Terms And Conditions

Thank you for visiting monginisoutlet.in web portal provided by Monginis Foods Pvt. Ltd. The Terms and Conditions contained herein alongwith the Privacy Policy is an Agreement regulating our relationship with regard to the use of https://monginisoutlet.in/ by you. You are hereby advised to read this Agreement carefully. If you do not agree to any Terms and Conditions of this agreement, you are not authorized to access this site.You can use https://monginisoutlet.in/  if you agree to all the terms and conditions of this Agreement in its entirety. If you accept this agreement, it will be a legally binding agreement between you and Monginis Foods Pvt. Ltd.

Headings :

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extend or intent of the Terms or the rights to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

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, supplemented, varied or replaced time to time. monginisoutlet.in the Website means the online portal owned and operated by Monginis Foods Pvt. Ltd., which provides a platform to the shoppers to get information of the products listed on Website; ”Vendor/Seller/Affiliate” shall mean the person or any legal entity who offers for sale, sells the products or services on monginisoutlet.in ”User/ You” means and includes you and/or any person or an entity including Vendor/Seller/Affiliate using or accessing the services provided on this Website.

User Account, Password and Security :

You will receive a password and account designation upon completing the Website registration process. You are responsible for maintaining the confidentiality of the password and account, and fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify https://monginisoutlet.in/  of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. https://monginisoutlet.in/ cannot and will not be liable for any losses or damage arising from your failure to comply with this Section (b). You agree that if any information provided by You that is inconsistent, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is inconsistent, inaccurate, not current or incomplete, or not in accordance with Terms of Use, We reserve the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse You access to the Website.

Communication :

When you use the Website or send emails or other data, information or communication to the Monginis, You agree and understand that You are communicating with Monginis through electronic records and You consent to receive communication via electronic record from Monginis periodically and as and when required. Monginis may communicate with you by email or by such other mode of communication, electronic or otherwise.

Eligibility :

You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.

Privacy Policy :

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Monginis in respect of the Website. The user further consents that the terms and contents of such Privacy Policy are accepted to him. User has represented and warrants that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Website if you are not competent to contract under the applicable laws, rules and regulations.

Term of Agreement/ Service :

This Agreement shall continue to be in full force and effect for so long as you are using the Website, Either you or Monginis may terminate thisAgreement at any time, with or without cause However, Monginis reserves the right, in its sole discretion, to terminate your access to the products and services offered on the Website or any portion thereof at any time, without notice.

Modification Of Terms And Conditions :

Monginis may at any time amend and/or modify the terms and conditions contained on the Website without any prior notification or intimation to you. You can access the latest version of the Terms and Conditions at any given time. You should regularly review the Terms and Conditions. In the event the amended and/or modified Terms and Conditions are not acceptable to you, you should discontinue using the Website. However, if you continue to use the Website you agree to accept and abide by the amended / modified Terms and Conditions.

Purchases :

You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
  • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
  • upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents
  • upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another”s computer
  • conduct or forward surveys, contests, pyramid schemes or chain letters
  • download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner
  • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
  • violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
  • violate any applicable laws or regulations for the time being in force in or outside India
  • violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein

User Warranty and Representation:

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Monginis.

Purchases :

  • If you wish to purchase any product made available through Product (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
  • You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
  • We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
  • We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
  • We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Monginis Gift Vouchers :

  • Gift Vouchers (hereinafter referred to as E-Gift Vouchers) physical can be redeemed only in any of the Monginis Cake Shops and but not on https://monginisoutlet.in/. A location where a Gift Voucher can be redeemed is referred to in these Terms and Conditions as a ”Franchisee or Website ” respectively.
  • A Gift Voucher is a prepaid payment device that comes with a PRODUCT EXCHANGE. They are not credit Vouchers, charge Vouchers or debit Vouchers.
  • Gift Vouchers cannot be purchased by using Discount Coupon Codes.
  • Every Gift Voucher has to be physically submitted to Monginis Franchisee in original in order to redeem it.
  • To use a Gift Voucher at a Franchisee, present them at the time of payment. They entitle the bearer to exchange it for only the value they carry. The bearer of a Gift Voucher has to select a product from amongst the ones available with the Franchisee at the time of exchange.
  • Monginis is not responsible for lost, stolen, or misused Gift Voucher. Risk of loss passes to the purchaser of the Gift Voucher and upon handing over of the Gift Voucher to the recipient.
  • A Gift Voucher / Coupon Code / Reward Points has an expiration date of 6 (Six) MONTHS from the date of issue.
  • While there is ”valid through ” period, the entitlements on a Gift Voucher do not expire. You may not use a Gift after the ”valid thru” period.
  • A Gift Voucher is nonrefundable and cannot be redeemed for cash value.
  • Monginis reserves the right to cancel an issued a Gift Voucher and/or request alternative forms of payment if a fraudulently obtained a Gift Voucher is used to make purchases in Monginis Exclusive Cake Shops.
  • In the event a Gift Voucher is non-functional, the recipient and purchaser ‘s sole remedy, and Monginis sole liability, shall be the replacement of such a gift voucher.
  • In case if any Franchisee refuses to honor the Gift Voucher or for any other problems if a Franchisee or the Website fails to honor a Gift Voucher, please email the Customer Service team.
  • We may change the terms of, or add new terms to, these Terms and Conditions at any time, with or without cause, and without giving you notice. In addition, we may suspend, cancel, add, modify or delete any feature offered in connection with your Gift Voucher at our sole discretion at any time, with or without cause, and without giving you notice. The Gift Voucher is Monginis property.
  • A Gift Voucher and their use are subject to the Monginis Terms of Service and Privacy Policy, which are incorporated herein above. In the event of a conflict these a Gift Voucher terms and conditions shall control.

Termination due to non-compliance with Agreement :

Notwithstanding other legal remedies that may be available to Monginis, Monginis 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 Website,
  • If the User is in breach any of the terms and conditions of this Agreement;
  • If the User has provided wrong, inaccurate, incomplete or incorrect ination;
  • If your actions may cause any harm, damage or loss to the other Users or Monginis.
  • Illegal and/or unauthorized use of the Website, including unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
  • You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.

Limited User:

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Monginis name is stated as the source and prior written permission of Monginis.in is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

Indemnity :

User agrees to defend, indemnify and hold harmless Monginis, https://monginisoutlet.in/ , its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney ” ‘ fees, caused by or arising out of claims based upon the use of User”s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User ‘s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.

Severability :

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.