Welcome to Urbanmonkey.com. Urbanmonkey.com and its affiliates provide their services to you subject to the terms and conditions given hereunder. If you visit us at Urbanmonkey.com, you accept these terms and conditions. In addition, when you use any current or future Urbanmonkey.com service (e.g. Your Account/Profile, etc.) or visit or purchase from any business affiliated with Urbanmonkey.com, whether or not included in the Urbanmonkey.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 Urbanmonkey.com. By using the shopping services of Urbanmonkey.com you agree to be bound by these terms and conditions. All products/services and information displayed on Urbanmonkey.com constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below.Urbanmonkey.com reserves the right to accept or reject your offer.
The website "www.urbanmonkey.com" is owned and operated by Urban Monkey Private Limited.
Please read these Terms & Conditions carefully before using this or any of the other Urbanmonkey.com websites. In these Terms & Conditions, Urbanmonkey.com is referred to as "UrbanMonkey" or “Company” "we," "us,”, “our" or Company and you the end user is referred to as "you" , "your" or “user”.
Definitions
"Agreement"means the terms and conditions as detailed herein including all schedules, appendices, annexures, privacy policy, and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.
"Urbanmonkey.com'' / ''Urbanmonkey.com'' / ''website '' means the online shopping platform and the services to buy the products listed on the site.
"Vendor" / "seller shall mean the person or any legal entity who offers for sale, sells the products on the Urbanmonkey.com platform / website. ''Product/Products'' means and includes any goods/merchandise/products/services/offers/display items that are uploaded /showcased/displayed on Urbanmonkey.com and the related description, information, procedure, processes, warranties, delivery schedule, etc.
Modified Terms
The Company reserves the right at all times to discontinue or modify any of these Terms and Conditions and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or confidentiality. It is also clearly understood that all warranties, implied or express take place between the vendors and the user. We do not endorse in anyway any advertisers/ contents of advertisers on its web pages or other communication.
We will not be responsible for any damage suffered by users from 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 unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
User agrees and acknowledges that use shall be solely responsible for user's conduct and that the Company 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 authorized in this regard from time to time. In no event shall the Company, 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 Urbanmonkey.com sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.
We 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.
We shall not be liable for any delay / non-delivery of purchased goods by the vendors, trade organization/s, manufacturers / shop etc. (vendors), due to flood, fire, wars, acts of God or any cause that is beyond the control of Urbanmonkey.com.
Reviews and Public Communication
Urbanmonkey.com may, but is not required to, monitor, edit, delete or disclose the contents of a user's email or reviews as required for normal maintenance of any of the Urbanmonkey.com websites or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Urbanmonkey.com; (2) protect and defend the rights or property of Urbanmonkey.com; (3) protect the personal safety of other Urbanmonkey.com website users or the public; or (4) to ensure compliance with our Terms and Conditions.
Copyright Infringement
without limitation, credit card and other personal information, you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party company or advertiser.
Limitation of Liability
The company, its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensers are not liable to you for any incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to Urbanmonkey.com websites or Urbanmonkey.com content or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in any Urbanmonkey.com websites, including without limitation as a result of breach of any term of this agreement. Applicable law many not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In no event will company’s total liability to you for any and all damages, losses, and causes of action arising out of or related to your use of any Urbanmonkey.com website, regardless of the form, cause of action or the alleged basis for any claim, exceed the amount paid by you to Urbanmonkey.com, if any, for accessing the Urbanmonkey.com websites.
Indemnity
You agree that you will indemnify and hold harmless company and its directors, officers, shareholders, and agents from any and all liability arising in connection with your use of the Urbanmonkey.com websites, including but not limited to any information or content that you post on any of the Urbanmonkey.com websites.
Copyright
COPYRIGHT ©: Urbanmonkey.com 2008. All rights reserved. Everything you see or read on the Urbanmonkey.com websites is copyrighted unless otherwise noted and may not be used except as provided in these Terms & Conditions or with the written permission of Urbanmonkey.com.
Trademarks
The trademarks, logos, and service marks (“Marks”) displayed on the Urbanmonkey.com websites are registered and unregistered trademarks of Urbanmonkey.com, its affiliates and other respective third parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Urbanmonkey.com or such third party which may own the Marks. All information and content including any software programs.
Data Protection
Urbanmonkey.com may send information and offers of products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our Privacy Policy.
