“SecureMetaSys Infotech Pvt. Ltd.”, “We” represent the “Service Provider” and are interchangeable. It also represents any subsidiary company of SecureMetaSys Infotech Pvt. Ltd.
“Products” imply all offerings of SecureMetaSys, that are SaaS (Software as a Service) Products including but not limited to the Portals: maintenancemukhiya.com, crm. maintenancemukhiya.com, staging.maintenancemukhiya.com and the Mobile Apps: MmaintenanceMukhiya.
“You” addresses the individual User reading and agreeing to these Terms.
“Apartment Complex” or “Multi Dwelling Unit” can mean a Villa Complex or an Apartment Complex or a Commercial Complex. It can also imply any such Organisation of Users utilising the Products.
“MAINTENANCEMUKHIYA” means the specific Portal of the specific Multi Dwelling Unit, accessible to Residents and Office Staff of only that Multi Dwelling Unit.
“Association”, “Society”, “RWA” are used interchangeably.
” MaintenanceMukhiya.com” is used interchangeably to imply the Product that automates Workflows in Communication, Facility Management, Billing, Collection and Accounting.
Both ” MaintenanceMukhiya.com” and “CRM MaintenanceMukhiya ” are Products of SecureMetaSys. SecureMetaSys plays the role of a custodian for the information stored by the User via either of these Products on Servers maintained by SecureMetaSys.
Subscription Term: Period for which Subscription Payment has been made.
TERMS OF SERVICE
SecureMetaSys provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time with information to you.
- DESCRIPTION OF SERVICE
SecureMetaSys provides a suite of Products categorised as below.
a) The “MaintenanceMukhiya CRM” which provides Central Database of the Multi Dwelling Unit, integrated with Tools for Maintenance, Building Management, Billing and Accounting.
c) The “MaintenanceMukhiya” which is used by each Resident of the Multi Dwelling Unit, and is a Companion App/Portal to above two products.
Both products are integrated with each other. Depending on the access available to You, You may use any or all of these Products. Up-to-Date information on the Service Offerings are found on the Pricing Link of the website.
- USER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of the UserID and password you choose when you create your account, and are fully responsible for all activities that occur under your account. You agree to immediately notify SecureMetaSys of any unauthorized use of your password. SecureMetaSys will not be liable for any consequence arising from your failure to comply with this Section.
- ABUSE OF SERVICE
You understand that all information (such as data files, written text, audio files, images or any other media) which you may have access to as part of, or through your use of the Products of SecureMetaSys are the sole responsibility of the person from which such content originated. SecureMetaSys takes no responsibility for abusive content, and it is the responsibility of the users to regulate such content. SecureMetaSys takes no responsibility for any data generated within any of its Products and published or distributed outside by the user.
SecureMetaSys reserves the right to suspend its service to Users involving in service abuse.
- LIST OF PROHIBITED ITEMS
Users are prohibited from aiding in the sale / exchange of any item present in the below list. This is only a partial list and items can be added as and when prohibited to law or brought to the notice of SecureMetaSys.
Airline tickets that restrict transfer, other unauthorized ticket sale – Alcohol or tobacco products – Blood, bodily fluids or parts – Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying info Burglary tools, including but not limited to lock-picks or motor vehicle keys – Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia -Counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them – Counterfeit, replica, or knock-off brand name goods – Coupons or gift cards that restrict transfer, other unauthorized coupons or gift cards – False identification cards, forged certificates – Fireworks, firearms and explosives – Gambling items, including but not limited to lottery tickets – Material that infringes copyright, including but not limited to software or other unauthorized digital goods sale – Pornography – Pet animal parts, blood, or fluids – Prescription drugs and medical devices, including but not limited to prescription or contact lenses, defibrillators, hypodermic needles or hearing aids – Stolen property, or property with serial number removed or altered. Items can be included in the above list as and when prohibited.
- NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Products, use of the Products, or access to the Products.
- MODIFICATIONS TO SERVICE
As SaaS products, all of SecureMetaSys offerings will undergo continuous modifications in its Features and Service. In case any feature or service is phased out, adequate time and notice will be given to you, so that you may retain the Information assets created by you as part of that Feature. Beyond the time given, you agree that SecureMetaSys shall not be liable to you or to any third party.
- SecureMetaSys PROPRIETARY RIGHTS
You acknowledge and agree that the Products contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by SecureMetaSys, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Products, in whole or in part. You also agree not to extract the code or reverse-engineer it in anyway. Any attempt at hacking or unlawful use of the Products can and will invite the maximum prosecution allowable under the law.
- WARRANTIES AND DISCLAIMERS
Our Warranties. We warrant that
(i) the Products shall perform materially in accordance with the Functionality listed in Features List, and
(ii) the functionality of the Products will not be materially decreased during a subscription term. A Subscription Term is defined by the term for which the Subscription Payment is already made. For any breach of either such warranty, your exclusive remedy shall be Termination of Use including Refund of Advance Payments made for the Subscription Term.
