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Terms of Use -

This Terms of Use Agreement (this “Agreement”) is a legal agreement between Users (whether the person is a visitor which means that the User is simply browsing the website, or is a member which means that User has registered with the MWM Annual Financial Return Compliance Portal (for availing compliance services), and MWM Annual Financial Return Compliance (“MWM”, “us”, “we” or “our”) governing the use of our website …………………………… .

By using or accessing our website, registering for annual financial returns compliance service on our website, or downloading material from the website, or sharing any information you agree to be legally bound by this Agreement.

The MWM website provides a wide range of compliance services enabling our clients to reach their compliance goals (“Services”).

Updates to this Agreement

We reserve rights to revise or otherwise change or update this Agreement. Please review the “Last Updated” versions at the top of this page to see when this Agreement was last revised. Changes will become effective immediately after they are posted. We encourage you to periodically review this Agreement to see if there have been any changes that may affect you. If you do not agree to this Agreement as modified, then you must discontinue your use of the Website. Your continued use of the Website will signify your continued agreement to this Agreement as it may be revised from time to time.

Eligibility

MWM agrees to provide the Services to the User, subject to the following conditions: User has the right, authority, and capacity to enter into these Terms; Registration information submitted by the User on the Website is truthful and accurate; User is neither a competitor of MWM nor is using the Website for reasons that are in competition with MWM; User will be utilizing the Website and related Services under parental guidance if he/she is under 18 years of age; and Use of the Website and related Services by User does not violate any applicable laws.

Authorized Use

While using this Website, you are required to comply with all applicable laws, rules, statues, orders and regulations. The Users shall not use the Website for any unlawful, fraudulent or illegal purpose. The Users shall not take any action to interfere with the Website or any other User’s use of the Website. In addition, we expect users of the Website to respect the rights and dignity of others. By way of inclusions and not limitation, you may not (and you expressly agree that you will not) do any of the following, which violate this Agreement:

  • Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Website any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;
  • Reproduce, duplicate or copy any portion of the Website, except as authorized by this Agreement;
  • Sell, resell or otherwise exploit for any commercial purposes, the use or or access to the Website or any portion thereof without the prior written consent of the MWM;
  • Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, or express or imply that we endorse any statement the User makes;
  • Remove any copyright, trademark, or other proprietary rights notice from the Websites or materials originating from the Websites;
  • Violate or attempt to violate the security of the Website;
  • Disseminate on the Website any viruses, worms, spyware, adware or other malicious computer code, file or program that is harmful, invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
  • Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Website or to collect any information from the Website or any other user of the Website; or
  • Assist or permit any persons in violating this Agreement or applicable statutes, orders, regulations, rules, and other laws governing the use of the Websites.

Intellectual Property Rights

All content (“Content”) available through the Websites is protected by copyrights, trademarks or other proprietary rights and laws. Except as set forth herein or otherwise agreed in writing by the MWM or other rights owner(s), the use of any Content available on the Website is strictly prohibited. Subject to any third party copyright noted on the Website the MWM therefore allows and will not assert any copyright claims based solely on the use, publication, display or distribution of all or any portion of such publicly available materials.

User may use the MWM publicly available material from the website explicitly made available for public use, (a) keep intact all copyright and other proprietary notices; (b) use the materials available on the website subjected to associated licenses; (c ) obtain consent of any applicable party with respect to third-party copyright, as necessary, (d) use appropriate attribution where feasible; (e) make no modification to the MWM website related material; (f) not to make any additional representations or warranties relating to the MWM website and materials; (g) do not make use of MWM website or material in any way that deems inappropriate or inadvisable in its sole discretion. Any rights not expressly granted herein are reserved.

User-Submitted Information

Users are responsible for any Content user transmit through our Websites. Users agree, represent and warrant that any Content User transmit through our Websites or to us is truthful, accurate, not misleading and offered in good faith, and that Users have the right to transmit such Content. Users shall not upload, post or otherwise make available on or through the Website any Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). Users shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary rights, or any other harm resulting from such a submission. We do not want Users and would not be held responsible for any confidential or proprietary information unless (a) transmitted pursuant to the MWM’s regulatory activities; (b) or provided to us as a part of complaint redressal procedure. By voluntarily submitting information through the MWM website such as personal information, email IDs, bank/card details and business details, by you, or any information or data as mentioned above submitted by your employer to avail our services for you, grant to the MWM (or warrant that the owner of such information has expressly granted to the MWM) a royalty-free, perpetual, irrevocably and unrestricted right and license

  • to use, reproduce, display, modify, adapt, publish, translate, transmit, distribute or otherwise make available to others such Content (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed;
  • to exercise all copyright, trademark, publicity, privacy and other proprietary rights with regard to such Content; and
  • to use Users name, likeness and/or other biographical information in any and all media and/or communications. You agree that MWM may use the data or information provided by you or your employer to send you communications via email related to Pension Reports and Investment Reports.
  • to use Users data or information for MWM internal purposes, audit purposes, communication purposes either provided by the Users or their employers.

