You acknowledge that you must provide for your own access to the World Wide Web and pay all costs associated with such access and with the use of the Services, as well as procure all equipment that is necessary in order to access the World Wide Web and use the Services, including but not limited to a computer, a modem and a printer. You shall also be responsible for the maintenance of such equipment.
You agree that any notices, disclosures, agreements and other communications that we may deliver or communicate to you from time to time comply with the terms of any applicable electronic documents legislation, including the requirement that such documents be in writing, are capable of being retrieved, reviewed, printed and stored for further use by you.
Subscribers to our Idash application may provide password access to authorized users. An authorized user is a user designated by you. Such authorized users may have access to the information and perform various tasks as instructed by the subscribers which include but not limited to sharing files, and managing any other lawful tasks that the subscriber may prescribe.
MPCS may, without notice or liability, add, discontinue or revise any aspect, mode or design of the Services which include but not limited to the scope of service, time of service, or to the software/hardware required for access to the Services. MPCS may also limit the geographic locations or jurisdictions where certain Services may be available.
Without prejudice to the foregoing, should there be a failure of or error, omission, defect, deficiency, delay causing downtime, or inability of a subscriber to access the Service for any length of time, including as a result of the permanent termination of service, the subscriber acknowledges and agrees that, except as otherwise set out herein, its only remedy for any error, omission, defect, deficiency, delay or other failure of the Service whatsoever is to discontinue using the Service.
The subscribers and the users shall be responsible for maintaining the confidentiality of their usernames and password, and the subscriber will be responsible for all activities performed under their passwords, as well as unauthorized use.
The subscriber assumes sole responsibility for and shall ensure that any information, data, documents or materials used, disclosed, entered into or created on the Service shall be accurate, reliable and complete. The subscriber represents and warrants that it has obtained all required consents and complies with all applicable privacy legislation in connection with any use and disclosure of information relating to the use of the Services. MPCS accepts no responsibility for the accuracy of any information, data, documents or materials entered into or created using the Services except as otherwise set out herein. The input, posting or uploading of any information and the storage of any information, data, documents or materials on the Service by us does not constitute our endorsement nor warranty as to the compliance of such information or materials with applicable privacy legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such information or materials.
During the subsistence of the agreement to use or access our Services, the user and the subscriber agree to use our Services for the purposes that they were intended. The user shall use the Service and the Site only in accordance with the terms of this agreement.
If you register an account, you agree to provide us with true, current, complete and accurate information requested in the registration form. Your registration constitutes consent to use any personal information which you provide us in such registration. You also will select a user name and password. You are responsible for keeping your user name, password and account details confidential and up to date. Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to hold us harmless and release us from any loss or liability whatsoever that you may incur as a result of someone other than you using your password or account, either with or without your knowledge. You agree to indemnify MPCS for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.
The users shall access the information stored using the Services for lawful purposes only and may not use such information for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability.
The users agree not to publish, post, upload, distribute, provide or enter any material or information that is illegal, unlawful or can be regarded as fraudulent, libellous, malicious, threatening, offensive, profane, obscene, fanning ethnic or racial tensions, immoral or any such information which any reasonable person would consider objectionable on grounds of good conscience.
No user shall use any means to restrict or prevent another user from accessing the Site.
No user shall have the permission to submit or post any unlawful, unsolicited, unauthorized or annoying material to other persons through the use of the Services, or send any promotional materials, advertise, engage in phishing, spamming, sending out of chain letters or engage in any form of improper solicitation.
No user shall be permitted to upload material into the Site that he or she ought to know seriously infringes on the intellectual property of others, or upload material that places unnecessary load as to affect the performances of our websites, systems and equipment. You may not use the Service in a manner which could block access to, impair, damage or otherwise disable the Site or any of our servers. You may not attempt to gain unauthorized access to the Site or to any other user's accounts, computer systems or networks through password miming, keystroke logging, hacking or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer.
No user shall lease, sell, pledge, sublicense, assign or otherwise deal with the software belonging to MPCS in a manner that is inconsistent with our intellectual property rights over the software.
