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TERMS OF SERVICE

1.GENERAL

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.mundayzz.com 

The domain name www.mundayzz.com (hereinafter referred to as "Website") is owned by Mundayzz A1/101, BU Bhandari Acolade , Kharadi, Pune 411014 (temporary address) (hereinafter referred to as the Company).

Mundayzz.com (hereinafter referred to as “Mundayzz”) is a leading local shopping destination in India, offering the very best of prices and a completely hassle-free experience to explore local markets with options of printing discount vouchers and visit your nearby local shops. Mundayzz offers a wide range of products ranging from lifestyle products, mobile phones, laptops, cameras, televisions, refrigerators, air-conditioners, washing machines, MP3 players and products from a host of other categories.

For the purpose of these Terms of Service, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a user on the Website by providing Registration Data while registering on the Website. Services provided by the website which do not require registration do not absolve You of the contractual relationship established by this Agreement.  The term “Vendor” refers to the sellers that list their products on Mundayzz.

The term "We", "Us", "Our" shall mean www.mundayzz.com. The use of this website by You is solely governed by the Agreement. Moving past the home page of the website or using any of the services shall be taken to mean that You have read and agreed to all of the terms and conditions so binding on You as laid down in this Agreement.

Your use of our site provides evidence that you have read and agreed to these Terms of Service and our Privacy Policy. Please read both carefully. The use of this Website by You is governed by this policy and any policy so mentioned by terms of reference. Moving past home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies so binding in You and that You are contracting with the Company and have undertaken binding obligations with the company. If you do not agree with any of these terms, please exit Mundayzz.

Mundayzz is an online commerce portal where Users can choose to purchase essentials and luxuries from a wide range of products, includinglifestyle products, mobile phones, laptops, cameras, televisions, refrigerators, air-conditioners, washing machines, MP3 players etc. User can browse through the products available and add them to their shopping cart and purchase the products by paying for the same. The Vendors place their products online using Our Website, and We generate discount coupons You to avail such discount and then direct them to local sellers and vendors to buy the product(s) directly.

The User/Vendor hereby understands that the Website is not liable for any faulty or damaged products sent to the User by the Vendor. The Website is an intermediary which connects Users and Vendors through this online platform and shall not be liable under means for the articles, goods and products purchased on this medium. Further We wish to reiterate that there is no verification of the listings made, even though We strive our best to ensure that only valid sales are listed on Our portal. However We shall assist the User in returning the product.

You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service.

We hold the sole right to modify the Terms of Service without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated with its requirements.  If You continue to use the website following such a change, this is deemed as consent by You to the so amended policies by Us. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

By impliedly or expressly accepting these Terms of Service, You also accept and agree to be bound by other Company Policies, inter alia the Privacy Policy, which would be amended from time to time.

2.MEMBERSHIP

The use of this Web site is available only to those above the age of 18, barring those ‘Incompetent to Contract’ which inter alia include insolvents and the same is not allowed to minors as described by the Indian Contract Act, 1872. Minors may use the site under the supervision of a parent or a legal guardian. The use of this Web site is not limited to those above the age of 18 only and are applicable to all barring those ‘Incompetent to Contract’ which inter alia include insolvents under the Indian Contract Act, 1872.

If You are a minor and wish to use the Web site, you may do so through your legal guardian and Mundayzz reserves the right to restrict your usage of the Website on knowledge of You being a minor.

Further, We may access Your details through your Facebook account if you link your Facebook account to your Mundayzz profile. You hereby grant us permission to access some information available on Your Facebook account as well as permission to access Your Friend list. Mundayzz will post on Yourbehalf only with your express permission and the rights given to Mundayzz to access and post can be revoked at anytime by You. 

We reserve the right to restrict access of part/whole of the Website for paying customers who may access this restricted area with a login ID and password.

Further, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by You. In the case that You provide us with false and inaccurate details or Mundayzz has reasonable reasons to believe You have done so, We hold the rights to suspend Your account and/or terminate this Agreement without being held liable for the same. 

3.COMMUNICATIONS

By using this Website, it is deemed that You have consented to receiving calls, auto-dialled and/or pre-recorded message calls, from Us at any time with the use of the telephone number that has been provided by You for the use of this Website, subject to the Privacy Policy. This includes contacting You through information received through other parties as well as contacting other parties through the information You provide to Us. 

The use of this Website is also Your consent to receive SMSs from Us at any time We deem fit.  This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. Such calls shall be made after fixing an appointment with You via e-mail. In case You wish to stop contact with Us for the same, You may send Us a mail to the effect at contact@mundayzz.com.

You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of Our rights, duties and obligations under other agreements, contracts and policies followed by Us. Such contact will be made only in pursuance of the respective contracts, agreements and/or policies.

