Terms and Condition
These terms of use (“Terms”) mandate the terms on which users (“You” or “Your” or “Yourself” or “User” or “Participant”) access and register on the website dashboard.mcred.co and/or the mobile application of dashboard.mcred.co owned, operated and managed under the registered trademark “MCRED” by Man Investment Service Pvt Ltd (Company or “MCRED” or Website or “Platform”).
Man Investment Service Pvt Ltd is a company incorporated under the Company Act 1956 vide CIN No - U67190MH2008PTC185548 having it registered office at 403, 4th flr, Peninsula Heights C D Barfiwala Road, Juhu Lane, Andheri (West), Mumbai Mh 400058 .
Please read the Terms & Privacy Policy available at https://dashboard.mcred.co/privacy_policy/ (“Privacy Policy”) carefully before using or registering on the website or accessing any material, information or the website or transaction on the website. These Terms and the Privacy Policy as updated and amended from time to time together constitute a legal agreement between you and the company in connection with the website including your enrolment and activities thereof.
The contents set out herein form an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and as amended from time to time. As such, this document does not require any physical or digital signatures and forms a valid and binding agreement between the Website and the User. Further, please be advised that these Terms of Use are made available to the User pursuant to and in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules, regulations, privacy policy and terms of use for access or usage of the Website.
By clicking the “I Accept” check box provided to accept the “Privacy Policy” and “Terms of Use”, you accept these Terms and Privacy Policy and agree to be legally bound by the same. Further, by furnishing Your personal information to the Company or giving your consent to the Company to access Your personal information for the purpose of rendering Service (as defined below), You also agree that You are interested in availing the Services that You have selected on the Platform.
The Company retains an unconditional right to modify or amend this Terms without any requirement to notify you of the same. It shall be your responsibility to check these Terms periodically for changes. Your acceptance of the amended Terms shall signify your consent to such changes and agreement to be legally bound by the same.
Eligibility
In order to access or use the Services, you must be 18 years of age or above. If you are under 18 and you wish to access or use the Services, your parents or legal guardian must acknowledge and agree to this T&C. Should your parents or legal guardian fail to agree or acknowledge the T&C, you shall immediately discontinue its use.
You can access the Services on your mobile phones, tablets, laptops or other electronic devices (“Devices”) by registering to become a user (“User”) in accordance with the Terms of Account Registration or Use of the Services.
You agree to use and access the Services in accordance with the User Conduct.
The availability of the Services, security and accuracy is subject to our Availability of Services, Security and Accuracy Policy.
Right to use Personal/Contact Details
By making use of this Website and furnishing your personal/contact details, you hereby agree that you are interested in availing and/or purchasing the products/services that you have selected. You hereby agree that we may contact you either electronically or through phone, to understand your interest in our products and/or services and to fulfill your demand. You also agree that we reserve the right to make your details available to any of our authorized members/agents or partners and you may be contacted by them for information and for sales through email, telephone and/or SMS. You agree to receive promotional materials and/or special offers from us through email or SMS. If you disagree with this T&U, please do not use this Website.
The user expressly grants following rights irrevocably to the platform & the platform reserve following rights further as stated herein above:
1. To receive, gather, collect, retain, process, store, disclose & disseminate personal information, documents & data of the Users subject to privacy policy as amended from time to time and available on the Platform;
2. To run identity, KYC, fraud checks, credit checks, data authenticity (verification) provided by the User.
3. Levy & collect charges to access and/or avail the any services by the Platform or by the third party through the Platform. The charges would be defined prior to activation of the services by the Platform and as amended from time to time or prior to availing any particular service on the Platform. The nomenclature of charges may include but not limited to service charges, processing fees, transaction charges, activation charges, delayed payment charges, etc and the same charges may be one time or recurring both ;
4. To terminate the services for any breach of Terms or suspicious conduct of the Users.
We can refuse to act on any instruction received from you that we believe: (a) was unclear; (b) was not given by the you; (c) might cause us to breach a legal or other duty; or (d) suggests that the Website is being used for an illegal purpose.
