The following describes the terms and conditions (the “Terms and Conditions”) upon which Synergistic Financial Networks Pvt Ltd(the “Company” or “SFN” or “We” or “Mosambee”) offers POS solutions to SFN merchants or Bank merchants.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS INCLUDING THE SPECIAL CONDITIONS BEFORE USING THIS APPLICATION. BY CONTINUING TO ACCESS OR USE THIS APPLICATION OR ANY SERVICE ON THIS APPLICATION, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. We reserve the right to amend, remove, or add to these Terms and Conditions at any time. Please check the “Last modified” heading at the bottom of this document to see when the Terms and Conditions were last updated. Any changes to the Terms and Conditions will become effective when we post the revised Terms and Conditions on SFN website. Your use of the Application or Services, or your provision of personal information following any changes means that you accept the updated Terms and Conditions.
If, at any time, you do not wish to accept the Terms and Conditions, you may not use the Application. Any terms and conditions proposed by you which are in addition to, or which conflict with these Terms and Conditions are expressly rejected by the Company and will have no force or effect.
You understand and agree that SFN may discontinue or change the Application at any time, without notice. You also understand and agree that SFN may discontinue or restrict your use of this Application for any reason without notice.
Your Merchant Account
As part of the process necessary to set up an account for the Application (an “Account”) and obtain access to certain parts of the Services, you have registered with an acquirer or Mosambee, as the case maybe, to avail Mosambee related services. You must ensure that your Registration Credentials are accurate, truthful and updated. We reserve the right to block the creation of your Account based on our inability to confirm the authenticity of your Registration Credentials.
Please note that your mobile number or an agreed user credential and PIN which you provide as part of the Registration Credentials will be used to login in to the application. You will be solely responsible for maintaining the confidentiality of your PIN must immediately notify us of any unauthorized use of your Account. You are solely responsible for all activity and usage on your Mosambee application, including, but not limited to, use of the Mosambee application by any third party authorized by you to use your user id and PIN.
We reserve the right to discontinue the services, in our sole discretion, at any time without notice.
THE MOSAMBEE APPLICATION IS PROVIDED “AS IS”, WITHOUT ANY WARRANTIES. SFN, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE APPLICATION, OR THE APPLICATION ITSELF, AND SFN HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES.
IN NO EVENT SHALL SFN, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY OR TO ANYONE ELSE FOR ANY KIND OF FINANCIAL LOSS, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR ANY OTHER SIMILAR DAMAGE OR ANY OTHER LOSS OR INJURY, RESULTING DIRECTLY OR INDIRECTLY FROM USE OF THE APPLICATION, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE MOSAMBEE APPLICATION AND ANY CONTENT ON THE APPLICATION.
IN NO EVENT SHALL SFN, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY OR ANY ONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT ON THE APPLICATION OR THE APPLICATION ITSELF.
Legal Restrictions
Without limiting the foregoing, you understand that laws regarding financial transactions in India, and it is your sole obligation to ensure that you fully comply with any law, regulation or directive, applicable with regards to the use of Mosambee Application. The ability to access to our Mosambee Application does not necessarily mean that our Services, and/or your activities via the Mosambee Application, are legal under the laws, regulations or directives applicable in India.
This Mosambee Application does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such an offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation. Access to this Application, and the offering of financial services via this Mosambee Application, may be restricted in certain jurisdictions, and, accordingly, users accessing this Mosambee Application are required to inform themselves of, and to observe, such restrictions.
Limited License
SFN grants you a non-exclusive, non-transferable and limited personal license to access and use the Application (the “License”). This License is conditional on your full and continuing compliance with these Terms and Conditions. You agree not to “deep-link” to the Application, resell or permit access to the Application to others, and not to copy any materials appearing on the Mosambee Application for resale or for any other purpose to others without the prior written consent of SFN. You shall be responsible and bound by any unauthorized use of the Mosambee Application, made in breach of this section. You agree not to use any electronic communication feature of Services on the Application for any purpose that is unlawful, tortious, abusive, and intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. The License granted under these Terms and Conditions will terminate if SFN believes that any information provided by you, including (but not limited to) your Registration Credentials, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of these Terms and Conditions and all rules and guidelines for each of the Services. Upon such violation, you agree to cease accessing Services. You agree that SFN, at its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any information or content within the Services.
THERE IS NO LIABILITY OF SFN, ITS OFFICERS, DIRECTORS OR EMPLOYEES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE.
Use & Access to the Application
You shall be responsible for providing and maintaining the means by which you access the Application, which may include, but is not limited to, your mobile device, Mosambee device, and telecommunication service provider.