The sharing of the information provided by You will govern by the Privacy Policy. We will not give out such Your contact information to third parties not connected with the Website, and/or for any purpose not in furtherance of the activities and aims of the Website. Please refer to the 'Privacy Policy'.

4.PAYMENT

The membership of this Website is free of cost and this includes only the browsing of the site. You hereby understand that this no charge policy maybe amended at anytime in the discretion of the Website and the Company. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Site. User is required to pay for the products he purchases off the Website.

5.THIRD PARTY INFORMATION

The content on the Website which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is a combination of Third Party content and Our content. We have no control over such third party user generated content as We are merely an intermediary for the purposes of this Terms of Service. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the User shall be solely responsible for any loss caused and We shall not be liable. You may send as an email at contact@mundayzz.com to report any such content.

Other than when expressly allowed, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.

USER CONTENT

The content that You upload or post will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide and are not entitled to any payment or other compensation for such use. You also grant Us the right to sub-license these rights, and the right to bring an action for infringement of these rights. We reserve the right to edit or remove any material submitted to this Website, or stored on Our servers, or hosted or published upon this Website.

Those posting any form of User content on the Website must verify the truthfulness and authenticity of the particulars of the content, including the time, place and nature. Before allowing such content to be posted on the Website, We have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the User posting such content, if We feel that there is a need to check such accuracy.

We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, We can in no way be held liable for any false or misleading information.

In case any content is considered to be unlawful or against the law within any jurisdiction in which Our Website can be seen and accessed, it shall be removed forthwith by Us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.

7.USER OBLIGATIONS

You are a restricted user of this Website.

  1. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, post, publish, distribute, disseminate, or create derivative works from, transfer, or sell any information or software obtained from the Website. With Our prior permission limited use may be allowed. 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.
  1. You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content by sending us an e-mail to Our official e-mail address.
  1. This Website by nature allows you to upload information; You undertake to ensure that such material is in accordance with applicable laws. Further, You undertake not to:
  1. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
  2. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
  3. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  4. Publish, post, disseminate, any information which 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 whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  5. Post any file that infringes the copyright, patent or trademark of other legal entities.
  6. 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;
  7. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  8. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
  9. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
  10. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
  11. Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
  12. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  13. Violate any applicable laws or regulations for the time being in force within or outside India;
  14. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
  15. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  16. Threaten 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.
  17. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
  18. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  19. Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;

You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. While We shall not be held liable or answerable to Users for any such acts on Your part, violation of this clause would lead to potential criminal legal action against You, either by other Users of the Website or by Us.

We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

We have no obligation, to monitor the material posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.

PAYMENT

While availing any of the payment method/s available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to: 

  1. Lack of authorization for any transaction/s, or
  2. Exceeding the preset limit mutually agreed by You and between "Bank/s", or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason/s

All payments made against the products/services on the website by you shall be compulsorily in Indian Rupees. The Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

Payment Facility for Users:

  1. You, as a User, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
  2. You, as a User, may agree with the Seller throughelectronic communication and electronic records and using the automated features as may be provided by Payment Facility.

We reserve the right to impose limits on the number of Transactions or Transaction Price which We may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual User during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

We reserve the right to refuse to process Transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by User with Us or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

We may do such checks as it deems fit before approving the receipt of Transaction Price from the User for security or other reasons at Our discretion. As a result of such check if We are not satisfied with the creditability of the User or genuineness of the Transaction/Transaction Price, it will have the right to reject the receipt of Transaction Price.

We may delay notifying the payment confirmation, if we deem it suspicious or for Users conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, We may hold Transaction Price or remit Transaction Price to law enforcement officials (instead of refunding the same to User) at the request of law enforcement officials or in the event the User is engaged in any form of illegal activity.

The User/Vendor acknowledges that We will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond Our control.

COMPLIANCE WITH LAWS

The user of the Website shall comply with all the applicable laws including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the website.

10.DISCLAIMER OF WARRANTIES AND LIABILITIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MUNDAYZZ MAKES NO WARRANTY THAT:

  1. YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
  2. MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
  3. ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. MUNDAYZZ ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. MUNDAYZZ ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES.

11. INDEMNIFICATION AND LIMITATION OF LIABILITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.

IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW

  1. SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to our other rights under these Terms of Use, your rights under the Agreement may automatically terminate without notice if you fail to comply with its terms. If you do not comply with the terms, We have the right to take any action We deem appropriate. We may terminate the Agreement or restrict, suspend or terminate your access to the website or your use of the Service at our discretion without notice at any time and/or bringing court proceedings against you, including if we determine that your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of the Service or harms our interests or those of another user of the Service or of a third party.