Disclaimer
Please be aware that information provided on this Website is provided for general information purposes only and is provided so that you can avail the product and/or service that you feel is appropriate to meet your needs. You should always check the suitability, adequacy and appropriateness of the product and/or service that is of interest to you and it is your sole decision whether to obtain or refrain from obtaining any product and/or service. If you are in any doubt as to the suitability, adequacy or appropriateness of any product and/or service referred to on this Website, we suggest that you seek independent professional advice before you obtain any product and/or service via this Website. The display on disseminator of information to on amongst Users by the Platform is not to influence or solicitor induce any user on recipient to undertake any transaction or the platform or avail its services.
Please be aware that nothing on this Website is, or shall be deemed to constitute, an offer by us or any third party to sell to you any product and/ or service or to enter into any contract with you in respect of any product and/or service. By submitting your details, you are making an offer to obtain the relevant product and/or service that may be accepted or rejected. The contract for the product and/or service will only be concluded once your offer has been accepted. You will receive confirmation when your offer has been accepted.
We aim to provide uninterrupted access to this Website but we give no warranty as to the uninterrupted availability of this Website. We reserve the right to suspend, restrict or terminate your access to this Website at any time.
We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on this Website and without notice from time to time.
Permission to Use
Any unauthorized use by you or any illegal or unlawful activity by you in or for this Website shall terminate the permission or license granted to you by us to use this Website and may give rise to a claim for damages and/or be considered a criminal offence.
You may operate a link to this Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, as determined by us. You must not operate a link to this Website in such a way as to suggest or imply any form of association, approval or endorsement by us, unless otherwise agreed between you and us through a separate legal agreement. We reserve the right to require you to immediately remove any link to this Website at any time and we may withdraw any linking permission at any time.
Subject to the Terms and Conditions, M Cred hereby grants to you, a limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, rights and license to: (i) access, view and otherwise use the Website (including, without limitation any information or services provided on or through the Website) for personal, lawful use only, as intended through the normal functionality of the Website; and (ii) use any other functionality expressly provided by M cred (technology, software etc.) on or through the Website. You shall not be permitted to sub-license or transfer this right.
You shall solely be responsible for obtaining access to the Website, and that access may involve third-party fees (such as internet service provider fees or airtime charges). In addition, You must provide and shall be responsible for all equipment necessary to access the Website. You may not bypass any measures that have been implemented to prevent or restrict access to this Website.
M Cred, in its sole discretion, reserves the right to refuse registration of, or cancel or restrict the usage of the Website for any User. Any unauthorized use and/or access of/to the Website by you (including any access through the registered account of that User or any device that the User may use to access the Website) shall terminate the permission or license granted to the User by the Website. Users are solely responsible for any activity that occurs on their account and for maintaining the confidentiality of their account. Users are prohibited from: (i) using another User’s account; (ii) impersonate another User; (iii) create a log in name for any Account that is offensive, vulgar or obscene or otherwise unlawful.
Under no circumstance shall any User save copies, download, and print or otherwise store any content of the Website for any commercial purposes. Accessing, downloading, storing, or otherwise using the content of the Website for any commercial purpose will constitute a material breach of these terms & conditions.
The Website strictly prohibits any use of the content available through the Website, including but not limited to: (i) any downloading, copying or other use of the content or the Website for purposes competitive to the Website or for the benefit of any third party; (ii) any caching, unauthorized linking to the Website or the framing of any content available on the Website; (iii) any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or Services obtained from the Website that the User does not have a right to make available (such as the intellectual property of another party); (iv) any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer; (v) using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Website (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or (vi) any action that imposes or may impose (in the Website’s sole discretion) an unreasonable or disproportionately large load on the Website’s infrastructure, or damage or interfere with the proper working of the Website’s infrastructure.
Intellectual Property Rights
The copyright in the information, content, material or data displayed on this Website belongs to us or our licensors or our licensees or authorized or permitted agents/members. You may temporarily print, copy, download or store extracts of information, content, material or data displayed on this Website for your own personal use but should not use for any commercial purpose or passon to any other person. This Website contains material which is owned by or licensed to us and are protected by copyright. This material includes, but is not limited to, data, documents, information, details, design, layout, appearance and graphics; logos, business names, trading names, service marks and trade-marks, internet domain names, moral rights, rights specifications, know how, processes agreements, deeds and business methods; software programs (in all cases whether registered or unregistered and including all rights to apply for registration) and all such rights are reserved. Reproduction of any material of our Website is prohibited for any commercial use.
