These Terms and Conditions (“Terms”) govern the use of our website available at https://www.multiply.org.in (“Website”) and mobile application available on the Google PlayStore at https://play.google.com/store/apps/details?id=com.stagingmultiplyorgin.myapp (“App”) (the Website and App are collectively referred to as the “Platform”).
These Terms constitute a binding and enforceable legal contract between Creador Conscienta LLP and its affiliates (collectively referred to as “Creador”, “we”, “us”, or “our”) and you, an end user of the Platform (“you” or “User”) in relation to your use of the Platform.
These Terms include Creador’s privacy policy, available at www.multiply.org.in/en/privacy-policy (“Privacy Policy”) and any guidelines, additional terms, policies, or disclaimers made available by or issued by Creador from time to time.
By using the Platform, you agree that you have read, understood, and to be bound by these Terms as amended from time to time, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access or use the Platform or any features or content made available on or through the Platform.
1. SERVICES
a) Creador owns and operates the Platform, which gives you access to the following services that are provided through the Platform, products, applications, and plug-ins (collectively referred to as “Services”):
i. Free-to-access, general educational resources about personal and business finances; and
ii. Educational materials regarding financial planning and management.
b) The Services are intended solely for persons who are at least 18 years old. If you are under this legal age to form a binding contract, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
2. LICENCE
a) Creador grants you a revocable, non-exclusive, non-transferable, non-sublicensable and limited licence to use the Platform and Services for your personal, non-commercial, and informational purposes only. This licence does not include any right of resale, assignment or sub-license or any other rights not expressly granted by these Terms. No licence or right is hereby granted by implication.
b) Except for the licence set forth in this Clause 2, the Terms do not transfer any Creador or third-party intellectual property to you, and all rights, title and interest in and to such property, including, without limitation, the Platform and Services, will remain solely with Creador. Creador trademarks and logos, and all other trademarks, service marks, graphics and logos used in connection with Creador or the Platform and/or Services are trademarks or registered trademarks of Creador or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Platform and/or the Services or any content available on the Platform or Services may be the trademarks of third parties. Use of the Platform or Services does not grant you any right or licence to reproduce or otherwise use any Creador or third-party trademarks.
c) You agree and warrant that you shall not reproduce any content available on the Platform or Services in any manner without the prior express written consent of Creador.
3. USER ACCOUNT
a) To avail the full features of the Platform, you may create an account (“User Account”), for which you may be required to furnish certain details including but not limited to your name, phone number, and email address. You are required to provide complete and accurate information while creating your User Account.
b) You may register for or log-in to your User Account via a third-party network, such as Facebook or Google. If you do so, you hereby authorize Creador to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third-party.
c) You are solely responsible for maintaining the security and confidentiality of your username and password and agree to immediately notify us of any disclosure or unauthorised use of your User Account or any other breach of security with respect to your User Account.
d) You agree that Creador or its partners may contact you through email or WhatsApp in relation to your use of the Platform or Services and for informational, promotional, and marketing activities that you may be interested in.
4. YOUR RESPONSIBILITIES
a) You shall not use the Platform or Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:
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- infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
- except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works, rent, or license the Platform or Services or any portion thereof offered under these Terms;
- act in any manner that is objectionable or restricts or inhibits any other person from using or enjoying the Platform or Services, or that may expose Creador or others to any harm or liability of any type;
- attempt to gain unauthorised access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any of our servers, or through the Platform, by hacking, password mining, or any other illegitimate means;
- use the Platform to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
- use any robot, spider, other automated device, or manual process to monitor or copy the Platform or Services or any portion thereof other than copying or exporting as permitted by the Terms;
- make any back-up or archival copies of the Platform or Services or any part thereof;
- use the Platform or Services in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms; or
- violate applicable laws in any manner.
b) You agree to extend all possible co-operation in relation to the Platform and/or Services as may be reasonably requested by Creador from time to time.
c) You shall obtain and maintain at your own expense all the necessary computer hardware, software, modems, connections to the internet, and other items required for the access to the internet and use of the Platform and/or Services by you.
d) You are aware of applicable laws and regulations governing your use of the Platform and/or Services. You shall be solely responsible for ensuring compliance with the various applicable laws, and you shall be solely liable for any liability that may arise due to a breach of your obligations in this regard.
e) You shall extend all cooperation, at your cost, to Creador in its defence of any proceedings that may be initiated against it due to a breach of your obligations or covenants under these Terms.
5. INTELLECTUAL PROPERTY
a) All rights, title, and interests in the Platform and Services, and all intellectual property rights including trademarks, copyrights, patents, trade secrets, moral rights, and other related rights, associated with any ideas, concepts, techniques, inventions, processes, works of authorship, and confidential information, arising out of the Platform and Services are owned by us, or otherwise licensed to us.
b) All product names, whether or not appearing with the trademark symbol, are trademarks that belong to us unless otherwise stated by us. The use or misuse of these trademarks or any other materials, except as permitted in these Terms, is expressly prohibited and may be in violation of copyright law, trademark law, and any other applicable law.
c) The contents of this Platform and Services are subject to copyright protection. The contents of the Platform and Services may not be copied, recopied, reproduced, or otherwise redistributed. You should not copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Platform or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without our express written consent or as otherwise permitted in these Terms.
d) You agree not remove or alter any of Creador’s or its licensors’ proprietary notices.
e) Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or licence to our or any third party’s intellectual property rights.
