Terms & Conditions

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General Terms and Conditions – Multi Purpose Services
1. Interpretation:
The Company or We: We operate the business of Maintenance and Manpower Supplying . The Client/customer or You: The person/company to whom the Company supplied Maintenance, Labour and/or associated services. Operative/Specialist/Tradesman: the representative appointed by the Company to undertake the work. Site: Any land or premises occupied by the Client and any other place provided by the Client on, over or through which the Labour is to operate The Company reserve the right to refuse or decline work at our discretion. Where we agree to undertake works for a Customer those works shall be performed by the designated Operative of the Company at its absolute discretion.
2. Estimates / Quotations:
a. Our quotations/estimates are valid for fifteen days and are subject to availability of resources. All quotations are provided as estimates unless specified as fixed price jobs. They are an estimate of the likely minimum cost of the works, based on the information made available. The final price will be calculated on the basis specified in the estimate, if any, or if none, in accordance with the company’s rates and fees applicable at the time the works are carried out and may be increased above or reduced below the specified price.
b. We will endeavour to complete the work in the estimated time, but any additional chargeable hours will be included in the final price.
c. We shall not be under any obligation to provide an estimate. We shall not be bound by any estimates given in which manifest errors occur.
3. Booking Terms:
a. When you make a booking enquiry by mobile app, phone/email, or through the booking enquiry form on the company’s website, you will be required to acknowledge that you have read and understood these terms.
b. Once the time and date for an appointment have been agreed on, availability has been confirmed and payment has been made, you will be given arrival window.
c. Any cancellations or changes to bookings with regard to date and time must be made at least 24 hours in advance; otherwise, a cancellation fees and tax applies. The customer has the responsibility to make sure that our office has been notified with a clear statement (in writing) and is aware of any changes.
d. Any date(s) mentioned in estimates/quotes either in writing or over the phone are estimated dates only and we shall not be in breach of this agreement for failing to start or finish work by any date given in estimates/quotes.
e. If the services requested prove to take longer than estimated/quoted due to unforeseen events, you will be charged accordingly at a cost that is first confirmed with you. Unless the amended cost is confirmed, we will not proceed with the works.
f. Once the works are completed, the operative will ask the customer to assess the works carried out and sign the work report, thus accepting that the job has been done to standard and indicating receipt of services/goods/materials purchased. The work report should not be treated as an invoice. The MPS office issues an official invoice on completion of work, which will be handed over you or email / courier after completion of the works. You may make payments via our online payment gateway or by cash. No cheque accepted
g. Some of the services MPS offers might require a site visit to be carried out prior to the provision of the services. If such a site visit is required,  MPS will let you know when you make a booking and will arrange a mutually convenient time for  MPS to visit the property where the services are required to be carried out. If a site visit is required, a fee will be payable at the time of making the booking to cover the expenses of carrying out a site visit. The fee will be between Rs.150 – 1000 plus GST, depending on location and will be agreed with you at the time of the booking. The amount is non-refundable but may be credited against the cost of the services (at  MPS’s sole discretion).
4. Materials:
a. At the time  MPS performs the services, it may not have all the materials it needs. In this case, the company may need to purchase materials. If materials are available at local suppliers, then the tradesmen will travel to the supplier, purchase materials and return to the property to continue the works. The travel time is charged at standard charging rate. If the materials are not available from a local supplier,  MPS normally orders them and returns on another occasion to continue to perform the services. An administration charge of 10% will be applied, which is confirmed with you prior to commencing the process of searching for materials and placing orders.
b. Parts/materials required to undertake your job will be added to your bill with a mark-up of 10%. While  MPS does carry a large array of parts, if additional parts are required to be collected from the merchant etc then travel time will be included in the final bill but: – time taken shall be kept to a minimum and reasonable – customer shall be informed wherever possible when the operative(s) leaves the premises.
c.  MPS accepts no liability with respect to faulty parts/materials. If the part is found to be faulty during fitting, the operative will exchange, however if the fault becomes visible after the job has been completed, should the customer require further visit for replacement, additional labour cost will incur.
d. If parts or materials are supplied by the customer and  MPS deems those parts are not suitable, the company reserves the right not to install or use the incorrect materials or parts.
e.  MPS accepts no liability in respect of late or non-delivery of materials.
