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USER AGREEMENT

  

Last Revision Date: January 1, 2021

Please read the terms and conditions of this User Agreement carefully. This User Agreement governs the use of “(www.Monin.com/in)”. (Hereinafter referred to as the website) By using the website or ordering the products from the website you are agreeing to be bound by this User Agreement.

This is a legal and binding agreement. You agree that this User Agreement together with our Privacy Policy, Pricing and Payment Policy and Shipping Policy constitutes a binding Agreement between you and Monin India Private Limited, a Company registered under the Companies Act 2013, having its registered office at Regus Level 2, Oval Building 1, Lab Centre Plot No. 18, Madhapur Hyderabad, Telangana 500081.

This User Agreement includes and incorporates by this reference, the Privacy Policy, Pricing and Payment Policy and Shipping Policy referenced below. If you do not agree to the terms and conditions of this User Agreement (including any referenced policies or guidelines), please terminate the use of the website immediately.

In this User Agreement, the following terms will have the meaning as ascribed to them below:

• “user” includes any natural or legal person who makes use of any portion of the website. Any reference to ‘you’ or ’your’ shall mean the user.
• “MONIN” means Monin India Private Ltd., a Company incorporated under the Companies Act, having its registered office at Regus Level 2, Oval building 1, Lab Centre Plot No. 18, Madhapur Hyderabad, Telangana 500081. Any reference to “we”, “us” or “our”, shall mean Monin India Private Limited

MONIN reserves the right to change or revise this User Agreement at any time by posting any changes or a revised version of this User Agreement on the website. MONIN will alert you that the changes or revisions have been made by indicating on top of this User Agreement the date it was last revised. The changed or revised User Agreement will be effective immediately after it is posted on the website. Your use of the website following the posting of any such changes or of the revised User Agreement will constitute your acceptance of any such changes or revisions. This User Agreement does not alter in any way the terms or conditions of any other written agreement you may have with MONIN for any products.

By using the website you agree as follows;

1. ACCESS TO THE WEBSITE

Minors under the age of 18 years are prohibited to use/purchase/contract from or with the website. Persons who are incompetent to contract within the meaning of the Indian Contract Act 1872 are not eligible to use the website.

MONIN does not produce, manufacture, sell, distribute or otherwise deal with alcoholic beverages or products.

MONIN Company does not endorse or encourage the consumption of alcohol or alcoholic beverages/products.

 

2. INTELLECTUAL PROPERTY RIGHTS

The product names and product designs used on the website including trademarks are legally protected and are the property of MONIN. Any unauthorized use of the product names, product designs or products is a violation of copyright, trademark, unfair competition or other intellectual property rights.

The downloadable content if any on the website is protected by copyright which belongs to MONIN.

The content on the website is protected by the intellectual property laws of India, foreign nations and international bodies. You may not copy, reproduce, transmit, distribute or create derivative works of such content or information without express written authorization from MONIN. Unauthorized use of the material may violate copyright, trademark and/or other laws for time being in force.

You acknowledge that your use of the content of the website is for personal, non-commercial use.

3. YOUR OBLIGATIONS

• You have to provide true, accurate, current and complete information about yourself while registering or creating an account on the website. We reserve the right to confirm and validate the information and other details provided by you at any point.
• You should maintain and update the registration data to keep it true, correct, current and complete. If you provide information that is false, incorrect, incomplete or not current or if we have reasonable grounds to suspect that such information is false, incorrect, incomplete, and not current or not in accordance with this User Agreement, we have the right to terminate or indefinitely suspend your account and refuse to provide access to our website.
• Before placing an order, you shall check the product description carefully. By placing an order for a product, you agree to be bound by the conditions of sale and invitation to offer included in the description of the product.
• You confirm that the address at which delivery of the product(s) ordered by you, is to be made is correct and proper in all aspects.
• In the event a non-delivery occurs on account of a mistake by you (i.e. providing incorrect details of delivery address or such other wrong information), any extra cost incurred by MONIN for re-delivery will have to be borne by you.
• MONIN reserves the right to ask for additional information for accepting orders or before making delivery in certain cases. If upon confirmation, your details are found to be false (completely or partially) MONIN has the right in its sole discretion to reject the registration and debar you from using the website or its affiliated websites without prior permission.
• You may not use the website to host, display, upload, modify, publish, transmit, update or share any information that:
• belongs to another person and to which you do not have any right;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• amounts to impersonation of another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation

 

4. AVAILABILITY OF PRODUCTS

The website offers for sale certain product(s). (Hereinafter referred to as the products) By placing an order for the products through the website you agree to the terms and conditions set forth in this User Agreement. Reference to any product or service on the site does not constitute an offer to sell or supply that product or service. Orders placed by you are offers to purchase the products under the terms and conditions of this User Agreement at the price specified. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. We may reject your order, including in circumstances where we believe there may be a credit card fraud, or where we later become unable to ship your order, or if there has been an error in the price or product description on the website.

