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Terms & Conditions (End User License Agreement)
END USER LICENSE AGREEMENT
Last Updated: March 29, 2023
ACCEPTANCE OF THIS EULA
PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY CHOOSING TO TAKE ANY STEP
TO DOWNLOAD, SET-UP, INSTALL OR USE ALL OR ANY PORTION OF THE MULTI-VERSE TECHNOLOGIES
PRIVATE LIMITED’S (“MULTI-VERSE”) PRODUCT ‘MYn(“SOFTWARE”) AND ANY APPLICATION DEVELOPED
FOR AND OF THE SOFTWARE FOR ANY PLATFORM (“APP”), OR USING MULTI-VERSE’S SERVICES IN
CONNECTION WITH THE SOFTWARE, INCLUDING BUT NOT LIMITED TO: (A) ACCESS TO RESOURCES; AND
(B) ACCESS TO CONTENTS THROUGH MULTI-VERSE’S NETWORK AND/OR OTHER NETWORKS OPERATED BY
MULTI-VERSE ON THE SOFTWARE / APP (“SERVICES”), YOU (WHETHER A PERSON, ENTITY, ORGANIZATION,
BODY CORPORATE, ASSOCIATION OF PERSONS (WHETHER INCORPORATED OR NOT)) (“LICENSEE/ YOU”)
(THE TERM LICENSEE INCLUDES AN INDIVIDUAL USER (DEFINED BELOW) AND A BUSINESS USER
(DEFINED BELOW)) ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS EULA.
IF YOU, INSTALL OR USE THE SOFTWARE YOU REPRESENT THAT YOU HAVE THE CAPACITY TO ENTER INTO
THIS EULA LEGALLY. IF YOU ARE USING THE SERVICES ON BEHALF ON ANY ENTITY, YOU REPRESENT AND
WARRANT THAT YOU ARE AUTHORISED TO ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS EULA
ON SUCH ENTITY’S BEHALF AND THAT SUCH ENTITY AGREES TO BE BOUND BY THIS EULA AND INDEMNIFY
MULTI-VERSE FOR ANY VIOLATION OF THIS EULA. BY AGREEING TO THIS EULA, YOU ALSO AGREE TO THE
PRIVACY POLICY AND/OR SUCH OTHER TERMS AND POLICIES AS MAY BE ESTABLISHED OR INTRODUCED BY
MULTI-VERSE FROM TIME TO TIME.
YOU ARE REQUIRED TO REVIEW THIS EULA THOROUGHLY AND ACCEPT THE SAME BY CLICKING THE
BUTTON BELOW, PRIOR TO USING THE SOFTWARE/ APP AND ITS SERVICES. IN CASE YOU FIND ANY ERROR
IN THIS EULA, YOU MAY COMMUNICATE THE SAME TO MULTI- VERSE IN WRITING AT THE ADDRESS
PROVIDED IN CLAUSE 26 OF THIS EULA. IF ANY TERM OF THE EULA IS NOT ACCEPTABLE TO YOU, PLEASE
CEASE INSTALLING OR USING THE SOFTWARE FORTHWITH. YOUR CONTNUED USE OF THE SOFTWARE
SHALL BE DEEMED TO BE AN ACCEPTANCE BY YOU OF THE TERMS OF THE EULA.
THIS EULA MAY BE UPDATED BY MULTI-VERSE FROM TIME TO TIME. ONCE THIS EULA IS AMENDED OR
UPDATED, MULTI-VERSE WILL RELEASE THE UPDATED TERMS OF THE EULA IN THE SOFTWARE OR ON
MULTI-VERSE’S/ SOFTWARE’S WEB PAGE AT WWW.MYN.GLOBAL (https://myn.global), RESPECTIVELY.
ONCE THE UPDATED/ AMENDED TERMS OF THE EULA ARE RELEASED, THE UPDATED TERMS WILL
EFFECTIVELY SUBSTITUTE THE ORIGINAL TERMS OF THE EULA. THE LICENSEE MAY LOGIN INTO THE
SOFTWARE/ APP OR VISIT THE WEBSITE TO REVIEW THE LATEST VERSION OF THE TERMS OF THIS EULA AT
ANY TIME.
This EULA is important because it:
outlines your legal rights and obligations vis-à-vis the Software/ App;
explains the rights you give to MULTI-VERSE when you use the Software/ App;
describes the rules you need to follow while using the Services offered on the Software/ App;
contains an agreement on how to resolve any disputes that may arise;
explains the specific terms upon which you may use the Services offered on the Software/ App;
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1. SOFTWARE REQUIREMENTS
1.1. The use of the Services requires one or more compatible devices, Internet access (fees may apply),
and certain software (fees may apply), and may require obtaining updates or upgrades from time
to time. High-speed Internet access is recommended.
1.2. Since use of the Services involves hardware, software and Internet access, the Licensee’s ability to
access and use the Services may be affected by the performance of the aforesaid factors. The
Licensee acknowledges and agrees that such system requirements, which may be changed from
time to time, are the Licensee’s responsibility.
2. OWNERSHIP OF THE SOFTWARE
2.1. The Licensee understands that the Software, the App and all of its Services are the property of
MULTI-VERSE and are protected by the Indian and international copyright, trademark and other
laws. MULTI-VERSE owns and has the license to use all of the intellectual property rights relating
to the Software, the Services, the App, the website, including without limitation, all intellectual
property rights protected as trade secrets, copyrights, trademarks, service marks, trade dress, or
proprietary or confidential information, whether or not they happen to be registered. However,
any third-party software or third-party services made available to the Licensee on the Software/
App are made available under the relevant third-party software license terms which will be
applicable to You in case of your use of such software or services.
3. SOFTWARE LICENSE
3.1. Subject to the terms of this EULA, MULTI-VERSE grants the Licensee a personal, non- exclusive,
non-transferable, revocable and limited license to install and use 1 (one) copy of the Software/
App for the Licensee’s personal use. Except as expressly stated herein, this EULA does not grant
the Licensee any intellectual property rights in the Software/ App and MULTI-VERSE content , and
all rights not expressly granted are reserved by MULTI-VERSE.
3.2. This EULA will be valid for an indefinite period or until terminated in accordance with the terms of
this EULA.
4. AGE REQUIREMENTS
4.1. In order to access the Services of the Software/ App, the Licensee must:
(a) meet the legal age requirements in the respective country the Licensee is intending to use
the Services on the Software/ App from;
(b) have the power to enter into a binding contract with MULTI-VERSE and not be barred from
doing so under any applicable law; and
(c) reside in a country where the Software/ App is made available.
4.2. In case the Licensee does not meet the legal age requirement in the country in which the Licensee
intends to use the Software/ App from, the Licensee’s parent or guardian (as the case may be) will
be deemed to have accepted the terms of this EULA on the Licensee’s behalf, and in such a case,
the parent or guardian (as the case may be) shall be bound by this EULA.
5. PERSONAS ON THE SOFTWARE/APP
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5.1. The Software/ App has 4 (four) different Personas for each User Account and Business User
Account, namely ‘MYworld’, ‘MYown’, ‘MYlocal’ and ‘MYwork’ Persona (“Personas”). The default
landing homepage for every user will be the ‘MYworldpage. The user may, thereafter, navigate
to any other Persona and consume Content or interact with other Individual Users or Business
Users accordingly.
5.2. The interaction with various Personas can be engaged in the following manner:
5.2.1. MYworld: In this social interaction, the app user displays his/her public image and
interacts with the universe of MYn. He / She can create, save, record, reproduce,
distribute, display, broadcast, transmit and share his/her pictures, videos, memes,
views/opinions, audio files, recordings, graphics, and other content that the Licensee
makes available on the Software/App (“Content”). The interactions that the Licensee
would have with the universe of MYn will be based on the Licensee’s topics of interests
viz., sports, politics, entertainment, beauty, fashion etc.
5.2.2. MYlocal: MYn understands that the local environment that the Licensee exists in, plays a
pivotal role in the day-to-day interactions of the Licensee. Thus, this Persona enables the
users of the Software/App to discover, interact and connect with the persons and entities
such as cab service providers, grocery stores, pharmacies, food outlets which are geo-
located in proximity to the location of the Licensee.
5.2.3. MYown: This is the segregation of relationships that an Individual User has already
established in their lives viz. family, friends, colleagues, acquaintances. Based on the
Licensee’s relationship the Licensee can group his/her connections and interact with
his/her connections through chat, voice and video calls and share images, files, and audio
recordings with his/her connections. The Individual User also has the option to set up and
access his private cloud storage and a journaling feature.
5.2.4. MYwork: This Persona is enabled for your workplace/university. The Licensee’s
organization/university can create a Business User Account for social collaboration and
communication of the employees/students of the organization/university. In this Persona,
the Business User can share work files, documents, photos, audio works with his/her
colleagues/peers. The Licensee who has created only an Individual User Account will not
be able to access or use the ‘MYwork’ Persona till such time: (i) the Licensee has created
a Business User Account in the manner set out in the EULA; (ii) the Individual User has
joined a MYwork profile of a workplace/university as the employee/student using the
credentials provided by such workplace/university.
6. ACCOUNT CREATION
6.1. The Software/App offers allows the Licensee to create 2 (two) types of accounts: (i) user account
whereby the Licensee can interact, communicate and mingle with his/her social connections
through the interface of the Software/ App and avail the various Services provided on the
Software/App (“User Account”); and (ii) business user account on the ‘MYwork’ segment of the
Software/App (“Business User Account”) whereby the Licensee can: (a) collaborate and
communicate with his/her peers and/or colleagues, working/studying in the same
workplace/university as the Licensee; or (b) offers for sale to the users of the App, through the
‘MYlocal’ persona, any goods, which the Licensee has manufactured or is authorized to distribute,
market, advertise and/or sell; and/or (c) render service of any description to users of the App,
through the ‘MYlocal’ persona, including but is not limited to provision of taxi/cab service, mobility
as a service, entertainment, amusement, beauty/grooming and boarding/lodging. To be able to
sell goods and/or renders services on the ‘MYlocal’ Persona it is imperative for the Licensee to
create a Business User Account on the ‘MYwork’ Persona.
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6.2. To get started with using any of the Services offered on the Software/ App, the Licensee is
mandatorily required to create an Individual User Account on the Software/ App, by going to the
‘Sign Up’ section of the Software/ App and manually creating the Individual User Account using
his/ her email address and/or phone number. The Software/App may employ additional
verification steps to ensure that the Licensee is a verified user and may also display the same as a
graded metric. The system of verification will ensure that the Licensee earns a verified badge on
each stage of additional verification successfully added to his profile and add a trust factor to
his/her profile. The Licensee’s participation in additional verification is optional, and he/she may
choose to opt out. However, then the Licensee will remain on the base grade of the verification
parameter.
6.3. To create the Individual User Account, the Licensee may be required to provide the following true
and correct information (collectively, “Account Information”):
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Information
Requirement
Reason
1.
Name
Mandatory
For creating an Individual User
Account to avail the Services.
2.
Phone number
Mandatory
3.
Personal email address
Optional
For creating an Individual User
Account to avail the Services.
4.
Pin/Biometric
Mandatory
App Access security code.
5.
OTP
Mandatory
For Verification of the Individual
User.
6.
Know-Your-Customer (KYC)
details.
Optional
For further proof of
identification and creating for
Individual User Account
7.
Geo- Location
Mandatory
For creating a geo-fence to
provide accurate details to the
Individuals Users of the App on
the ‘MYlocal’ persona
8.
Photograph and Face ID
Optional
To create an environment of
trust between the users of the
App.
9. .
Organization email address
Optional
For accessing ‘MYwork’.
10. .
Topics of Interest
Mandatory to
choose
minimum 3
To align the posts in the
MYworld feed as per user
preference
6.4. [It is hereby clarified that an Account on the Software/ App can be created by just providing the
information given in clause 6.3 (2) or (3), and by providing usage of the device’s biometric access
system or a security PIN. Further, the Individual User will be asked to verify himself by answering
a set of security questions and getting peer verified by 3 other MYn users. The Licensee is provided
a unique identification and verification number known as their MYnID. This helps in creating a safe
environment on the Software/ App by eliminating fake profiles and helps vendors, communities
on the Software/ App to offer their services to the Licensee.]
6.5. On successful sign-up the Licensee gets access to the ‘MYworld’ and ‘MYlocal’ section of the
Software/App whereby the Licensee can communicate and collaborate with his/her social
connections as per his/her personality defined within the interface of the Software/ App and avail
the services provided on the ‘MYlocal’ persona.
6.6. After completing the steps enumerated in clause 6.2, the Licensee desirous of creating a Business
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User Account can either: (i) click on the ‘+’ icon of the ‘MyLocal’ Persona which will direct the
Licensee to the ‘MYwork’ Persona and thereafter the Licensee can select the role for which the
Licensee desires to be onboarded on ‘MYLocal’; or (ii) directly click on the ‘MYwork’ Persona of
the Software/App and select the role for which the Licensee desires to be onboarded on ‘MYLocal’.
6.7. To create the Business User Account, the Licensee may in addition to the Account Information
stated in clause 6.3 be required to provide the following true and correct information:
#
Information
Requirement
Reason
1.
KYC details such as;
(i) GST/TAN No.
(ii) GST Registration
Certificate.
(iii) License No.
(iv) Registration
Certificate.
(v) Aadhar No./PAN No.
Mandatory (for selling
any goods or rendering
services on MYlocal)
To verify the
genuineness and
authenticity of persons
selling goods and/or
providing services on
‘MYLocal’
2.
KYC details such as:
(i) for vehicles-
registration certificate,
PUC certificate, fitness
certificate and
insurance certificate;
and
(ii) for drivers-
Aadhar/PAN no.,
driving license, front
page of bank passbook
and certificate of
police verification.
Mandatory (for cab
service providers)
To verify the
genuineness and
authenticity of cab
service providers on
‘MYLocal’
In addition to theaforesaid information, the Licensee may be required to provide such additional
information as may specified on the Software/App.
6.8. After providing the aforesaid details, the Business User Account of the Licensee is successfully
created. Thereafter, the Licensee can click on the ‘MYwork’ Persona and proceed to update his/her
profile which profile would be visible to the users of the App on the ‘MYlocal’ Persona. The
Licensee can upload on his profile a brief description, price, images, videos and graphics of the
products sold/services offered by him/her and the Licensee can also inform the users of the App
of any discounts, offers, schemes being offered by the Licensee.
