Terms & Conditions
Thank you for visiting www.monginis.net web portal provided by Monginis Foods Pvt. Ltd.
www.monginis.net or the “Site” means the online portal owned and operated by Monginis Foods Pvt. Ltd., which provides a platform to the shoppers to get information of 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
"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.
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. 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.
Monginis Gift Vouchers:
- Gift Vouchers – Physical (herein after referred to as “Gift Vouchers”) 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 Site" 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 has an expiration date of 12 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 or 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 Site fails to honor a Gift Voucher, please email the Customer Service team on email@example.com 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.
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.
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.
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.
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 :
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.
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 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.