5. Your Obligations:
a. You will provide, on request, any information that  MPS reasonably requires to enable  MPS to provide the services.  MPS will contact you about this. If any information you provide is incomplete or incorrect,  MPS may make an additional charge of a reasonable sum to cover any extra work that is required. Any additional charges will be agreed with you in advance.
b. Where access to your property is required, you will allow  MPS to gain access to your property at the agreed dates and times when  MPS will perform the services. If the property is not been attended or escorted by an adult entity,  MPS reserve the rights to deny work to be done. Under any circumstance an adult member of your family / staff/friends need to be present all the time during work done.   If the operative is unable to get access to the property on the agreed date and time that you have booked, you will be liable to pay Rs.250 plus GST, the equivalent of the cancellation fee.
c. You will be responsible (at your own cost) for preparing the property for the supply of the services, where necessary, making safe any appliances or equipment, removing (if you are able to) any items from the areas in the property where  MPS will be performing the services, covering any items, furniture or fittings which you will not be moving, to protect them from dust or dirt, as well as for securing or removing any valuables, breakables or sentimental items by the date and time when  MPS is due to commence the works.
d. You shall provide at your expense, clear access to the work area, all necessary electricity/water supplies that might be required to enable the operative to carry out the work. Additional charges might apply otherwise.
6. Work Guarantee:
a. All work carried out by  MPS is guaranteed against faulty workmanship under normal usage for a period of six months from the date on the work report given after completion of the job when payment is made. If a fault has occurred due to misuse of the repaired item then a fee may be chargeable to remedy the work. Notice will be given to the customer before any remedial work is carried out if an additional cost is to be incurred.
b.  MPS is not obliged to offer a guarantee. If after inspecting the work carried out, we consider we are unable to offer a guarantee, we shall notify you of the reasons accordingly.
c. Any guarantees offered refer strictly to labour, in respect of faulty workmanship. The guarantee becomes null and void if the work completed is subject to misuse or negligence, repaired, modified or tampered with by any other person other than an official  MPS operative.
7. If there is a problem with the services:
a. Please contact  MPS either by phone or email and explain the issue as soon as possible. Give as many details as possible regarding the issue, including pictures, where necessary.
b. Please allow  MPS a reasonable opportunity to investigate the problem and, if  MPS was at fault, arrange to correct the problem
c. If  MPS was at fault, it will use every effort to correct problems as soon as reasonably practicable
8. General:
a. Where the provision of the services cannot be completed within a day, you will allow  MPS to leave any tools or materials at your property overnight or at any other times when it is not performing any services, if necessary.
b.  MPS cannot accept liability for its failure to complete all or part of the services where such failure is caused by your failure to book for the recommended number of hours or where you require  MPS to carry out additional tasks over and above what was originally booked.
c.  MPS shall not be held liable for unavoidable damage caused, or any unforeseeable loss the customer or any other party may suffer as a result of the work carried out, nor shall we be liable for any loss of any nature which is not caused by our negligence or our breach of the terms and agreement between us.
d. For the avoidance of doubt,  MPS shall have no responsibility or liability in relation to the following:
i. pre-existing wear and tear, damage, defects or faults in your property, its contents or belongings .
ii. Disruption to the services or damage to the property or belongings caused by third parties who are present on site during the performance of the services.
iii. Damage to the property, its contents or your belongings caused by faulty products, materials or equipment provided by you and used by  MPS in the performance of the services.