6.9. The Licensee has the right to change or delete his/her personal data, Account Information and
User Content submitted on the Software/ App through their Account in the manner prescribed
except the mandatory fields which are important to be able to access the Software/App. In case
of a Business User Account, in the event of any change in the details as mentioned in clause 6.7,
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the Licensee will immediately inform MULTI-VERSE of the same.
6.10. The Licensee acknowledges and understands that it may take up to 48 (forty-eight) hours or more
to validate and activate the Account and receive a ‘verification badge’. The Licensee further agrees
that it will not disclose its account details (including the password) to anyone and will notify
MULTI-VERSE immediately of any unauthorized use of his/ her Individual User Account or Business
User Account. The Licensee understands that the Licensee is responsible for all activities that occur
in respect of the Individual User Account or the Business User Account, irrespective of whether
the Licensee is aware of them or not.
6.11. MULTI-VERSE reserves the right to add, edit, modify, delete any information (including Individual
User Account or Business User Account Information), in the event the same, in MULTI-VERSE’s sole
discretion, is in breach of any applicable law and/ or this EULA and/or any of MULTI-VERSE’s
policies at any time. MULTI-VERSE reserves the right to force forfeiture of any Account that
remains inactive for a period of 120 (one hundred and twenty) days or violates any intellectual
property rights or misleads other users or breaches any applicable laws or the terms of this EULA
or policies of MULTI-VERSE. Further, MULTI-VERSE reserves the right to reclaim any Account (along
with the Account Information) on behalf of the businesses or individuals that hold legal claims or
intellectual property right claims over such Account Information.
6.12. The Licensee understands and acknowledges that the Licensee is responsible for (i) safeguarding
the Individual User Account and/or Business User Account details, including any passwords / pin
used to access the Account and the Software/ App; and (ii) entire use of the Software/ App and its
Services, including any purchases made or payment obligations arising under the Account.
7. PAYMENTS
7.1. While individuals creating only an Individual User Account (“User”) can access, upload Content,
view and browse the Software/App without making any payments. Any individual, organization,
body corporate, association of persons (whether incorporated or not) which has created a
Business User Account on the Software/App to either sell goods to the users of the Software/App
or render any kind of services to the users of the Software/App (“Business User”) will be required
to make payment of a monthly subscription amount to MULTI-VERSE on or before the [●] of every
month (“Monthly Subscription Amount”). The Business User shall also be required to make an
upfront payment of such amount (“Upfront Subscription Amount”) as shall be prescribed by
MULTI-VERSE for creating a Business User Account on Software/ App and execute such
documentation as may be prescribed by MULTI-VERSE in this regard. A Business User will be
responsible for all applicable fees and charges incurred, including applicable taxes. The Monthly
Subscription Amount and Upfront Subscription Amount are collectively referred to as
Subscription Amount”.
7.2. The Subscription Amount payable by the Business User shall be non-refundable, non-adjustable
and non-negotiable and the Business User shall be liable to pay the same irrespective of inter alia:
(i) the quantum or value of transactions undertaken by the Business User on the Software/App;
(ii) whether or not the Business User has availed the subscription or been able to generate any
revenue or business on the Software/App.
7.3. The Business User shall make payment of the Subscription Amount to MULTI-VERSE by using third
party wallets and/or payment gateways available on the Software/App. MULTI-VERSE shall in no
manner be responsible for any incident, transaction or occurrence of event of any nature, that
occurs between the third-party wallet/payment gateway and the Business User including
monetary transactions of any nature. The Business User is required to abide by the terms of usage,
conditions rules and regulations of the third party wallet/ payment gateway.
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7.4. The Business User is responsible for the accuracy and authenticity of the payment information
provided by him/her, including the bank account number/credit card details and any other
information requested during the process of making payment of the Subscription Amount. The
Business User represents and warrants that the Business User has the right to use any credit card,
debit card or any other instrument through which payment of Subscription Amount has been
made by the Business User. The Business User agrees and acknowledges that MULTI-VERSE shall
not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect,
incidental or consequential, including without limitation any losses due to delay in processing of
payment instruction or any credit card/debit card fraud.
7.5. MULTI-VERSE reserves the right to change, terminate or otherwise amend the Subscription
Amount and billing cycles at its sole discretion. The aforesaid amendments shall be effective upon
the amended terms of this EULA being released on the Software/App. The continued use of the
Software/App by the Business User after the release of the amended or updated terms by MULTI-
VERSE shall will be deemed to be implied consent by the Business User of the updated terms and
conditions.
7.6. The Licensee may make payments to third parties as part of the Licensee’s use of the Software/
App and its Services, through third party wallets which are made available on the Software/ App.
It is hereby clarified that the Software/ App is only a platform which connects users and
organisations with each other to facilitate sharing of ideas and collaborations. Notwithstanding
anything contained in this EULA, in no case shall MULTI-VERSE be responsible for any incident,
transaction, or occurrence of event of any nature, that occurs between the Licensee and any third
party on the Software/ App including any monetary transactions of any nature.
7.7. The Licensee hereby agrees, accepts and admits that the payment facility provided by MULTI-
VERSE on the Software/App is neither a banking nor a financial service, but by making available
third party wallets and/or payment gateways on the Software/App, MULTI-VERSE is merely
enabling and facilitating the transactions entered into between the Licensee and the third party.
Further, by making available the aforesaid payment facility, the MULTI-VERSE neither acts as a
trustee nor fiduciary with respect to transaction or transaction price.
8. RESTRICTIONS
The Licensee shall not reproduce or attempt to reproduce the Software/ App, in whole or in part
or any MULTI-VERSE Content (defined below);
8.1. sell, assign, sub-license, disclose or otherwise transfer or make available the Software/ App, in
whole or in part, to any third party;
8.2. access the Software/ App from any source other than Google Play Store or Apple App Store or such
other marketplaces authorized by MULTI-VERSE;
8.3. side load the Software/ App or download or share an .apk or any other executable file of the
Software/ App or use the Software/ App on any jailbroken device;
8.4. send unwanted or unsolicited bulk emails, postings, contact requests, SMS (text messages), instant
messages or similar electronic communication or engage in phising activities.
8.5. stalk, harass or harm another user or any third party on the Software/ App;
8.6. exploit or endanger or is harmful to any minor/ child;
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8.7. promote or support terror or hate groups;
8.8. contain false and misleading claims about vaccination safety and//or health related information;
8.9. depict or encourage self harm, suicide or self destruction;
8.10. depict animal cruelty or extreme violence towards animals;
8.11. impersonate or attempt to impersonate any person or entity or deceive or mislead any person or
entity 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;
8.12. use the Services offered by the Software/ App to promote competing services;
8.13. use the Software/ App to provide services to third parties, except in accordance with the terms of
this EULA and the Privacy Policy (available at www.myn.global (https://www.myn.global).)
8.14. implement, use, sell, distribute, transfer or permit any third party to implement, use, sell,
distribute or transfer the Software/ App (and all the intellectual property rights thereto) for the
purpose of profit making;
8.15. copy, alter, amend, run by mount or create any derivative work based on the Software/ App or
any part or component thereof, data released to any mobile communication terminal’s internal
memory by the Software/ App and interactive data between client terminal and server’s terminal
during the operation of the Software/ App. For avoidance of doubt, the forms of restricted use
include, but are not limited to, the creation of plug-ins, add-on programs or any unauthorized
third-party tools/ services that access or try to access the Software/ App or its source code and
other co-relative systems;
8.16. remove, delete or alter any proprietary notices or marks (including without limitation, the
copyright statements) on the Software/ App;
8.17. re-engineer, de-compile, disassemble, alter, translate or reverse-engineer the Software/ App (or
its source code) or any part or component thereof;
8.18. use any technology or automated system such as scripts, spiders, offline readers or bots in order
to collect or disseminate usernames, passwords, email addresses, KYC details or other data stored
on the Software/ App;
8.19. use the Software/ App to take any action to threaten the security of the network, server, any other
account on the Software/ App, without permission; attempting, without permission, to detect,
scan or test the weakness of the Software/ App or its network system;
8.20. introduce or attempt to introduce any virus, trojan, bug, bots, worms or any other malicious
program on the Software/ App or the website of the Software/ App designed to interrupt, destroy
or limit the functionality of any computer resource;
8.21. use the Software/ App to deliver, publish, transmit or store any content that contravenes the laws
of any country, or threatens the unity, integrity, national security/ defense or social stability of any
country or threatens public order and peace or harms the religious, political, racial, geographical
or ethnic sentiments of any persons, or is insulting to any other nation (including India) and
threatens the sovereignty or the friendly relations of India with foreign states;
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8.22. use the Software/ App to deliver, publish, transmit or store any content that causes incitement to
the commission of any cognisable offense or prevents investigation of any offense;
8.23. publish, deliver, transmit or store any content that is inappropriate, insulting, defamatory,
libelous, obscene (including pornographic content), lascivious, appeals to prurient interest,
violent, pedophilic, invasive of another’s privacy (including bodily privacy), artificially morphed
images of an individual, insulting or harassing on the basis of gender, racially or ethnically
objectionable or is against the laws of any country or promotes prostitution or provision of sexual
service in any manner;
8.24. publishes, delivers, transmits any information that is patently false, untrue and is written or
published in any form with an intent to mislead or harass any person, entity or agency for financial
gain or cause injury to any person;
8.25. use the Software/ App to publish, deliver, transmit or store any content that infringes the
intellectual property rights, proprietary rights, know how, trade secrets or other legal rights of any
third party which the Licensee does not have right, power, authority or license to use;
8.26. sells, leases, lends, spreads or sub-licenses the Software/ App and/ or its Services or gain profits
from using the Software/ App and/or its Services; and
8.27. use the Software/ App and its Services in any other illegal manner (including relating to or
encouraging money laundering or gambling), for any illegal purpose or in any form which is in
contravention of the terms of this EULA.
9. DE-ACTIVATION OF ACCOUNT
9.1. The Individual User may choose to de-activate his/her Individual User Account in the manner
specified in the Software/App which will automatically result in deletion of all the Individual User
Account information, subject to applicable laws. The Individual User hereby acknowledges that
the deleted data will not be recovered, and the User bears the risk associated with such action.
Further, the Individual User understands that MULTI-VERSE may store and preserve such deleted
data of the Individual User on its servers for a certain period to comply with applicable laws.
9.2. The Business User who registers itself through ‘MYwork’ can cancel its subscription to the
Software/ App and de-activate its Business User Account at any time via the relevant application
marketplace on its Device. Such cancellation will become effective 30 (thirty) days from the date
on which the cancellation was received and accepted. Please note that cancellation of the
subscription by such Business User has no bearing on an active subscription for which such
Business User has already been charged. Upon cancellation, the Business User will continue to
have access to the Services (subject to this EULA), until the end of the month for which the Business
User has already been charged. Upon, the cancellation of the Business User Account becoming
effective all the Business User Account information will be deleted subject to applicable law.
Further, the Business User understands that MULTI-VERSE may store and preserve such deleted
data of the Individual User on its servers for a certain period to comply with applicable laws.
10. RIGHT TO REMOVE USER CONTENT
10.1. In the event, MULTI-VERSE either on its own or on receipt of a complaint by any third party, is of
the prima facie opinion that any User Content uploaded by the Individual User and/or the Business
User on the Software/App is in violation of the terms of this EULA or Privacy Policy, MULTI-VERSE
may forthwith and without offering the Individual User/Business User any opportunity to put forth
any representation or appeal, remove or block such User Content from the Software/App. In
respect of such removal, MULTI-VERSE shall not in any manner be responsible or liable to the
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Individual User/Business User for the same.
10.2. MULTI-VERSE shall on receipt of any direction, notification, order, judgment, decree, award, from
any court of competent jurisdiction, tribunal, judicial or quasi-judicial authority, government
department, agency. ministry or any governmental authority, directing, mandating or requiring
MULTI-VERSE to remove or take down any User Content uploaded, posted, transmitted,
reproduced or distributed on the Software/App, forthwith remove such User Content from the
Software/App and for such removal MULTI-VERSE shall not in any manner be responsible, liable
or answerable to the Individual User/Business User.
11. TERMINATION OF LICENSE
11.1. If the Licensee breaches any of the terms contained in this EULA or the Privacy Policy; MULTI-
VERSE, at its sole and absolute discretion, can immediately terminate, suspend in part or whole,
or restrict the Licensee’s right to access or use the Software/ App (including its Services) without
any notice. MULTI-VERSE reserves the right, at its sole discretion and in all instances, to determine
whether the Licensee has or has not complied with any provision of this EULA.
11.2. Once the license is terminated or suspended, the Licensee may not be entitled, if MULTI- VERSE
deems so, to continue to use the Services under the same Account, a different Account or re-
register under a new Account, and the Licensee’s right to use the Software/ App will immediately
cease.
11.3. Any suspension or termination will not affect the Licensee’s obligations towards MULTI-VERSE
under this EULA, which by their nature are intended to survive such suspension or termination.
11.4. Any suspension or termination shall not entitle a Business User to claim refund of any payments
made towards subscription of Services offered on the Software/ App in accordance clause 7,
above.
12. SOFTWARE/ APP UPDATES/ USE OF LICENSEE’S DEVICE
12.1. MULTI-VERSE reserves the right to unilaterally change or restrict the functional aspects of the
Software/ App for the purpose of business development or pursuant to directions from any
governmental authority or in course of compliance with applicable laws and MULTI-VERSE takes
no responsibility whatsoever in respect of any damages, losses (direct or indirect) suffered by the
Licensee as a result of such change or restriction on the Software/ App.
12.2. MULTI-VERSE reserves the right to amend or suspend the Services on the Software/ App at any
time and without any prior notice to the Licensee. MULTI-VERSE will not be responsible to the
Licensee or any third party for MULTI-VERSE’s exercise of its right to amend or suspend the
Services offered on the Software/ App or the Software/ App itself.
12.3. In order for MULTI-VERSE to provide the Software/ App to the Licensee, MULTI-VERSE may require
virtual access rights to and/or use of the Licensee’s Device that the Licensee uses to access the
Software/ App. For example, use of the Device’s processor, location and storage to complete the
relevant Software/ App installation or need to access the Licensee’s contact list to provide certain
interactive functions within the Software/ App.
