This Agreement sets forth the terms and conditions that apply to the access and use of the website www.motlay.com(the Website), which is owned and operated by Motlay Innovations Pvt Ltd , (hereinafter referred to as MIPL/Company), a company incorporated under the laws of India and registered under the Companies Act, 1956.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF TERMS CONTAINED HEREIN CONSTITUTES THE AGREEMENT BETWEEN YOU AND MIPL FOR THE PURPOSE AS DEFINDED HEREUNDER.
KEY TERMS AND CONDITIONS
|Account Aggregator Service means a consolidated view of your Bank Balances, Current and Saving Account Balances, Credit Cards, and tracking transactions across all your Linked Accounts (defined later).|
|1. You hereby appoint MIPL/its Service Providers as an agent with a limited power of attorney to access third party sites (e.g. Bank websites/Depository Participants websites) to retrieve your information, and use such information in connection with the Account Aggregator Services.|
|2. Our Service Provider stores the user name and password for each of your Linked Accounts. However, MIPL and its Service Providers respect your privacy and shall use the information provided by you solely for the purpose of providing Account Aggregator Services.|
|3. Data and information under Account Aggregator Service is provided for informational purposes only, and is not intended for trading or transactional purposes. In case you wish to trade or perform any transactions, you will be directed to the respective third party websites, in which case you will be abiding by the terms and conditions of the respective third party websites.|
MIPL reserves the right to make changes to Terms at any time. Your continued use of the Website and/or Services shall mean your deemed acceptance of the modified Terms.
MIPL, through its third party services provider(s), hereby offers you an option to link your financial accounts (hereinafter referred to as Linked Accounts), which would enable you to have a consolidated view of the balances lying in your Linked Accounts and tracking transactions across all your Linked Accounts.
MIPL may offer additional services on certain specific Terms, from time to time, which can be activated by you at your will and consent (Additional Service(s)).
II. ACCEPTANCE OF TERMSThis Agreement describes the Terms governing the usage of the Services provided to you on the Website. Clicking I Agree to Terms & Conditions on the registration page, after you have read all the Terms of the Agreement, shall be considered as your acceptance of this Agreement. Your continued usage of the Services from time to time would also constitute acceptance of the Terms including any updation or modification thereof and you would be bound by this Agreement until this Agreement is terminated as per provisions defined herein.
Your electronic consent, accepting these Terms, represents that you have the capacity to be bound by it, or if you are acting on behalf of any person, that you have the authority to bind such person. If you choose not to accept these Terms, you will not be entitled to use the Services. However, MIPL has the option to reject your registration to this Website without assigning any reasons whatsoever.
III. YOUR REGISTRATIONUpon successful registration to the Services and payment of Subscription Fee, if applicable, your Account would be activated. You agree and understand that you are solely responsible for maintaining the confidentiality of your password which, together with your Login ID, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide, for By providing us with your email address and mobile number, you agree to receive all required notices and information electronically, to that email address or mobile number. It is your responsibility to update any changes to your email address and mobile number. m your Registration Information. MIPL shall not be liable for any unauthorized use or access, unless it is proved that the unauthorized use or access occurred solely due to reasons directly attributable to MIPL.
IV. ACCURATE REGISTRATION INFORMATIONYou shall provide true, accurate, current and complete information about yourself and the Linked Accounts and undertake to inform/update of any change in your Registration Information promptly and keep it up-to-date and accurate at all times, as it has a direct bearing on the provision of Services by MIPL. You agree not to misrepresent your identity nor will you make an attempt to make an unlawful access to the website or use of the services.
The Account Aggregator Service allows you to retrieve and view your financial information which is available on different websites, of your Linked Accounts, all at one place. In that sense, the information would be aggregated for you. The Account Aggregator Service is enabled through software which performs the function of an aggregator, whereby you, as a user, would be permitted to view your financial information related to the Linked Accounts. You shall select and choose the facility of linking your account in your sole and absolute discretion. However, the selection of the financial information/account which you choose to aggregate shall depend/vary from time to time, as per the discretion of MIPL /Software provider.
Having chosen this facility to link accounts, you, with the aid of the software, would be in a position to retrieve your own information maintained online by third party financial institutions with which you have customer relationships, maintain accounts or engage in financial transactions (Account Information). MIPL makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement.
