General Terms & Conditions
Welcome to www.monginis.net, an online shopping portal provided by Monginis Foods Pvt. Ltd. The terms and conditions contained herein alongwith the Privacy Policy an Agreement regulating our relationship with regard to the use of www.monginis.net by you. You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions, you should not use this shopping portal. You can use www.monginis.net Shopping Services if you are agreeable to all the terms and conditions of this Agreement in their entirety. If you accept this agreement, it will be a legally binding agreement between you and Monginis Foods Pvt. Ltd.(for shopping on www.monginis.net ).
Definitions:
"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, privacy policy and will include the references to this Agreement as amended, supplemented, varied or replaced time to time.
www.monginis.net or the “Site” means the online shopping portal owned and operated by Monginis Foods Pvt. Ltd., which provides a plat to the shoppers to buy the products listed on site.
"Vendor"/"Seller"/”Affiliate” shall mean the person or any legal entity who offers for sale, sells the products or services on www.monginis.net .
"Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer for sale on site by placing an order for and or purchases any products offered for sale on the site.
"User"/ "You" means and includes you and/or any person or an entity including Vendor/Seller/Affiliate using or accessing the services provided on this Site.
Eligibility:
You represent and warrant 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 Site 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 site. The site provides the online shopping plat wherein the Users can purchase/buy the products and services listed on it pursuant to the terms and conditions set forth below. By clicking on the [Close] button, you are agreeing to use the Services in a manner consistent with and abide by the terms and conditions of this Agreement, our Privacy Policy, and with all applicable laws and regulations. Either you or Monginis may terminate the 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 site or any portion thereof at any time, without notice.
Modification of Terms and Conditions :
Monginis may at any time modify the terms and conditions contained on the Site without any prior notification 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 modified Terms and Conditions are not acceptable to you, you should discontinue using the site. However, if you continue to use the site you agree to accept and abide by the modified Terms and Conditions.
Registration Details :
To use the Site you will have to register with Monginis. As a part of registration process you agree to provide Monginis, your current, complete, and accurate registration ination (the "Registration Details”) and to maintain and to update this ination as required to keep it current, complete and accurate.
If you provide any ination that is untrue, inaccurate, not current or incomplete or if Monginis has reasonable grounds to suspect that such ination is untrue, inaccurate, not current or incomplete, Monginis has a right to indefinitely suspend or terminate your membership and refuse to provide you with access to its Site.
You shall be responsible for maintaining the confidentiality of your password, which you will not be under any obligation to reveal to any representative or agent of Monginis.
You agree and grant Monginis a right to use your individual Registration Details for sending advertisements and other offers.
You shall notify netorders@monginis.net of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
Online Shopping Platform :
You further agree and undertake that you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
Monginis accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.
After the receipt of payment the Buyer, Monginis shall arrange for the delivery of the product to the recipient at the shipping address provided by the Buyer.
Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.
Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
"We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time".
Credit card details:
You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to Monginis.
Coupon:
- Discount coupon can be redeemed or availed only on www.monginis.net
- Discount coupon cannot be redeemed for purchasing a Gift Voucher or an e-Voucher.
- Only one coupon is applicable for an order and it cannot be clubbed with other offers.
- Discount is available only on the product price and it is not applicable for shipping/delivery charges.
- For availing the discount a customer has to purchase goods worth Rs. 190/- or more in a single transaction and make a valid payment for it.
- Monginis reserves the exclusive right to contact the participants of this offer for future promotions / schemes by email / letter/ telephones and the participating consumers agree to receive these calls/communications.
- Monginis reserves the right to modify, withdraw, alter, extend or discontinue the scheme during or after the validity of the scheme.
- Other general terms mentioned on this page are applicable.
Suspension 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 Site,
- 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 Site, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
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.
Governing Law and Jurisdiction:
This website is created and controlled by Monginis Foods Pvt. Ltd. in Mumbai, India and the laws of India shall apply. 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 Moninginis, 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 site, 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 site 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 Monignis. All other trademarks not owned by Monginis that appear on this site 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 site, 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 site, and they supersede all prior or contemporaneous communications and proposals between you and Monginis with respect to this site. 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 site. Any comments, ideas, suggestions, ination, or any other content you contribute to Monginis or this site (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 site 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 site. 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 metatag 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.
Shipping Policy :
- We CANNOT commit any fix time for delivery. Deliveries will be made between 11 am to 6 pm on the given date.
- Same Day Delivery Order received till 2 pm will be delivered till 6 pm.
- Mid-night Delivery will be made between 11.30 pm to 12.30 am on mentioned / asked delivery date.
- The delivery will NOT be redirected / redelivered to any other address in any circumstance.
- The selected product will be delivered only in the city it is mentioned as “available” on this Site.