12.4. MULTI-VERSE will provide further information regarding how the Software/ App uses and accesses
the Licensee’s device either (i) within the Software/ App; or (ii) in the manner prescribed by the
relevant app store. The Licensee agrees to give MULTI-VERSE the access to and use of the Device
and the Licensee acknowledges that if it does not provide MULTI- VERSE with such right of use or
access, the Licensee may not be able to enjoy the Software/ App (or certain features of the
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Software/ App).
12.5. MULTI-VERSE is not responsible for any third-party charges that the Licensee incurs(including any
charges from the internet service providers) in relation to the use of the Software/ App by the
Licensee.
13. THIRD PARTY CONTENT AND SERVICES
13.1. The Services offered by the Software/ App may be integrated with or may otherwise interact with
third party applications, websites, micro-applications and services to make the Services available
to the Licensee. These third-party applications or micro-applications may have their own terms
and conditions of use and privacy policies and the Licensee’s use of these third- party applications
on their Devices will be governed by and subject to such terms and conditions and privacy policies.
MULTI-VERSE is not responsible for and does not endorse, support or guarantee the lawfulness,
accuracy or reliability of any content submitted to, transmitted or displayed on the Software/ App
(or the website), including content provided by users of the Software/ App or by our advertisers
or by the micro-applications registered deployed and integrated on our Software/ App. The
Licensee acknowledges and agrees that by using the Software/ App, the Licensee may be exposed
to content which is inaccurate, misleading, defamatory, offensive or unlawful. Further, the
Licensee acknowledges and agrees that the Software/ App is only a platform connecting the
Licensee with other users and third parties offering goods and services and that by using the
Software/ App, the Licensee may be exposed to services or micro-applications which may be
harmful or fraudulent in nature. Any reliance on or use of any content/ micro-application on or
accessible from the Software/ App by the Licensee is at the Licensee’s own risk and MULTI-VERSE
shall not be responsible for any claims/ liabilities arising out of such use in any manner whatsoever.
13.2. MULTI-VERSE does not guarantee the quality, reliability or suitability of any third party services,
programs or websites provided, made available, advertised or linked through the Software/ App
and MULTI-VERSE will not bear any responsibility for the Licensee’s use of or relationship with any
such third party services, including any payment obligations or fees that the Licensee may incur by
use of such third party services or their websites accessed through the Software/ App.
14. ADVERTISING
14.1. As a principle, MULTI-VERSE will not use any personal data shared by you to serve any targeted
advertisements. MULTI-VERSE may include advertising on the Software/ App. The Licensee agrees
that MULTI-VERSE may integrate, display and/or otherwise communicate advertising content on
the Software/ App in the ‘MYworld’ and ‘MYlocal’ Persona in the manner set out in more detail in
the Privacy Policy available at: www.myn.global (https://www.myn.global).
15. INTELLECTUAL PROPERTY RIGHTS
15.1. For purposes of this EULA, (i) MULTI-VERSE Contentmeans the Services, and all information
and/ or content that you see, hear or otherwise experience on the Software/ App including but
not limited to text, graphic, images, music, software, audio, video, stills, works of authorship of
any kind, and information or other materials that are posted, transmitted, displayed, generated or
otherwise made available through the Software/ App; (ii) “User Content” means any content that
the Licensee makes available on the Software/ App, and shall include the Content, however, it
does not include Account Information.
15.2. MULTI-VERSE does not claim ownership rights in any User Content that the Licensee makes
available through the use of the Software/ App. By displaying, publishing or making available any
User Content on or through the Software/ App, the Licensee grants MULTI-VERSE a non- exclusive,
fully paid and royalty free, worldwide, limited license to use, modify, delete from, add to, publicly
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perform, publicly display, reproduce, translate and create derivative works of such User Content,
including without limitation, distributing part of all of the User Content in any media format
through any media channel.
15.3. The Licensee hereby grants to MULTI-VERSE, a sub-licensable, irrevocable, perpetual and
worldwide license to commercially use and exploit, wholly and without limitation, any and all of
the User Content and/or part thereof, through any and all modes, media and formats for the
following:(i) to advertise, publicize and/or promote the User Content in connection with the use,
sale, performance and/or distribution of the User Content including displaying advertisements on
or within the User Content or charging the Licensee fees to access and view the User Content; (ii)
to communicate to the public, the User Content through all modes and mediums now known or
invented and/or developed in future, including but not limited to, broadcast or through any other
present future broadcast media; and (iii) to synchronize the User Content with other content in
any manner and to any extent whatsoever . The Licensee acknowledges and confirms that it shall
not be entitled to receive any revenue and/or any part thereof generated on account of inclusion
of the User Content in any commercial campaign for the Software/ App by MULTI- VERSE. Licensee
also agrees to waive any “moral rights” (or the equivalent under applicable law), such as the right
to be identified as the author of the User Content, the right to object to derogatory treatment of
such User Content.
15.4. MULTI-VERSE grants the Licensee a license as described in clause 3.1 above. The Services made
available through the Software/ App are not sold or transferred to the Licensee and MULTI-VERSE
and its licensors, if any, retain ownership of all copies of the Software/ App (including the website),
software applications, data, content, visuals, stills, etc. even after installation on the Licensee’s
personal computer, mobile handsets, tablets, wearable devices, smart speakers, IoT devices,
smart-home hubs and/or other devices (“Devices”). The Licensee will not use, copy, adapt, modify,
prepare derivate works based upon, distribute, license, sell, transfer, publicly display, transform,
stream, broadcast or otherwise exploit MULTI- VERSE’s Content, except as expressly permitted in
this EULA, without MULTI-VERSE’s express prior written consent. No license or rights are granted
to the Licensee by implication or otherwise under any intellectual property rights owned or
controlled by MULTI-VERSE or its licensors, except for the licenses and rights expressly granted in
this EULA.
15.5. MULTI-VERSE will be entitled to use the brand and logo of the Business Users for its promotional
activities.
16. ERRORS, INACCURACIES AND OMISSIONS
16.1. Occasionally there may be information on the Software/ App that contain errors, inaccuracies or
omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve
the right to correct any errors, inaccuracies or omissions, and to change or update information if
any information on the Software/ App or on any related website is inaccurate at any time without
prior notice.
16.2. We undertake no obligation to update, amend or clarify information on the Software/ App or on
any related website except as required by law. No specified update or refresh date applied in the
Services or on any related website should be taken to indicate that all information on the
Software/ App or on any related website has been modified or updated.
16.3. Furthermore, there may be occasions when the Services on the Software/ App are interrupted for
scheduled maintenance or upgrades, for emergency repairs, or due to failure of
telecommunications links and equipment that are beyond MULTI-VERSE’s control, that may
further result in loss of certain or all content, features, and functionalities.
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17. DISCLAIMER OF WARRANTIES
17.1. The Licensee expressly agrees that use of the Software/ App (including its Services) thereon is at
its sole risk. The Software/ App and its Services are provided on an as is and as availablebasis.
MULTI-VERSE expressly disclaims any and all liabilities, warranties, representations, conditions, or
indemnities of any kind, whether express or implied including, but not limited to any and all
liabilities and warranties of fitness for a particular use or purpose, non-infringement, title,
operability, condition, value, accuracy of data and system integration.
17.2. MULTI-VERSE and/or its affiliates expressly disclaim any liabilities and warranties regarding
security, accuracy, reliability, timeliness and performance of the Software/ App or that the
Software/ App and its Services will be error free or that any errors will be corrected. No advice or
information provided to you by MULTI-VERSE will create any liability or warranty that is not
expressly stated in this EULA.
17.3. MULTI-VERSE and/or its affiliates expressly disclaim any and all responsibility and/or liability in
relation to any transaction undertaken by the Licensee with any Business User on the ‘MYlocal’
Persona of the App. All contractual/ commercial terms agreed upon between the Licensee and the
Business User are agreed upon between the Licensee and the Business User alone and MULTI-
VERSE does not in any manner exercise any power, influence, control or in any manner involve
itself in determining the price that is payable by the Licensee to the Business User in relation to
the sale of the goods or provision of services.
17.4. MULTI-VERSE makes no representations, warranties or guarantees in relation to inter alia: (i) the
quality, fitness or reliability of the goods or services offered for sale on the Platform and/or (ii) the
solvency, financial wherewithal, competency and ability of the Individual Users who enter into
transactions with the Business Users
17.5. MULTI-VERSE makes no representations concerning, and does not guarantee, the accuracy of the
Services offered on the Software/ App, including but not limited to, any information provided
through the Software/ App or their applicability to the Licensee’s individual circumstances.
17.6. MULTI-VERSE does not review the User Content submitted by the Licensee. MULTI-VERSE does
not necessarily endorse any opinion contained in such User Content. MULTI-VERSE makes no
warranties or representations, express or implied, about the User Content, including as to its
legality or accuracy.
17.7. The Individual User understands and acknowledges that a Business User registered on MYworld
may send the User push notifications or advertisements depending on the Business User’s own
terms and conditions. MULTI-VERSE shall not be responsible for any interaction between the User
and the Business User. The Individual User acknowledges and agrees that the Software/ App is
only a platform being provided by MULTI-VERSE to the Individual User to interact with various
users including the Business Users.
18. REPRESENTATIONS, WARRANTIES, UNDERTAKINGS AND INDEMNITY
18.1. The Individual User covenants that it shall:
(a) comply with any and all applicable laws and/or such other rules and guidelines as may be
applicable to the Licensee;
(b) comply with all of the Licensee’s wireless carrier’s / data provider’s terms and conditions;
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(c) not breach any of the terms set forth in this EULA;
(d) verify and affirm the accuracy and truthfulness of all the information the Licensee
provides to MULTI-VERSE;
(e) not upload any information on the Software/ App that will infringe any third party rights,
including without limitation, intellectual property rights and rights of privacy or publicity;
(f) he/she shall in the manner and at the period as may be mutually decided between the
Individual User and Business User pay to the Business User the monies that are liable to
be paid to the Business User for providing the goods/services to the Individual User.
18.2. In addition to the above, Business User, to the extent applicable, covenants that:
(a) To the extent the Business User is a company, partnership entity or other entity:
(i) it is duly incorporated, organized and validly existing under the laws of country in
which it is incorporated.
(ii) it has full power and authority to enter into, execute and deliver this EULA and to
carry out its obligations under this EULA. The execution and delivery of this EULA
has been duly authorized by all required corporate action of the Business User,
and no other corporate action on its part is necessary to authorize the execution
or delivery of this EULA; and
(iii) the execution, delivery and performance by it of this EULA complies with its
constitution documents.
(b) The execution, delivery and performance of this EULA by itself and the matters
contemplated hereby do not and will not violate the provisions of any law or any rule
made pursuant to any law or any guideline or other requirements or order of any
governmental body or regulatory authority (whether or not having the force of law) and
that all requirements of any such law, guidelines, direction or order have been fully
complied with and satisfied;
(c) The Business User has obtained and shall continue to obtain and maintain all the
necessary consents, authorizations, permits, licenses, approvals, permissions and
sanctions that may be required by the Business User under applicable law in relation to
the products sold by the Business User and/or services offered by the Business User;
(d) All products sold pursuant to this EULA are not and will not be subject to any health,
safety, defect or product quality recall or prohibitive order of any governmental authority
or otherwise not disallowed to be sold through online sales or prohibited under any
applicable law;
(e) There is no action, suit, proceeding, claim, arbitration, inquiry or investigation pending
against the Business User, its activities, properties or assets or for its winding up which
may materially affect its financial condition. It is not a party to or subject to the provisions
of any order, writ, injunction, judgment or decree of any court or governmental authority
or instrumentality which affects the business or interests of the Business User;
(f) There are no restrictions, hindrances or encumbrances of any nature, which in any
manner restrict the performance of the obligations by the Business User under this
Agreement;
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(g) The Business User Trademarks and all the rights title and interest in such Business User
Trademarks are the sole property of the Business User or its licensors and the Business
User Trademarks do not infringe or pass off the trademarks or logos or service marks or
other intellectual property rights of any third party and there is no claim, action or
proceeding pending before any governmental authority that prevents or prohibits the
Business User from using or exploiting the Business User Trademarks under this EULA;
(h) All the information, data, content, pictures, description of the products/ services listed on
the Software/App by the Business User are true, correct, accurate and not misleading in
any manner;
(i) All information or data uploaded or transmitted by Business User on the Software/App,
or to the Individual User shall be free from any virus, worm, defect, trojan horse, or any
other feature designed to damage or degrade in any manner the performance of the
Software/App; and
(j) The Business User will not in any manner host, display, upload, modify, publish, transmit,
update or share any information that is objectionable.
18.3. In addition to the above, the Licensee agrees, acknowledges and confirms the following:
(a) MULTI-VERSE and/or its affiliates (including their directors, officers and/or employees)
accept no responsibility for any legal or financial events or outcomes arising out of the
use of the Software/ App;
(b) The Services offered on the Software/ App are for personal or commercial use.
(c) the Licensee will use the Software/ App and its Services in a manner consistent with any
and all applicable laws and regulations;
(d) the Licensee will not falsify its identity or misrepresent itself or any other user or any third
party, in any way, on the Software/ App; and
(e) all advertisements/ notifications received by the Licensee through a third party registered
on the ‘MYworld’ are advertisements/ notifications of such third party and MULTI-VERSE
is not responsible for the same.
18.4. The Licensee will indemnify, defend, and hold harmless MULTI-VERSE, MULTI-VERSE’s licensors
and affiliates and their respective directors, officers, employees, contractors, agents and
representatives, from and against any and all claims, causes of action, demands, liabilities, losses,
costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising
out of or relating to any of the following matters:
(a) Licensee’s access to and use of the Software/ App;
(b) Licensee’s violation of any of the provisions of this EULA;
(c) Licensee’s violation of any rules, regulations, acts or laws that are in force or that may
come into force from time to time;
(d) any activity related to Licensee’s Account by the Licensee or any other person accessing
the Software/ App through the Licensee’s Account, including without limitation, negligent
or wrongful conduct; or
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(e) Licensee’s violation of any third party rights.
18.5. MULTI-VERSE reserves the right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by the Licensee, in which event the Licensee hereby agrees,
undertakes and confirms to cooperate with MULTI-VERSE in asserting any available defenses.