 
9. Payment Terms:
a. Data Protection
i. The data that you provide during this transaction will only be used for the purpose of recording your payment. We shall abide by the principles of the individual privacy and data protection Act and ensure that the data is used for no other purposes and is disclosed to no third party.
ii. Any personal data supplied by you will be held, stored, used and/or processed (as and when necessary) by us for the purpose or purposes for which it is provided and in accordance with the Data Protection principles and any other requirements of the Act. Disclosure of this information will not take place and will not be given to any third parties unless they show reasonable cause for us to make such a disclosure and then only to the extent that the law allows, e.g. prevention and detection of crime.
b. For jobs estimated at below Rs. 5000 + GST and estimate visits, payment is required in advance by cash, bank transfer or credit/debit card. The appointment will not be booked in until payment is made.
c. For jobs above Rs. 5000 + GST, payment terms will be confirmed with the client prior to making visits arrangements. Once client confirms they are happy with the terms,  MPS shall raise the invoices accordingly. The customer shall pay each invoice directly to  MPS. Failure to pay deposit at least 3 days prior to commencing the work will result in the job being re-scheduled and a 5% penalty of the estimated value being levied. Failure to make payments at scheduled intervals will result in the job being cancelled and or re-scheduled and a 10% penalty of the quotation value will be levied and charged on top of existing quoted value.
d. Payment can be made by cash, bank transfer or debit/credit card.
e. The customer shall pay all amounts due under the agreement in full without any deduction or withholding except as required by law and the customer shall not be entitled to assert any credit, set-off or counterclaim against  MPS in order to justify withholding payment of any such amount in whole or in part.
f. If the total due is not paid immediately without the company’s authorisation, we reserve the right to levy an administration charge of Rs.1000.00 per week. Where the total due is not paid by the customer within 5 days of the date of the completion of the works, in addition to the Rs.1500.00 administration charge, the customer must pay interest on the outstanding amount at the prevailing rate plus 18% per annum or pro rate per month or part of the month thereof and this rate shall apply both before and after the issue of any legal proceedings we may take against the customer to recover any unpaid amount.
g. Snagging: Where the works have been priced by way of a fixed price Quotation and have been completed subject to snagging, 95% of all amounts outstanding must be paid on such completion and the Customer must provide access to  MPS without delay to enable the snagging to be finalised. The balance of 5% will become payable upon the finalization of the snagging or, if access has not been made available to carry out the snagging within 14 days of completion, at the expiry of such 14 day period.
h.  MPS shall be entitled to charge Rs.750 per communication due to non-payment 14 days after initial payment grace period has passed.
i. The Company shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the works until payment has been made in full.
j. Where the Client is represented by a third party (such as a managing agent, contractor or other representative), in the event of non-payment by the Client, the third party will be responsible for payment unless  MPS has agreed otherwise in writing.
k. You must pay  MPS an administration charge of Rs.200.00 in respect of each dishonoured transaction you give us.
l.  MPS reserves all rights to acquire clients’ card details to secure measures in regard to last minute cancellations in accordance to our terms and conditions. This method is agreed during the booking arrangement, and details will be destroyed after payment and service completed.
m. Limits on liability: We do not accept responsibility for any loss you or anybody else might suffer because: 1. Any instruction or information you send us is sent in error, has failed to reach us, is distorted or incorrect 2. Payment is refused or declined by the credit/debit card supplier for whatever reason 3. We cannot accept liability if payment is refused or declined by the credit/debit card supplier (due to the customer quoting incorrect card details or other reasons).
n. Refunds/cancellation policy: Any cancellations or changes to bookings with regard to date and time must be made at least 24 hours in advance; otherwise, a cancellation fee of 50% of the cost of the job applies. The customer has the responsibility to make sure that the  MPS office has been notified with a clear statement (in writing) and is aware of any changes. Refunds will be credited back to the original credit card used for payment. If you change your mind after completing a transaction, please call us on 8286455455, 8286466466 or e-mail info@mpsfacilities.co.in for further advice.


Terms of website use (these terms)
This agreement (the ‘Agreement’) together with the documents referred to on it sets forth the terms and conditions by which Manpower Service Seva Sahakari Sanastha (Maryadit) (we, us,  Multi Purpose Services) offers you to use:
our Websites: https://www.mpsfacilities.in whether as a guest or a registered user and regardless of how you access them.
Our Apps: ‘mps’.
