Terms & Conditions
ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS AND CONDITIONS") CAREFULLY BEFORE ACCESSING ANY WEBSITE AND/OR APPLICATION OF MONETHICS WHETHER THROUGH THE LINK http://www.monethics.in, APPLICATION AND/OR OTHER MEDIA PLATFORM (“WEBSITE”). ACCESSING THE WEBSITE INDICATES THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS. HOWEVER, IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE WEBSITE AND ANY CONTENT SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, AUDIO, VIDEO OR PHOTOGRAPHS ETC. (“MATERIALS”) THAT MONETHICS SOLUTIONS PRIVATE LIMITED (“MONETHICS”) AND/OR ITS SUBSIDIARIES OR AFFILIATES MAY MAKE AVAILABLE THROUGH THE WEBSITE AND ANY SERVICES THAT MONETHICS MAY PROVIDE THROUGH THE WEBSITE OR OTHERSWISE. THE WEBSITE, MATERIALS AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE "MONETHICS WEBSITES".
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder, as applicable and amended from time to time, pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Welcome to Monethics' Website!
Your usage of the Website shall be construed as your consent for receiving calls and messages including marketing and promotional calls, auto-dialled and/or pre-recorded messages, from Monethics at any time, on the telephone number / contact information that may be provided by you. You hereby unconditionally consent that such communications via SMS and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulatory Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
You hereby agree and undertake to indemnify Monethics against all types of claims, losses and damages incurred by Monethics due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you with respect to the intimations mentioned above or due to a wrong number or email-ID being provided by you for any reason whatsoever.
About Monethics and Availing the Services
Use of Monethics Websites
You agree not to use the Monethics Websites (including, without limitation, any Materials or Services you may obtain through your use of the Monethics Websites):
- in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "Law");
- to stalk, harass, insult or harm another individual;
- to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
- use the Website and/or the Services for committing fraud, embezzlement, money laundering, or for any unlawful and/or illegal purposes;
- upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable through the Website;
- upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available on the Website, any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
- to interfere with or disrupt the Monethics Websites or servers or networks connected to the Monethics Websites.
You further agree not to:
- use any data mining, robots, or similar data gathering or extraction methods in connection with the Monethics Websites;
- upload, post, email, transmit or otherwise make available on the Website, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- attempt to gain unauthorized access to any portion of the Monethics Websites or any other accounts, computer systems, or networks connected to the Monethics Websites, whether through hacking, password mining, or any other means.
Modifications to Monethics Websites
Certain areas of the Monethics Websites may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a "User Submission"). By submitting a User Submission, you grant to Monethics an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub-licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Monethics deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). Monethics reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Monethics may also disclose your name in its clients’ list/credentials for reference purposes. Monethics may, but is not obligated to, pre-screen User Submissions or monitor any area of the Monethics Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Monethics is not required to host, display, or distribute any User Submissions on or through the Monethics Websites and may remove at any time or refuse any User Submissions for any reason. Monethics is not responsible for any loss, theft, or damage of any kind to any User Submissions. Monethics does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Monethics will be free to disclose your User Submission to any third party without any obligation of confidence on the part of the recipient. Monethics does not guarantee that you will have any recourse through Monethics or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
- you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to Monethics the rights in your User Submissions described herein;
- you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
- your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- you voluntarily agree to waive all "moral rights" that you may have in your User Submission;
- any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
- your User Submission does not violate any Law;
- your User Submission is not, and may not reasonably be considered to be, defamatory, libellous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing, vulgar, pornographic, obscene, or invasive of another's privacy;
- you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
- your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
- your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
- your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Links to third-party websites
Trademarks and Copyrights
Monethics logos and any other logos and marks used on the Website (“Logos”) are trademarks that are licensed to Monethics Solutions Private Limited by Monethics Capital Private limited.
You may use the abovementioned trademarks, in text, to refer fairly and accurately to Monethics, its products and its services, subject to the guidelines below:
- The Logos are reserved for use by Monethics and those Monethics partners and licensees that have a written agreement with Monethics that specifically authorizes logo use. No other use of the Logos is permitted.
- You may not use Monethics Logos in a manner likely to mislead consumers or your relationship with Monethics, as to Monethics’ sponsorship or endorsement of your company, products or services, or as to the origin of your products or services. Any use of Monethics trademarks that is likely to confuse or mislead the public is unlawful and expressly prohibited.
Trademark Use by Authorized Monethics Partners and Licensees
- If you have an existing relationship with Monethics, please adhere to the specific trademark use guidelines and terms provided in your written agreement.
