1. THE TERMS
PLEASE READ THE TERMS CAREFULLY BEFORE USING OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
The Company offers a platform that facilitates sale of merchandise and services to users. The purchase of products and services shall be governed by the Terms of Offer for Sale
4. ELIGIBILITY TO USE
4.1. Services are not available to minors. Persons under 18 years of age are minors. It shall be your responsibility to ensure that you are eligible to enter into a contract if you are resident outside India. If you do not conform to the above qualification, you are not permitted to make avail of the Services provided. by agreeing you represent that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws as applicable in India.
4.2. The Company reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time for any reason or without providing any reasons.
5. USER ACCOUNT, PASSWORD, AND SECURITY
5.2. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Monnaie Decoro of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Monnaie Decoro cannot and will not be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by Monnaie Decoro or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of your failure in keeping Your Account Information secure and confidential.
5.3. You shall ensure that the Account Information provided by you in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
5.4. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Monnaie Decoro has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Monnaie Decoro has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
6. PRICING INFORMATION
6.1. Monnaie Decoro strives to make available our own designed and manufactured furniture at the best possible prices and terms. The pricing details for purchase of products and services are detailed under the Terms of Offer for Sale.
6.2. You agree to provide correct and accurate credit / debit card details to the approved payment gateway for availing Services. You shall not use the credit / debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit / debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit / debit card details. Monnaie Decoro expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit / debit card.
6.3. Monnaie Decoro shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the deco authorization for any transaction for any reason whatsoever.
7. USER OBLIGATIONS
7.2. You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guide in the relevant jurisdictions.
7.3. You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that you will access the Website in accordance with the Terms and particularly Section 8.
7.4. You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Monnaie Decoro. You shall not use any 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 (as defined below), 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.
7.5. 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. Monnaie Decoro disclaims all liabilities arising in relation to such offensive content on the Website. Further, you may report such offensive content in the manner prescribed below.
7.6. If the Website allows you to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, you undertake not to:
Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Monnaie Decoro server, or to any of the Services offered on or through the Website, by any illegitimate means (including such as hacking and password mining);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 Monnaie Decoro, including any Monnaie Decoro 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;
7.7. You agree that You are solely responsible to Monnaie Decoro and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which Monnaie Decoro or its affiliates or its vendors may suffer) for any such breach.
8. USE OF MATERIALS
8.1. Except as expressly indicated to the contrary herein or in any applicable Additional Terms, Monnaie Decoro hereby grants you a non-exclusive, freely revocable (upon notice from Monnaie Decoro), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:
8.2. The rights granted to you as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly prohibited by Monnaie Decoro.
8.3. Any software that is available on the Website is the property of Monnaie Decoro or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by Monnaie Decoro.
9. USAGE CONDUCT
9.1. You shall solely be responsible for maintaining the necessary computer equipment’s and Internet connections that may be required to access, use and transact on the Website.
9.2. You shall use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
9.3. Monnaie Decoro shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of authorization for any transaction for any reason whatsoever.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Monnaie Decoro and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
10.2. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Monnaie Decoro or other third parties. You are not permitted to use the Marks without the prior consent of Monnaie Decoro or the third party that owns the Marks.
10.3. Monnaie Decoro owns all intellectual property rights to the trademark "Monnaie Decoro" and variants thereof, and the domain name, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
10.4. Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Monnaie Decoro or thirty party owner of such Content.
10.5. The Website makes available general third party information such as, product catalogues, lists of authorized dealers, and reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to you on the email received by you from Monnaie Decoro. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. Monnaie Decoro does not provide any guarantee with respect to any the Third Party Content and Monnaie Decoro shall not be held liable for any loss suffered by you due to your reliance on or use of such data.
11. DISCLAIMER OF WARRANTIES & LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
11.1. You agree to indemnify, defend and hold harmless 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 Monnaie Decoro that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Supply Terms or any Additional Terms applicable to the purchase of Products.
11.2. In no event shall Monnaie Decoro, its officers, directors, employees, partners or vendors be liable to You, the Vendor 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 Monnaie Decoro has 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 purchase of the products and services herein. Notwithstanding anything to contrary, Monnaie Decoro‘s entire liability to You under this Terms of Offer For Sale or otherwise shall refund the money charged from You, under which the unlikely liability arises.
11.3. MONNAIE DECORO WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. MONNAIE DECORO ENDEAVORS TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT MONNAIE DECORO DOES NOT PROVIDE ANY WARRANTIES RELATING TO THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. MONNAIE DECORO SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, MONNAIE DECORO SHALL NOT BE RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON. 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. MONNAIE DECORO IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO ANY INVALIDITY OF ANY KIND. MONNAIE DECORO ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU BY ITSELF OR ON BEHALF OF THIRD PARTIES.