Please read these terms of use carefully before you start using the site as they will create a binding agreement between you and us and will govern our relationship whilst you are using our websites and apps. By using our site, you indicate that you have read, understood, considered and you accept these terms of use, and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Our Websites are operated by Manpower Service Seva Sahakari Sanastha (Maryadit). We are registered as society in India under provision of section 9(1) of Maharashtra co-operative society act 1960 (Maharashtra Act no 24 of 1961) as a social society and number MUM/WG-S/GNL/8208/2002-2003 and have our registered office at Room No 15, Bhogadevi Rahiwasi Sangh, PWD Compound, Ganpat Jadhav Marg, Worli, Mumbai 400018, Maharashtra, India.
1. Accessing our site
1.1. Access to our site is permitted on a temporary basis only, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
1.2. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
1.3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our absolute opinion/discretion you have failed to comply with any of the provisions of/in these terms of use.
1.4. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
2. Creating an account and using our websites, apps, and account systems
2.1. Only people who are 18 /eighteen/ years old or older may create and use an account with MPS Services.
2.2. You agree to always provide us with accurate and complete info, including if you provide us with your names, address of you or your property, date of birth, email address and/or any credit or debit card information or bank account details. We shall use this information according to our privacy policy.
2.3. You agree not to share your account or login credentials with anyone. You shall not sell, transfer or allow any other person to access your account or login credentials. You shall be entirely responsible for maintaining the confidentiality of your account and login credentials.
2.4. You agree to notify us immediately if you become aware of any breach of security, including any loss, theft or unauthorised access or disclosure of your account or login credentials.
2.5. You may terminate or suspend your account at any time by contacting us at support@mpsfacilities.in
2.6. We may terminate or suspend your account if we determine, at our absolute discretion that:
2.6.1. You have violated or are violating any term of this Agreement;
2.6.2.  MPS Services have stopped or will stop offering any or all services in your area or country;
2.6.3. Terminating your account would be in best interest for  MPS Services, the service providers or any third parties;
2.7. If your account is terminated, you will no longer have access to it, including not limited to, any of the data associated to the account, its contents, information, history or services. In case your account is terminated,  MPS Services, any of our subsidiaries, partners, service providers, licensors or any other third parties related to us shall have no liability to you. We also reserve the right to terminate any other accounts you may have created or created in the future.
2.8. You hereby acknowledge that you have read, understood, considered and agree that creating and using any and all accounts that you created with  MPS Services involves the risk that your account may be terminated or suspended and that, whenever you use the  MPS Services websites or apps, you will bear the risk in mind and esteem to always adhere to the rules set forth in this Agreement and conduct yourself appropriately.
2.9. If you submit any creative ideas, suggestions or materials to us (the ‘Unsolicited Ideas’), you grant  MPS Services, any of our subsidiaries, partners, service providers, licensors and/or any other third parties related to us a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive, and royalty-free right and license to use, reproduce, distribute, adapt, modify, translate, create derivative works of, publicly perform, publicly display, digitally perform, make available to the public, communicate to the public, sell, offer for sale, and import any and all Unsolicited Ideas, including all copyrights, trademarks, trade secrets, patents, designs, industrial rights, and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including sharing the Unsolicited Ideas with others, without any compensation to you. To the extent necessary, you agree that you undertake to execute and deliver any and all documents and perform any and all actions necessary or desirable to ensure that the rights to use the Unsolicited Ideas granted to us as specified above are valid, effective, and enforceable. Additionally, you give up any claim that the use by  MPS Services, any of our subsidiaries, partners, service providers, licensors, licensees or any other third parties related to us, of your Unsolicited Ideas and violations of any of your rights, including moral rights, privacy rights, rights to publicity, proprietary or other rights, and rights to credit for the material or ideas set for therein.
2.10 While using our websites, apps and account systems, you must comply with all applicable laws, rules and regulations in the jurisdiction in which you reside, as well as the additional rules set out by our Agreement with you and the rules that govern your use of our services.
3. Transactions concluded through our site and our liability to you
3.1. Our role is as/of an introductory agent for providers of wide range of cleaning and maintenance services and we are authorised by local providers to enter into a contract with you on the service providers' behalf. We will do this by taking your booking enquiry, allocating the booking to an available service provider (Provider) and then making you a phone call or doing SMS the details of your booking and providing a link to the Services Terms and Conditions.