You shall be responsible for all access and service fees necessary to connect to the Application and assume all charges incurred by use of such connectivity services. You further assume all risks associated with the use and storage of information on your device or device through which you will gain access to the Mosambee Application and the Services (hereinafter referred to as “Device”).
You represent and warrant that you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of your Device and any information and data included therein.
You agree that SFN will not be liable in any way to you in the event of failure of or damage or destruction to your Device systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications services or Device equipment or software.
You will not in any way, whether directly or indirectly, expose SFN or any of SFN’s service providers to any Device virus or other similarly harmful or inappropriate material or device.
Company’s Rights
SFN reserves the right to suspend the operation of this Application or any part or sections of it at any time and no claims may be entertained against the Company in connection thereto.
Force Majeure
You agree that SFN will not be liable in any way to you or to any other person in the event of force majeure (including, but not limited to, the act of any government or legal authority) or for the failure of or damage or destruction to your Device systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunication service provider or Device equipment or software.
Technical Problems
You understand that while the Internet and the World Wide Web are generally reliable, technical problems or other conditions may delay or prevent you from accessing the Application.
SFN shall not be liable, and you agree not to hold or seek to hold SFN or any of its agents or service providers liable, for any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar Device problems and defects.
SFN does not represent, warrant or guarantee that you will be able to access or use the Application at times or locations of your choosing, or that SFN will have adequate capacity for the Application as a whole or in any geographic location.
SFN does not represent, warrant or guarantee that the Application will provide uninterrupted and error-free service. SFN does not make any warranties or guarantees with respect to the Application and its content, including but not limited to, warranties for merchant ability or fitness for a particular purpose.
Without limiting the foregoing SFN will not be responsible for an impossibility to execute settlements and payouts due to failures in the operation of informational systems caused by technical faults, which are beyond its control.
Trademarks and Copyrights
All rights, titles and interests in and to the contents of the Application, the “mosambee.com”, “mosambee.in”, and the “Mosambee” trademarks, services marks, trade names, and logos are owned by SFN, or its affiliates, or other licensors and are protected by copyright and trademark laws, and international treaties.
You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the Application. You will not obtain any intellectual property rights or any right or license to use such materials or the Application, other than as expressly set out in these Terms and Conditions.
Images displayed on the Application are either the property of SFN or its licensors. You agree not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights and the prior written consent of SFN.
Nothing contained on the Application may be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark without the written permission of SFN or any third party that may own the trademarks. Your use of trademarks, or any other content of the Application, except as provided herein, is strictly prohibited.
Breach
You agree to fully indemnify, defend and hold harmless SFN, its corporate affiliates and their respective officers, directors and employees immediately upon demand from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and other charges whatsoever, howsoever caused, that may arise as a result of: (i) any breach of these Terms and Conditions by you or (ii) violation by you of any law or the rights of any third party.
Without prejudice to any other rights in these Terms and Conditions, if you breach in whole or in part any provision contained herein, SFN or any of its corporate affiliates which provides Services to you reserves the right to take such action as it sees fit, including (but not limited to) terminating any agreement in place with you, terminating or blocking the Services offered to you via the Application and/or taking legal action against you.
Governing Law and Court Jurisdiction
These Terms and Conditions shall be governed by the Indian laws, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with SFN anywhere else in the world.
If any part of these Terms and Conditions are held unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Exclusive Court Jurisdiction: You agree to submit to the personal and exclusive jurisdiction of the courts located within India to settle any dispute, which may arise in relation thereto.
Disclosures
The Services hereunder are offered by SFN Limited, registered at:
A – 801/2/3 Sagar Tech Plaza,
Andheri Kurla Road,
Saki Naka,
Mumbai – 400072.
India
It is important that you be fully aware of the following point: Using a two-factor authentication for all card transactions is a must.
Special Conditions Applicable
Notwithstanding the grant of the Licenses, you agree and acknowledge that all right, title and interest in the Code and all information and data made available therein including (but not limited to) trademarks, signs, trade names, domain names, images, pictures, graphics, photographs, animations, videos, music, audio and text belong to SFN, its affiliates and/or the Third Party Providers (as applicable) and are protected by copyright and/or other intellectual property rights and/or other rights.
You are not permitted to make any alterations whatsoever to the Code including (but not limited to) alterations which hide or obscure the functionality and the look and feel (UI/UX) and links to SFN. You may not circumvent any mechanism included in the Code and/or Tools for preventing unauthorized reproduction or distribution or modification. Without prejudice to any other right, SFN is entitled to immediately block your usage of the Mosambee application and its website, in the event that you breach these provisions.
Nothing in these Terms and Condition will create any obligation on SFN to pursue or consummate any business or other relationship with you.
Last Modified: 1 December 2017