- Delivery might happen through Non-Monginis outlet in case of some urgency or non-availability of particular product / Monginis Outlet in vicinity of the delivery location.
- We will attempt delivery of the items ONCE. Incase the delivery is not executed during the attempt, the customer shall still be charged for the order and no redelivery will be possible. We will consider the order as “executed” in the following cases :
- Delivery not done due to wrong address.
- Recipient not available.
- Premises locked.
- Wrong phone or Cell or Extension number/ not working / no reply or not connecting / reachable and delivery is not done.
- Recipient refused the products.
- Delivered the product at the Gate / Reception / Neighbour.
- Please note that Cakes, Chocolates, Cookies, Flowers and other perishable products are sourced locally at the delivery location & will be hand delivered.
- No Deliveries on prescribed holidays.
- The image displayed on the site are indicative in nature. Actual product may vary in appearance, shape or design as per the availability.
- We reserve the right to substitute the products with equal or higher value in case of non availability of the desired product.
- In case of floods / Heavy Rains / National Bandh we reserve the right to reschedule the delivery for another date.
- No change in instructions can be entertained after placing the order.
- Orders once placed cannot be cancelled.
- In case the product is not delivered due to any of the above reasons, the update will be available on the website and the same can be collected the delivering Monginis outlet only on the same, details of which are available with our customer support team.
- We will not entertain any complaint for any product after 3 hours the time of delivery.
- Proof of delivery will be provided in case of any dispute in delivery.
- For traded commodities, respective brand owners will be responsible for the quality of product.
- Delivery of certain branded items may not be possible / delayed under certain un-controllable circumstances such as product is not available in the market or discontinued by the manufacturer. In such cases, similar product, nearest to the description equal or higher in value shall be delivered.
- Request for cancellation of confirmed order can be made up to 1 day prior to the delivery date. You can send cancellation request at netorders@monginis.net .
Terms & Conditions for Reward Program :
- Customers will be automatically entered into Monginis Rewards Program once they create a monginis.net account and place their first order.
- Gift Vouchers and eVouchers cannot be purchased using the points;
- The Reward Points cannot be transferred, exchanged or encashed;
- The Reward Program can be terminated by Monginis any time during its operation without giving prior notice to anyone;
- Further, by accepting the Rewards Points, each customer agrees to release and hold harmless Monginis, its franchisees, licensees, affiliates, subsidiaries, merchant partners, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, use or misuse of the Reward Points or participation in any Reward Program related activity.
- This Program is void where prohibited by law.
- Monginis reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Reward Program; to be in violation of the Terms & Conditions of the web site, to be acting in violation of the sites Policies and Procedures; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
- Any use of robotic, automatic, macro, programmed or like entry methods are strictly prohibited and use of such entries by such methods will lead to disqualification from the Rewards Program.
- In the event of a dispute as to entries submitted by multiple users having the same account, the authorized subscriber of the account used to enter the Reward Program at the actual time of entry will be deemed to be the user and must comply with these rules.
- Monginis will prosecute any fraudulent activities to the full extent of the law.
Limitations of Liability & Disputes for Rewards Program :
- For detailed information on Monginis's Limitations of Liability & Disputes policies please review the site's General Terms & Conditions above.
Terms & Conditions for “Twice the Fun, for the Price of One” :
- The scheme is valid against a purchase of Monginis products displayed only on www.monginis.net, for the delivery in any of the 12 specified cities only in India . This scheme is not applicable at all on the purchase of any product in any of the Monginis Exclusive Cake Shops nor on the purchase of any Monginis product at any of the retailers in the world.
- The scheme is valid till 31st Dec. 2011.
- The scheme is applicable only against a successful processing of the entire payment against a first purchase. E-Vouchers will not be issued, if there is a default on payment against the mandatory first purchase.
- E-Vouchers issued against the scheme,
i. will be for the value of the first purchase (excluding the delivery charges);
ii. can not be redeemed against the delivery charges. The delivery charges will be always extra;
iii. will have validity till 31st Dec. 2011;
iv. are transferable;
v. can not be encashed;
vi. can not be redeemed in part;
- Monginis reserves the exclusive right to contact the participants in this scheme for future promotions / schemes by email / letter/ telephones and the participating consumers agree to receive these calls/communications.
- Monginis shall not be liable to re-provide any e-Voucher that is deleted, lost or misplaced;
- These Terms and Conditions shall be governed and construed in all respects under the laws prevailing in the territory of India. Any dispute arising out of the product or services offered on this website shall be limited to the exclusive jurisdiction of the courts of Mumbai, India.
- Monginis reserves the right to modify, withdraw, alter, extend or discontinue the scheme during or after the validity of the scheme.
- The Courts at Mumbai only shall have the exclusive jurisdiction to entertain any suits and litigation arising out of this scheme.
- This scheme is subject to Force Majeure conditions.