3.2. Once you have submitted your requirement or enquiry on our app or website and submit it, a contract will come into existence between you and the Provider.
3.3. Your contract is with the Provider and the responsibility for the provision of the services rests solely with the Provider. Please read the Services Terms and Conditions carefully as they will be legally binding on you once you have indicated your agreement to them, directly or by confirming the booked service with the service provider.
3.4. Although your contract is with the Provider, we will continue to be your main point of contact whilst the Provider is providing the services that you have requested. Additionally, we may also process all non-cash payments from you on behalf of the Provider.
3.5. Please note that the responsibility for the provision of the services is the Provider's alone. You acknowledge and agree that we shall not be held responsible and incur no liability of any kind, under any circumstances whatsoever for the provision of services.
3.6 We welcome your feedback about Providers and if you experience problems of any kind with a Provider please contact us straightaway on 022 24944455.
4. Intellectual Property Rights
4.1. We are the owner or the licensee of all intellectual property in our websites and apps, and of the material published on it. Those works are protected by copyright laws and treaties around the world. We,  MPS Services, any of our subsidiaries, partners, service providers, licensors or any other third parties related to us own and reserve all intellectual property rights and other rights and title in and to the  MPS Services, and all data and content included therein, including, user accounts, computer and/or app code, titles, objects, chat logs, phone recordings, artwork, graphics, designs, photos, pictures, sounds, musical compositions and recordings, and methods of operation.
4.2. We grant you a limited, non-exclusive, non-transferable, revocable license to use and enjoy the  MPS Services owned website, apps and account system, for your individual, non-commercial purposes only and expressly conditioned upon your compliance with the terms of this Agreement. Unless otherwise expressly authorised by us in a signed writing, you may not sell, copy, exchange, loan, reverse engineer, decompile, derive script from, translate, lease, grant security interest in, transfer, publish, assign or otherwise distribute any of the  MPS Services intellectual property.
4.3. You acknowledge and agree that unless we grant you a license, in a signed written contract, you may never use any of our trademarks, service marks, trade names, logos, domain names, taglines, or trade dress. Any reproduction, redistribution, or modification of the  MPS Services and its properties, or use of the  MPS Services or its properties, not in accordance with this Agreement, is expressly prohibited and may result in civil and/or criminal penalties.
4.4. You acknowledge and agree that you shall have no ownership or other property interest in your account, and that all rights in and to your account are and shall forever be owned by and inure to the benefit of  MPS Services.
4.5. You acknowledge and agree that you have no claim, right, title, ownership, or other proprietary interest in the contents of the websites and/or the apps, and/or any other credits accumulated through any  MPS Services websites, apps or account systems, regardless of any consideration offered or paid in exchange.
4.6. You acknowledge and agree that  MPS Services, any of our subsidiaries, partners, service providers, licensors or any other third parties related to us, shall not be liable in any manner for the deletion, modification, impairment, hacking, or any other damage or loss of any kind caused to content of the websites, apps, accounts and/or account systems, including deletion of any and all of the websites, apps, accounts, account systems and/or any and all accumulated credits.
4.7. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
4.8. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.9. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
4.10. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
4.11. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4.13. If you’re a copyright owner or agent thereof and believe that content posted on our websites or in our apps or elsewhere, infringes upon your copyright, please submit a notice to the Legal Department with:
- An electronic or physical signature of the person authorised to act on behalf of the copyright owner; - A description of the copyrighted work that you claim has been infringed; - The URL of the location on the website or a screenshot of the location in the app containing the material you claim is infringing; - Your address, telephone number, and email address; - A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and - a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or the person authorised to act on the copyright owner’s behalf.
Mail: 
Email: info@mpsfacilities.in
Please note that these notifications are legal notices and that  MPS Services may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law. The Privacy Policy does not protect information provided in this notices.
5. Trust on information posted
5.1. Commentary and other materials posted on our site are not intended to amount to advice on which trust should be placed.
