Terms and Conditions of Use(“Terms of Use”)
INTRODUCTION
Mulltiply, Inc (hereinafter referred to as the Company) is a company incorporated and registered in the United States of America having its Headquarters at 2026 Lynn Ave, Los Gatos CA USA 95032. The company is engaged in the development, maintenance, and designing of the software applications for mobile, computers and other electronic devices.
The company is also the exclusive owner and developer of the application “Mulltiply” which is available on Google Play Store, Apple Store and other similar platforms for download and use by the general public. The mobile application and the website shall together be referred to as the “application”.
The Company has herewith granted to Mulltiply Tech India Pvt Ltd an exclusive license and right to market and distribute, within the territorial boundaries of India, the software and services associated with the Mulltiply software.
The present “terms of use” constitute a binding and enforceable legal contract between the Company and the user (as defined below). The user represents that he/she has the legal capacity to enter the contract either in his/her personal capacity or representative capacity for any entity or organisation.
The Company reserves the right to make changes to the present terms from time to time by posting the new and updated version on the website or mobile application. The continued use of the application confirms the user’s consent to the updated/modified terms of use. The user is encouraged to regularly visit the platform (mobile or website) to be abreast about the updated terms.
By using the Services, you agree that you have read, understood, and are bound by these Terms, and that you comply with the requirements listed herein.
By either using the present application and/or consenting to the present “terms of use” by ticking the check box, the “user” has agreed and consented to the present “terms of use”.
SERVICES
The Application developed by the Company is in the nature of a digital ledger where the user can maintain data entries related to business activities that includes payments, transactions, orders, salaries, attendance employee record, online payments etc. The Application further provides several other services such as facilitating online payments and receipts, settlement of payments and other such ancillary services necessary to maintain and update the application. The Application offers several other features which makes it easier for the user (individuals, small business owners and other entities) to maintain ledger accounts of the customers, send them reminders for the payments, preparation of tax invoices, payment receipts, quotation etc.
USER
The user represents any individual, entity, organisation (whether incorporated or not) who is operating the present software application either by downloading the same on their computer system, mobile or by using the “web version” of the application on the world wide web through browser application.
By using, downloading, operating, accessing the application the user has impliedly agreed and consented to the present terms of use.
USE OF APPLICATION
- That the user maybe required to create an account and provide personal information for using the application.
- The user warrants that all the information provided on the application is true and correct to his/her best knowledge. The user shall solely be responsible for providing any misinformation.
- In the event of any change in the information, the user undertakes to update the same on the platform. Denial of service for the lack of information or deficient information shall not be the responsibility of the company.
- The user is solely responsible for maintaining the security and confidentiality of the information available on the platform. It is the user’s responsibility to prevent sharing of the account information and password with any unauthorised user and the company shall not be responsible for the same.
- The user expressly agrees that any activity on his/her account shall be their responsibility and the user is accountable for the same.
- The user agrees to receive from the company any information with respect to transactions, updates, requests for payments, information about the services, promotional offers from the company and its third-party partners and any other information.
- The Company require the user to update any information or documents for identification (KYC) that maybe necessary as part for providing the services and the user undertakes to do so. The denial of service by the company on account of failure of the user to provide any such document for identification shall be at the risk and costs of the user alone.
- The user maybe required to update and upload transaction information as part and process of the use of the application and its services. That any such sharing of the information and details by the user shall be at his/her own risk and responsibility.
- The company bears no responsibility with respect to any of the results, evaluations, arithmetical processing, display of information, observations etc. whatsoever on the application and its services. The reliance of the user upon the application and its services is at his/her own risk.
- The user may seek to create profiles or accounts or books of its customers as part and parcel of the use of the application. The user undertakes to obtain the consent from his/her customer before creating such profiles and sharing their information related to financial transactions and personal information.
- That in case any of the customers of the user objects to such sharing of information the Company shall be entitled to terminate the services with respect to such customer of the user forthwith.
MULLTIPLY IS A MARKETPLACE VENUE
Mulltiply is a platform to allow users, subject to compliance with Mulltiply’s policies,to maintain data entries related to business activities that includes payments, transactions, orders, salaries, attendance, inventory, employee record, online payments et. Mulltiply may not be directly involved in the transaction between user(s) and third party professional(s), ensuing no control by reasons whatsoever in any aspect of your transactions with Third Parties, and the Third Parties are solely responsible to you for all aspects of your transactions with them. Mulltiply is only providing a platform through which the user can send information about the payment processed externally. The payment between the buyer and the sellers/third parties is an independent contract between the parties concerned and Mulltiply assumes no responsibility regarding such transactions.
Person to Person [“P2P”] use is at your sole risk and we assume no responsibility for the underlying transaction of funds, or the actions or identity of any transfer recipient or sender. Disputes regarding funds are between you and the sender of a payment. If a sender files a claim for a chargeback after a P2P transaction, we are not responsible for determining the veracity of claims or the disposition of the payment.
ACCESS OF INFORMATION
- The Company may be required to access the SMS, contacts, messages, camera, microphone, phonebook, location etc. of the user to provide complete and enhanced experience for the use of the services and application. That failure of the user to afford such consent may result to denial of services by the Company.
- The User explicitly consents that we may request you to provide your Aadhar, PAN and Know-Your-Customer [“KYC”], details or any other required Government IDs, to check your eligibility for certain products/services including but not limited to credit and payment products, etc., to enhance your experience and provide you access to the services being offered by us, our affiliates or other third party service providers (including lenders).
