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 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
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That the user maybe required to create an account and provide
personal information for using the application.
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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.
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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.
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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.
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The user expressly agrees that any activity on his/her account
shall be their responsibility and the user is accountable for the
same.
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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.
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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.
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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.
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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.
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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.
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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
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The Company may be required to access the SMS, contacts, messages,
camera, microphone, phonebook, locationetc. 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.
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The User explicitly consents that we may request you to provide
yourAadhar, 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).
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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
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The Company is not responsible for any information, observations,
mathematical results, evaluations, results that may occur as part
of the use of the application.
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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.
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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.
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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.
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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.
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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.
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The user shall nothost, 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
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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.
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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
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That the use of the application is at the sole risk of the user
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The services provided by the Company do not constitute financial
product
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The services provided by the Company are on “as is” and “as
available basis”.
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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.
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The user accepts all responsibility of any consequences that may
arise out of the use of the application whether financial or
otherwise.
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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
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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.
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That such information shall be used to enhance the user experience
and improve the services
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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.
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The present policy has to be read in consonance with the “Terms of
Use” of the company’s mobile applicationand 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” section of our App/Website
and request that we delete that child’s personal information from
our systems.
Payment and Charges for Use of Services
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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
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The user agrees that the terms of use shall be governed, construed
and enforced as per the laws of India.
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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,___________________., can be
contacted by sending an email to __________ or by phone at
_____________.
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 ____________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.