- If your existing agreement with Monethics authorizes you to display the abovementioned trademarks, but does not contain specific trademark use guidelines, please follow the trademark use guidelines on this page.
- If you have any questions you should contact your account representative or other Monethics business contact.
Monethics General Trademark Guidelines
- Do not use Monethics trademarks in a manner likely to mislead or confuse the public as to the origin of any goods or services, or as to sponsorship or endorsement by Monethics.
- Do not use Monethics trademarks to make false statements about Monethics or its products or services.
- Do not incorporate Monethics trademarks in your trade names, business names, product names, service names, social media user names, or domain names.
- Do not adopt or imitate Monethics’ distinctive product designs, product packaging, trade dress, advertising materials, slogans, taglines or website layouts.
- When referring to Monethics in formal documentation (i.e., annual reports, financial reports) the full name Monethics Solutions Private Limited is preferred. In other contexts, Monethics is preferred.
Monethics expressly reserves all intellectual property rights in all the materials, text, photographs, images, illustrations, designs, icons, programs, video clips, products, processes, technology, content and any other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Monethics or any third party's intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to Monethics. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Monethics. You may not modify, distribute or re-post anything on this Website for any purpose.
The following general trademark guidelines are intended for use by persons, companies or entities who/that are authorized users of Monethics' trademarks, including for example Monethics' partners, licensees, alliances and authorized resellers under contract with Monethics.
Procedure for making claims of infringement
Monethics respects the intellectual property rights of others. Accordingly, Monethics has a policy of removing User Submissions that violate copyright law, suspending access to the Monethics Websites (or any portion thereof) to any user who uses the Monethics Websites in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the Monethics Websites in violation of copyright law. If you believe your copyright or other intellectual property right is being infringed by a user of the Monethics Websites, please provide written notice to the following Monethics officer for notice of claims of infringement:
Attention: [MONETHICS SOLUTIONS PRIVATE LIMITED]
Address: [708/709,7th Floor, Runwal Square (Next to Anthurium),Veena Nagar,Mulund West,Mumbai-400080]
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Monethics to locate that material; (d) contain adequate information by which Monethics can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to Monethics’ designated agent, as they will be deleted upon receipt..
You agree to indemnify, defend, and hold harmless each of the Monethics Parties (as defined below) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms and Conditions or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, fraudulent transactions or other rights. Monethics reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Monethics' defence of such claim. This clause shall survive the expiry or termination of these Terms and Conditions.
When you visit the Website or send e-mails to Monethics, you are communicating with Monethics electronically. Monethics may respond to you by e-mail or by posting notices on the Website. You agree that all such notices, disclosures, and other communications that Monethics provides to you electronically satisfy any legal requirement that such communications be in writing.
The Website may be subject to limitations, delays, outages, and other problems that are inherent in the use of the internet, software and other electronic communications. Monethics is not responsible for such delays, failures, or other damages that result from such problems.
These Terms and Conditions are effective unless and until terminated by either you or Monethics. Except as set forth in "Other agreements; software, services or access", below, Monethics may terminate, suspend, or modify your registration with, or access to, all or part of the Monethics Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the Monethics Websites at any time. In case, you wish to stop availing of SMS/E-mail services, you may do so by sending an e-mail to [email@example.com]. Upon any termination of these Terms and Conditions by either you or Monethics, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms and Conditions or otherwise. If you breach any of these Terms and Conditions, your authorization to use the Monethics Websites automatically terminates and you must immediately destroy any downloaded or printed Materials and any copies thereof.