Force Majeure
Urbanmonkey.com shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.
Entire Agreement
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 as above shall survive the termination or expiry of this agreement charges. We suggest to you, therefore, that you re-read this important notice containing our Terms and Conditions and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms and Conditions and Privacy Policy and you continue to use Urbanmonkey.com, you are impliedly agreeing to the Terms and Conditions and Privacy Policy expressed therein. Any such deletions or modifications shall be effective immediately upon the Company’s posting thereof. Any use of Urbanmonkey.com by user after such notice shall be deemed to constitute acceptance by the user of such modifications.
Electronic Communication
When you visit Urbanmonkey.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.
License and Site Access
The website grants you a limited license to access and make personal use of the website and the service provided through the website. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the website and the framing of any content available through the website uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting 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; any action that imposes or may impose (in the Company's sole discretion) an unreasonable or disproportionately large load on the website's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by the Company to prevent or restrict access to the website. Any unauthorized use by you shall terminate the permission or license granted to you by the website.
Disclaimer of warranties and limitation of liability
Urbanmonkey.com has made this service available to use as a matter of convenience. We expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. We also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this site, its servers, or e-mail sent from the website are free of viruses or other harmful components. We 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 the Company is provided on an "as is" basis without warranties of any kind, whether express or implied. We do not represent or warrant maintaining the confidentiality of information; although our current practice is to ensure reasonable efforts to maintain such If you believe that your work has been used or is accessible on Urbanmonkey.com websites in a way that constitutes copyright infringement, you may notify Urbanmonkey.com by providing us the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed, including where the copyrighted work exists or a copy of the copyrighted work; (3) a description of where on the site the material that you claim is infringing is located, reasonably sufficient to permit Urbanmonkey.com to locate the material; (4) your address, telephone number, and email address; (5) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Company’s agent for notice of claims of copyright infringement for the Urbanmonkey.com websites can be reached by mail at: [email protected]
Warranty Disclaimers
Urbanmonkey.com recognizes the value of providing accurate and timely content. However: The Urbanmonkey.com websites are provided "as is" and without warranties of any kind either express, statutory or implied. Without limiting the foregoing,Urbanmonkey.com wants to ensure that you understand that there are no warranties:
- That access to the Urbanmonkey.com websites will be error free or uninterrupted;
- That the information on the Urbanmonkey.com websites will be accurate, complete or reliable
- That the Urbanmonkey.com websites will be free of any virus, worm, Trojan horse or other harmful software code or
- Of title or non-infringement.
Urbanmonkey.com hereby disclaims any and all implied warranties in connection with the Urbanmonkey.com websites, including without limitation of merchantability and fitness for a particular purpose.
Disclaimer as to Third Party Web Sites
Urbanmonkey.com also disclaims any responsibility for the accuracy, content, or availability of information found on websites that link to or from Urbanmonkey.com websites. You acknowledge that some advertisers or other companies employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive. Urbanmonkey.com is not liable for the accuracy, copyright compliance, legality, or decency of material or content contained in third-party sites and/or advertisements (including pop-up ads) and you hereby irrevocably waive any claim against us with respect to such sites or advertisements. Urbanmonkey.com does not ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Urbanmonkey.com websites. Urbanmonkey.com does not make any representations or warranties as to the security of any information, including, available on or through Urbanmonkey.com (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through Urbanmonkey.com for commercial or public purposes.
Governing Law
This site is created and controlled by Urbanmonkey.com. The laws of India shall apply and courts in Delhi/New Delhi shall have jurisdiction in respect of all the terms, conditions and disclaimers. Urbanmonkey.com 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 Urbanmonkey.com.
Dispute Resolution
If there is any dispute about or involving the Urbanmonkey.com Websites and/or the Service, by using the Urbanmonkey.com websites, you agree that the dispute will be governed by the laws of India. You agree to the exclusive jurisdiction to the courts of Delhi, India.
Contact Information
If you have questions or concerns regarding these Terms & Conditions, please contact our support at [email protected]
Suspension due to Non-Compliance with Agreement
Notwithstanding other legal remedies that may be available to Urbanmonkey.com, Urbanmonkey.com may in its sole discretion limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user 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 Urbanmonkey.com; The user has provided wrong, inaccurate, incomplete or incorrect information; Your actions may cause any harm, damage or loss to the other Users or Urbanmonkey.com. Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to the Urbanmonkey.com site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