5.2. We therefore refuse all liability and responsibility arising from any trust placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
6. Our site changes regularly
6.1. We put a lot of effort to improve our services. Thus, our site is updated regularly, and we may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. You agree that we may change, update, suspend or restrict your access to any features, parts or the whole site and/or app, at any time, without notice or liability to you. Additionally, you understand and agree that  MPS Services might change any system specification requirements necessary to install and use the apps or the sites, in such case you are solely responsible to make sure that you meet the requirements for any necessary additional software or hardware, in order to use the apps or the sites.
6.2. Any of the material on our site may be out of date at any given time, and we are under no obligation to update any and all materials, whatsoever.
7. Our liability for the material on the site
7.1. The  MPS Services and the materials displayed on our site is provided to you on ‘as is’ and ‘as available’ basis, without any guarantees, warranties or representations of any kind, express or implied. To the fullest extent permitted by applicable law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
7.1.1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
7.1.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our websites or in connection with the use, inability to use, or results of the use of our websites, apps, account systems and/or any websites linked to it and any information and/or materials posted on it, including:
7.1.2.1. loss of income or revenue;
7.1.2.2. loss of business;
7.1.2.3. loss of profits or contracts;
7.1.2.4. loss of anticipated savings;
7.1.2.5. loss of data;
7.1.2.6. loss of goodwill;
7.1.2.7. wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.2. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
8. Indemnity
8.1. You hereby acknowledge and agree to indemnify, defend and hold harmless  MPS Services, any of our subsidiaries, partners, service providers, licensors, licensees or any other third parties related to us, our officers and directors from and against any and all claims, lawsuits, damages, losses, liabilities and costs that directly or indirectly arise or result from your use or misuse of the  MPS Services websites, apps, account systems, services, any violation by you of any of the provisions of this Agreement or the Privacy Policy or any infringement by you of any third party’s right.
8.2.  MPS Services reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which even you will cooperate with  MPS Services in asserting any available defences.
9. Information about you and your visits to our site
9.1. We monitor and may process information about you in accordance with our Privacy Policy.
9.2. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
10. Uploading material to our site
10.1. Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in these terms. You warrant that any such contribution does comply with those standards. In cases where any such contribution does not comply with those standards and is a cause for a claim or a dispute you agree and undertake to indemnify us for any breach of that warranty.
10.2. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
10.3. You are responsible and liable for any and all communications, information, images, material, their contents and accuracy transmitted, uploaded or posted to our websites, apps or account systems by you to us and any third party.
10.4. You hereby acknowledge and agree that none of the communications, information, images, material and their contents will not be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of  MPS Services, any of our subsidiaries, partners, service providers, licensors, licensees or any other third parties related to us won’t be liable for any and all use or disclosure of the communications, information, images, material and their contents. You waive any moral rights you may have in the content that you have posted to the maximum extent permitted by the laws of your jurisdiction.
10.5. You hereby represent, warrant and agree that the communications, information, images, materials and their contents shall not violate any third-party rights.
10.6. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in these terms.
11. Viruses, hacking and other offences
11.1. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
11.2. By breaching this provision, you would commit a criminal offence under the Cyber Crime. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
11.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
12. Linking to our site and removal of links
12.1. You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association or in misleading context.
12.2. Appropriate link text should always be used in links pointing to our website.
12.3. Our site must not be framed on any other site or use any similar technology in relation to the content of the website. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms.
12.4. If you wish to make any use of material on our site other than that set out above or to link to us for commercial purposes, please address your request to info@mpsfacilities.in.
12.5. You agree that, should we request the deletion of a link to our website that is within your control, you will delete the link promptly.
12.6. If you would like us to remove a link to your website that is included on this website, please contact us. Unless you have a legal right to demand removal, such removal will be at our discretion.
13. Links from our site
13.1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
13.2. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14. Limitation of liability
14.1. Under no circumstances, and under no legal theory, whether in contract, tort (including negligence), strict liability or otherwise, shall  MPS Services be liable to you or any other person for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (including, damages for loss of business, loss of data, loss of goodwill, or lost profits), or any damages for gross negligence of any kind (including, damages for work stoppage, or any other commercial damages or losses) arising from your use or misuse of the  MPS Services, even if  MPS Services knew or should have known of the possibility of such damages. In no event shall  MPS Services be liable for any damages in excess of any amount you have paid to  MPS Services for provision of services, if any, during the six /6/ months immediately prior to the time your cause of action arose.