19. DUTIES AND OBLIGATIONS OF THE BUSINESS USER
19.1. The goods sold/ service provided by the Business User through the Software/App shall be of
merchantable quality and fitness. The Business User shall be liable for any loss caused to the
MULTI-VERSE and/or the Individual User due to any negligence of the Business User in respect of
the goods and/or the services sold through the Software/App;
19.2. The Business User shall ensure and confirm that he/she understands the language of the
Software/App and shall ensure that he/she chooses the language that he/she bests understands
from amongst the languages that the Software/App supports;
19.3. The Business User, who is engaged in rendering services, shall ensure that the service to the
Individual User is provided in a safe, courteous, effective and timely manner;
19.4. The Business User shall not engage, assist, and/or abate in commission of any unlawful or illegal
activity on the Software/App;
19.5. The Business User shall ensure that the Device on which the App is installed is not unavailable,
switched off or out of coverage area while a transaction for goods or services is underway between
the Individual User and the Business User;
19.6. The Business User shall not, either directly or indirectly, engage in any conduct that inter alia: (i)
damages the reputation or causes inconvenience in any manner to the Multi-Verse or the
Software/App; or (ii) brings upon negative publicity upon the Multi-Verse or the Software/App or
showcases Multi-Verse or the Software/App in a bad light;
19.7. The Business User shall not, at any time, exaggerate or over-emphasize the characteristics
attributes, of the goods and/or services offered by it on the Software/App so as to mislead the
Individual Users of the Software/App and shall ensure that the aforesaid description is in
compliance with applicable law;
19.8. The Business User shall not engage in any unfair trade practice while selling any goods or services
through the Software/App;
19.9. The Business Use shall ensure that the labelling and packaging of any goods sold through the
Software/App are in compliance with applicable law;
19.10. If and to the extent the Business User collects, accesses, uses, stores, records, or otherwise process
any personally identified or identifiable information such as name, age, gender, email address,
physical address, phone number, in any form that can be linked to a specific individual (“Personal
Information) the Business User shall comply with applicable data protection laws, rules and
regulations governing the collection, use, protection, breach notification, retention, disclosure of
Personal Information including but not limited to Information Technology Act, 2000 and the
Information Technology (Reasonable Security practices and procedures and sensitive personal
data or information) Rules, 2011 including any requirements applicable to storage or cross-border
transfer of Personal Information outside India; and
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19.11. Business User, who is a publisher of news and current affairs, will have to comply with such
additional compliances and furnish such relevant details to relevant governmental authority,
department or regulator as may be required under applicable law. MULTI-VERSE and its affiliates
shall in no manner be responsible or liable if the Business User fails to furnish such information in
accordance with applicable law.
20. LIMITATION OF LIABILITY
20.1. To the maximum extent permissible by applicable laws, in no event will MULTI-VERSE and/or its
affiliates be liable to you for any damages whatsoever, including without limitation, indirect,
incidental, special, punitive or consequential damages, or lost profits, arising out of, or in
connection with, your use of the Software/ App or its Services and/or MULTI-VERSE’s Content,
whether or not the damages are foreseeable, and/or whether or not MULTI-VERSE has been
advised of the possibility of such damages in advance. In the event you are in a jurisdiction that
does not allow limitation of liability in the manner stated hereinabove, the limitation shall apply
to you to the extent permitted by applicable laws. If you are dissatisfied with the Services on the
Software/ App, your sole and exclusive remedy is to discontinue using the Services and the
Software/ App.
20.2. Except as otherwise required by applicable law, any claim or cause of action arising out of or
relating to your use of the Software/ App and/or our relationship with you, must be brought within
30 (thirty) days of the occurrence of the event giving rise to the claim or cause of action, or the
same will be deemed to be forever barred.
20.3. MULTI-VERSE and/or its affiliates shall under no circumstances whatsoever be liable for any delay
and/or default in performance under this EULA caused by an event beyond their reasonable
control, including but not limited to, war, accident, lock-down, act of god, pandemic, industrial
action, embargo or a delay, failure or default by you, your wireless carrier, or any other supplier
of goods or services to MULTI-VERSE or to you.
20.4. MULTI-VERSE AND/OR ITS AFFILIATES DISCLAIM ANY LIABILITIES AND WARRANTIES REGARDING
SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SOFTWARE/ APP OR
THAT THE SERVICES ON THE SOFTWARE/ APP WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE
CORRECTED OR THE SERVICES OFFERED BY THIRD PARTIES ON THE PLATFORM OF THE SOFTWARE/
APP WILL NEVER RESULT IN ANY LIABILITY FOR THE LICENSEE. NO ADVICE OR INFORMATION
PROVIDED TO YOU BY MULTI-VERSE WILL CREATE ANY LIABILITY OR WARRANTY THAT IS NOT
EXPRESSLY STATED IN THIS EULA.
21. CLASS ACTION WAIVER
Where permitted under the applicable law, the Licensee agrees that it may bring claims against
MULTI-VERSE only in its individual capacity and not as a plaintiff or class member in any purported
class or representative action. Unless both MULTI-VERSE and the Licensee, as a party to this EULA
agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside
over any form of a representative or class proceeding.
22. ARBITRATION
22.1. In the event of any disputes, differences or claims arising in connection with this EULA, during its
subsistence and/or after their termination in any manner whatsoever, including the validity and/or
construction and/or interpretation of any of the sections hereof or anything done or omitted to
be done pursuant hereto, the parties entering into this EULA shall to the fullest extent possible,
try to settle the disputes, differences or claims in the first instance by prompt and good faith
negotiations between themselves.
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22.2. Any dispute that is not resolved within 30 (thirty) days of the occurrence thereof shall be referred
to and finally settled by way of arbitration in Bangalore, under the Arbitration and Conciliation Act,
1996, as amended from time to time (the Arbitration Act”). The arbitration shall be conducted
by a sole arbitrator appointed in accordance with the Arbitration Act.
22.3. The seat, place and venue of the arbitration proceedings shall be Bangalore, India and the language
of the arbitral proceedings shall be English. All aspects of the arbitration shall be treated as
confidential. The law governing this arbitration agreement shall be the law of India.
22.4. The arbitrator shall have the power to grant any legal or equitable remedy or relief available under
applicable law, including injunctive relief (whether interim and/ or final) and specific performance.
For avoidance of doubt, each party to the dispute shall be entitled to apply to the appropriate
court of competent jurisdiction for interim or interlocutory relief in respect of such arbitration.
22.5. The arbitrator shall also have the power to decide on any dispute regarding the validity of this
clause 22.
22.6. During the course of any arbitration under this clause 22, except for the matters under dispute
and subject to any interim reliefs/ orders granted by courts/ or the arbitrator, the parties entering
into this EULA shall continue to exercise their remaining respective rights and fulfil their remaining
respective obligations under this EULA.
22.7. The parties entering into this EULA shall participate in good faith to reasonably expedite (to the
extent practicable) the conduct of any arbitral proceedings commenced under this EULA.
22.8. The arbitrator shall render a written and reasoned award in writing at the earliest and in its award,
also, decide on and apportion the costs and reasonable expenses (including reasonable fees of
counsel) incurred in the arbitration. Any arbitral award or measures ordered by the arbitrator: (a)
may be specifically enforced by any court of competent jurisdiction; and (b) shall be final and
binding on the parties entering into this EULA.
23. GOVERNING LAW AND JURISDICTION
This EULA shall be strictly governed by and constructed in accordance with the laws of India and
subject to Section 22 hereinabove, the courts of Bangalore, India shall have exclusive jurisdiction
over any disputes arising from this EULA or use of the Services and the Software/ App.
24. CHANGES TO THIS EULA
MULTI-VERSE reserves the right to change the terms of this EULA at any time for any reasons
deemed fit by MULTI-VERSE, including but not limited to, improving the existing functions or
features of the Software/ App, adding new functions or features to the Services offered on the
Software/ App, reasonable technical adjustments to the Software/ App, ensuring the effectivity of
security features of the Software/ App, and adjustments to the Software/ App pursuant to legal or
regulatory compliance requirements. Any changes that we make will become a part of this EULA
and the terms with you when they are posted and as such, you are required to regularly check this
page. MULTI-VERSE may choose to notify you of any changes to this EULA by way of push
notifications and/or pop-ups and/or e-mails within the Software/ App. Your continued use of our
Software/ App will constitute your agreement to any changes made to this EULA by MULTI-VERSE.
If you do not wish to continue using the Software/ App under the new version of the terms of this
EULA, you may terminate your Account by contacting MULTI-VERSE. The last date on which the
terms of this EULA were revised is set forth at the top of this document.
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25. PRIVACY POLICY
With Licensee’s use of the Software/ App and its Services, MULTI-VERSE will collect certain
information as set forth in more detail in our Privacy Policy, which is hereby incorporated by
reference. The Privacy Policy is available at https://www.myn.global/privacy.html
(https://www.myn.global/privacy.html).
26. CONTACT INFORMATION
If you have any questions about the terms of this EULA or the Software/ App or the Services offered
on the Software/ App, please contact (the Grievance Officer and the Nodal Officer of the
Company)MULTI-VERSE at [email protected] (mailto:cont[email protected]l) Your grievances, if
any, will be redressed within the period prescribed under applicable law.
Entity Name: MULTI-VERSE TECHNOLOGIES PRIVATE LIMITED
Registered Office Address: #41/1, New No.35, Second Floor, Nanjappa Road, Shantinagar,
Bengaluru - 560027
Grievance Officer : Sanidhya Saroj
Email id: contact@myn.global
CONTENT CREATOR AGREEMENT
THIS CONTENT CREATOR AGREEMENT is made and entered into on the Execution Date and deemed to be
effective from the Effective Date by and between
MULTI-VERSE TECHNOLOGIES PRIVATE LIMITED, a company incorporated under the Companies Act, 2013
having its registered offices at #41/1, New No. 35, Second Floor, Nanjappa Road, Shantinagar, Bangalore,
Karnataka, India - 560027 (hereinafter referred to as the Companywhich expression shall include its
successors in interest and permitted assigns) of the FIRST PART;
AND
THE PERSON whose particulars are listed under Schedule I (hereinafter referred to as the Content
Creator/You”, which expression shall, unless it be repugnant to the context or meaning thereof, be
deemed to include the Content Creator’s heirs, executors, administrators and permitted assigns) of the
SECOND PART.
The Company and the Content Creator are hereinafter referred to individually as a Partyand collectively
as the Parties”.
WHEREAS:
A. The Company is engaged inter alia in the business of operating an application under the name of
‘MYN’ (“Application”);
B. The Content Creator has represented that the Content Creator has the necessary skills and expertise
to render the Services (as set out below) required by the Company; and
C. Relying on the representations, warranties, covenants and undertakings provided by the Content
Creator, the Company is desirous of engaging the Content Creator to provide the Services and the
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Content Creator is willing to provide the Services to the Company. The Parties hereto are desirous
of recording the terms and conditions on which the Services will be provide by the Content Creator
to the Company.
NOW, THEREFORE in consideration of the mutual promises, covenants, agreements, representations and
indemnities set forth herein, and for the good and valuable consideration specified herein, the sufficiency
of which is hereby acknowledged by the Parties, the Parties hereby agree as follows:
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions
In this Agreement, unless the context requires otherwise, the following capitalized terms and expressions shall
have the meaning set forth below:
1.1.1 Agreement means this agreement, including all Recitals, Schedules, annexures and
exhibits attached hereto, as amended or replaced from time to time;
1.1.2 Applicable Law(s) includes all statutes, enactments, acts of legislature or parliament,
ordinances, rules, bye-laws, regulations, codes, notifications, guidelines, policies, directions,
directives and orders, requirement or other governmental restrictions or any similar form
of decision of or determination by a Governmental Authority, or any interpretation, policy
or administration, having the force of law of any of the foregoing, of any government,
statutory authority, tribunal, board, court having jurisdiction over the matter in question,
whether in effect as of the Execution Date or thereafter;
1.1.3 Effective Date” shall have the meaning ascribed to it under Schedule I;
1.1.4 Excluded Materialsshall mean any material, including third party material provided by
the Company to the Content Creator for incorporation into the Deliverables;
1.1.5 Execution Date” shall have the meaning ascribed to it under Schedule I;
1.1.6 Governmental Authority” means any government, any state or other political subdivision
thereof, and includes any entity exercising executive, legislative, judicial, statutory,
regulatory or administrative functions of or pertaining to government, or any other
government authority, agency, department, board, commission or instrumentality of India
and/or any jurisdiction in which the Company conducts business, or any political subdivision
thereof, and any court, tribunal or arbitrator(s) of competent jurisdiction, and, any
governmental or non-governmental self-regulatory organisation, agency or authority; and
1.1.7 Intellectual Property” shall mean and refer to all copyrights including any literary, artistic,
musical or dramatic work, patents, trademarks, service marks, trade names, registered
designs, rights of privacy and publicity, moral rights; and other forms of intellectual or
industrial property, any audio/visual project, know how, inventions, formulae, confidential
or secret processes, trade secrets, any other protected or proprietary rights or assets
including all preparatory materials such as sketches, drafts, outlines and drawings and
electronic media in which any of the above are fixed or otherwise recorded, and any licenses
and permissions in connection therewith, in each and any part of the world and whether or
not registered or registrable and in perpetuity, and all extensions and renewals thereof, and
all applications for registration in connection with the foregoing.
