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Terms of Service for MonsterLabs Technologies Ltd.Please read these Terms of Service (“Terms”), which set forth the legally binding terms and conditions between you (“You”) and MonsterLabs Technologies Ltd (“MonsterLabs” or the “Company” or “we”, “our” or “us”). It governs your access to and the use of MonsterLabs' website, mobile application and the services offered by MonsterLabs.Our collection and use of personal information in connection with your use of our Services are described in our Privacy Policy.Your access to use our Services is conditioned on your acceptance of and compliance with these Terms. These Terms, all applicable laws, conditions and policies referenced here apply to all visitors, users and others who access or use our Service.Our website is not directed at you if we are prohibited by any law of any jurisdiction from making the information on our website available to you and is not intended for any use that would be contrary to your local law or regulation.By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access our Services.
  • Definitions
    • In these Terms,“MonsterLabs Account or Account” means a unique personified account registered in the name of a person and which contains details of such on the Platform (as defined below).“MonsterLabs Content” means any information, resources or data (including text, images, photos, videos, audio, and documents) or any other content in any media and format that MonsterLabs may provide or make available to you in connection with your use of the Platform.“Platform” means, collectively the Company's website, mobile application and other related applications provided by MonsterLabs.“Service(s)” means all products and services provided to you by MonsterLabs and as described in clause 3 of these Terms.“Service Fee” means the amount charged by MonsterLabs as consideration for MonsterLabs' Services.“Site” means Trymaxim provided by MonsterLabs Technology Ltd.“Terms” means these standard terms of service.“Users” means a person who completes the registration process for the purpose of making use of our services.“User-Submitted Content” means all information and data (including text, images, photos, videos, audio, and documents) or any other content in any media and format that you, directly or indirectly, provide or make available to us in connection with your use of the Platform.
  • Acceptance of Terms
    • The Service is offered subject to acceptance of all the terms and conditions contained in these Terms and all other operating rules, policies and procedures that may be published on the Platform by MonsterLabs, which are incorporated by reference, including operating rules, policies and procedures of third-party service providers to the Platform that are referenced herein. These Terms apply to every user of the Service.In addition, some services offered through the Platform may be subject to additional terms and conditions adopted by MonsterLabs. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.MonsterLabs reserves the right, at its sole discretion, to modify or replace these Terms from time to time by posting the updated terms on the Platform. It is your responsibility to check the terms periodically for changes. If you object to such changes, your sole recourse will be to cease using the Platform and the Service. Your continued use of the Service following the posting of changes to the Terms will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.MonsterLabs reserves the right to change, suspend, or discontinue the Service (including but not limited to, the availability of any feature, database, or content) at any time for any reason. MonsterLabs may also impose limits on certain features and Services or restrict your access to parts of or the entire Platform without notice or liability.
  • Scope of Service
    • MonsterLabs' Services and products facilitate access to consumer credit information from a number of countries around the world tailored to the unique needs of migrant populations. Our services include credit record services, background verification, loan facilitation, credit card issuance, and financial insight analytics. Our Services may display or include some content that are not MonsterLabs' e.g. proprietary credit data from credit bureaus. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal, inaccurate or has a permissible purpose of use, and, as a consequence we may change, erase, or modify that content in accordance with the process agreed upon with the content provider and as prescribed by applicable laws.
    • Users of MonsterLabs' Services can access the Platform (subject to meeting the pre-qualification criteria) by signing up on the Platform and creating an account (MonsterLabs Account) by providing a name, an email address and a password.
    • MonsterLabs may make access to and use of the Service, or certain areas or features of the Platform, subject to certain conditions or requirements, such as signing up for an account, completing a verification process, meeting specific quality or eligibility criteria.
  • Accounts
    • To access our Services as a User, you are required to sign up on the Platform, create an account (“MonsterLabs Account”) by providing your full name, email address, phone number, password, and any other information we require from you to process or create your MonsterLabs Account.
    • In order to access some of our Services, you may need to provide information and agree to additional consents or terms. For example, in order to authorise us to pull and provide access to your foreign credit data, you will need to provide personal information necessary to identify your file in the relevant foreign credit bureau and provide specific consent for us to request your foreign credit data on your behalf from the foreign credit bureau, and transfer this data to third party end users you have chosen.
    • You must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account on our Platform and access to our Service.
    • You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
    • You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your MonsterLabs Account.
    • You agree to strictly observe the security and authentication procedures of the Site/Service and you will log out from the website by taking proper steps at the end of every visit.
