Terms of use

About us

Terms

By accessing and using the mPass.co.in website (“Website”) and all services offered by mPass Technologies Pvt. Ltd. (“mPass”) through the Website including any mobile applications (“Services”), the person or organization entering into these Terms as a user of the Website or Services, together with all individual users accessing the Website or Services on that person’s behalf (together, “you” or “Users”) accept and agree to be bound by these terms of use (“Terms”). Users may only use the Website and Services in accordance with these Terms. All rights not expressly granted to Users in these Terms are reserved by mPass. These Terms apply to all use of the Website (including any paid use of the Services), and any free trial of the Services.

Non-compliance with these Terms

If a User does not comply with these Terms, mPass may, at its discretion and with or without notice, cancel or suspend that User’s account and refuse to provide Services to that User.

Amendments

mPass reserves the right to amend or update these Terms and the Services it provides at any time with or without notice to Users, and may also add new features that will be subject to the Terms. Any User who continues to use the Website or Services after any changes have been made will be taken to have agreed to those changes. Users should therefore check these Terms regularly. New versions of these Terms will be dated according to the date on which they took effect.

Account information

In order to access and use the Services, Users will need to be 12 years or older be a natural person, as accounts and User logins may not be registered or accessed via bots or other automated methods; and provide certain information about themselves, including a full legal name and mobile number (as prompted by the Website) (“Account Information”). All Users agree to provide true, accurate, current and complete Account Information, and to maintain and promptly update their Account Information in order to ensure that it remains true, accurate, current and complete.

Cancellation of accounts

Users may only cancel their account through the Website and any Fees paid are non-refundable. If a User elects to cancel its account, cancellation will not become effective unless and until no money owes on that User’s account. If you cancel the Services before the end of your current paid up year, your cancellation will take effect immediately and you will not be charged again after your expiry date. Any content cannot be recovered once your account is cancelled. mPass is not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.

Payments and trials

All Services are charged in advance on a monthly or annual basis and are non-refundable, including for partial months of Services, Service upgrades or downgrades or unused Services in an open account. mPass will not be held liable in any way for any lack of refunds in connection with the Services. mPass will charge a User’s credit card for any upgrade that a User opts for in respect of the Services at the start of the User’s next billing monthly cycle. An invoice shall automatically become rendered for the Service on the expiry of the trial period, namely 14 days from the expiration of the account being open by or on behalf of the User. mPass may time to time open accounts for Users with the Users permission and such User account will be deemed to be the responsibility of the User. If a User requests an extension to their trial, this must be approved in writing by mPass and will not affect the date of invoice being set at 14 days after the account creation date.

Fees

The fees charged for the Services (“Fees”) are subject at all times to change by mPass giving 30 days notice, which will be posted on the Website. mPass shall not liable to Users or any third party for any modification to the Fees. This shall not apply to any annual plans agreed in writing with the User as per the above.

Taxes

All Fees are exclusive of all taxes and the User indemnifies and holds mPass harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.

Responsibility

Each User will be responsible for all activity that results from its use of the Services. mPass disclaims any and all liability in relation to each Users’ use of the Services, and will not be held accountable if a User suffers any loss or damage as a result of its use of the Services, including (but not limited to) any loss or damage resulting from: any downgrade of the Services that Users may opt for through the Website; and the cancellation of any User’s account. Services are provided "as is" The Website and Services are provided on an "as is" and "as available" basis, and your use of them is at your sole risk. mPass does not warrant that: (a) the Services will meet your specific requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; or (e) any errors in the Services will be corrected. You acknowledge that mPass may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide the Services. The acts and omissions of those third party suppliers may be outside of mPass’s control, and mPass does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier. On behalf of itself and such third party suppliers, mPass excludes any other warranties that may be implied or otherwise apply under statute or otherwise under applicable law, to the maximum extent permitted by law.

Liability

mPass shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, user data or other intangible losses (even if mPass has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party regarding the Services; or (e) any other matter relating to the Services. mPass specifically shall not be responsible for any failure of the Services to issue a pass or to send a message to a User in any circumstances. From time to time, such actions may fail and/ or be disrupted which may lead to a failure of services to be provided. mPass is not a replacement for emergency systems installed into any venue.

Indemnity

Each User indemnifies, and will keep indemnified, mPass against all forms of liability, actions, proceedings, demands, costs, charges and expenses which mPass may incur or be subject to or suffer as a result of the relevant User’s use of the Services.

No illegal use

No User may use the Website or Services for any illegal or unauthorized purpose, or upload any information that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property or proprietary rights of any person, entity or organization.

No malicious use

Users may only access the Website and Services through the interface provided by mPass, and must not use the Website or Services for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other User of the Website or Services.

Administrator Accounts and Venues

Users that create an Administrator account on behalf of a Venue agree that they are legally authorized to do so, on behalf of that Venue or organization. Any unauthorized account creation on behalf of a Venue may result in the termination of the account and or suspension of services in the sole discretion of mPass. mPass may from time to time contact Administrators to check or asses the bone fide of the Account holder. From time to time mPass may refer to your use of the mPass system on our website. If you do not wish for your use to be disclosed on our website, please let us know and we will of course not make any reference to your use of mPass.

Intellectual property

All Users agree that mPass owns all of the intellectual property rights existing in the Website and Services. However, mPass claims no intellectual property rights in relation to the information or content uploaded to the Website by Users.

mPass branding

No User may publish or use mPass’s brand, branding or logos except with mPass’s prior written consent.

Hardware

In the event that mPass is requested by a User to supply an Apple iPad/ Android Tablet or any other hardware as part of a Integrated Kiosk account, such items would be User’s property. mPass would not take any responsibility on product and its maintenance. The hardware would be User’s property from the date of handover. mPass does not warrant the suitability or performance of any tables, stands, wireless devices or any other equipment being supplied to Users as part of any Services Technical support and malfunctions mPass will try to promptly address (during normal business hours) all technical issues that arise on the Website or in connection with the Services. However, mPass will not be liable for any loss suffered as a result of any partial or total breakdown of the Website or any technical malfunctions resulting in an inability to use the Services (either in whole or in part). You agree that mPass’s support team may access your account from time to time in order to diagnose and fix problems.

SMS usage

If Host Notifications are set to ON, your Hosts will receive notifications that their visitor has arrived. Hosts notifications can be sent via SMS, email and push notifications to the mPass mobile App. Each SMS sent is one SMS credit.

Security & Privacy

Users are responsible for maintaining the security of their account and password on the Website. mPass will not be liable for any loss or damage that may result from any failure to keep User names and passwords secure. mPass makes efforts to keep content uploaded by Users secure, but will not be liable for any loss or damage that may result from any breach of security, or any unauthorized access or use of that content. mPass has published a Privacy policy for all users at: www.mPass.co.in/privacy which shall form part of these Terms of Service.

Governing law and jurisdiction

These Terms shall be governed by Indian law, and all Users submit to the exclusive jurisdiction of the courts of Jaipur, Rajasthan for any matter or dispute arising in relation to these Terms.