- Further, the User also consents to sharing of Information (including sensitive personal information) when it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing the Terms of Use or for complying with the applicable laws and regulations. We may also present information related to credit records, User spends, patterns and User data tracked by us only in the form of aggregated statistics on data such as overall app usage by date, time, balances, etc. within our App/Site or to our partners.
RESPONSIBILITY
- The Company is not responsible for any information, observations, mathematical results, evaluations, results that may occur as part of the use of the application.
- That no information displayed as a result of the use of the application shall be ever considered as any legal or financial advice. That any reliance placed by the user shall be at his/her own risk and responsibility.
- That the user is responsible for complying with any applicable laws and any breach that may occur shall be at the sole risk and responsibility of the user.
- That the user is responsible for creating any backup of their financial transactions and information on their own computers. That although the Company makes efforts to retain all the information on its servers.
- The user shall not use the services in any manner except as permitted in the present terms of use. The user shall not user the application for infringement of any proprietary rights of any third party whether directly or indirectly. The use of services to transmit any virus, Trojan, or any harmful programs or upload any materials that is designed to harmfully affect any computers is strictly prohibited.
- That the application shall not be used by the user for any illegal, unethical or immoral purposes. If it comes to the knowledge of the Company that the user is violating the terms of use the Company shall be entitled to deny the services to such user and take appropriate legal action.
- The user shall not host, display, upload, modify, publish, transmit, store, update or share any information that, —
- belongs to another person and to which the user does not have any right;
- is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating, or
- encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to child;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonates another person;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
VIOLATION OF LAWS
- The Company shall be entitled to take appropriate legal action against the user and deny services if it is found out that the application is used for any of the following purposes: -
- Transmitting pornography, depiction of women or children in any harmful or obscene manner, defamatory purposes, inciting violence, hate, hurting religious sentiments, acts against the state, etc.
- Engage in the systematic retrieval of content from the application for compilation of data
- Use of any automation software or bots for the purpose of recreating or copying the process of the application
- Transmission of harmful softwares or applications for malicious attacks on the computer systems
- Engaging in money laundering, embezzlement or any other illegal activity
- Engaging in sale or purchase of goods or services that are either explicitly prohibited or immoral or unethical in nature as per the determination of the Company.
- That the Company shall be entitled to deny its services to any user without assigning any reasons.
TERMINATION OR DISCONTIUATION OF SERVICES
The company shall be entitled to discontinue its services at any given point of time and shall not be responsible for any loss of information to the user or any incidental loss that may occur to the user for such discontinuation of services by the Company. The user is operating the application at their own risk and responsibility.
DISCLAIMERS AND WARRANTIES
- That the use of the application is at the sole risk of the user
- The services provided by the Company do not constitute financial product
- The services provided by the Company are on “as is” and “as available basis”.
- To the fullest extent permissible under applicable law, the Company expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
- The user accepts all responsibility of any consequences that may arise out of the use of the application whether financial or otherwise.
- The Company and/or its affiliates or related parties shall have no responsibility for any indirect, incidental, special or consequential damage or any loss of revenue or profits arising under, directly or indirectly using the application. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless the Company, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.
INDEMNITY
You shall indemnify, defend at the Company’s option, and hold the Company, its parent companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of your access to the Services, use of the Services, violation of these Terms or any infringement by any third party who may use your account with the Company, of these Terms.
USE AND COLLECTION OF DATA
- The Company may collect directly or through any third party any personal information of the user, technical data, usage patterns, and any other such information in accordance with the privacy policy and applicable laws.
- That such information shall be used to enhance the user experience and improve the services
- That the Company may be directed by the law enforcement agencies to disclose any personal information of the user or any other data as may be required under law for any investigation or any other legal purposes. The user unequivocally agrees and consents to any such disclosure of data and information by the company.
- The present policy has to be read in consonance with the “Terms of Use” of the company’s mobile application and website.
CHILDREN'S PRIVACY POLICY
The services of Mulltiply are not directed to children under the age of 18, and we do not knowingly collect personal information from children under the age of 18 without obtaining parental consent. If you are under 18 years of age, then please do not use or access the Mulltiply Services at any time or in any manner. If we learn that personal information has been collected on the Mulltiply App/Website from persons under 18 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 18 years of age has provided personal information, then you may alert us as set forth in the“Contact Us” of our App/Website and request that we delete that child’s personal information from our systems.
PAYMENT AND CHARGES FOR USE OF SERVICES
- The Company may charge at its sole discretion service or usage charges from the user(s) and non-payment may result in denial of services.
GOVERNING LAWS AND JURISDICTION
- The user agrees that the terms of use shall be governed, construed and enforced as per the laws of India.
- Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration that shall take place at New Delhi in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator to be appointed by the parties mutually. The language of the arbitration shall be English.
COMPLAINTS
If we receive a complaint from any person with respect to your activities as part of use of the Services (other than where the grievance redressal mechanism provided under the head "Grievance Redressal" applies), we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy the company in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by Company to the complainant.
GRIEVANCE REDRESSAL
In case of any grievance, the term as defined under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, our Grievance Officer, Harsh Gupta., can be contacted by sending an email to[email protected] or by phone at 9301579644
SUSPENSION AND TERMINATION
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to[email protected] within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Agreement and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.