  1. NO WAIVER

Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

  1. COPYRIGHT

All information, content, services and software displayed on, transmitted through, or used in connection with the Web site, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by Us, and its affiliated companies, licensors and suppliers. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content.

If you operate a Website and wish to link to Mundayzz, you may do so provided you agree to cease such link upon request from us. No other use is permitted without prior written permission from us.

You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Web site, not to insert any code or product or manipulate the content of Mundayzz in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us at the address listed below under the heading "Contact Us."

User-Provided Information and Content By providing information to, communicating with, and/or placing material on, the Web site, including for example communication during any registration, communication on the bulletin board, message or chat area, posting any resume or other content, placing any classified advertisement, entering any sweepstakes, etc., you represent and warrant:

  1. you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;
  2. all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and,
  3. the content will not cause injury to any person or entity. Using a name other than your own legal name is prohibited.

For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Web sites, to include the information in a searchable format accessible by users of the Web site and other affiliated Web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

Please note we do not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent

DISPUTE RESOLUTION

These Terms of Service will be governed by and construed in accordance with the laws of India without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to Mundayzz must be filed in India within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of Mundayzzto enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to Mundayzz, and all other provisions for which survival is equitable or appropriate.

In the case of a conflict between these terms and the terms of any electronic or machine readable statement or policy, these Terms of Service shall control. Similarly, in case of a conflict between these terms and our Privacy Policy, these Terms of Service control.

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.

Stage 1: Mediation: In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in the case both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, Mundayzz reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties however; the parties in good faith will attempt to bind by the decision.

Stage 2: Arbitration: In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board is to comprise three members. One is to be appointed by each party and the third member is to be nominated by the two appointed members by mutual consent between them. The award as the outcome of the arbitration is final and binding on both parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will be situated in the state of India. The mode of appointment of the arbitrators is as provided above. 

DISCLAIMER

The content on the web site is general in nature and summarized, and is provided for informational purposes only. The content of the Web site and mobile application, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional advice, or recommendations of any kind.

We do not assure any liability for the contents of any material provided on the Site. Any opinions expressed on the Site are the opinions of the authors. Reliance on any information provided by us, other visitors to the Site is solely at your own risk. This Website/We assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. We reserve the right to change or discontinue, at any time, any aspect or feature of this Site.

Service Providers must be legally able to sell the services offered on the Web site. Such products must not infringe upon the intellectual property, trade secret or other proprietary rights, publicity rights and privacy rights of any third parties. Listings may only include text descriptions, graphics and pictures that describe the item for sale. In any case of discrepancy between what is promised by the seller and what is delivered to the consumer or buy and the same may be proved by the consumer, the seller will refund the amount paid by the buyer.

You do hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights you have in Your information, in any media now known or not currently known, with respect to Your information to enable Us to use the information for the purpose of providing the Services

Web site as an Intermediary Platform

The Web site is a platform that Users utilize to meet and interact with one another for their transactions. We are not a party to such interaction and take no liability that arises from any such communication.

All communication which inter alia includes the contract, its terms, your obligations, the seller’s obligations, prices, etc. are outcomes of the communication between the seller and You.  This includes, without any limitation, the prices, shipping costs, payment details, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication.

We do not endorse any of the products/services offered for sale on the Website nor place any guarantee as to its nature, price, quality, etc. 

Subject to the above sub-clauses, a contract exists between the seller/provider and the buyer and as such any breach of contract and thus, any claim arising from such breach is the subject matter of the seller/provider and the buyer alone and we are in no way a party to such breach or involved in any suit arising from the same breach. The contact/communication arising from such breach may entail between the seller and the buyer directly without Us being involved. 

As the buyer, you are expected to check the creditworthiness of the provider and the genuineness of the products or services offered by them. We are not liable for the same.

As the contract is limited to the SERVICE PROVIDER and the buyer and not Us, we are in no way liable for any deficiency of service that may arise which includes and is not limited to cancellation of order due to low stocks, defected goods, and defective nature of goods.

As we hold no possession, nor title of the products at any time, or enter/determine the communication between the buyer and the seller or determine its outcome, the contract is purely a bipartite contract between the buyer and the seller and We are not responsible for claims arising from such a contract.

Disclaimer: Due to some technical issue, typographical error or product information published, Pricing on any product(s) as is reflected on the Web site by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

You release and indemnify Us and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Web site and specifically waive any claims that you may have in this behalf under any applicable law. Please note that there could be risks in dealing with underage persons or people acting under false pretence.

MISCELLANEOUS

We reserve the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of the Web site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.

We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Mundayzz or any of their assets.

We hereby reserve the right to block usage of the Website if any breach of the Terms of Service is caused by a User. This can in no way be construed as a waiver of any legal right under Indian law to claims any damages or initiate any legal proceedings against the User.