  • User's Representations and Warranties
    • Representations and warranties are statements and promises made by you to MonsterLabs, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the Service:
    • you are over the age of 18 (eighteen) years and are of sound mind and have the capacity to enter into a legally binding contract;
    • all personal information that you provide about yourself or your business is accurate and true to the best of your knowledge; and
    • you are not breaching any laws or regulations that are applicable to you.
  • Intellectual Property
    • The Service and its original content, features and functionality are and will remain the exclusive property of MonsterLabs. Our trademarks and trade name may not be used in connection with any product or service without the prior written consent of MonsterLabs.
    • You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit MonsterLabs' Site or MonsterLabs Content, except to the extent that you are the legal owner of certain User-Submitted Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MonsterLabs or its licensors, except for the licenses and rights expressly granted in these Terms.
    • Subject to your compliance with these Terms, MonsterLabs grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Collective Content made available on or through the website and accessible to you, solely for your personal and non-commercial use.
    • Users shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent that applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
  • Payment and Fees
    • In consideration of your use of our Platform, we will charge a Service Fee. The Service Fee will be set at a value and charged in a manner determined by MonsterLabs from time to time and you hereby agree that the fees are acceptable, and you are satisfied with the fees before you use the Platform. Payment processing services for Users on the Platform are provided by our payment service providers and are subject to the service agreement between MonsterLabs and its payment service providers. By agreeing to these terms or continuing to operate as a User on the Platform, you agree to be bound by the service agreement between MonsterLabs and its service providers, as the same may be modified from time to time.
  • Prohibited Activities
    • You shall not use the Service for any purpose that is prohibited by these Terms. You are responsible for all your activity in connection with the Service. Violation of our rules may result in the termination and cancellation of your Account. You acknowledge and agree that we may terminate any MonsterLabs Account at any time for any reason (including, but not limited to, our independent assessment or the receipt of claims or allegations from third parties or authorities).
    • You shall not utilise the Platform or the Service for any illegal purpose, or in violation of any local, state, national, or international law.
    • You are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Service. In connection with your use of the Platform, you will not and will not assist or enable others to:
    • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
    • use the Site or MonsterLabs Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies endorsement, partnership or otherwise misleads others as to your affiliation with MonsterLabs;
    • copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Site in any way that is inconsistent with MonsterLabs' Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties; and
    • use the Platform in connection with the distribution of unsolicited commercial messages ("spam");
    • You shall not use the Platform with the intention for any other reason to:
    • discriminate against or harass anyone on the basis of race, tribe, origin, religion, gender, physical or mental disability, medical condition, marital status, or age, or otherwise engage in any abusive or disruptive behaviour;
    • use, display, mirror or frame the Platform or MonsterLabs Content, or any individual element within MonsterLabs, MonsterLabs' name, any trademark, logo or other proprietary information belonging to MonsterLabs, or the layout and design of any page or form contained on a page on the Site, without MonsterLabs' express written consent;
    • dilute, tarnish or otherwise harm MonsterLabs' brand in any way, including through unauthorised use of MonsterLabs Content, registering and/or using MonsterLabs' or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to MonsterLabs' domains, trademarks, taglines, promotional campaigns or collective content;
    • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;
    • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by MonsterLabs or any of MonsterLabs' providers or any other third party to protect the Platform;
    • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
    • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform; and
    • violate or infringe anyone else's rights or otherwise cause harm to anyone.
    • You acknowledge that MonsterLabs has no obligation to monitor the access to or use of the Platform by any User or to review, disable access to, or edit any User-Submitted Content, but has the right to do so to (i) operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure User's compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms.

      Users agree to cooperate with and assist MonsterLabs in good faith, and to provide MonsterLabs with such information and take such actions as may be reasonably requested by MonsterLabs with respect to any investigation undertaken by MonsterLabs or a representative of MonsterLabs regarding the use or abuse of the Platform.
  • Links to Other Websites
    • Our Platform may contain links to third-party websites or services that are not owned or controlled by MonsterLabs.
    • MonsterLabs has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites sites or services. You further acknowledge and agree that MonsterLabs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
    • We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
  • Termination
    • We may terminate or suspend our Service to you immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach the Terms.
    • Upon termination, your right to use the Platform and our Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
  • Indemnity
    • You agree to indemnify and hold harmless MonsterLabs, its affiliates and subsidiaries, its officers, directors, employees and agents, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profits, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:
    • your fraudulent or illegal use of the Service or the Platform;
    • your negligence or any default by you of any of these Terms;
    • any inaccurate or incomplete information that you have knowingly provided to us;
    • your allowing any other person to access your account either with your permission or as a result of your failure to keep your username and password private;
    • any claim made against you for actual or alleged infringement of the Company's Intellectual Property Rights or any actual or alleged infringement of a third party's Intellectual Property Rights arising out of or in connection with the Service or your use of the Platform.
