages & attachments. In addition, Cresco will not and cannot censor or edit the data, information, messages, attachments and/or the content contained in the messages & attachments. By using onfield, Customers 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 data, information, messages, attachments and/or the content contained in the messages & attachments, and/or their actions / inaction based on the data, information, messages, attachments and/or the content contained in the messages & attachments.

Ownership of Rights

Ownership of all rights, relating onfield is vested with Cresco. Any use of onfield by Customers contrary to the provisions of this Terms and Conditions is prohibited. Cresco reserves all rights to discontinue the access and/or use of onfield by Customers without any notice for any reasons whatsoever it may be. If Customers 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

Customers may use onfield at their own risk and it is understood that Customers are personally responsible for their use of onfield and for their communication and/or activity related to onfield. Cresco makes every effort to ensure onfield is free from viruses or defects. However, it is the responsibility of Customers to ensure they use the right equipments / devices to use onfield and/or to employ appropriate measures for the security of their devices.

Customers also acknowledge and understand that onfield is not hack proof, and their information / data may get stolen, garbled, deleted due to virus or hacking problems. Customers 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 / data contained in any of the sections of onfield, whether this arises from breach of duty, breach of contract, negligence or any other way.

Customers agree to use onfield only for the purposes it is developed and are prohibited from posting any unlawful, harmful, threatening, abusive, harassing, defamatory or obscene material of any kind, including, but not limited to, any material 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 posting that could be termed as Sexual Harassment and or Discrimination.

Customers 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 Proprietor, Officers, Partners, Directors, 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

Customers 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 onfield. The payments shall be secured as per permissible remittance mechanism and payment gateways, and/or Cheque, Demand Draft or any other prevalent Banking channel. Customers understand and acknowledge that Cresco undertakes utmost care to provide secure online payment system, however, it is susceptible to hacking, virus attacks, malfunction. Customers 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 PROPRIETOR, OFFICERS, PARTNERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO CUSTOMERS 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 DATA, INFORMATION, CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO AND USE OF onfield, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL, FINANCIAL AND/OR ANY DATA, 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 onfield, (V) ANY ERRORS OR OMISSIONS IN ANY DATA, INFORMATION, CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USE, OF ANY DATA, INFORMATION, CONTENT POSTED, PROVIDED, COLLECTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA onfield, 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 DATA, 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. CUSTOMERS SPECIFICALLY ACKNOWLEDGE THAT CRESCO SHALL NOT BE LIABLE FOR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF CUSTOMERS AND/OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMERS.

Indemnification

Customers agree to indemnify and keep indemnified, defend and hold Cresco, its parents, subsidiaries, affiliates, successors, assignees and licensors, or any of its respective proprietor, officers, partners, directors, 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 onfield 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 Customers through onfield 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 onfield, Customers 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

onfield may also post, display, publish or provide advertisements and/or links of advertisements of Advertisers and/or any third party with consent of  Clients. 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. Also, Clients shall have no right to post, display, publish or provide advertisements, publicity material, links of advertisements and/ or publicity material of Advertisers and/or any third party without the prior permission & consent of Cresco.

Changes to Terms and Conditions

Cresco has and continues to have the right to modify, change or update the Terms and Conditions. Customers acknowledge that by virtue of usage of onfield 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 onfield 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

onfield is owned and operated by Cresco Mobility Solutions, a proprietary concern offering a software platform onfield.

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 Customers shall mutually appoint one arbitrator and resolve such dispute as per Arbitration and Conciliation Act, 1996.

These Terms and Conditions and use of onfield by Customers are governed by, construed and enforced in accordance with the laws of India and, for the purposes of any legal or equitable actions, Customers specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Mumbai, Maharashtra, India.

IF CUSTOMERS DO NOT ACCEPT AND ABIDE BY THIS TERMS AND CONDITIONS, CUSTOMERS MUST NOT ACCESS AND/OR USE onfield.

Last updated on 27 February, 2017