14.2. Notwithstanding the aforementioned limitations of liability nothing in this agreement shall limit  MPS Services liability:
14.2.1. for damage from injury to life, body or health due to negligent breach of duty or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of  MPS Services;
14.2.2. for other damage arising from a grossly negligent breach of duty by  MPS Services or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of  MPS Services;
14.2.3. for intentional misconduct;
14.2.4. for damage arising from a negligent breach of an obligation that is essential for the performance of the contract by  MPS Services to the extent that is typical and foreseeable;
14.2.5. for any guarantee given by  MPS Services to you; and
14.2.6. for any liability under a jurisdiction’s applicable services liability legislation.
14.3. Because certain states or jurisdictions do not allow for exclusion or limitation of liability for certain types of losses or damages, in such states or jurisdictions, the liability of  MPS Services shall be limited to the fullest extent permitted by applicable law.
15. Jurisdiction and applicable law
15.1. The Indian courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your place of residence or any other relevant state.
15.2. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of India.
16. Alternative dispute resolution
16.1.  MPS Services and you hereby agree to first attempt to informally negotiate any claim or dispute for at least 30 /thirty/ days.
16.2. You shall notify  MPS Services of any claims that you have by sending a notice to:
16.3.This clause /13/ shall have no effect on any statutory rights to initiate a court proceeding in case of a dispute and shall not suspend any statutory limitation periods applicable to the bringing of a claim.
17. Variations
17.1. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
18. Partnership
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and  MPS Services, any of our subsidiaries, partners, service providers, licensors, licensees or any other third parties related to us, as a result of this Agreement and/or your use of the  MPS Services websites, apps and/or account systems.
19. Assigning
19.1. You hereby acknowledge and agree that  MPS Services may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent.
19.2. You hereby acknowledge and agree that you may not assign the Agreement without  MPS Services’ prior written consent, and any unauthorised assignment by you shall be null and void.
20. Waiver
20.1.  MPS Services omission to enforce any provision of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. Any waiver by  MPS Services, any of our subsidiaries, partners, service providers, licensors, licensees or any other third parties related to us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
21. Severability
21.1. If any provision of this Agreement is held to be invalid or unenforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
21.2. If any provision cannot be reformed, any such provision shall be deemed severable from the terms of the Agreement and shall not affect the validity and enforceability of any remaining provisions.
22. Headings
22.1. The headings in this Agreement shall have no legal effect whatsoever and are provided for informational purposes only.
23. Term
23.1. This Agreement shall be effective as of the date that you indicated that you accept it, whether explicitly or by using the websites, apps and/or account systems of  MPS Services, and shall last as long as you continue using the websites, apps and/or account systems of  MPS Services.
23.2 You may terminate this agreement by simply ceasing to use the websites, apps and/or account systems of  MPS Services.
23.3. You may terminate your account by notifying  MPS Services at info@mpsfacilities.in.
24. Survivability
24.1. Clauses 2.2-2.4 (inclusive), 3, 4, 7, 8, 10, 14-22 (inclusive) shall survive the termination of this Agreement and continue to be in full force.
25. Entire Agreement
25.1. This Agreement represents the complete agreement between you and  MPS Services concerning the use of our websites, apps and account systems, and supersedes any prior or contemporaneous agreements between you and  MPS Services.
25.2. This clause shall have no effect and shall coexist with the Terms and Conditions of the actual services, and shall coexist and not supersede any other  MPS Services policies referenced in this Agreement.
26. Your concerns
26.1 If you have any concerns about material which appears on our site, please contact support@mpsfacilities.in
You hereby acknowledge and agree that you have read, understood, considered and accept this Agreement, and that by using or accessing the  MPS Services websites and/or apps, you are agreeing to be bound by the terms and conditions set forth herein.
Thank you for visiting our site!