TERMS OF USE

 

These terms and conditions of use (“Terms of Use”) is for www.teamonkglobal.com (“Website”). Terms of Use is between Teamonk Global Foods Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at D-72, Westend Heights, DLF Phase-V, Gurgaon, HR 122009 (hereinafter referred to as “Teamonk Global”) and the users of the Website (“You” or “Your” or “Yourself” or “User”).
 
Teamonk Global is engaged as an online market place platform to facilitate selling of speciality tea, teaware and gift items (combination of tea and teaware) and various allied products and services (all together referred as “Products”). Under this Term of Use, Teamonk Global describe the terms on which Teamonk Global offers You access to the Website. Please read the Terms of Use carefully before using or registering on the Website or accessing any material, information or Products through the Website. Accessing, browsing or otherwise using the Website indicates Your agreement to all the terms and conditions under this Terms of Use and Your agreement to be legally bound by them. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by all Teamonk Global Policies including but not limited to the Privacy Policy available on Website, as amended from time to time. Both the Terms of Use and Privacy Policy shall be read as one.
 
  1.    General
 
(i)       Website is an internet based portal owned and operated by Teamonk Global. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in this Terms of Use, along with any amendments made by Teamonk Global at its sole discretion and posted on the Website.
 
(ii)      You agree that Teamonk Global may, at any time, change, modify, add or remove portions of these Terms of Use or discontinue all or part of the Website and/or the Products thereunder, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. Teamonk Global shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms of Use.
 
(iii)    Teamonk Global may require You to provide Your consent to the Terms of Use in a specified manner prior to any further use of the Website. If no such separate consent is sought, Your continued use of the Website will constitute Your acceptance of the Terms of Use including those changes made if any.
 
  1.    Eligibility to Use
 
You hereby represent that You are of legal age to form a binding contract with Teamonk Global and are not a person barred under the laws as applicable in India. The Products are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Teamonk Global system by Teamonk Global for any reason whatsoever. If You are below the age of eighteen (18) years, You may avail the Products provided by Teamonk Global through Your legal guardian in accordance with the applicable laws.
 
  1.    User Account, Password, and Security
 
(i)       You shall purchase the Products made available by Teamonk Global either by creating an Account (“Registered User”). For the Registered User, You have to create an account with Teamonk Global by providing certain required User information ("User Account") through Teamonk Global ID and password (the "Account Information"). Further, You are not required to pay any fee or charge for creation of the User Account with Teamonk Global. You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Teamonk Global has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Teamonk Global has the right to suspend or terminate Your User Account and refuse any and all current or future use of the Website (or any portion thereof).
 
(ii)      You shall acknowledge that You shall be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your User Account. Use of another user's Account Information for availing the Products is expressly prohibited
 
(iii)    You agree to (a) immediately notify Teamonk Global of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your User Account at the end of each session. Teamonk Global cannot and shall not be liable for any loss or damage arising from Your failure to comply with this. Further, You understand that You may be held liable for losses incurred by Teamonk Global 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.
 
  1.    User Obligations
 
(i)       Subject to compliance with the Terms of Use as well as other Teamonk Global policy, You are granted a non-exclusive, limited privilege to access and use this Website and purchase the Products. You should take all responsibility for your own actions in buying the Products and Teamonk Global shall not be liable for any such action.
 
(ii)      You agree to use the Website and the Products provided therein only for purposes that are permitted by: (a) the Terms of Useincluding the Privacy Policy; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
 
(iii)    You agree to strictly adhere to all limitations on dissemination, use and reproduction of any materials that You access on the Website in accordance with the terms hereof.
 
(iv)     You agree not to access (or attempt to access) the Website and the Products by any means other than through the interface that is provided by Teamonk Global. You acknowledge and agree that by accessing or using the Website, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Teamonk Global disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under the terms hereof.
 
(v)      You agree that You are solely responsible to Teamonk Global and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which Teamonk Global or its affiliates may suffer) for any such breach.
 
  1.    Use of Materials and Intellectual Property Rights
 
(i)         The Website and the Products including but not limited to all text, design, layout, graphics, user interfaces, artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Teamonk Global and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by trademark and various other intellectual property rights. The trademarks, copyrights, logos and service marks displayed on the Website ("Marks") are the property of Teamonk Global. You shall not use the Marks, in any manner whatsoever, without the prior consent of Teamonk Global. You also acknowledge that any violation of the intellectual property rights of Teamonk Global may expose You to legal proceedings in this regard.
 
(ii)      Except as expressly indicated to the contrary in any applicable Additional Terms, Teamonk Global hereby grants You a non-exclusive, freely revocable (upon notice from Teamonk Global), non-transferable access to view, download and print the contents or any other materials available on the Website, subject to the following conditions:
 
a)       You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use; and
b)       You may not modify or alter any Content or any other materials available on the Website.
 
(iii)    The rights granted to You as above are limited to the Content or any other materials as specified therein. You acknowledge that the design, layout or look and feel of the Website are the intellectual property of Teamonk Global as specified hereunder and shall not be copied or imitated in whole or in part.
 
  1.    Disclaimer of Warranties & Liability
 
You expressly understand and agree that, to the maximum extent permitted by applicable law:
 
(i)       Teamonk Global makes no warranty that
 
a)       The Website will meet Your requirements or Your use of the Website will be uninterrupted, timely, secure or error-free;
b)       In case of any errors or defects in the Website or other materials will be corrected.
 
(ii)      No advice or information, whether oral or written, obtained by You from Teamonk Global shall create any warranty not expressly stated in the Terms of Use.
 
(iii)    Teamonk Global will not have any liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws.
 