THE MONETHICS WEBSITES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MONETHICS WEBSITES ARE WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT MONETHICS, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. MONETHICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE MONETHICS WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MONETHICS MAKES NO WARRANTY THAT THE MONETHICS WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE MONETHICS WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE MONETHICS WEBSITES WILL BE CORRECTED. MONETHICS MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MONETHICS WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE MONETHICS WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE MONETHICS WEBSITES OR FROM MONETHICS, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, " MONETHICS PARTIES") SHALL CREATE ANY WARRANTY. MONETHICS DISCLAIMS ALL EQUITABLE INDEMNITIES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE MONETHICS WEBSITES IS DONE ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. MONETHICS SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
MONETHICS SHALL NOT BE LIABLE FOR ANY THIRD PARTY WEBSITES, PRODUCTS, SERVICES AND OTHER CONTENT. THE ADVERTISEMENTS WHICH MAY BE AVAILABLE ON E-MAILS OR MONETHICS WEBSITES WITH RESPECT TO THE THIRD PARTY WEBSITES, PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
MONETHICS SHALL NOT BE LIABLE FOR DELAYS OR INABILITIES IN PERFORMANCE OR NON-PERFORMANCE IN WHOLE OR IN PART OF MONETHICS’S OBLIGATIONS DUE TO ANY CAUSES THAT ARE NOT DUE TO ITS ACTS OR OMISSIONS AND ARE BEYOND ITS REASONABLE CONTROL, SUCH AS ACTS OF GOD, FIRE, STRIKES, EMBARGO, ACTS OF GOVERNMENT, ACTS OF TERRORISM, CLIMATIC CONDITIONS, LABOUR UNREST, INSOLVENCY, BUSINESS EXIGENCIES, GOVERNMENT DECISIONS, CHANGE OF LAWS, OPERATIONAL AND TECHNICAL ISSUES, ROUTE ISSUES, ACTS OF THIRD PARTIES OR OTHER SIMILAR CAUSES AND PROBLEMS.
Limitation of Liability
IN NO EVENT WILL ANY OF MONETHICS PARTIES BE LIABLE FOR (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF INDIAN RUPEES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF GOODS, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH MONETHICS WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF MONETHICS WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY MONETHICS PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
SUBJECT TO APPLICABLE LAW, USE OF MONETHICS WEBSITES IS AT YOUR SOLE RISK. THE SERVICES AND PRODUCTS MADE AVAILABLE ON MONETHICS WEBSITES ARE SUBJECT TO CONDITIONS IMPOSED BY MONETHICS, INCLUDING BUT NOT LIMITED TO TARIFFS, CONDITIONS OF CARRIAGE AND GOVERNMENT REGULATIONS.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any of Monethics Parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of such party’s liability shall be the minimum permitted under such applicable law.
Other agreements; software, services or access
Monethics may provide the Services or access to Monethics Websites under the terms of a separate agreement between you and Monethics (each, an "Other Agreement"). Monethics' obligations with respect to any service that it makes available to you under any Other Agreement shall be governed both by the Other Agreement and these Terms and Conditions, as may be applicable, under which such product or service is provided.
Governing law and jurisdiction
These Terms and Conditions shall be construed in accordance with the applicable laws of India. The Courts at Mumbai, Maharashtra shall have exclusive jurisdiction in any proceedings arising out of the use of Website, these Terms and Conditions.
Any dispute or difference either in interpretation or otherwise, of any terms of these Terms and Conditions between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Monethics and its decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. Either Party shall be entitled to apply to the competent courts for interim or interlocutory relief in respect of such arbitration. The arbitration shall be held in Mumbai.
These Terms and Conditions, together with any Other Agreement, additional terms to which you agree when using particular elements of the Monethics Websites, constitute the entire and exclusive and final statement of the agreement between you and Monethics with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Monethics with respect to such subject matter. Monethics shall neither be liable to the other nor shall be in default if, and to the extent that, the performance or delay in performance of any of its obligations under these Terms and Conditions is prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control of Monethics or any force majeure event. These Terms and Conditions and the relationship between you and Monethics shall be governed by the laws of the India as applied to agreements made, entered into, and performed entirely in India, notwithstanding your actual place of residence. The failure of Monethics to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of Monethics and you as reflected in the provision, and that the other provisions of these Terms and Conditions remain in full force and effect. The Clause titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions shall remain in full force and effect notwithstanding any termination of your use of the Monethics Websites. These Terms and Conditions will be interpreted without application of any strict construction in favour of or against you or Monethics. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Monethics without restriction.
Modifications to these Terms and Conditions
Monethics may, in its sole and absolute discretion, change these Terms and Conditions from time to time. Monethics will post notice of such changes on the Website. If you object to any such changes, your sole recourse shall be to cease using the Monethics Websites. Continued use of Monethics Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms and Conditions may be superseded by expressly-designated legal notices or terms located on particular pages of the Monethics Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and Conditions and to supersede the provision(s) of these Terms and Conditions that are designated as being superseded.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Nishit S. Zaveri
Address: 708/709,7th Floor, Runwal Square (Next to Anthurium), Veena Nagar , Mulund West,Mumbai-400080
Email address: firstname.lastname@example.org
You may register your complaints regarding the services or any other issue relating to these Terms and Conditions with the above mentioned Grievance Officer. Every attempt shall be made to offer you suitable and appropriate solutions.
If you have any questions about these Terms and Conditions or any other concerns, you can also email us at email@example.com