1.2 Interpretation
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In this Agreement, unless the context otherwise requires:
1.2.1 a reference to any Applicable Law or any other statutory or legislative provision includes a
reference to the statutory provision as modified or re-enacted or both from time to time
whether before or after the Execution Date and any subordinate legislation made or other
thing done under the statutory provision whether before or after the Execution Date;
1.2.2 a reference to the singular includes the plural and vice-versa, and words referring to a
particular gender include all other genders;
1.2.3 where a word or phrase is defined, its other grammatical forms have a corresponding
meaning;
1.2.4 a reference to any document is a reference to that document as amended, assigned,
novated or otherwise modified or replaced in accordance with its terms, from time to time;
1.2.5 a reference to a document being in agreed form is a reference to a document in a form
approved in writing by or on behalf of the Parties;
1.2.6 a reference to a Recital, Clause, Schedule or Paragraph is a reference to a recital, clause of
or schedule to this Agreement or paragraph of a Schedule and the Recitals and Schedules
form part of and have the same force and effect as if expressly set out in the main body of
this Agreement;
1.2.7 the expression "this Clause", "this Schedule", "this Paragraph" or similar expressions shall,
unless followed by reference to a specific provision, be deemed to refer to the whole Clause,
Schedule, Paragraph or other section of text (as applicable) and not merely the sub-Clause,
part of a Schedule, sub-Paragraph or other provision in which the expression occurs;
1.2.8 a reference to liability includes all cost or expense of any kind and however arising (whether
in contract, negligence, tort, general law, under statute or otherwise), including damages,
penalties, reasonable legal costs, fines and interest;
1.2.9 where one or more examples are given of items covered by a general word or phrase, that
is not to be read as limiting the meaning of that general word or phrase to those examples
or similar items;
1.2.10 the words “include”, "including" and "in particular" are to be read as if the words "but not
limited to" were inserted immediately after them;
1.2.11 an obligation to "procure" or "ensure" or "cause" any act or forbearance, shall be deemed
to include an obligation to exercise all rights and powers (including voting rights) available
to the Parties undertaking such obligation to procure or ensure, as the case may be, such
act or forbearance;
1.2.12 a reference to something being "in writing" includes writing, typing, printing, lithography,
letter, facsimile, e-mail or other electronic record reduced to a visual form but shall not
include text messages or other short message service including WhatsApp;
1.2.13 a reference to a time of day is a reference to the time in India, unless a contrary indication
appears a reference to a specific time for the performance of an obligation is a reference to
that time in the country, province, state, city or other place where that obligation is to be
performed; and
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1.2.14 Headings used in this Agreement are for convenience only and do not affect the
interpretation of this Agreement
2. ENGAGEMENT OF CONTENT CREATOR
2.1 The Company hereby engages the Content Creator to provide content and perform the services set
forth in Schedule I attached hereto including any ancillary services in relation thereof as requested
by the Company from time to time (“Services”), and the Content Creator hereby accepts the
engagement to provide the Services.
2.2 The Parties agree and confirm that the Content Creator shall not be entitled to render similar
services in respect of any product or application similar to the Application of the Company or to any
person engaged in a business competing with the business of the Company. Subject to the aforesaid,
the Content Creator shall render the Services to the Company on a non-exclusive basis, however
with a first priority to the Company during the Term. The Content Creator shall be required to work
at such times and locations and for such number of hours as set out under Schedule I or as may be
required by the Company from time to time..
2.3 The creator is permitted to publish/ upload any content, but not limited to the deliverables under
this agreement on the application..
2.4 Deliverables. The Content Creator shall render Services towards the creation of the deliverables
mentioned in Schedule I to this Agreement (“Deliverables”). Notwithstanding anything contained
in this Agreement, the Parties agree that while the Content Creator shall have the right to take all
creative decisions for the purposes of formulating a Deliverable/ Work Product.,.
3. REPRESENTATION WARRANTIES AND COVENANTS
3.1 The Content Creator hereby represents, warrants and covenants to the Company that:
3.1.1 The Content Creator is of sound mind, is not a minor, and has full capacity, power and
authority to enter into and to observe and perform this Agreement and the Content
Creator’s obligations contained hereunder.
3.1.2 The Content Creator has obtained all requisite authorizations and consents, as may be
required by the Content Creator, to execute, deliver and perform this Agreement and this
Agreement constitutes legal, valid and binding obligations of the Content Creator,
enforceable against the Content Creator accordance with its terms.
3.1.3 The execution, delivery and consummation of, and the performance by the Content Creator
of this Agreement and/or the transactions contemplated under this Agreement: (a) does
not and will not violate any Applicable Law, judgement, order or decree by which the
Content Creator is bound or affected; and (b) does not and will not constitute a breach of
performance of any agreement or contract or a condition that is applicable to the Content
Creator.
3.1.4 The Content Creator has adequate skills, ability and experience to render the Services as
per the terms of this Agreement in in a timely and effective manner.
3.1.5 The Content Creator is the sole and absolute owner of all the rights in the Intellectual
Property in relation to the Deliverables and the Work Product except the Excluded Material.
3.1.6 The Deliverables and the Work Product do not and shall not infringe or are likely to infringe
any rights in any Intellectual Property of any third party and no claims have ever been made
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against the Content Creator in respect of infringement of the Intellectual Property rights of
any third party. The rights of the Content Creator in the Intellectual Property, if any, are not
subject to any outstanding order, decree, judgment, settlement or attachment.
3.1.7 None of the rights in any Intellectual Property forming the Deliverables and the Work
Product owned or enjoyed by the Content Creator are being infringed nor, so far as the
Content Creator is aware, is there any infringement or threatened infringement of those
Intellectual Property rights.
3.1.8 The Company shall not be liable for any claims, liabilities, suits or demands arising out of or
in connection with the Deliverables and/or the Work Products and the Content Creator shall
be solely responsible for the same.
3.1.9 The Content Creator shall at all times comply with all the criteria set out in the ‘Guidelines
for Influencer Advertising on Digital Media’ or such other guidelines/rules/regulations, as
released by the Advertising Standards Council of India from time to time. Error! Bookmark
not defined.
3.1.10 The Content Creator shall ensure that the Deliverables/Work Products do not contain any
content that is (i) in contravention of Applicable Law, and (ii) of an offensive nature and
could offend any group/sect of people.
3.1.11 The Content Creator shall render the Work Products and/or the Services solely as per the
terms of the Agreement and in accordance with Applicable Laws.
4. TERM
4.1 Term. This Agreement shall commence on the Effective Date and shall remain in effect for a period
indicated under Schedule I, unless terminated earlier by any of the Parties in accordance with the
provisions of this Agreement (“Term”). Either Party shall have the option to renew the Term for
additional periods, subject to mutual agreement in writing.
4.2 Termination.
4.2.1 This Agreement may be terminated by either Party by giving a notice of 30 (thirty) days in
the event of any breach by the other Party (“Breaching Party”) of the terms of this
Agreement and such breach not being cured by the Breaching Party within the aforesaid
notice period.
4.2.2 Either Party may immediately terminate this Agreement in the event an Event of Force
Majeure subsists for more than 30 (thirty) days.
4.2.3 Notwithstanding anything contained in this Agreement, the Company shall have the right
to terminate this Agreement without cause, by serving a 30 (thirty) days prior written notice
to the Content Creator.
4.3 Effect of Termination.
4.3.1 Upon the effective date of termination of this Agreement, all legal obligations, rights and
duties arising out of this Agreement shall terminate except for such legal obligations, rights
and duties as shall have accrued prior to the effective date of termination and except as
otherwise expressly provided in this Agreement.
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4.3.2 It is agreed between Parties that, the Content Creator shall be entitled to the Service Fees
only upto the date of termination for the Services rendered and delivered in accordance
with this Agreement.
4.3.3 Upon termination or expiry of the Agreement, the Content Creator shall be required to
forthwith return and/or destroy (if requested by the Company) all Confidential Information
of the Company.
4.3.4 Upon termination, the Content Creator shall forthwith submit to the Company any and all
Work Product/Deliverable, at whatever stage of development the same might be. The
termination of this Agreement shall not affect the rights of the Company in and to the said
Work Product/Deliverable.
4.3.5 Upon termination, the Content Creator can continue to use the application using the same
account;
4.3.6 Upon termination / expiration of this agreement, the content published shall continue to
stay in the application.
5. SERVICE FEE AND EXPENSES
5.1 Service Fee. In consideration of the Services being rendered by the Content Creator hereunder, the
Company shall pay the Content Creator fees in the manner and on the terms provided under
Schedule I (“Service Fee”).
5.2 Expenses. All expenses to be incurred by the Content Creator in relation to providing the Services to
the Company, including costs for hiring external talents, shall be subject to prior approval of the
Company. The agreed expenses shall be charged by the Content Creator to the Company at actuals.
The Content Creator shall also submit proof of such expenses and such other documentary evidence
that the Company may seek in this regard.
5.3 The payments of the Service Fee may be made via wire transfer to Content Creator’s bank account
in accordance with Content Creator’s written instructions in this regard. The Content Creator
expressly authorizes the Company to deduct and withhold from all sums due to the Content Creator
under this Agreement, in accordance with the applicable laws including tax deductible at source
(TDS) as per the provisions of the Income Tax Act, 1961, from time to time.
5.4 For the purposes of this clause, goods and service tax (“GST”) shall include the Central Goods and
Services Tax (‘CGST’), the State Goods and Services Tax (‘SGST’) and/or the Integrated Goods and
Services Tax (‘IGST’) as may be applicable. In due compliance of the Content Creator’s obligations,
the Content Creator shall remit the GST so charged (if any) from the Company subject to a valid
invoice/debit note, to the appropriate government authority and file GST returns as prescribed,
within the statutory timelines, mentioning all appropriate and relevant information on the GSTN
platform, which enables the Company to claim timely credit (i.e., in its GST return for the month in
which the invoice/debit note is raised by the Content Creator) of GST in the appropriate GST
registration. In the event the credit of GST is not granted or denied to the Company under its
appropriate GST registration under the Applicable Laws for non-payment of taxes charged to the
Company or on account of any non-compliance (including but not limited to non-filing of
information, non-filing of returns, non-payment of appropriate GST to appropriate government/
incorrect submission of information on the GSTN Platform), then the Content Creator shall rectify
the said non-compliances/errors to ensure that the Company gets the credit in the subsequent
month. In the event the non-compliance/error is not rectified by the Content Creator in a timely
manner, then the Content Creator shall have the right to set off such shortfall against the
subsequent payments of the Service Fee to the Content Creator or recover the amount of the GST
25
charged to it along with the interest, penalty and/or any other cost from the Content Creator.
Further, the Parties agree and confirm that as and when there is any change in the GST rules, acts,
regulations on input credit, the Parties shall follow the same and may enter into an amendment
agreement, if required, to align this Agreement with the same. Notwithstanding the foregoing, the
Company shall, at its discretion, also be entitled to withhold all subsequent payments of the Service
Fee (if applicable) until such time as the foregoing credit is allowed and/or the shortfall is recovered
by the Company and such acts of the Company shall not affect the timely delivery by the Content
Creator of the Work Product/Deliverable in accordance with the provisions of this Agreement.
6. LICENSE
6.1 The Content Creator shall own and control all rights in the Intellectual Property in and to any content
and/or characters created by the Content Creator (“Work Product”) as the author and first owner
thereof.
6.2 The Content Creator hereby grants to the Company the right to download & right to use the said
Deliverables on the Application and/or other media platforms including on hoardings during the
Term.
6.3 The Content Creator further agrees that the Company shall have the royalty-free and irrevocable
right to issue, for publicity photographs of the Content Creator pertaining to the Content Creator’s
engagement hereunder. The Company may accordingly, use the Content Creator’s name,
photograph, likeness in relation to any exploitation of the Work Product without the payment of any
additional compensation.
6.4 The provisions of this Clause shall survive the termination of this Agreement.
7. CONFIDENTIAL INFORMATION
7.1 Defined. In this Agreement the term “Confidential Information” shall mean any and all information
relating to the Company’s Intellectual Property, business, including, but not limited to, research,
developments, content, literary works, stories, lyrics, music, digital exploration of content, television
programmes, concepts, product plans, products, services, diagrams, formulae, processes,
techniques, technology, firmware, software, know-how, designs, discoveries, inventions,
improvements, copyrights, trademarks, trade secrets, customers, suppliers, markets, marketing,
finances disclosed by the Company either directly or indirectly in writing, orally or visually, to the
Content Creator. Confidential Information does not include information which:
7.1.1 is in or comes into the public domain without breach of this Agreement by the Content
Creator;
7.1.2 was in the possession of the Content Creator prior to receipt from the Company and was
not acquired by the Content Creator from the Company under an obligation of
confidentiality or non-use;
7.1.3 is acquired by the Content Creator from a third party not under an obligation of
confidentiality or non-use to the Company; or
7.1.4 is independently developed by the Content Creator without use of any Confidential
Information.
7.2 Obligations of Non-Disclosure and Non-Use: Unless otherwise agreed to in advance and in writing
by the disclosing Party, the receiving Party will not, except as required by law or court order, use the
26
Confidential Information for any purpose whatsoever other than the performance of the Services or
disclose the Confidential Information to any third party.
7.3 It is further expressly agreed and acknowledged herein that the confidentiality provisions stated
herein shall survive the expiration and/or early termination of this Agreement.
8. INDEMNITY
The Content Creator (“Indemnifying Party”) agrees to indemnify, hold harmless and pay on demand,
the Company, its directors, employees, officers and representatives (“Indemnified Party”) from and
against any and all losses, claims, suits, judgments, recoveries, awards, damages, costs and
expenses, including but without limitation, attorney’s fees and costs associated therewith, which
may be incurred or suffered by, charged to, recoverable from, or which may accrue against the
Indemnified Party, arising out of or in relation to any breach and/or misrepresentation of the
provisions of this Agreement by the Indemnifying Party and/or the Indemnifying Party’s
representations, warranties and/or obligations hereunder.
9. INDEPENDENT CONTRACTOR
The Content Creator agrees that all Services will be rendered by the Content Creator as an
independent contractor and that this Agreement does not create an employer-employee
relationship between the Content Creator and the Company.
10. FORCE MAJEURE
10.1 Either Party shall be excused from any delay or failure in performance required hereunder if caused
by reason of any occurrence or contingency beyond its reasonable control like war, fire, insurrection,
strikes, pandemic, lock-outs or other serious labour disputes, riots, earthquakes, floods, explosions,
lockdowns mandated by the state/central government or any governmental authority, or other acts
of similar nature making the performance of respective obligations impossible (“Events of Force
Majeure”).
10.2 The obligations and rights of the Party so excused shall be extended on a day-to-day basis for the
time period equal to the period of such excusable interruption. When such events have abated, the
Parties’ respective obligations hereunder shall resume, unless the Agreement is terminated stands
terminated as per Clause 4.2 (Termination). The Company shall not be required to make the
payment of the Service Fees for the duration the Event of Force Majeure subsists preventing the
Content Creator from providing Services.
11. ASSIGNMENT
The Services to be performed by the Content Creator hereunder are personal in nature, and the
Company has engaged the Content Creator as a result of the Content Creator’s expertise relating to
such Services. The Content Creator , therefore, agrees that the Content Creator will not assign, sell,
transfer, delegate or otherwise dispose of this Agreement or any right, duty or obligation under this
Agreement without the Company’s prior written consent. Nothing in this Agreement shall prevent
the assignment by the Company of this Agreement or any right, duty or obligation hereunder to any
third party.
12. NOTICES
12.1 All notices and communications under this Agreement shall be in writing and shall be deemed to
have been properly given only when (a) personally delivered; or (b) mailed by registered mail or by
27
a reputed courier service, in each case, to the addresses mentioned in the name Clause above. The
notices shall be duly addressed to:
:
Name: Multi-Vere
Technologies
Private Limited
Address: #41/1, New No.