(iv)     Teamonk Global will not be liable for any loss that You may incur as a consequence of unauthorized use of Your User Account or Account Information in connection with the Website either with or without Your knowledge.
 
(v)      Teamonk Global also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
 
(vi)     Teamonk Global shall not be held 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 beyond Teamonk Global's control.
 
  1.    Payment terms and conditions
 
(i)         The price list mentions the prices of each Product and the Registered User shall pay the amount in Indian Currency (i.e. Indian Rupee) only. Teamonk Global reserves the right to change the price of the Products at any time. Teamonk Global will allow the Registered User to buy the Products using the following modes of payments:
 
  1.          Credit Cards/Debit Cards;
  2.          Internet Banking;
  3.          any other mode of payment as solely decided by Teamonk Global.
 
(ii)       Payment made by credit card or any other mode as mentioned above should be received by Teamonk Global on time. If for any reason Teamonk Global does not receive the payment from the credit card issuer or third party gateway in any of the above payment modes, then You shall pay all the amounts due on demand by Teamonk Global.
 
(iii)      In case while making the payment through online gateway the amount is debited from the Registered User account but the same is not credited to Teamonk Global’s account, then it will be treated as non receipt of the amount by Teamonk Global. In such case Teamonk Global will not deliver the Products and it will not be liable to refund the amount debited.
 
  1.      Return Policy
 
Teamonk Global return policy is only with respect to “Teaware and gifting” (“Merchandise”). Incase you receive any damaged products then you shall initiate the return or replacement within 30 days from the date of receipt of the Merchandise. Further, you shall e-mail the clear images of the damaged Merchandise to reachus@teamonkglobal.com. The Merchandise shall not be used and it shall be in the package condition. Teamonk Global will arrange for the pick-up of the Merchandise from the place where it got delivered. Once the Merchandise has been received by Teamonk Global, then it will evaluate the condition of the Merchandise and initiate the process of return/refund accordingly.
 
  1.      External links from the Website:
 
Teamonk Global may provide external third party links (“Links”) for Your convenience. You acknowledge that these Links provided to You is obtained from sources believed to be reliable and also these Links are beyond the control of Teamonk Global. Further, Teamonk Global does not provide any representation or guarantee with respect to any of the content of these Links and Teamonk Global shall not be held liable for any loss suffered by You based on Your reliance on or use of such data. Use or reliance on any Links and the content thereon provided is at your own risk. You shall refer to the terms and conditions of use of such Links before using. No hypertext links shall be created from any website controlled by You or otherwise to the Website without the express prior written permission of Teamonk Global. You can contact reachus@teamonkglobal.com, if You would like to link to this Website or would like to request a link to your website.
 
10.       Indemnification and Limitation of Liability
 
(i)       You agree to indemnify, defend and hold harmless Teamonk Global including but not limited to its affiliates, agents 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 Teamonk Global 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 pursuant to these Terms of Use.
 
(ii)      In no event shall Teamonk Global, its officers, directors, employees or partners be liable to You for any special, incidental damages whatsoever, including those resulting from loss of use, data or profits, breach of contract, negligence or any other claim arising out of or in connection with Your use of or access to the Website.
 
(iii)    The limitations and exclusions in this section apply to the maximum extent permitted by applicable laws in India.
 
11.       Violation of the Terms of Use
 
(i)       You agree that Teamonk Global may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Teamonk Global determines that You have violated these Terms of Use. You also agree that any violation by You of these Terms of Use shall constitute an unlawful and unfair business practice, and will cause irreparable harm to Teamonk Global, for which monetary damages would be inadequate, and You consent to Teamonk Global obtaining any injunctive or equitable relief that Teamonk Global deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Teamonk Global may have at law or in equity.
 
(ii)      You agree that Teamonk Global may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) unexpected technical issues or problems; (4) on complaint received by any User on any violation of the terms hereunder and if Teamonk Global is satisfied as to the breach or violation complained or (5) if You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same). The decision of Teamonk Global shall be final in all such matters.
 
(iii)    If Teamonk Global does take any legal action against You as a result of Your violation of these Terms of Use, Teamonk Global will 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 Teamonk Global.
 
12.       Miscellaneous

(i)       Governing Law and Arbitration: Any claim, differences or dispute arising under or in connection with or in relation hereto this Terms of Use shall be governed by the applicable laws in force in India. Any dispute, differences or controversy of whatever nature and howsoever arising under or out of or in relation to this Terms of Use (including its interpretation) between the parties, and so notified in writing (the ‘Dispute’) shall be referred to President-Arbitration Centre-Karnataka for Arbitration. The Arbitration shall be conducted by a Sole Arbitrator appointed by the ‘President-Arbitration Centre-Karnataka’ as per Arbitration and Conciliation Act, 1996 as amended from time to time. The venue of Arbitration shall be Bangalore and it shall be conducted in English language. The arbitration award shall be final and binding on the Parties. In any case, for supervisory, injunctive relief or relief of specific performance, this Terms of Use and any Dispute shall be subject to the exclusive jurisdiction of courts in the city of Bangalore, India.
 
(ii)      Report Abuse: In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, please report to Teamonk Global.
 
(iii)    Privacy Policy: The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Teamonk Global in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.
 
(iv)     Notice: All notices of Teamonk Global will be served by email. Any notice provided to Teamonk Global pursuant to the Terms of Use should be sent to Teamonk Global address as notified in the Website.
 
(v)      Waiver: Any failure by Teamonk Global to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Teamonk Global of that provision or right.
 
(vi)     Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Teamonk Global's rights under the Terms of Use are freely transferable by Teamonk Global to any third parties without the requirement of seeking Your consent.
 
(vii)   Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that 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, and the remainder of the Terms of Use shall continue in full force and effect.