Monique - Terms & Conditions
Terms & Conditions
The domain name www.themonique.in (“Website”) is a site operated by Monique,
a company incorporated under laws of India with our registered office
at B-7, Khetan Estate, 52 Ramchandra Lane, Opposite Allahbad Bank, Malad West, Mumbai
Suburban, Maharashtra, 400064 (“Company/Monique”).
Whether you’re a customer, or just casually browsing the
Website, please respect the copyright of all the works you see or buy on Monique.
By using the services on the www.themonique.in, you are agreeing to the following
terms of service, conditions, policies, etc. (“Terms of Service”) including those
available by hyperlink, with Monique, which may be updated by us from time to
time. Please check this page regularly to take notice of any changes we may have made to
the Terms of Service.
We reserve the right to review and withdraw or amend the services without notice. If you
do not agree with its terms, kindly do not use this Website.
Monique provides a range of services including but not limited to, enabling you
to sell, comment on, promote, and purchase products; interact with
other members; and receive the benefits of Monique's product production service
including payment processing, transaction handling, product manufacturing, packaging,
order fulfilment, and customer service.
CONTENT & COPYRIGHT POLICY
You understand that all information, images, pictures, data, text, music, sound,
photographs, graphics, video, messages, or other materials, whether publicly posted or
privately transmitted, is the exclusive work and property of the person from whom such
Content originated. Monique does not claim any permanent ownership of your
Content. You retain copyright and any other rights you already hold in Content which you
submit, post, upload, display, or sell on or through Monique. When you submit,
post, upload, display, or sell Content, you grant Monique a perpetual,
irrevocable, worldwide, royalty-free, and non-exclusive (and sub-licensable) license to
use and archive the Content in accordance with or as reasonably contemplated by this
Agreement.
Monique cannot always manually screen Content before it is displayed on the
Website, and occasionally members may inadvertently or deliberately submit and display
content that breaches this Agreement. Inappropriate Content includes, but is not limited
to, Content that infringes the copyright or other intellectual property rights of any
person or company, or that defames or vilifies any person, people, races, religion or
religious group, is obscene, pornographic, indecent, harassing, threatening, harmful,
invasive of privacy or publicity rights, abusive, inflammatory, or otherwise
objectionable.
Monique reserves the right to review, and if necessary, remove any Content from
the Website or to cancel your account at its sole discretion, either because that
content breaches this Agreement, or any applicable laws, or otherwise.
This means that you, and not Monique, are entirely responsible for all Content
that you upload for sale as products, post, email, transmit or otherwise make available
via Monique. Monique does not control the Content posted via The
Monique services and, as such, does not guarantee the accuracy, integrity or
quality of such Content. You understand that by using Monique’s services, you
may be exposed to Content that is offensive, indecent or objectionable. Under no
circumstances will Monique be liable in any way for any Content, including, but
not limited to, any errors or omissions in any Content, or any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via Monique.
You understand that you will be exposed to Content from a variety of Monique
users and that Monique is not responsible for the accuracy, usefulness, safety,
or intellectual property rights of or relating to such Content. You further understand
and acknowledge that you may be exposed to Content that is inaccurate, offensive,
indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or
equitable rights or remedies you have or may have against Monique with respect
thereto, and agree to defend, indemnify and hold harmless Monique, its parent
corporation, its subsidiaries, its employees, its licensors, and their respective
officers, directors, employees, and agents to the fullest extent allowed by law
regarding all matters related to your use of Monique service.
While we try to offer reliable data, we cannot promise that the Content and postings on
Website will always be accurate and up-to-date. You will be responsible for ensuring
that your posts are accurate and do not include misleading information. You agree that
you will not hold us responsible for inaccuracies in any postings on the Website.
Monique and its designees shall have the right (but not the obligation) in
their sole discretion to pre-screen, refuse, or remove any Content that is available via
the Website. Without limiting the foregoing, Monique and its designees shall
have the right to remove any Content that violates the Terms of Service or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated with, the
use of any Content, including any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that you may not rely on any Content
created by Monique or submitted to Monique, including, without
limitation, information about Monique collaborations, posts, or in any other
part of the Website.