Secure User Accounts

Certain portions of our Website are accessible only to users who have registered for our services and given login credentials (“Secure Users”). If you are a Secure User, you agree to accurately maintain and update any information about yourself and your account that you have provided to MWM.

You further agree that you are responsible for all activities that occur under your Secure User account. You are responsible for maintaining the confidentiality of your login credentials and you agree not to share your login credentials with any unauthorized parties. You also agree to notify us promptly of any unauthorized use of your login credentials or any other breach of security that you become aware of involving or relating to a Website by emailing us at …………………………………………………………………….

The MWM reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Website and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account.

WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

Child Privacy

If Users are under the age of 18, please do not use or access the Website. It is not our intention to collect or use personal information from anyone under 18 years of age, and we will not knowingly do so. If we are made aware that we have collected any personal information from children under the age of 18 and are asked to delete such information from our system, we will promptly do so.

Changes to the Website

MWM may make improvements and/or changes to the Websites, add or remove features, or terminate a Website at any time without notice. MWM (a) reserve the right (but have no obligation) to change the Content or other offerings on the Website, at any time without any notice or liability to you or any other person; and (b) do not warrant that information on the Website is accurate, complete, reliable, current or error-free. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

Communications

Users consent to receive communications via electronic medium from MWM periodically as and when required. User agrees and acknowledges that all communication between MWM and the User in such format shall satisfy all legal requirements pertaining to such exchange.

Terms and Termination

These Terms shall remain in full force and effect unless and until User’s account is terminated as provided herein. Users may terminate his/her account as per the instructions provided on the Website, and end their use of the Services at any time. MWM has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate User’s account, block User’s email or IP address, or otherwise terminate User’s access to or use of the Website and the Application, (ii) remove and discard any code or content within any network anywhere on the Website (iii) shutdown a network, including permanent deletion of any network data, with or without notice, on the Website and with no liability of any kind to User.

In the event of any breach of trust and security, User shall agree to absolve MWM and its affiliates, and their respective partners, employees, information providers, and officers of any responsibility. User consents that MWM and its affiliates and their respective partners, employees, information providers, and officers shall be free from harm, and any or all liabilities, and any cost incurred by MWM and its affiliates and their respective partners, employees, information providers, and officers shall be duly paid or reimbursed as per the directive of the appropriate court of law. MWM reserves the right to assume the defense and control of any matter pertaining to breach of trust and security, at its own expense. Users shall not settle any such case without the prior written consent of MWM.

These Terms (other than User’s right to use the Services) shall survive termination or expiration of the Website and Services.

Third Party Content

The MWM Website may contain features and functionalities that allow access to third party content, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services. Any such activities, and any terms associated with such activities, are solely between User and such third parties. Users should make whatever investigation he/she may feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Users are solely responsible for their dealings with any third party, including the use of applications or services. If User has any problems resulting from use of any third party services, or suffers data loss or other losses as a result of problems with any of other service providers or any third-party services, MWM shall not be responsible for the same.

Additionally, MWM or third parties may provide hyperlinks, or any other form of link or redirection of User’s connection to other sites (“Third Party Sites”). These Third Party Sites are in no way integrated into the MWM and the inclusion of any link on the website or any network does not imply MWM affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein.

USER’S CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN HIM/HER AND THE THIRD PARTY. MWM ENCOURAGES THE USER TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD PARTY SITE OR APPLICATION THAT HE/SHE VISITS OR USES. MWM DISCLAIMS ANY HARM THAT MAY RESULT FROM USER’S CHOICE TO USE ANY THIRD PARTY SERVICES, INCLUDING, BUT NOT LIMITED TO, THIRD PARTY SERVICES HOSTED ON THE SITE WHICH MAY ASK TO ACCESS, AND MAY RETAIN, USER’S PERSONALLY IDENTIFIABLE INFORMATION. USER AGREES THAT HIS/HER USE OF THIRD PARTY SERVICES IS AT HIS/HER OWN RISK.

Governing law

These Terms shall be governed by and interpreted and construed in accordance with the laws of British Virgin Islands. The User hereby consents to the exclusive jurisdiction of the appropriate courts of BVI in respect of any disputes arising in connection with the Platforms, the Terms, Privacy Policy, or any matter related to or in connection therewith.