No user shall promote any commercial interest, falsify or delete any information on the Site, collect personal information without express authority to do so, violate any applicable laws, create a false identity or utilize the Site under false pretences.
The subscribers and the users hereby agree to release, remise and forever discharge MPCS and its affiliates, partners, service providers, vendors, and contractors and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, losses, costs, claims, complaints, demands, debts, damages, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, nor for any special, indirect or consequential, incidental or exemplary damages (collectively, a “Claim”) whether known or unknown, which now or hereafter arise from, relate to, or are connected with
whether such Claim is based in contract or tort or otherwise, even if the user has been advised of the possibility of such Claim, or such Claim was reasonably foreseeable and notwithstanding the sufficiency or insufficiency of any remedy provided for herein or in any license.
Nothing in this agreement operates to relieve MPCS of any liability from wanton or willful and reckless acts that may give rise to liability in tort or contract. In the event that MPCS becomes liable for any damages whatsoever, the users agree that such damages shall be limited in the aggregate to the amount of fees which the subscriber or user has paid to MPCS in the previous 12 month period.
MPCS may terminate this agreement and your use of the Site at any time without notice if you breach any of these terms. Subscribers may use Idash on an at-will basis until the agreement has been terminated by either party pursuant to the terms of this agreement or any related license agreement. The following are the ways in which the agreement between a subscriber and MPCS may be terminated.
Upon such termination, you must immediately cease using the Site indefinitely. We may at our option immediately block your access to the Site.
You own all of your business's private data and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Service and the Site. We hold the privacy and confidentiality of your data as one of our business' core values and we will use state of the art technology and processes to ensure that its privacy and confidentiality are maintained. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following.
If we are required to disclose your data or information, we will use our best efforts to provide you with reasonable notice in the circumstances and if appropriate the right to challenge any such request.
This Site and the Services contain links to other websites provided by third parties who offer products and services. Such sites are completely independent of this Site and as we have no control over them and we accept no liability in respect of your use or inability to use them or any of the content of such sites. We likewise accept no liability in respect to any of the products, information, materials or services offered or provided by other organizations listed or linked to this Site, nor do we endorse any of these sites or their products and services. Should the subscriber or user elect or enter into a binding contract with any such Site, you agree to hold us harmless and hereby release us from any liability whatsoever whether arising out of contract, tort or otherwise for any liability, claim, injury, loss or damage suffered as a result of the you or any user offering to accept any products or service that are available from those sites.
Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.
This Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the state of Gujarat India applicable therein as applied to agreements entered into and to be performed entirely within state of Gujarat, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. This agreement and any actions whatsoever taken by you in connection herewith and with any Service, software, tool, application or functionality, will be deemed to have been performed in state of Gujarat, India . The parties hereto irrevocably submit to the exclusive jurisdiction and venue of the courts of the state of Gujarat, India.
The website, www.idash.co.in, and the name Idash are property of Money Plus Consultancy Services, a Partnership Firm Established in Gujarat, India.
The Service allows subscribers to direct Idash to access and retrieve their own financial information maintained online by third party institutions (e.g. banks) with which they have pre-existing relationships (e.g. maintain a bank account or pay bills). MPCS works with financial institutions and other third party service providers to retrieve this information for the purpose of providing the Service. However, MPCS does not review this information for any purpose, including but not limited to accuracy. In addition, you may when using our Services be directed to websites maintained by other third party service providers. You acknowledge that any use of the products and services offered by such third party services providers will be at your sole risk. You acknowledge that use of such third party service provider websites is subject to the terms, conditions and policies established by the third party service providers. You expressly hold us harmless for and from any claims arising out of your use of the products and services of third party service providers. The availability of such third party services in connection with the Site does not constitute an endorsement, warranty, or representation as to the fitness, suitability, merchantability, title, non-infringement, quality, or accuracy of the third party provider or its products or services
Subscribers and users are responsible for maintaining the confidentiality of their login and passwords which allow them to access the Service.
You acknowledge that you intend to use the Site and the Service for business purposes and not for individual consumer, household or domestic purposes.