35, Second Floor,
Nanjappa Road,
Shantinagar,
Bangalore,
Karnataka, India -
560027
Attention: The Legal and
Compliance
Department
Email: contac[email protected]bal
:
Address: [•]
Email: [•]
12.2 Any Party may, at any time, change its address, email id or representative for receipt of notices
provided for in this Agreement by giving to the other Party not less than 15 (fifteen) days prior
written notice.
13. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of India, without
giving effect to any choice of law or conflict of law provisions. The Parties consent to the exclusive
jurisdiction of the courts of Bangalore.
14. MISCELLANEOUS
14.1 This Agreement constitutes the entire agreement and arrangement between the Parties on the
subject hereof and supersedes all prior understandings and instruments on such subject. This
Agreement may not be modified other than by a written instrument executed by duly authorized
representatives of the Parties.
14.2 No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or
of the same provision on another occasion. Failure of either Party to enforce any provision of this
Agreement shall not constitute a waiver of such provision or any other provision(s) of this
Agreement.
14.3 Should any provision of this Agreement be held by a court of competent jurisdiction to be illegal,
invalid or unenforceable, such provision may be modified by such court in compliance with the law
giving effect to the intent of the Parties and enforced as modified. All other terms and conditions of
this Agreement shall remain in full force and effect and shall be construed in accordance with the
modified provision.
MYlocal ONBOARDING
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THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000
AND RULES THEREUNDER AS APPLICABLE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER
SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. BY CLICKING ON THE “I ACCEPT”
BUTTON ON THIS ELECTRONIC CONTRACT, YOU ARE CONSENTING TO BE BOUND BY THIS ONBOARDING
AGREEMENT ALONG WITH THE VARIOUS EXHIBITS ATTACHED TO THE ONBOARDING AGREEMENT
(“AGREEMENT”). THIS AGREEMENT HAS BEEN ENTERED INTO BETWEEN MULTIVERSE TECHNOLOGIES
PRIVATE LIMITED (“COMPANY”) INCORPORATED UNDER THE COMPANIES ACT, 2013 AND HAVING ITS
REGISTERED ADDRESS AT # 41/1, NEW NO 35, TRISHA MANSION, SECOND FLOOR NANJAPPA ROAD,
SHANTHINAGAR BANGALORE BANGALORE KA 560027 IN AND BETWEEN THE SELLER (AS DEFINED BELOW).
BY ENTERING INTO THIS AGREEMENT WITH THE COMPANY, THE SELLER HAS BEEN GRANTED ACCESS TO
AND RIGHT TO USE MUTLI-VERSE TECHNOLOGIES PRIVATE LIMITED’S (“MULTI-VERSE”) PRODUCT THE
‘MYn’ PLATFORM AND ANY APPLICATION DEVELOPED FOR AND ON THE PLATFORM FOR ANY DEVICE OR
OPERATING SYSTEM (COLLECTIVELY APP”) AND USING MULTI-VERSE’S SERVICES IN CONNECTION WITH
THE APP, INCLUDING BUT NOT LIMITED TO: (A) ACCESS TO RESOURCES; AND (B) ACCESS TO CONTENTS
THROUGH MULTI-VERSE’S NETWORK AND/OR OTHER NETWORKS OPERATED BY MULTI-VERSE ON THE APP
(“MYn SERVICES”). BY USING THE APP AND AVAILING THE MYn SERVICES, THE SELLER AGREES, ACCEPTS
AND UNDERTAKES TO ABIDE BY AND BE BOUND BY THE PRIVACY POLICY OF THE APP AND/OR END USER
LICENSE AGREEMENT OF THE APP AND/OR RULES, GUIDELINES, POLICIES, TERMS AND CONDITIONS THAT
MAY BE UPLOADED ON THE APP OR BY MULTI-VERSE OR THE COMPANY FROM TIME TO TIME.
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. YOU ACCEPT AND AGREE TO BE BOUND BY ALL
THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF ANY TERM OF THE AGREEMENT IS NOT ACCEPTABLE
TO YOU, PLEASE CEASE USING/ACCESSING THE APP OR ANY OF ITS FEATURES FORTHWITH. USAGE OF THE
APP SHALL BE DEEMED TO BE AN ACCEPTANCE BY YOU OF THE TERMS OF THE AGREEMENT.
THE COMPANY RESERVES THE RIGHT TO UPDATE THE TERMS AND CONDITIONS OF THIS AGREEMENT
FROM TIME TO TIME AS MAY BE NECESSARY AND AS MAY BE DEEMED FIT BY THE COMPANY. ONCE THE
TERMS OF THIS AGREEMENT HAVE BEEN AMENDED OR UPDATED, SUCH UPDATED TERMS WILL BE
RELEASED ON THE APP. UPON RELEASE, THE SAID TERMS WILL EFFECTIVELY SUBSTITUTE THE ORIGINAL
TERMS OF THIS AGREEMENT. THE CONTINUED USE OF THE APP BY THE SELLER AFTER THE RELEASE OF THE
AMENDED OR UPDATED TERMS BY THE COMPANY WILL BE DEEMED TO BE IMPLIED CONSENT BY THE
SELLER OF THE UPDATED TERMS AND CONDITIONS.
1. SELLER’S ELIGIBILITY
1.1. Only those Seller(s) who are competent to enter into legally binding and enforceable contracts as
per the Indian Contract Act, 1872 will be entitled to be registered as a Seller on the App. In the event,
it is brought to the Company’s notice, or the Company discovers that the Seller is incompetent to
contract as per the terms of the Indian Contract Act, 1872, the Company reserves the right to
terminate and cancel the account of the Seller on the App and to take appropriate action against
the Seller under applicable law.
1.2. Seller” includes any person, entity, organization, body corporate, association of persons (whether
incorporated or not) (i) which offers for sale to the users of the App, any goods, which such person
has manufactured or is authorized to distribute, market, advertise and/or sell; and/or (ii) which
offers to render any service of any description to users of the App, and includes but is not limited to
provision of taxi/cab service (“Cab Service Providers”), mobility as a service, entertainment,
29
amusement, beauty/grooming and boarding/lodging.
1.3. Customershall mean the person who proposes to purchase the goods sold by the Seller and/ or
avail the services offered by the Seller.
2. SCOPE OF ARRANGEMENT
2.1. The Seller hereby agrees to offer his services through the App and the Company relying on the
representations, undertakings, covenants and indemnities provided by the Seller under this
Agreement, hereby agrees to on-board the Seller on the App, on the terms and subject to the
conditions contained hereinafter.
2.2. The Seller acknowledges, accepts and agrees that (i) the Company’s role under this Agreement is
limited to making available to the Seller, a platform by way of the App for the purpose of connecting
and interacting with a large potential customer base; (ii) the Company is merely an intermediary
under the Information and Technology Act, 2000 and the rules and regulations made thereunder;
(iii) any transaction for sale of any goods and/ or services to any Customer shall strictly be a bipartite
contract / arrangement between the Seller and such Customer; (iv) the Company shall not have any
obligations or liabilities in respect of such contract or arrangement nor would the Company hold any
rights, title or interest in the products/ services sold or offered by the Seller; (v) the Company does
not make any representation, warranty, undertaking or covenant in respect of inter alia the
solvency, financial wherewithal, competency and ability of the Customers who enter into
transactions with the Sellers; (vi) the Company shall not in any manner be held responsible in the
event of breach or violation by the Customer of any of the terms/ conditions of the contract /
arrangement entered into between the Seller and the Customer.
2.3. All contractual/ commercial terms shall be offered by the Seller and agreed between the buyer and
the Seller alone and the Company does not in any manner exercise any power, influence, control or
in any manner involve itself in determining the price that is payable by the buyer to the Seller in
relation to the sale of the goods or provision of services.
2.4. The Sellers are advised to independently verify the bona fides of the particular Customer(s) that the
Sellers choose to deal with on the App and use their best judgment in that regard.
2.5. In the event of any dispute between the Seller and the Customer, the Company shall not in any
manner be required to mediate, intervene or resolve any such dispute, disagreement or conflict.
The Seller alone shall be responsible to deal with, resolve and settle any dispute, disagreement or
conflict that may arise with the Customer.
2.6. The Company shall not in any manner be responsible or liable for any description, content,
photographs, graphics, videos on the MYlocal persona of the App describing the products or services
offered for sale by the Seller. The Seller alone shall be responsible for any inaccuracy, error,
misrepresentation or omission in such description, content, photograph, graphic, or video and/or in
the event such description, content, photograph, graphic, or video is not in compliance with
applicable law.
2.7. The Company shall not in any manner be responsible for the geo-location provided by the Seller on
the App in order to enable the Customers who are within the locality of the Seller to discover,
interact and transact with the Seller. In the event, the geo-location provided by the Seller on the
30
App is false, misleading and inaccurate or the Company has reasonable grounds to believe that the
geo-location provided by the Seller on the App is false, misleading and inaccurate, the Company
shall be entitled to suspend (partially or completely) or terminate the Seller Account and indefinitely
block the Seller from accessing the App.
2.8. The Seller hereby, accepts, agrees and acknowledges that arrangement between the Seller and the
Company is on a limited and non-exclusive basis and the Company shall have fully power, authority
and discretion to onboard onto the App any person as a Seller, despite the fact that the products/
services offered by such person may compete with the products/ services offered by any Seller on
the App. The Company shall be entitled to enter into an arrangement with such person without the
prior consent, notice or intimation to the Seller.
3. SELLER ACCOUNT AND REGISTRATION OBLIGATIONS
3.1. In the course of the use of the App by the Seller, the Seller agrees to furnish, in addition to the details
already furnished by the Seller to set up their account on MYwork persona of the App (“Seller
Account”), such other additional details as may be required by the Company from time to time.
3.2. The Seller shall, at all times, remain responsible for maintaining confidentiality in respect of the
Seller Account details including but not limited to the login and password details. In the event the
Seller suspects or has reasonable knowledge, belief or information that there has been an
unauthorized access, usage of the Seller Account (including unauthorized and failed attempts to
discover the login details, passwords or security encryption codes of the Seller Account) the Seller
shall forthwith inform the Company in respect of the aforesaid, and the Seller shall thereafter co-
operate with the Company/Multi-Verse in respect of any actions, measures and steps that may be
undertaken by the Company/Multi-Verse in order to safeguard and protect the unauthorized access
and usage of the App.
3.3. In the event, any information or details provided by the Seller in relation to the Seller Account are
false, misleading, inaccurate, incomplete and/or the Company has a reasonable grounds to suspect
that such information is false, misleading, inaccurate, incomplete, the Company shall inform the
Seller and require the Seller to provide the true, correct, accurate and complete information within
a period of 24 (twenty four) hours from the date of intimation by the Company (“Cure Period”). In
the event the Seller fails to furnish the requisite information or details within the Cure Period, the
Company shall be entitled to suspend (partially or completely) or terminate the Seller Account and
indefinitely block the Seller from accessing the App.
4. DEVICE
4.1. For registration on the App, the Seller shall use his own device, of such make, model and version as
may be specified and notified by the Company for the use of the App in its compatibility description
(“Device”).
4.2. In the event the Device is stolen, the Seller shall ensure that his/her Account is immediately blocked,
suspended or deactivated.
4.3. The Seller shall use the Device solely in accordance with the terms of this Agreement. The Seller shall
solely be responsible and liable for any violations of law committed by the Seller, misuse of the
Device and misuse of the sim card used in the Device.
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5. SERVICE REQUEST
5.1. The interface of the MYlocal persona on the App wherein the details of the product/service offered
by the Seller including description, content, photographs and images have been posted, shall have
a private chat feature by way of which the Customer who is interested in purchasing the products
offered by the Seller and/or in availing the services offered by the Seller will be able to directly
message, interact, negotiate, and transact with the Seller. Only the Customer shall have the option
to message and initiate communication and interaction with the Seller whose products/services the
Customer is interested in purchasing / availing. The Seller shall, under no circumstance, initiate any
communication, contact or interaction with the Customer.
5.2. Upon the Customer initiating communication with the Seller and consequently, the chat feature on
the Seller account being activated, the Seller shall be entitled to negotiate, discuss, determine and
finalize all terms in relation to the product/service with the Customer including price, payment
methods and terms, date, period, and mode of delivery, and warranties and after-sales services
related to products and services.
5.3. The Customer may make payments to the Seller through any mode acceptable to the parties
including via cash, bank transfer, UPI, or the third party payment gateway provided on the App. It is
hereby clarified that, in the event payment is made by the Customer to the Seller using the payment
gateway linked on the App, the Company is not in any manner responsible for collecting, processing,
facilitating, remitting, refunding or holding back any amounts collected from the Customer and the
Company is not liable for deducting or withholding any taxes under applicable law. In no case shall
the Company be responsible for any incident, transaction, or occurrence of event of any nature, that
transpires between the Customer and the Seller including monetary transactions of any nature.
5.4. The Seller hereby agrees, accepts and admits that the payment facility provided by the Company is
neither a banking nor a financial service, but by making available third party wallets and/or payment
gateways on the App, the Company is merely enabling and facilitating the transactions entered into
between the Customer and the Seller. Further, by making available the aforesaid payment facility,
the Company neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
5.5. During the interaction, communication, and conclusion of transaction between the Customer and
the Seller, the Seller may collect, access, use, store, record or otherwise deal with personally
identified or identifiable information of the Customer including but not limited to name, gender,
age, email address, home address, phone number and/or bank account details of the Customer. The
Seller shall be responsible to keep such information confidential and comply with the provisions of
Clause 8.10 below.
5.6. In addition to the provisions contained herein, the Cab Service Providers shall also be bound by the
specific provisions contained in the Annexure to this Agreement. In the event there is any conflict
between the provisions contained in this Clause 5 and the provisions in the Annexure, the provisions
contained in the Annexure shall prevail and override the provisions contained in this clause.
6. PAYMENT
6.1. In consideration of the Company onboarding the Seller on the App, enabling the Seller to interact
and communicate with a large potential customer base to offer their goods/services, the Seller shall
be liable to pay the Company such listing fees as mentioned on the App depending on the plan
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selected by the Seller (“Listing Fee”).