Warrant Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, ACCURACY, OMISSIONS, COMPLETENESS OR DELAYS, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER TORT, CONTRACT, OR OTHERWISE), MWM, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, PARTNERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORMS AND USER’S USE OF THE SERVICES THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. IN ADDITION, NEITHER MWM NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, PARTNERS, EMPLOYEES, AND AGENTS, MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORMS’ CONTENT, OR THE SERVICES, OR THE CONTENT OF ANY SITES LINKED TO THE PLATFORMS, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND USE OF THE PLATFORMS; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORMS; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORMS BY ANY THIRD PARTY; AND/ OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OFFERED ON THE PLATFORMS, CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORMS. MWM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORMS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MWM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE PLATFORMS ARE CONTROLLED AND OFFERED BY MWM FROM ITS FACILITIES IN BVI. MWM MAKES NO REPRESENTATIONS THAT THE PLATFORMS IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORMS FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.

Limitation of Liability

IN NO EVENT SHALL MWM, ITS PARTNERS, OR THEIR RESPECTIVE OFFICERS, PARTNERS, EMPLOYEES, OR AGENTS, BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MWM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnification

User shall indemnify and hold harmless MWM and any of its affiliates and their respective officers, partners, agents, and employees from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including attorney’s fees, made by any third party or penalty imposed due to or arising out of the User’s breach of these Terms, Privacy Policy, any other policy followed by MWM and / or violation of any applicable law or the rights (including infringement of intellectual property rights) of a third party.

Confidentiality

The parties to this Agreement agree that each shall treat as confidential all information provided by a party to the others regarding such party’s business and operations, financial information. All confidential information provided by a party hereto shall be used by any other parties hereto solely for the purposes of rendering services pursuant to this Agreement and, except as may be required in carrying out the terms of this Agreement, shall not be disclosed to any third party without the prior consent of such providing party. The foregoing shall not be applicable to any information that is publicly available when provided or which thereafter becomes publicly available or which is required to be disclosed by any regulatory authority in the lawful and appropriate exercise of its jurisdiction over a party, any auditor of the parties hereto, by judicial or administrative process or otherwise by applicable law or regulation or as required under AML/CFT Code and Regulation.

Internet Delays and Force Majeure

MWM Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Access to the Website may be interrupted due to routine maintenance and for the introduction of new features. MWM shall not be responsible for any delays, delivery failures, and interruptions due to routine maintenance and for the introduction of any new features, or other damage resulting from such problems. MWM shall not be in default for failing to perform any obligation hereunder if such failure is caused solely by supervening conditions beyond its respective control, including without limitation acts of God, civil commotion, riots, crowd disorder, strikes, lock-outs, other industrial actions, actual or threatened terrorist activities, war, fire, technical or power failure, failure of third party networking equipment, failure of the public Internet, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, epidemic or other natural or physical disaster, labour disputes or governmental demands or restrictions.

International Users

The Websites are controlled, operated and administered by the MWM (or its licensees) and are not subjected to laws or jurisdiction of any state, country or territory other than that of the British Virgin Islands. THE MWM DOES NOT REPRESENT OR WARRANT THAT THE WEBSITES OR ANY PART THEREOF ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE BRITISH VIRGIN ISLANDS. Those who choose to access the Websites do so on their own initiative and at their own risk, and are responsible for complying with all statutes, orders, regulations, rules and other laws of applicable jurisdictions.

Notice

MWM may give notice by means of a general notice on the Services via electronic mail to User’s email address on record in User’s account information, or by written communication sent by first class mail or pre-paid post to User’s address on record in such aforesaid account information. Further, User may give notice to MWM (such notice shall be deemed given when received by MWM) at any time by sending a letter or e-mail to such following address:

Name: Kenneth B. Scarlett

Mailing Address: Geneva Place (2nd Floor), 333 Waterfront Drive, Road Town, Tortola, BVI

Phone Number: 1-284-499-4388

Email address: kscarlett@lanxlancis.com

Severability

If any of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

Waiver

The failure of MWM to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MWM in writing.

Entire Agreement

These Terms comprise the entire arrangement between User and MWM and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

sGrievance Officer

The name and contact details of the Grievance Officer are provided below, for any Users to raise any complaints/queries or concerns:

Name: Kenneth B. Scarlett

Mailing Address: Geneva Place (2nd Floor), 333 Waterfront Drive, Road Town, Tortola, BVI

Phone Number: 1-284-499-4388

Email address: kscarlett@lanxlancis.com

Contact

If the Users have questions about this Agreement, or if you have technical questions about the operation of the Website, please contact us via email at: …………………………………………..