6. THIRD-PARTY SERVICES
a) The Platform may include services, content, and information owned, made available, or otherwise licensed by a third party (“Third Party Services”) or contain links to Third Party Services. You understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that the use of such Third Party Services is solely at your own risk.
b) We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness.
c) All intellectual property rights in and to Third Party Services are the property of the respective third parties.
7. WARRANTIES AND DISCLAIMERS
a) Your use of the Platform and the Services is at your own risk. To the maximum extent permitted by applicable law, this Platform, and the content available on it or through it are provided on an “as is”, and “as available” basis.
b) To the fullest extent permissible under applicable law, we expressly disclaim any warranties and conditions of any kind, whether implied or statutory, including, without limitation, merchantability, fitness for a particular purpose, accuracy, title, non-infringement of third-party rights, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranties arising out of the use of our Platform and the Services.
c) We do not guarantee that access to the Platform or the Services will be uninterrupted, or free from error, defect, loss, delay in operation, cyber-attacks, viruses, interference, hacking, malware, or other security intrusions, and we disclaim any liability relating thereto.
d) You hereby accept full responsibility for any consequences that may arise from your use of the Platform and/or Services, and expressly agree and acknowledge that Creador shall have absolutely no liability with respect to the same, including in connection with any injury that may be suffered from your use of the Platform or Services.
e) The Platform and the Services are meant solely to educate, and you are solely responsible for all your decisions and actions in response to any information and tools available on the Platform and/or Services. In the event you require advice on any legal or financial matter, you should seek such advice from an appropriate professional.
8. CONSENT TO USE DATA
a) You agree that Creador may in accordance with its Privacy Policy collect and use your information and technical data and related information, including but not limited to technical information about your device, system and application software and peripherals, that is gathered periodically to facilitate the provision of Platform updates, product support, and other services to you (if any) related to the licence granted under these Terms.
b) Creador reserves the right to utilise metadata (for example, usage statistics, access activity, etc.) in accordance with the Privacy Policy for internal purposes such as marketing, research, pricing, and technical or product development.
c) You acknowledge that Creador shall report cyber security incidents and share related information with the Indian Computer Emergency Response Team in accordance with the applicable laws.
9. CONFIDENTIALITY
a) You acknowledge that the Platform and Services contain Creador’s and its licensors’ trade secrets and confidential information. You agree to hold and maintain the Platform and Services in confidence, and not to furnish any other person with a copy of the Platform or Services. You agree to use a reasonable degree of care to protect the confidentiality of the Services. Your obligations under this Clause 9 continue even after these Terms have expired or been terminated
10. INDEMNITY
a) You agree to indemnify and hold us harmless, and our affiliates, licensors, and their respective directors, officers, members, managers, employees, and agents from and against any and all claims, demands, lawsuits, judicial proceedings, 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 or use of the Platform and/or Services, a breach of any provision of these Terms by you, or any infringement of these Terms by any third party who may use your account with us.
b) Notwithstanding anything to the contrary, the maximum aggregate liability of Creador and its affiliates for any loss shall not exceed INR 10,000 (Ten Thousand).
11. FORCE MAJEURE
a) We shall be excused from our obligations hereunder in whole or in part to the extent our performance is delayed or prevented by strikes, work stoppages or disputes, fires, floods, war, riots, epidemics, pandemics, quarantines, curfews, restrictions, non-availability or delays of transportation, accidents, compliance with and change in any laws, government orders, advisories, guidelines, rules, regulations, directions, and any other decisions of governments and relevant regulators, or any other cause beyond our reasonable control.
b) In such circumstances, our obligations hereunder shall be suspended for so long as any such contingency continues.
12. TERM AND TERMINATION
a) These Terms will remain in full force and effect as long as you continue to access or use our Platform and/or Services. We may, with or without prior notice, terminate any of the rights granted by these Terms without cause. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Platform and Services.
b) You agree that we may, in our sole discretion, suspend or terminate your use of your account on the Platform for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms.
c) Upon termination under this clause, these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
13. JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
a) These Terms shall be governed by and be construed and enforced in accordance with the laws of the Republic of India. Subject to other provisions in this Clause, courts in Mumbai shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Platform and/or Services.
b) Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Mumbai 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 13. The tribunal shall consist of 1 (One) arbitrator mutually appointed by the parties. The language of the arbitration shall be English.
c) The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than those necessary to the proceedings, any information, transcripts, or award unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
d) Each party shall bear its own costs with respect to any dispute.
14. MISCELLANEOUS
a) Modifications: We reserve the right to modify these Terms at any time and to add new or additional terms or conditions on your use of the Platform and Services. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which case these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event you refuse to accept such changes, these Terms will terminate.
b) Relationship: Nothing contained in these Terms creates any agency, partnership, or other form of joint enterprise between Creador and you.
c) Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
d) Third Party Rights: No third party shall have any rights to enforce any terms contained herein.
15. CONTACT US
You may contact us at [email protected] with any enquiry relating to these Terms or an enquiry relating to our Platform and/or Services. You can also do so by writing to our Grievance Officer at the address provided below:
Name: Surya Banda
Address: 207, 2nd Floor, Vikas Center, 96/A, CG Rd, Chembur East, Mumbai, Maharashtra 400074, India
Email Address: [email protected]