For integrations of the Product with 3rd Party Software or Hardware, SecureMetaSys warrants that it will perform due diligence while selecting the 3rd Party Software or Hardware. However, SecureMetaSys does not warrant error-free functioning of such 3rd Party Software or Hardware.
- LIMITATION OF LIABILITY
In no event shall either party’s aggregate liability arising out of or related to these Terms/Agreement, whether in contract, tort or under any other theory of liability, exceed the total amount paid by you under the current active Subscription Term.
In specific SecureMetaSys is not liable to respond to queries from third parties about a Multi Dwelling Unit’s use of the Product. All queries must come from the officially designated Users of the Multi Dwelling Unit itself.
By using this Product You confirm that You have the legal authority of uploading and sharing the specific data that You would upload or share on this Product. You indemnify SecureMetaSys of any disputes regarding the ownership of such data.
- Support SLA
a) All Support queries are to be lodged using the “Software Help” feature present on the Products. If the issue is related to log in, support email can be sent to email@example.com
b) All support queries will receive initial response within maximum 16 business hours of SecureMetaSys receiving the request. Business hours are 9AM to 6PM, IST. Support SLAs are available to all Users covered by a Subscription Term. Support SLAs are not available to Users on Trial, or any other UnPaid Usage mode.
- Exit of Subscription
This agreement is subject to review by either party at any time during the Subscription Term. If either party requires terminating this agreement, 30 days notice must be given and the data will be available for the customer to be extracted during this period. The notice period has to be within the subscription paid duration (Subscription Term).
After such 30-day period, The Service Provider shall have no obligation to maintain or provide any of the Customer’s Data and shall thereafter, unless legally prohibited, delete all of Customer’s Data in the Service Provider’s systems or otherwise in its possession or under its control.
Upon non-payment of Subscription Dues within the Subscription Invoice Due Date, the Subscription is considered terminated and Access to the product is discontinued for the Customer.
SecureMetaSys does not sell, rent or otherwise make available the personal information of the Users, Visitors, Association Staff, Domestic Staff or the common information of the Multi Dwelling Unit to any third-party, without their explicit approval.
In order to use the Products, a user must first complete the registration form. During registration a user is required to give their contact information and proof of being associated with the Multi Dwelling Unit. The registration information given by the user must always be accurate, correct and up to date. This ensures the User can get the maximum benefit from the Product.
YOUR PERSONAL INFORMATION
The User stores information about himself/herself under his/her User Profile. Information provided is available to the User and the Administrative Users belonging to the same Multi Dwelling Unit as the user. The Executive Staff information entered in MaintenanceMukhiya is available to the Flats in which the specific Executive member works and to the Administrative Users belonging to the specific Multi Dwelling Unit. The Executive information entered is available to the Administrative Users belonging to the specific Multi Dwelling Unit. Administrative Users may also enter Personal Information of the Users. SecureMetaSys takes no responsibility for the accuracy of such data entered by the Users or Administrative Users.
This Personal Information is retained for the period covered by the Subscription Term, unless the Administrative Users choose to delete the Personal Information.
The Mobile Apps of the Product may seek access to data stores in your Mobile Phone, such as SMS, Photos, Contact List etc. The purpose of this access is solely towards complete functionality of relevant Product Features. The Mobile Apps will not run to their full potential if you choose to not provide the necessary access.
SecureMetaSys takes every precaution to protect users’ information. When users submit sensitive information via the portal, the information is protected both online and off-line. We have enabled SSL encryption so as to ensure that your data remains encrypted during transmission to and from the site. These precautions, though industry standard are nonetheless only as secure as the end-user’s practice. To ensure that unauthorised parties do not get access to information on this portal, we encourage all users make sure that they log-off from all sessions – especially from public computers such as at internet cafes.
As part of our disaster recovery strategy, we have regular backups taken to protect you from sudden data loss. If you have any questions about the security at our portal, you can send an email to firstname.lastname@example.org
SITE AND SERVICE UPDATES
We also send the user site and service announcement updates. Users may choose to unsubscribe from receiving these emails by following the instructions that will be part of each announcement email.
NOTIFICATION OF CHANGES
NOTIFICATION TO VISITORS (for MAINTENANCEMUKHIYA Security usage)
While Users belong to the legal entity of an Association and may receive important notifications on their Mobile Number, Visitors are not part of the Association. Notification to Visitor Mobile Numbers, if any, will be strictly as per the relevant Telecom Regulations.
PRIVACY AND SECURITY OF PAYMENT INFORMATION
SecureMetaSys makes it possible for the User to pay various charges via its Products.