You acknowledge, consent and agree that Monique may access, preserve, and
disclose your account information and Content if required to do so by law or in good
faith belief that such access, preservation, or disclosure is reasonably necessary to:
(i) comply with legal processes; (ii) enforce the Terms of Service; (iii) respond to
claims that any Content violates the rights of third parties; (iv) respond to your
requests for customer service; or (v) protect the rights, property, or personal safety
of Monique, its users, and the public.
By using services of Monique, you agree to receiving promotional or information
content relevant to Monique through the medium of SMS or Email or both. Once
you place an order with us, you automatically get subscribed to our order related
Whatsapp notifications.
Without limiting other remedies, we may limit, suspend, or terminate our service and
user accounts, prohibit access to the Website, delay or remove hosted Content, and take
technical and legal steps to keep users off the Website if we think that they are
creating problems, possible legal liabilities, or acting inconsistently with the letter
or spirit of our the Terms of Service.
Monique also reserves the right to cancel unconfirmed accounts or accounts that
have been inactive for extended periods of time, without providing any prior notice, and
at its sole discretion.
LIABILITY
You will not hold Monique responsible for other users' Content, actions or
inactions, or collaborations. We have no control over and do not guarantee the quality,
safety, or legality of collaborations advertised, the truth or accuracy of users'
Content, the ability of parties to deliver on collaborations, or that the parties will
actually complete a transaction.
We cannot guarantee continuous or secure access to our services, and operation of the
Website may be interfered with by numerous factors outside of our control. Accordingly,
to the extent legally permitted, we exclude all implied warranties, terms, and
conditions related to use thereof. We are not liable for any loss of money, goodwill, or
reputation, or any special, indirect, or consequential damages arising out of your use
of the Website and services. Some jurisdictions do not allow the disclaimer of
warranties or exclusion of damages, so such disclaimers and exclusions may not apply to
you.
You must ensure that your access to the Website and Monique Service is not
illegal or prohibited by laws that apply to you.
You must take your own precautions to ensure that the process you employ for accessing
Monique's service does not expose you to the risk of viruses, malicious
computer code, or other forms of interference which may damage own computer system. We
do not accept responsibility for any interference or damage to any computer system that
arises in connection with your use of the Website or any linked website.
We do not accept liability for any losses arising directly or indirectly from a failure
to provide any service, corruption to or loss of data, errors or interruptions, any
suspension or discontinuance of service, or any transmissions by others in contravention
of the registered members' obligations as set out in these Terms of Service.
You acknowledge that we may not be able to confirm the identity of other registered
users or prevent them acting under false pretences or in a manner that infringes the
rights of any person.
TRADEMARKS
If you use any of our trademarks in reference to our products or services, you must
include a statement attributing that trade mark to us, and only after securing prior
written permission from Monique to do so, which may be given, or refused, at
its sole discretion, and subject to any terms or conditions it may deem fit. You must
not use any of our trademarks in or as the whole or part of your own trademarks; in
connection with activities, products or services which are not ours; in a manner which
may be confusing, misleading or deceptive; or in a manner that disparages us or our
information, products, or services (including this Website), or in a manner that implies
any kind of any association/affiliation with Monique.
TERMINATION OF ACCOUNT
Monique may terminate your access to all or any part of its services at any
time, with or without cause, with or without notice, effective immediately. You may
terminate your use of the service at any time. However, you shall continue to be bound
by all provisions of these Terms of Service, which shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers, indemnity, and
limitations of liability.
Monique will terminate your access to the site if you are determined to be, in
Monique's sole discretion, a repeat infringer of the Content & Copyright Policy
and/or these Terms of Service.
Monique may, but shall not be obligated to, give you one warning if you have
violated these Terms of Service prior to termination of your account.
By accepting the terms and conditions, the user consents to pay Monique the
complete amount for the order placed by them from Monique. However, Monique does not
control the amount charged to the user by their bank related to the their
purchase from Monique, to which Monique disclaims any liability in
this regard.