  • Limitation of Liability
    • Except with respect to rights that cannot be waived under consumer reporting, consumer protection or other applicable laws, and to the fullest extent permitted by law, in no event shall MonsterLabs, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
    • your use of the Platform or the Service or your inability to use the Platform or the Service;
    • any conduct or content of any third party on the Platform;
    • any unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose; and
    • any legal proceedings between you and any third parties.
  • Disclaimer
    • Your use of the Service is at your sole risk. The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. The Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
    • MonsterLabs, its subsidiaries, affiliates, and its licensors do not warrant that a) the Platform will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Platform is free of viruses or other harmful components; or d) the results of using the Platform will meet your requirements.
    • Almost all or most of the information contained in our credit reporting products is provided to us by others and therefore we do not control the accuracy or completeness of the information contained in the products.
    • If we provide access to credit data provided by a supplier, including a foreign credit bureau, that supplier is solely responsible for the accuracy and completeness of the data they provide. Neither we, nor any of our directors, officers, agents, employees, suppliers, licensors, affiliated companies, or affiliated credit bureaus warrant the correctness, completeness, accuracy, current status, or any other aspect of any credit information product or information contained in any product in any way.
    • No advice or information, whether oral or written, obtained by you from our services or the MonsterLabs entities or any materials or content available through our services will create any warranty regarding MonsterLabs or our Services that is not expressly stated in this Agreement. We are not responsible for any damage that may result from our services. You understand and agree that you use any portion of our Services at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the service) or any loss of data.
    • In no event will MonsterLabs, its partners, service providers, affiliates or any of their respective directors, officers, employees or agents be liable to the other party for any special, incidental, indirect, punitive, exemplary or consequential damages, whether foreseeable or unforeseeable, which may arise out of or in connection with this Term, regardless of whether either party has been apprised of the possibility or likelihood of such damages occurring, or whether claims are based or remedies are sought in contract or tort otherwise.
  • Governing Law
    • These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
    • Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms & Conditions constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
  • Dispute Resolution
    • Any disputes arising under or in connection with the validity, interpretation and performance of this Terms between MonsterLabs and any third parties that cannot be resolved amicably by the parties through negotiation within 30 (thirty) days may be escalated by either Party as follows:
    • For mediation in accordance with the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Rules as then in force (and those Rules are deemed to be incorporated by reference into these Terms); and
    • If the Dispute is not settled by mediation within twenty (20) Business Days of the start of the mediation, for arbitration in accordance with the CEDR Arbitration Rules then in force (and those Rules are deemed to be incorporated by reference into these Terms). The number of arbitrators shall be one (1) and the seat of arbitration shall be the jurisdiction mutually agreed to by the parties.
    • All mediation and/or arbitration proceedings (including any correspondence) shall be in English. All awards shall bind the Parties and may, if necessary, be enforced by any Court in any relevant jurisdiction.
    • The Parties shall keep all negotiations, mediation and arbitration strictly confidential (unless expressly agreed to the contrary in writing) and all information, documents and other materials disclosed in the course of the negotiations, or the mediation or arbitration proceedings shall be used solely for the purpose of those negotiations and proceedings.
    • Each party shall bear its cost in connection with the Dispute resolution proceedings and the mediator and/or arbitrator's fees shall be split equally between both parties.
  • Force Majeure
    • MonsterLabs shall not be liable for failure to perform, or for delay in performing its obligations hereunder if such failure or delay shall be due to natural disasters, war, riot, civil commotion, weather, pandemics, epidemics, labour disputes, failure of sub-contractors or any other cause beyond its reasonable control and whether or not of a similar nature to the foregoing.
  • Feedback
    • We welcome and encourage you to provide feedback, comments and suggestions for improvements to MonsterLabs' Platform or Service. You may submit your feedback by emailing us at techsupport@trymaxim.com. Any feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting your feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
  • Changes to Terms of Service
    • MonsterLabs reserves the right, in its sole discretion, to change these Terms of Service. In the event of changes, we will provide you with reasonable notice via e-mail (to registered Users) and pop-up messages displayed on the Platform in advance of the effective date of the update.
  • Contact us
    • If you have any questions about these Terms of Use, please contact us at: techsupport@trymaxim.com
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