11.4. MONNAIE DECORO SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENTS AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO ANY THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
11.5. NOTWITHSTANDING ANYTHING TO CONTRARY, MONNAIE DECORO’S ENTIRE LIABILITY TO YOU SHALL BE THE REFUND OF THE MONEY CHARGED TO YOU FOR ANY PRODUCT OR SERVICE, IN RELATION TO WHICH UNLIKELY LIABILITY ARISES.
11.6. IN NO EVENT SHALL MONNAIE DECORO, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY (1) SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT MONNAIE DECOROHAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME, (2) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (3) ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
11.7. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
12.1. Monnaie Decoro may, in its sole discretion and without prior notice, terminate your access to the Website if Monnaie Decoro determines that you have violated the Terms or Additional Terms or any other duty owed to Monnaie Decoro. Any violation by You of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Monnaie Decoro, for which monetary damages is likely to be inadequate, and You consent to Monnaie Decoro obtaining any injunctive or equitable relief that Monnaie Decoro deems necessary or appropriate. These remedies are in addition to any other remedies Monnaie Decoro may have at law or in equity.
12.2. You agree to indemnify, defend and hold harmless Monnaie Decoro, its affiliate vendors, agents, shareholders, directors 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 Monnaie Decoro 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. Further, You agree to hold Monnaie Decoro 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, or Your violation of the rights of any another person. Monnaie Decoro will also be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Monnaie Decoro.
13.1. The Terms will continue to apply until terminated by either you or Monnaie Decoro as set forth below. If you want to terminate your agreement with Monnaie Decoro, You may do so by (i) not accessing the Website; or (ii) closing your accounts (if any).
13.2. Monnaie Decoro may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:
13.2.2. Monnaie Decoro is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful or pursuant to a request by a regulatory authority);
13.2.3. The provision of the Services to You by Monnaie Decoro is, in Monnaie Decoro’s opinion, no longer commercially viable;
13.2.4. Monnaie Decoro has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof) either in general or specifically to you;
13.3. Monnaie Decoro shall not be liable to you or any third party for any such termination.
13.4. Termination or suspension shall not affect your liability or obligation arising prior to such termination or suspension.
14. GOVERNING LAW
14.1. The Terms and all transactions entered and the relationship between you and Monnaie Decoro and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principles.
14.2. All claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Palakkad District Kerala, India and you hereby accede to and accept the jurisdiction of such courts.
15. REPORT ABUSE
In the event you come across any abuse or violation of the Terms or if you become aware of any objectionable content on the Website, please report to firstname.lastname@example.org.
17. NEWSLETTERS AND COMMUNICATIONS
You hereby expressly agree to receive communications and newsletters from Monnaie Decoro by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from Monnaie Decoro at anytime by following the procedure set forth in the Website.
18. GENERAL PROVISIONS
18.1. Notice: All notices from Monnaie Decoro will be served by email to the account designated by you or by general notification on the Website. Any notice to be provided to Monnaie Decoro pursuant to the Terms should be sent to email@example.com.
18.3. Severability: If a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, the same shall not affect the provisions of any other portion of the Terms. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision.
18.4. Waiver: Any failure by Monnaie Decoro to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
18.5. Feedback and Information. Any feedback you provide to this Website shall be deemed to be non-confidential. Monnaie Decoro shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Monnaie Decoro is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) You are not entitled to any compensation or reimbursement of any kind from Monnaie Decoro for the feedback under any circumstances.
18.6. Exactness Not Guaranteed. We at www.monnaiedecoro.com try our best to deliver products exactly the way they appear on the site. However, the nature and tendency of natural wood, plywood, and pre laminated MDF etc. based products is that each piece of furniture is unique in its own way. monnaiedecoro.com hereby disclaims any guarantees of exactness of the finish or appearance of the final product ordered by the user over and above generally acceptable standards on the same. The quality of any products, services, information, or other material purchased or obtained by you through the Website may not meet your expectations. In the case of any significant material damage to the Product, the customer must send photographic evidence of the damaged product via email to firstname.lastname@example.org within 7 days of receiving the Product. A representative from monnaie decoro will review the evidence, and if it is found valid, monnaiedecoro will send an email communication to you requesting for a replacement. If the replacement Product is also damaged, and monnaiedecoro.com finds the evidence from you valid, then your order will be cancelled and you will be fully refunded via your initial method of payment. In all these cases, arrangements will be made to collect the damaged Product. You agree in this instance, that monnaiedecoro.com will make the final judgment on whether a Product has been significantly damage.