Terms & conditions
monikotha.com and its affiliates provide their services to you subject to the terms and conditions are given hereunder. If you visit us at monikotha.com, you accept these Terms and Conditions. Please read them carefully. In addition, when you use any current or future monikotha.com service (e.g. Your Account/Profile, Gift Certificates, Your Reminder Service, etc.) or visit or purchase from any business affiliated with monikotha.com, whether or not included in the monikotha.com web site, you will be subject to these guidelines and conditions for such service or business. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by monikotha.com. By using the shopping services of MONIKOTHA, you agree to be bound by these terms and conditions. All products/services and information displayed on monikotha.com constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions listed below. MONIKOTHA reserves the right to accept or reject your offer at any time or under any circumstances.
When you visit monikotha.com or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of warranties and limitation of liability
MONIKOTHA has made this service available to use as a matter of convenience. MONIKOTHA expressly disclaims any claim or liability arising out of uploading any obscene, vulgar or pornographic images, photographs or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. MONIKOTHA also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. MONIKOTHA does not warrant that this site, its servers, or e-mail sent from MONIKOTHA are free of viruses or other harmful components. MONIKOTHA will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
The Service(s) of MONIKOTHA is provided on an “as is” basis without warranties of any kind, whether express or implied. MONIKOTHA does not represent or warrant maintaining the confidentiality of information; although MONIKOTHA’s current practice is to ensure reasonable efforts to maintain such confidentiality. It is also clearly understood by the User that all warranties and after-sales services, implied or express, take place directly between the vendors and the User/buyer/customer and the terms of sale by the vendor
MONIKOTHA does not endorse in any way any advertisers/ contents of advertisers on its web pages or other communication.
MONIKOTHA will not be responsible for any damage suffered by Users from the use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act/omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
MONIKOTHA assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
The delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Website.
Any interruption or errors in the operation of the Website. You expressly understand and agree that MONIKOTHA shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MONIKOTHA has been advised of the possibility of such damages)
User agrees and acknowledges that User shall be solely responsible for User’s conduct and that MONIKOTHA reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorised in this regard from time to time. In no event shall MONIKOTHA, its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the MONIKOTHA sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.
MONIKOTHA therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.
MONIKOTHA shall not be legally liable for any delay / non-delivery of purchased goods by the vendors, trade organisation/s, manufacturers/shops etc. (vendors), due to flood, fire, wars, acts of God or any cause that is beyond the control of MONIKOTHA.
Notwithstanding anything contained herein, MONIKOTHA may also act only as a booking agent/platform to facilitate/integrate transactions between the Users/buyers and sellers through various platforms (online web store, call centre, mail order catalogues, SMS, etc.) for various vendors/affiliates/merchants and shall in no way be responsible for any quality of product, damages, losses, expenses and/or taxes incurred by Users for the products or if the vendors/affiliates/merchants are not able to service the order of the User for any reason or any misrepresentation of any sort by the vendors/affiliates/merchants. In no event shall MONIKOTHA, its directors, officials, representatives and employees be liable for any damages or claims relating to products sold through its various platforms.
All prices, unless indicated otherwise are in Indian Rupees. The availability of products is subject to change without prior notice at the sole discretion of MONIKOTHA and orders can be cancelled if the product goes out of stock.
MONIKOTHA reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price that may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/or payment has been levied via credit card or cheque or otherwise. In the event the payment has been processed by MONIKOTHA, the refund amount shall be credited to your credit card account and duly notified to you by email or sent by cheque.
In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. MONIKOTHA will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User.
Use of the MONIKOTHA website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the MONIKOTHA website.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorised by the business entity to accept these Terms & Conditions/User Agreement and you have the authority to bind that business entity to these Terms & Conditions/User Agreement.
License and Site Access
MONIKOTHA grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except in case MONIKOTHA gives consent for the same. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of MONIKOTHA. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of monikotha.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” and MONIKOTHA’s name or trademarks without the express written consent of MONIKOTHA. Any unauthorised use terminates the permission or license granted by MONIKOTHA. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of MONIKOTHA as long as the link does not portray MONIKOTHA, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter or having a right to ownership of the same in any form. You may not use any MONIKOTHA logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and also you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use MONIKOTHA only with the involvement of a parent or guardian otherwise, MONIKOTHA has the right to cancel any order or service to the User. MONIKOTHA and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion. MONIKOTHA and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
MONIKOTHA is associated with various business partners for the supply and service of goods directly to the customers. But the after-sales service and warranty for the products, as duly applicable, for the respective products, will be taken undertaken and handled by us.
Reviews, Comments, Communications, and other Contents
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MONIKOTHA reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant MONIKOTHA and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MONIKOTHA and its affiliates and sub-licenses the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MONIKOTHA or its affiliates for all claims resulting from content you supply. MONIKOTHA has the right but not the obligation to monitor and edit or remove any activity or content. MONIKOTHA takes no responsibility and assumes no liability for any content posted by you or any third party.
Suspension due to Non-Compliance with Agreement
Notwithstanding other legal remedies that may be available to MONIKOTHA, MONIKOTHA may in its sole discretion limit User activity by immediately removing user listing either temporarily or indefinitely or suspending or terminating user membership, and/or refusing to provide users with access to the site if The user is in breach any of the terms and conditions of this agreement and/or the terms and conditions of usage of MONIKOTHA; The user has provided wrong, inaccurate, incomplete or incorrect information; The user attempts to defraud MONIKOTHA by using the functionalities on the website; Your actions may cause any harm, damage or loss to the other Users or MONIKOTHA; Illegal and/or unauthorised use of the service, including unauthorised framing of or linking to the MONIKOTHA site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
Risk of Loss
All items purchased from MONIKOTHA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon the delivery to you.
MONIKOTHA and its affiliates attempt to be as accurate as possible. However, MONIKOTHA does not warrant that the product description or other content or prices/amounts of this site is accurate, complete, reliable, current, or error-free. If a product offered by MONIKOTHA itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the Selling Price /MRP/ List Price displayed for products on our website represents the full retail price listed on the product itself, suggested /offered by the manufacturer or supplier or one of our merchants/affiliates, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The final price that will be applicable to a user for purchase and payment will be as per the price that is displayed in the shopping cart of the customer which can be inclusive or exclusive of any other charges in terms of the usage of the website.
You shall indemnify and hold harmless MONIKOTHA, its subsidiaries, affiliates, third parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement and Terms and Conditions or your violation of any law, rules or regulations or the rights of a third party.
MONIKOTHA shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.
If any dispute arises between you and MONIKOTHA during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and Terms and Conditions the dispute shall be first referred to a sole Arbitrator who shall be an independent and neutral third party identified by MONIKOTHA. The place of arbitration shall be Delhi/New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
This site is created and controlled by MONIKOTHA. The laws of India shall apply and courts in Delhi/New Delhi shall have jurisdiction in respect of all the terms, conditions and disclaimers. MONIKOTHA reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/website of MONIKOTHA. Users are advised to regularly check for any amendments or updates to the terms and conditions contained herein.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses above shall survive the termination or expiry of this agreement.
This electronic record is generated by a computer system and does not require any physical or digital signatures.