WITH THE ACCOUNT AGGREGATOR SERVICE, YOU MAY VIEW, MAINTAIN AND MANAGE INFORMATION STORED AT VARIOUS WEBSITES. THE REGISTRATION ALLOWS YOU TO ACCESS WEBSITES OF BANKS AND FINANCIAL INSTITUTIONS WHEREIN YOU HOLD ACCOUNTS/MERCHANT ONLINE SITES BY SIGNING IN TO THE WEBSITE. You hereby authorize and permit MIPL /its Third Party Service Providers to use the information (such as account passwords and users names) submitted by you, to retrieve your Account Information for providing the Account Aggregator Services and to configure the said services so that it is compatible with the third party sites, for which you submit your information. YOU ACKNOWLEDGE AND AGREE THAT WHEN MIPL OR ITS THIRD PARTY SERVICE PROVIDERS ARE ACCESSING AND RETRIEVING INFORMATION FROM THIRD PARTY SITES, MIPL OR ITS SERVICE PROVIDERS ARE ACTING AS YOUR AGENT AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY.
WE RESPECT YOUR PRIVACY AND DO NOT INTEND TO STORE ANY OF THE PASSWORDS OF BANKS OR OTHER ACCOUNTS THAT YOU WOULD PROVIDE TO US. THE ACCESS INFORMATION/LOGIN DETAILS ARE STORED ON THE SERVERS OF RESPECTIVE WEBSITES OF BANKS/MERCHANTS ETC., AS THE CASE MAY BE. BY SIGNING INTO mBip- ACCOUNT AGGREGATOR SERVICE, THE ACCOUNTS LINKED THEREIN BY THE USER ARE AUTOMATICALLY SIGNED INTO.
You shall not be entitled to avail of the Services without the use of a user name and password. You are responsible for maintaining the confidentiality of your password and Account, and you shall not allow anyone else to use your password at any time. You are fully responsible for all activities that occur using your password or Account. Please notify MIPL immediately of any unauthorized use or access of your password or Account, or any other breach of security. MIPL will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Customer Service Requests
If you request customer service assistance or report a problem with the Services, it may be necessary for MIPL to access your mBip account and view your account information.
Obey the Law
You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of anothers privacy, abusive, threatening, or obscene, or that infringes the rights of others.
Under no circumstances shall MIPL and any of its Third Party Service Providers be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
You agree to protect and fully compensate MIPL, its affiliates, subsidiaries, licensors, suppliers and service providers, employees, officers and directors, and its affiliates, from any and all third party claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys fees) caused by or arising from your use of the Services, your violation of the Terms or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.
You shall not assign your rights and obligations under this Agreement to any other party. MIPL may assign or delegate its rights and/or obligations under this Agreement to any other party in future, directly or indirectly, or to an affiliated or group company.
Neither MIPL nor any of its third party service providers and processor bank/merchants etc. shall not be deemed to have waived any of its/their rights or remedies hereunder, unless such waiver is in writing and signed by MIPL. No delay or omission on the part of MIPL or any of its Service Providers and processor bank/merchants etc., in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
You agree that these Terms are the complete and exclusive statement of agreement between you and MIPL and supersede any proposal or prior agreement, oral or written, and any other communications between you and MIPL and its Third Party Service Providers or processor bank/merchants relating to the subject matter of these Terms. These Terms, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and MIPL and/or the processor bank.
Any dispute, controversy or claim arising out of or in relation to this Agreement, including a breach or termination thereof, shall be settled by a sole arbitrator to be appointed mutually by MIPL and you, in accordance with the provisions of the Arbitration and Conciliation Act, 1996, or amendment thereto. In the event we are unable to reach an agreement on the sole arbitrator, we agree to have a panel of three arbitrators appointed, of which one shall be appointed by each of us, and the third arbitrator appointed by the two arbitrators. The venue for arbitration shall be Delhi. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English.
Governing Law and Jurisdiction
The Website specifically prohibits you from usage of any of its Services in any countries or jurisdictions that do not corroborate to all stipulations of these Terms. The Website is specifically for users in the territory of India. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Delhi having exclusive jurisdiction.