Monginis

Terms and Conditions

Thank you for web portal provided by Monginis Foods Pvt. Ltd.

The Terms and Conditions contained herein along with the Privacy Policy is an Agreement regulating our relationship with regard to the use by you. You are hereby advised to read this Agreement carefully. If you do not agree to any Terms and Conditions of this Agreement, you are not authorized to access this Website. You can use www.monginis.net if you agree to all the terms and conditions of this Agreement in its entirety. If you accept this Agreement, it will be a legally binding agreement between you and Monginis Foods Pvt. Ltd.

Headings :

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extend or intent of the Terms or the rights to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

Communication:

When you use the Website or send emails or other data, information or communication to the Monginis, You agree and understand that You are communicating with Monginis through electronic records and You consent to receive communication via electronic record from Monginis periodically and as and when required. Monginis may communicate with you by email or by such other mode of communication, electronic or otherwise.

Privacy Policy:

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Monginis in respect of the Website. The user further consents that the terms and contents of such Privacy Policy are accepted to him.  User has represented and warrants that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Website if you are not competent to contract under the applicable laws, rules and regulations.

Term of Agreement/ Service:

This Agreement shall continue to be in full force and effect for so long as you are using the Website, Either you or Monginis may terminate this Agreement at any time, with or without cause However, Monginis reserves the right, in its sole discretion, to terminate your access to the products and services offered on the Website or any portion thereof at any time, without notice.

Modification of Terms and Conditions:

Monginis may at any time amend and/or modify the terms and conditions contained on the Website without any prior notification or intimation to you. You can access the latest version of the Terms and Conditions at any given time. You should regularly review the Terms and Conditions. In the event the amended and/or modified Terms and Conditions are not acceptable to you, you should discontinue using the Website. However, if you continue to use the Website you agree to accept and abide by the amended / modified Terms and Conditions.

User Conduct and Rules:

You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
  • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
  • upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents
  • upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer
  • conduct or forward surveys, contests, pyramid schemes or chain letters
  • download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner
  • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
  • violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
  • violate any applicable laws or regulations for the time being in force in or outside India; and
  • violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein

User Warranty and Representation:

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Monginis.

Monginis Gift Vouchers:

  • Gift Vouchers (hereinafter referred to as E-Gift Vouchers) physical can be redeemed only in any of the Monginis Cake Shops and but not on www.monginis.net. A location where a Gift Voucher can be redeemed is referred to in these Terms and Conditions as a “Franchisee or Website” respectively.
  • A Gift Voucher is a prepaid payment device that comes with a PRODUCT EXCHANGE. They are not credit Vouchers, charge Vouchers or debit Vouchers.
  • Gift Vouchers cannot be purchased by using Discount Coupon Codes.
  • Every Gift Voucher has to be physically submitted to Monginis Franchisee in original in order to redeem it.
  • To use a Gift Voucher at a Franchisee, present them at the time of payment. They entitle the bearer to exchange it for only the value they carry. The bearer of a Gift Voucher has to select a product from amongst the ones available with the Franchisee at the time of exchange.
  • Monginis is not responsible for lost, stolen, or misused Gift Voucher. Risk of loss passes to the purchaser of the Gift Voucher and upon handing over of the Gift Voucher to the recipient.
  • A Gift Voucher / Coupon Code / Reward Points has an expiration date of 6 (Six) MONTHS from the date of issue.
  • While there is “valid through” period, the entitlements on a Gift Voucher do not expire. You may not use a Gift after the “valid thru” period.
  • A Gift Voucher is nonrefundable and cannot be redeemed for cash value.
  • Monginis reserves the right to cancel an issued a Gift Voucher and/or request alternative forms of payment if a fraudulently obtained a Gift Voucher is used to make purchases in Monginis Exclusive Cake Shops.
  • In the event a Gift Voucher is non-functional, the recipient and purchaser’s sole remedy, and Monginis sole liability, shall be the replacement of such a gift voucher.
  • In case if any Franchisee refuses to honor the Gift Voucher or for any other problems if a Franchisee or the Website fails to honor a Gift Voucher, please email the Customer Service team on support@monginis.net to report the incident.
  • We may change the terms of, or add new terms to, these Terms and Conditions at any time, with or without cause, and without giving you notice. In addition, we may suspend, cancel, add, modify or delete any feature offered in connection with your Gift Voucher at our sole discretion at any time, with or without cause, and without giving you notice. The Gift Voucher is Monginis property.
  • A Gift Voucher and their use are subject to the Monginis Terms of Service and Privacy Policy, which are incorporated herein above. In the event of a conflict these a Gift Voucher terms and conditions shall control.