 

5. PRICE AND PAYMENT

By agreeing to our User Agreement you agree to our pricing and payment policy.

Pricing Policy: Advance payment including taxes and delivery charges, if applicable.

6. SHIPPING POLICY

By agreeing to our User Agreement you agree to our Shipping Policy incorporated by reference herein. Please refer to our Shipping Policy here.

 

Shipping Policy: CIF, unless otherwise agreed.

 

7. PRIVACY

MONIN strongly believes in protecting your privacy. Please refer to MONIN Privacy Policy incorporated by reference herein. Please find the Privacy Policy here.

 

8. LINKS TO OTHER WEBSITES AND THIRD PARTY CONTENT

When on our website we provide links, widgets or social networks add-ons to other sites or services offered by third parties, not part of the MONIN group, these are regulated by their own privacy and cookies policies. While we attempt to facilitate access only to those third party services that share our respect for your privacy, we cannot take responsibility for the content, privacy policies, or practices of those third party services. We invite you to carefully review and understand the privacy policy of any third party services before providing before providing any information to or through them. 

 

9. DISCLAIMER OF WARRANTIES

We make every effort to display the colours of our products that appear on the website as accurately as possible. However, as the actual colours you will see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.

To the full extent permissible by applicable law, MONIN disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose.

Without limiting the generality of the foregoing, MONIN makes no warranty;

• That the links to third-party websites are to information that is accurate, reliable, complete or timely,
• Regarding the results that may be obtained from the use of the products;
• That defects in the products will be corrected.

No advice or information, whether oral or written, obtained by you from the website will create any warranty not expressly stated herein.

10. LIMITATION OF LIABILITY

The entire liability of MONIN and your exclusive remedy in law, in equity or otherwise, with respect to the website content, the products and/or breach of this User Agreement is solely limited to the amount you paid, (not including shipping and handling charges) for the products purchased via the website.

MONIN will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this User Agreement or the products in any manner, including liabilities resulting from the use or inability to use the website content or the products, cost of procuring substitute products; any of the products purchased or obtained or transactions entered into through the website; or any lost profits alleged by you.

 

11. INDEMNIFICATION

You will indemnify and hold harmless, MONIN and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney’s fees and expenses, of third parties relating to or arising out of this User Agreement or the breach of your warranties, representations and obligations under this User Agreement, the website content or the use of the website content, the products or your use of the products, any intellectual property or other proprietary right of any person or entity, your violation of any provision of the terms and conditions of this User Agreement or any information or data you supplied to MONIN.

 

12. ASSIGNMENT

You may not assign your rights and obligations under this User Agreement to anyone. MONIN may assign its rights and obligations under this User Agreement in its sole discretion and without advance notice to you.

 

13. TERMINATION

MONIN reserves the right to terminate your access to the website if it reasonably believes in its sole discretion that you have breached any of the provisions of this User Agreement.

Following termination, you will not be permitted to use the website and MONIN may in its sole discretion and without advance notice to you, cancel any outstanding orders for the products. If your access to the website is terminated, MONIN reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the website.

 

14. GENERAL

Force Majeure: MONIN will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout or boycott, destruction of network, web space or website by way of hacking, virus prone, defacement, stoppage of display or transmission of the website, act, or regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems.

Cessation of operation: MONIN may at any time, in its sole discretion and without advance notice, cease operation of the website and distribution of the products.

Effect of Waiver: The failure of MONIN to exercise or enforce any right or provision of this User Agreement will not constitute a waiver of such right or provision.

Severability: If any provision of this User Agreement is found by a Court of Competent jurisdiction to be invalid, the remaining portion of this User Agreement will remain in full force and effect. 

Governing Law: You and MONIN agree that any claim or dispute relating to the website shall be governed by the laws of India and brought before the Courts at Telangana. We each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in class, consolidated or representative action.

Entire Agreement: This User Agreement along with the Privacy Policy, Pricing and Payment Policy and Shipping Policy form the Entire Agreement.

BY USING THE WEBSITE OR ORDERING THE PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT

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