Business Secret / Protection of Business Method: You must not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets/ business method on which you do not have the right to use)
Our Limited Liabilities
We use reasonable endeavors to ensure that the data, material and information on this Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. However, we are not guaranteeing that the data, material and information on this Website are accurate or that there are no errors or omissions in the data, material and information.
We do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the content, products, and services. All such information and services are provided “AS IS” without warranty of any kind.
We disclaim that all warranties and conditions that this Website, its services or any email sent from us, our affiliates, and / or their respective agents are free of viruses or other harmful components.
We are not responsible for any losses or damages arising from an inability to access the Website, from any use of the Website or from reliance on the data transmitted using the Website where such losses or damages are caused by any event beyond our reasonable control including as a result of the nature of electronic transmission of data over the internet.
We are not responsible or liable for any direct and indirect losses or damages suffered or incurred by you which were not foreseeable by us when you accessed or used the Website.
Please be aware that by submitting your details, you are making an offer to obtain the relevant product or service from us and our affiliates on the terms and conditions that may be accepted or rejected. The contract for the product or service will only be concluded once your offer has been accepted. You will receive confirmation when your offer has been accepted. In case your offer for any product and/or service is rejected even after acceptance for any reason, we are not responsible or liable for any losses or damages suffered or incurred by you in the process.
You may also be able to access user reviews directly on the Website. The views expressed therein do not represent our views or the views of our affiliates and we are not responsible or liable for the accuracy or content of any such views or expressions. We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of user reviews on the Website.
Please be aware that the information and descriptions of products and/or services on this Website may not represent the complete descriptions of all the features and terms and conditions of those products and/or services. You must ensure that you carefully read all the features and terms and conditions of any product and/or service before availing it.
If you apply for and obtain any product and/or service through this Website, it is your responsibility to ensure that you understand and agree with the prescribed terms and conditions before entering into a contract to obtain that product or service.
Any views, opinions, advice or assistance which is given or provided to you by a third party after you have used this Website do not represent our views, opinions, advice or assistance and are not checked, monitored, reviewed, verified or endorsed by us. We do not endorse, recommend or take responsibility for any third party who provides you with any views, opinions advice or assistance. You act or refrain from acting on any third party’s views, opinions, advice or assistance at your sole risk and sole discretion and you are solely responsible for any decision to act or refrain from acting on such views, opinions, advice or assistance. We are not responsible or liable for any loss or damage you may suffer or incur in connection with such views, opinions, advice or assistance including in relation to their accuracy, truthfulness or completeness or for any acts, omissions, errors or defaults of any third party in connection with such views, opinions, advice or assistance.
In no event shall we and/or our affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked Sites, products, and services obtained through this Site; or otherwise arising out of the access to, display of or use of this Site) whether based on a theory of negligence, contract, tort, strict liability, or otherwise.
Please be aware that there may be other products or services available in the market which are not shown on this Website and which may be more appropriate or suitable for you than those shown on this Website.
All transaction on the platform are among the Users and not with platform. The role of platform is to provide technology/ infrastructure to facilities the transaction among the users.Platform shall not have any financial or otherwise liability for the transactions by and amongst the users on the platform.
The Website disclaims, and the User waives off, any and all claims/liabilities arising out of any unlawful usage of the Website, the personal information of the User, which are caused owing to causes beyond the control of the Website. While the Website employs best efforts to ensure the aforesaid, it cannot guarantee the same. No User shall trade or sell such User accounts in any manner whatsoever.
Notwithstanding anything contained herein, the Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. The Website may intimate the Users from time to time regarding such inaccessibility. However, under no circumstances will the Website be held liable for any losses or claims arising out of such inaccessibility to the Users, and the User expressly waives off any and all claims/liabilities arising to this end.
Responsibilities of Users
You must take all reasonable precautions (including using appropriate virus checking software) to ensure that any information, content, material or data you provide is free from viruses, spyware, malicious software, trojans, worms, logic bombs and anything else which may have a contaminating, harmful or destructive effect on any part of this Website or any other technology.