6.2. The Listing Fee will be payable by the Seller as per the timeline stipulated on the App. Only upon
payment of the Listing Fee will the Seller be entitled to offer for sale the goods and/or services on
the App. The Listing Fee will be continued to be paid by the Seller on the App unless the Seller has
cancelled his listing on the App or the listing of the Seller on the App and/or the Seller Account of
the Seller has been terminated, suspended (temporarily or permanently) by the Company on
account of non-payment of any outstanding Listing Fee and/or in accordance with the terms and
conditions of this Agreement.
6.3. The Listing Fee payable by the Seller shall be non-refundable, non-adjustable and non-negotiable
and the Seller shall be liable to pay the same irrespective of inter alia: (i) the quantum or value of
transactions undertaken by the Seller on the App; (ii) whether or not the Seller has been able to
generate any revenue or business on the App.
6.4. The Seller is responsible for the accuracy and authenticity of the payment information provided by
him/her, including the bank account number/credit card details and any other information
requested during the process of making payment of the Listing Fee. The Seller represents and
warrants that the Seller has the right to use any credit card, debit card or any other instrument
through which payment of Listing Fee has been made by the Seller. The Seller agrees and
acknowledges that the Company shall not be liable and in no way be held responsible for any losses
whatsoever, whether direct, indirect, incidental or consequential, including without limitation any
losses due to delay in processing of payment instruction or any credit card/debit card fraud.
6.5. The Company reserves the right to change, terminate or otherwise amend the Listing Fees and billing
cycles at its sole discretion. The Company further reserves the right to change, amend, modify,
substitute or alter the plans offered by it at its sole discretion. The aforesaid amendments shall be
effective upon the amended terms of this Agreement being released on the App. The continued use
of the App by the Seller after the release of the amended or updated terms by the Company will be
deemed to be implied consent by the Seller of the updated terms and conditions.
6.6. The Seller will be able to cancel the listing on the App deactivate its Seller Account via the relevant
application marketplace on its Device. Such cancellation will become effective 30 (thirty) days from
the date of cancellation request being received and accepted. Please note that the cancellation of
the listing by the Seller has no bearing on the listing for which the Seller has already been charged.
Upon cancellation, the Seller will continue to have access to the App until the end of the month for
which the Seller has already been charged after which the Seller shall cease to be listed on the App.
7. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS
7.1. The Seller hereby represents and warrants to the Company as under:
7.1.1. To the extent the Seller is a company, partnership entity or other entity:
(iv) it is duly incorporated, organized and validly existing under the laws of country in
which it is incorporated.
(v) it has full power and authority to enter into, execute and deliver this Agreement
and to carry out its obligations under this Agreement. The execution and delivery
33
of this Agreement has been duly authorized by all required corporate action of the
Seller, and no other corporate action on its part is necessary to authorize the
execution or delivery of this Agreement; and
(vi) the execution, delivery and performance by it of this Agreement complies with its
constitution documents.
7.1.2. To the extent the Seller is an individual, he/she has the full power and capacity to executed
and enter into this Agreement and, exercise its rights and perform and comply with its
obligations under this Agreement;
7.1.3. The obligations under this Agreement are valid, binding and enforceable in accordance
with their respective terms;
7.1.4. The execution, delivery and performance of this Agreement by itself and the matters
contemplated hereby do not and will not violate the provisions of any law or any rule
made pursuant to any law or any guideline or other requirements or order of any
governmental body or regulatory authority (whether or not having the force of law) and
that all requirements of any such law, guidelines, requirement or order have been fully
complied with and satisfied;
7.1.5. The Seller has obtained and shall continue to obtain and maintain all the necessary
consents, authorizations, permits, licenses, approvals, permissions and sanctions that may
be required by the Seller under applicable law in relation to the products sold by the Seller
and/or services offered by the Seller;
7.1.6. All products sold pursuant to this Agreement are not and will not be subject to any health,
safety, defect or product quality recall or prohibitive order of any governmental authority
or otherwise not disallowed to be sold through online sales or prohibited under any
applicable law.
7.1.7. The Seller shall at all times comply with and abide by the applicable laws, rules,
regulations, guidelines, notifications including but not limited to anti-money laundering
(including ‘know your customer’ and ‘customer due diligence’), economic sanctions laws
and regulations. Neither party will engage in a transaction pursuant to this Agreement
that will cause the other party to violate the aforesaid laws, rules, regulations;
7.1.8. The Seller shall at all times comply with the provisions of the Integrated Goods and
Services Tax, Central Goods and Services Tax and Union Territory Goods and Services Tax
and/or State Goods and Services Tax in respect of the goods/services supplied by the
Seller. The Seller accepts, undertakes and acknowledges that it is the responsibility of the
Seller to charge appropriate goods and services taxes on the goods sold and/or the
services rendered and for remitting the same to the appropriate government. The
Company shall not in any manner be responsible for any deficiency and/ or omission on
the part of the Seller.
7.1.9. There is no action, suit, proceeding, claim, arbitration, inquiry or investigation pending
against Seller, its activities, properties or assets or for its winding up which may materially
affect its financial condition. It is not a party to or subject to the provisions of any order,
34
writ, injunction, judgment or decree of any court or governmental authority or
instrumentality which affects the business or interests of Seller;
7.1.10. There are no restrictions, hindrances or encumbrances of any nature, which in any manner
restrict the performance of the obligations by the Seller under this Agreement;
7.1.11. The products sold by the Sellers shall not violate the intellectual property rights of any
third party and for any breach or violation of such intellectual property rights, the Seller
shall be solely responsible;
7.1.12. The Seller Trademarks (defined below) and all the rights title and interest in such Seller
Trademarks are the sole property of the Seller or its licensors and the Seller Trademarks
do not infringe or pass off the trademarks or logos or service marks or other intellectual
property rights of any third party and there is no claim, action or proceeding pending
before any governmental authority that prevents or prohibits Seller from using or
exploiting the Seller Trademarks under this Agreement;
7.1.13. All the information, data, content, pictures, description of the products/ services listed on
the App by the Seller are true, correct, accurate and not misleading in any manner;
7.1.14. All information or data uploaded or transmitted by Seller on the App, or to the Customer
shall be free from any virus, worm, defect, trojan horse, or any other feature designed to
damage or degrade in any manner the performance of the App;
7.1.15. The Seller shall at all times abide by the terms and conditions of the privacy policy and end
user license agreement available on the App including in particular the restrictions on the
usage of the App (Clause 7 of the end user license agreement); and
7.1.16. The Seller will not in any manner host, display, upload, modify, publish, transmit, update
or share any information that is objectionable.
8. DUTIES AND OBLIGATIONS
8.1. The goods sold/ service provided by the Seller through the App shall be of merchantable quality and
fitness. The Seller shall be liable for any loss caused to the Company and/or the Customer due to
any negligence of the Seller in respect of the goods and/or the services;
8.2. In the event the Seller is required to dispatch, deliver goods to the Customer, the Seller shall ensure
that the products are delivered to the Customer in a timely manner and during the usual hours of
business.
8.3. The Seller shall ensure and confirm that he/she understands the language of the App and shall
ensure that he/she chooses the language that he/she bests understands from amongst the
languages that the App supports;
8.4. The Seller shall immediately bring to the notice of the Company any deviation that may occur other
than in the ordinary course of business during the course of sale of the goods and/or provision of
the services, including but not limited to any accidents, damage to life or property;
8.5. The Seller, who is engaged in rendering services, shall ensure that the service to the Customer is
35
provided in a safe, courteous, effective and timely manner;
8.6. The Seller shall not engage, assist, and/or abate in commission of any unlawful or illegal activity on
the App;
8.7. The Seller shall ensure that the Device on which the App is installed is not unavailable, switched off
or out of coverage area while a transaction for goods or services is underway between the Customer
and the Seller;
8.8. The Seller shall not, either directly or indirectly, engage in any conduct that inter alia: (i) damages
the reputation or causes inconvenience in any manner to the Company or Multi-Verse or the App;
or (ii) brings upon negative publicity upon the Company or Multi-Verse or the App or showcases the
Company or Multi-Verse or the App in a bad light;
8.9. The Seller shall not, at any time, exaggerate or over-emphasize the attributes of the goods and/or
services offered by it on the App so as to mislead the Customer/users of the App;
8.10. If and to the extent the Seller collects, accesses, uses, stores, records, or otherwise process any
personally identified or identifiable information such as name, age, gender, email address, physical
address, phone number, in any form that can be linked to a specific individual (“Personal
Information) the Seller shall comply with applicable data protection laws, rules and regulations
governing the collection, use, protection, breach notification, retention, disclosure of Personal
Information including but not limited to Information Technology Act, 2000 and the Information
Technology (Reasonable Security practices and procedures and sensitive personal data or
information) Rules, 2011 including any requirements applicable to storage or cross-border transfer
of Personal Information outside India; and
8.11. In addition to the aforesaid, Cab Service Providers shall comply with the duties and obligations as
set forth in the Annexure to this Agreement.
9. INTELLECTUAL PROPERTY
9.1. Seller hereby grants to the Company and its affiliates a royalty-free, non-exclusive, worldwide,
irrevocable right and license to use, reproduce, perform, display on the App and on other social
media platforms of the Company and its affiliates including Multi-Verse, and in advertising and other
marketing communications of the App, the copyright, trademark and/or any other intellectual
property rights belonging to the Seller (“Seller Trademarks”).
9.2. Notwithstanding the foregoing, nothing in this Agreement will be construed as restricting the
Company or its affiliates, including Multi-Verse, from using any Seller Trademarks in a manner
permitted under applicable law without a license from Seller. All goodwill arising out of use of Seller
Trademarks by the Company, or its affiliates will inure solely to the benefit of Seller and its affiliates.
9.3. The Company grants to the Seller a limited, non-transferable, non-exclusive, non-sub licensable,
non-assignable and personal license to use the trademarks, copyrights, and/or intellectual property
rights belonging to the Company and its affiliates only for the following purposes: (i) on the Seller’s
invoice for transaction concluded on the App; (ii) on any packaging material used by the Seller for
delivery of the goods sold on the App; and (iii) any advertising or promotional material used to
indicate that goods/services of the Seller are offered for sale on the App.
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10. CONFIDENTIAL INFORMATION
10.1. The Parties agree and undertake that during the term of this Agreement and thereafter the Parties
shall keep the terms and conditions of this Agreement, the Personal Information collected, accessed,
used, stored or recorded by it and all data and information disclosed and divulged by the Company
to the Seller or which comes to its knowledge whether in print, digitalised, any other electronic form,
oral or software format, whether or not marked “Confidential” (“Confidential Information”) strictly
confidential.
10.2. All Confidential Information supplied to or received by the Seller from any source shall be kept
confidential by the Seller unless and to the extent that:
10.2.1. disclosure is required by any governmental authorities in order to comply with any official
directive or guideline; provided however, that the Seller shall promptly notify the
Company and shall take all steps to limit, as far as reasonably possible, the extent of such
disclosure;
10.2.2. disclosure is made in confidence on a need to know basis to consultants, legal or financial
advisors of the Seller, provided that each Person to whom such disclosure is made has
given an undertaking on the same terms as this Clause; or
10.2.3. such Confidential Information can be demonstrated by the Seller to be in the public
domain through no breach or default on the part of the Seller, and to the extent that it is
in the public domain, the confidentiality obligations in this Clause shall cease to apply to
such Confidential Information and in such cases, this obligation shall cease only to the
extent required under the respective circumstances.
11. DISCLAIMER OF WARRANTIES
11.1. The Seller expressly agrees that use of the App (including its Services) thereon is at the sole risk of
the Seller. The App and its Services are provided on an “as is” and “as available” basis. The Company
expressly disclaims any and all liabilities, warranties, representations, conditions, or indemnities of
any kind, whether express or implied including, but not limited to any and all liabilities and
warranties of fitness for a particular use or purpose, on-infringement, title, operability, condition,
value, accuracy of data and system integration.
11.2. The Company expressly disclaim any liabilities and warranties regarding security, accuracy,
reliability, timeliness and performance of the App or that the App and its Services will be error free
or that any errors will be corrected.
11.3. The Company makes no representations concerning, and do not guarantee, the accuracy of the
Services offered on the App, including but not limited to, any information provided through the App
or their applicability to the Seller’s individual circumstances.
11.4. The Company assumes no liability for providing or granting of any documents, legal or otherwise to
the Seller. The Seller understands that the Company merely provides a technology platform to
connect Sellers with Customer and the ultimate liability rests on the Seller and not on the Company.
12. INDEMNITY
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12.1. The Seller will indemnify, defend, and hold harmless the Company, the Company’s affiliates and
Multi-Verse and its affiliates, and each of their respective directors, officers, employees, contractors,
agents and representatives, from and against any and all claims, causes of action, demands,
liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and
expenses) arising out of or relating to any of the following matters:
12.1.1. Seller’s access to and use of the App;
12.1.2. Seller’s violation of any of the terms and conditions of this Agreement;
12.1.3. Seller’s violation of any rules, regulations, acts or laws that are in force or that may come
into force from time to time;
12.1.4. Non-performance or breach of any covenant, undertakings and obligations of the Seller
under this Agreement;
12.1.5. Negligence, misconduct or fraud committed by the Seller; and
12.1.6. Seller’s violation of any third party rights.
12.2. The Company reserves the right to assume the exclusive defence and control of any matter
otherwise subject to indemnification by the Seller, in which event the Seller hereby agrees,
undertakes and confirms to cooperate with the Company in asserting any available defences.
13. LIMITATION OF LIABILITY
13.1. To the maximum extent permissible by applicable laws, in no event will the Company and/or its
affiliates and Multi-Verse be liable to you for any damages whatsoever, including without limitation,
indirect, incidental, special, punitive or consequential damages, or lost profits, arising out of, or in
connection with, your use of the App or its Service, whether or not the damages are foreseeable,
and/or whether or not the Company has been advised of the possibility of such damages in advance.
In the event, the Seller is in a jurisdiction that does not allow limitation of liability in the manner
stated hereinabove, the limitation shall apply to you to the extent permitted by applicable laws. If
the Seller is dissatisfied with the Services on the App, the sole and exclusive remedy of the Seller is
to discontinue using the App.
13.2. Except as otherwise required by applicable law, any claim or cause of action arising out of or relating
to your use of the App, must be brought within 30 (thirty) days of the occurrence of the event giving
rise to the claim or cause of action, or the same will be deemed to be forever barred.
13.3. The Company and/or its affiliates shall, under no circumstances whatsoever, be liable for any delay
and/or default in performance under this Agreement caused by an event beyond the reasonable
control, including but not limited to, war, accident, lock-down, act of god, pandemic, industrial
action, embargo or a delay, failure or default by you, your wireless carrier, or any other supplier of
goods or services to the Company or the Seller.