Termination due to non-compliance with Agreement:

Notwithstanding other legal remedies that may be available to Monginis, Monginis may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Website,

  • If the User is in breach any of the terms and conditions of this Agreement;
  • If the User has provided wrong, inaccurate, incomplete or incorrect ination;
  • If your actions may cause any harm, damage or loss to the other Users or Monginis.
  • Illegal and/or unauthorized use of the Website, including unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
  • You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.

Limited User:

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Monginis name is stated as the source and prior written permission of Monginis.in is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

Indemnity :

User agrees to defend, indemnify and hold harmless Monginis, www.monginis.net , its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
This clause shall survive the expiry or termination of this Agreement.

Severability:

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

Governing Law and Jurisdiction:

This Website is created and controlled by Monginis Foods Pvt. Ltd. in Mumbai, India and shall be governed by the laws of India. This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, in all disputes arising out of or relating to the use of the Monginis Sites. Use of the Monginis Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold Monginis, its subsidiaries, affiliates, directors, officers and employees, harmless any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Monginis Site

Copyright:

Unless otherwise indicated, all content on this Website, including text, graphics, images, and logos, is the property of Monginis or its content suppliers and is protected by International copyright laws and regulations.

In addition, Monginis owns a copyright on this Website as a collective work or compilation, and in the selection, coordination, enhancement, and arrangement of the site’s content. Except as expressly provided herein, Monginis does not grant any express or implied right to you. Monginis actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The contents of this site are Copyright (c) 2011 Monginis, All rights reserved.

Trademarks:

Monginis and other names, graphics, logos, and icons identifying Monginis or its products or services are the proprietary marks of Monginis. These trademarks may not be used in connection with any product or service that is not offered by Monginis, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Monginis. All other trademarks not owned by Monginis that appear on this Website are the property of their respective owners.

Entire Agreement:

These Terms and Conditions, together with privacy policy, and other rules and policies posted on the Website, which are hereby incorporated as set forth fully in these Terms and Conditions, constitute the entire agreement between you and Monginis with respect to your use of and material available through the Website, and they supersede all prior or contemporaneous communications and proposals between you and Monginis with respect to this Website. Any rights not expressly granted in these Terms and Conditions are reserved.

Submissions:

Monginis welcomes your comments about your experiences shopping with us and your suggestions about how to improve this Website. Any comments, ideas, suggestions, inaction, or any other content you contribute to Monginis or this Website (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Monginis to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works , display worldwide, or act on such content, without additional approval or consideration, in any , media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this Website and that use of your content by Monginis will not infringe upon or violate the rights of any third party.

General:

In the event that any provision contained in these Terms and Conditions is held by a court of competent jurisdiction to be contrary to any law, the remaining provisions of these Terms and Conditions will remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Monginis as a result of these Terms and Conditions or your use of this Website. The waiver by Monginis of one breach or default under these Terms and Conditions shall not constitute the waiver of any subsequent or other breach or default.

Important Notice to Webmasters:

Regarding the use of trademarked names in Meta tags and/or hidden text, we have a no-tolerance policy. The use of trademarked names in Meta tag keywords is trademark infringement, and the use of trademarked terms in page text, Meta tags, and/or hidden text for purposes of gaining higher rankings search engines is unfair competition. Linking to any Monginis web page is prohibited absent express written permission Monginis. Framing the Monginis website with links, advertisements and/or other ination not originating the Monginis website is expressly prohibited.