You may complete a registration process as part of your use of this Website which may include the creation of a username, password and/or other identification information. Any username, password and/or other identification information must be kept confidential by you and must not be disclosed to, or shared with, anyone. Where you do disclose to or share with anyone your username, password and/or other identification information, you are solely responsible for all activities undertaken on this Website using your username, password and/or other identification information.
It is your responsibility to check and ensure that all information, content, material or data you provide on this Website is correct, complete, accurate and not misleading and that you disclose all relevant facts. We do not accept any responsibility or liability for any loss or damage you may suffer or incur if any information, content, material or data you provide on this Website is not correct, complete and accurate or if it is misleading or if you fail to disclose all relevant facts.
You must get permission from any other person about whom you propose to provide information before you provide it. In submitting any other person’s details, you are confirming to us that you have their permission to do so and that they understand how their details will be used.
You are solely liable for any impersonation or fraud that you may commit while submitting any information on this Website and the resultant damage or injury that such impersonation or fraud may cause to us or to any third party. We, and such affected third parties shall have the rights to initiate such legal action against you as deemed fit.
You shall reach out to the platform in case of any grievances for resolution. The platform shall attempt to resolve the same in best effort basis. You shall not post, air, submit any adverse opinion, comment, review or views on any community, public, social and digital platform which is detrimental to the platform in any manner.
You undertake to comply with all laws, rules and regulations in force at all times during the subsistence of these terms within the territory of India. You are solely responsible and liable for your conduct on this Website and for your User Content.
Indemnity
You agree that you will be liable to us for any damage, loss, claim, demand, liability or expense that we may suffer or incur arising out of or in connection with your conduct on this Website and/or your User Content.
You agree to indemnify us for and hold us and our officers, directors, agents, subsidiaries, joint ventures, and employees harmless from any claims, causes of action, damages, losses, demands, liabilities, recoveries, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees arising out of or related to your breach of this T&C or arising out of your violation of any law or the rights of a third party, or your use/conduct on this Website.
Complaints/Grievances
Our aim is always to provide you with an excellent service. If you are unhappy with our service for any reason or have complain or grievance of any kind, you can inform us about the same by sending email at connect@mcred.com.
We will aim to resolve your complaint as soon as possible and if we are not able to do so within two working days, we will provide you with an acknowledgement. After we have had an opportunity to investigate your concerns, we will issue you with a final response.
If you remain dissatisfied with our response or in case of any kind of disputes, differences, controversies relating to or arising out of our products or services or acts or relating to the use of this Website all such disputes, differences and controversies shall be finally, exclusively and conclusively settled by Arbitration in accordance with the Rules of Arbitration under the provisions of Arbitration and Conciliation Act, 1996. The Arbitration shall be conducted in English Language and venue for such arbitration shall be Mumbai, India. The Award of Arbitral Tribunal shall be final and binding on the parties to the dispute. The cost of the Arbitration shall be borne by the respective parties.
Privacy
We are committed to protecting your privacy and we treat your privacy very seriously. We process information about you in line with our Privacy Policy. By using this Website, you agree to the way in which we process and deal with your personal information. We may disclose your personal information or access your account if required to do so by law, any court, the Financial Services Authority, or any other applicable regulatory, compliance, Governmental or law enforcement agency.
Miscellaneous
We make no warranty or representation that any product or service referred to on this Website and/or any service we provide is available or otherwise appropriate for use outside India. If you choose to use this Website from locations outside India, you do so at your sole risk and you are responsible for compliance with all applicable local laws.
If any provision of these T&C is held to be unlawful, invalid or unenforceable, that provision shall be deemed deleted from these T&C and the validity and enforceability of the remaining provisions of these T&C shall not be affected. These T&C constitute the entire agreement between you and us relating to your access to and use of this Website and supersedes any prior agreements (including any previous terms of use of this Website).
No failure or delay by us in exercising any right under these T&C will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right.
Governing Law
These T&C and your access to and use of this Website shall be governed by and interpreted in accordance with Indian laws. Each of you and us submits to the exclusive jurisdiction of the courts of Mumbai, India in connection with these T&C and your access to and use of this Website (including any claims or disputes).
Survival of Terms
Notwithstanding any other provisions of this T&C, or any general legal principles to the contrary, any provision of this T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T&C.