13.4. The Company and/or its affiliates disclaim any liabilities and warranties regarding security, accuracy,
reliability, timeliness and performance of the App or that the services on the App will be error free
or that any errors will be corrected or the services offered by third parties on the platform of the
app will never result in any liability for the Seller, no advice or information provided to the Seller by
38
the Company will create any liability or warranty that is not expressly stated in this Agreement.
14. TERM AND TERMINATION
14.1. This Agreement shall continue, unless terminated as per the terms of this Agreement.
14.2. The Company shall have the right to terminate this Agreement forthwith upon the occurrence of the
following events:
14.2.1. Breach of the terms and conditions of this Agreement, the end user license agreement
and/or the privacy policy on the App;
14.2.2. Failure on the part of the Seller to pay the Subscription Fee within the time period as
provided in Clause 6;
14.2.3. Wilful negligence, gross misconduct, fraud, misappropriation committed by the Seller in
relation to products sold or services offered on the App;
14.2.4. The Seller is declared as an undischarged insolvent and/or a petition for relief under any
bankruptcy or insolvency is filed by or against Seller or the Seller makes an assignment for
the benefit of the creditors, or a receiver or an administrative receiver or administrator is
appointed in relation to the assets of the Seller;
14.2.5. Order, decree, judgment or award is passed by a court of competent jurisdiction,
governmental authority or department, regulator and/or tribunal, prohibiting, debarring,
restraining, injuncting the Seller from selling the products and/or rendering the services
offered for sale on the App;
14.2.6. In case of a Cab Service Provider, violation or contravention of the terms of the Zero
Tolerance Policy by the Cab Service Provider;
14.2.7. The Company is of the opinion that any information provided by the Seller on the App
including but not limited to the identity of the Seller, description, pictures, graphics of the
products/services offered for sale by the Seller are false, inaccurate and misleading; and
14.2.8. The Company is of the opinion that continuation of the sale of goods or provision of
services by the Seller on the App may cause legal liability for the Company or any of its
affiliates and Multi-Verse.
14.3. In consequence of the termination of this Agreement by the Company: (i) the Company will, with
immediate effect, block Seller’s access to the Platform/App and consequently, the Seller shall not
be able to offer for sale any products/services to the users of the App and thereafter the Seller shall
not have the right to re-register himself /itself as a Seller on the App at any time after such
termination, unless the Company, in its discretion, permits such re-registration; (ii) the Seller shall
forthwith pay to the Company the outstanding Subscription Fee payable by the Seller; and (iii) the
Seller shall forthwith return to the Company all the Confidential Information of the Company in its
power, possession, control and custody. Where the Confidential Information cannot be returned in
material form, Seller shall destroy all of the Company’s Confidential Information in its power,
possession, control and custody and shall provide the Company with a certificate of destruction with
respect to the same.
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15. GENERAL
15.1. No failure on the part of the Company to exercise, and no delay on the part of the Company in
exercising, any right or remedy under this Agreement will operate as a waiver thereof, nor will any
single or partial exercise of any right or remedy preclude any other or further exercise thereof of the
exercise of any other right or remedy. The rights and remedies of the Company provided in this
Agreement are cumulative and not exclusive of any other rights or remedies provided by law or
otherwise.
15.2. This Agreement contains the entire agreement between the Parties with respect to the subject
matter of this Agreement, and supersedes all prior agreements, understandings, representations,
undertaking or negotiations, whether written or oral, between the Parties with respect to such
subject matter.
15.3. In the event of any conflict between the provisions of this Agreement and the end upper license
agreement and/or privacy policy on the App, the provisions of this Agreement will prevail and apply.
15.4. In the event any term or provision of this Agreement shall for any reason be held invalid, illegal or
unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other
term or provision under this Agreement, and this Agreement shall be interpreted and construed as
if such term or provision, to the extent which it is invalid, illegal or unenforceable, had never been
contained in this Agreement.
15.5. The Parties hereby agree that the Company is entitled to assign all/any of its rights and/or its
obligations under this Agreement without seeking consent from the Seller. However, the Seller shall
not be entitled to assign or transfer this Agreement, or any rights or obligations or interest herein,
whether in whole or in part, without prior written consent of the Company.
15.6. The Seller acknowledges that any violation of the terms of this Agreement would result in damages
to the Company which could not be adequately compensated by monetary compensation alone. In
the event of any violation by the Company of the terms of this Agreement, in addition to all other
remedies available at law and at equity, the Company shall be entitled as a matter of right to apply
to a court of competent jurisdiction for relief, waiver, restraining order, injunction, decree or other
remedy as may be appropriate to ensure compliance by the Seller with the terms of this Agreement.
15.7. This Agreement is written in the English Language and shall prevail over any translation thereof.
16. CONTACT INFORMATION
16.1. In the event of any questions about the terms of this Agreement or the App, please contact the
grievance officer, nodal officer or the customer care of the Company. Your grievance, if any, will be
redressed within the period prescribed under applicable law.
Entity Name: MULTI-VERSE TECHNOLOGIES PRIVATE LIMITED
Registered Office Address: # 41/1, New No 35, Trisha Mansion,Second Floor Nanjappa
road, Shanthinagar Bangalore Bangalore KA 560027 IN
Grievance Officer: Sanidhya Saroj
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Email id: contact@myn.global
17. GOVERNING LAW AND JURISDICTION
17.1. This Agreement shall be governed by and construed in accordance with the laws of India.
17.2. Any dispute arising out of or in connection with this Agreement including any question regarding its
existence, validity or termination shall be referred to and finally resolved by arbitration. The
arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The
seat and venue of arbitration shall be Bangalore, Karnataka and shall be conducted by a sole
arbitrator appointed by mutual consent of the Seller and the Company, failing such agreement, the
sole arbitrator shall be appointed as per the Arbitration and Conciliation Act, 1996. All arbitration
proceedings shall be in the English language. The decision of the arbitrator shall be final and binding
on all the Parties. Nothing in this Clause shall prevent the Parties from obtaining interim relief from
a court of competent jurisdiction.
17.3. Subject to the provisions contained in clause 17.2, the courts of Bangalore, Karnataka shall have
exclusive jurisdiction is relation to matters arising out of or in connection with this Agreement.
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Annexure
Part A- Terms and Conditions
1. Service Request
In addition to the provisions contained in Clause 5, the following provisions shall be applicable for Cab Service
Providers:
1.1. Upon receipt of a service request, a booking will be allotted to the Cab Service Provider on the Device
or in such other manner as may be agreed between the Cab Service Provider and the Company, from
time to time;
1.2. Upon a service request being allotted to the Cab Service Provider on the App, the Company may
share with the Customer, the picture of the driver, details of the vehicle including vehicle number
and model, and such other information as required under applicable laws or as the Company may
deem fit, as the case may be, required by the Customer to identify the driver and the vehicle;
1.3. Thereafter the Customer and the Cab Service Provider shall finalise and agree upon the fare for the
ride through the options made available on the App;
1.4. Once the ride is confirmed by the Cab Service Provider, the Cab Service Provider shall duly complete
the booking allotted to him and promptly notify the Company by means of a text or call to the
Customer through the calling/messaging services provided on the App of any deviations to the
booking, which may affect the provision of the Service;
1.5. In the event the Cab Service Provider requires any assistance in connection with the App, service
requests, etc. therein, he / she should contact the customer support of the Company through the
option provided on the App; and
1.6. The App shall recommend the minimum recommended fare to the Cab Service Provider basis the
per-kilometre-rate fixed by the governmental authorities. However, the Company shall have no
control over the fare actually agreed between the Cab Service Provider and the Customer, and the
same may differ from the recommended fare. The Cab Service Provider shall not charge a fare higher
than the maximum fare fixed by the governmental authorities for the relevant territory.
2. Duties and Obligations of the Cab Service Provider
In addition to the provisions contained in Clause 8, the Cab Service Provider shall comply with the following
duties and obligations:
2.1. The Cab Service Provider shall at all times, comply with the Zero Tolerance Policy of the Company as
specified in Part B of this Annexure.
2.2. The Cab Service Provider shall be deemed to be informed and shall also strive to stay informed about
conditions such as strikes, curfews, bandhs, traffic disruptions, weather conditions that could affect
42
the cab service provided by him/her. The Cab Service Provider shall, immediately intimate the
Company and disclose any such aforesaid calamity that he/she may become aware of.
2.3. The Cab Service Provider shall ensure registration of the vehicle at all times and shall hold and keep
updated / renewed all licenses, insurance and permits necessary for the use of vehicle on the App.
2.4. The Cab Service Provider shall not allow unauthorized persons to drive the vehicle. The Company
reserves the right to take any action at its sole discretion for any violation by the Cab Service
Provider, which may extend to but not limited to termination an/or other legal action.
2.5. The Cab Service Provider shall ensure comprehensive insurance including without limitation third
party insurance of the vehicles and such other insurance as may be required by applicable law is
obtained and always maintained, and the Customer and/or the Company shall not be liable for
taking insurance or paying premium thereof in respect of the vehicle or any liability arising out of
plying of such vehicle.
2.6. The Cab Service Provider shall not use / access video / interactive content on the App or Device or
otherwise while driving the Vehicle.
2.7. On allotment of a booking in response to a service request, the Cab Service Provider shall ensure
that the vehicle arrives to the pick-up location on time.
2.8. The Cab Service Provider shall ensure that the Customer pays the fare as well as additional surcharge
(if applicable) and any fee or levy presently payable or hereinafter imposed by applicable law.
2.9. In the event any Customer leaves his/her property in the vehicle, the same shall not be pilfered or
tampered with by the Cab Service Provider and shall be reported immediately by the Cab Service
Provider directly to the Company and either promptly returned to the Customer or deposited with
the Company.
2.10. The vehicle shall be the sole responsibility of the Cab Service Provider and the Cab Service Provider
shall be liable or responsible for any loss or damage to the vehicle caused by a Customer or any
other third party for any reason whatsoever.
2.11. The Cab Service Provider: (i) shall not drive rashly, shall follow traffic regulations and all applicable
laws during the performance of the Services; (ii) shall not consume liquor / cigarette / bidi, or any
other kind of intoxicant while driving the vehicle; (iii) shall not undertake any activity which might
bring harm or distress to the Customer.
2.12. The Cab Service Provider shall not take any personal calls except in the event of an emergency,
without prejudicing the safety of the vehicle and the Customer. The Cab Service Provider shall take
all calls from the Customer and the Company only after stopping the vehicle at an appropriate
location to take the call, without being a hindrance to the traffic around him or without violating
any traffic rules.
2.13. Any cancellation of the allotted booking is prohibited except in exceptional circumstances based on
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a justifiable explanation provided by the Cab Service Provider. The Cab Service Provider shall
immediately inform the Company in case of any cancellation or refusal of the allotted booking.
Further, the Company hereby reserves the right to cancel the Cab Service Provider’s registration and
disable the Cab Service Provider’s access to the App in the event the Company, at is sole discretion,
is of the opinion that the Cab Service Provider has been unduly and unjustly cancelling booking
he/she has accepted or is refusing to provide services to the Customer.
2.14. The Cab Service Provider agrees that all costs associated with the vehicle including maintenance and
fuel shall be borne by the Cab Service Provider.
2.15. The Cab Service Provider acknowledges that neither does the Company own the vehicle used by the
Cab Service Provider nor does the Company in any way exercise any control, supervision or direction
over the service provided by the Cab Service Provider to the Customer and the Company shall not
be held liable or responsible in any manner whatsoever for any insufficiency or deficiency of the
service rendered by the Cab Service Provider.
2.16. The Company may require the Cab Service Provider to affix the logo and/or sticker bearing the brand
name ‘MYn’ or any other brand on the vehicle. In such an event, the Cab Service Provider shall
extend all necessary support and assistance to the Company for affixing the aforesaid logo/sticker
on the vehicle. It is hereby clarified that the Cab Service Provider will not be entitled to any additional
payments and/or commission for the for affixing the said logo/sticker on the vehicle and the same
will have to be removed by from the vehicle in case of suspension or termination of the Cab Service
Provider’s account.
2.17. The Cab Service Provider shall use the vehicle only for the purpose of providing services to the
Customers through the App and shall not use the vehicle for providing cab/taxi related services
either on behalf of any other cab aggregator or on a private arrangement basis or use the cab bearing
the logo or branding of ‘MYn’ for any other purpose.
Part B- Zero Tolerance Policy
1.
The Cab Service Provider will strictly follow this policy which shall be subject to change and any
changes shall be intimated to the Cab Service Provider, from time to time
:
1.1. Cab Service Provider shall at all times:
1.1.1. greet Customer both at pick up and drop;
1.1.2. manage the luggage of the Customer (both at pick-up and drop point);
1.1.3. ensure that vehicle’s AC is turned on before Customer boards the vehicle;
1.1.4. refrain from playing loud music (above mid-level of the stereo) or music through any kind
of earphone device;
1.1.5. keep the Vehicle clean;
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1.1.6. make the vehicle available for field audit within 2 business days’ time period from such
breach. Till then no bookings shall be provided and the vehicle will be blocked from the
device;
1.1.7. ensure that he/she has adequate change with him so that at all times he is in the position
to return the balance amount to the Customer;
1.1.8. reach the pickup point (before pick-up time ); and
1.1.9. intimate the Customer that he has reached at the pick - up location.
1.2. Cab Service Provider shall not:
1.2.1. proactively ask for ‘tips’ from the Customer;
1.2.2. create hassle for the Customer for change while collecting fare;
1.2.3. stop the vehicle for filling fuel in between the journey without the permission of the
Customer;
1.2.4. make any personal stops during the journey;
1.2.5. proactively engage into a personal conversation with the Customer and shall not resort to
any kind of unpleasant behaviour with Customers;
1.2.6. make unwarranted use of the Customer contact details after the Customer has been
dropped at the destination;
1.2.7. take any long route when there is another short route known to him for reaching the
destination;
1.2.8. under any circumstance argue with the Customer/ use abusive words / raise his voice tone
while talking to the Customer;
1.2.9. exceed the speed limit of: (i) 50 Kms per hour within the city; (ii) 60 Kms per hour on state
highways; and (iii) 80 Kms per hour on national highways;
1.2.10. carry any unauthorized goods or persons till the completion of the ride.