Terms & Conditions


Welcome to www.monsuwi.com  ("Site" or "MONSUWI ™"). This site is owned and operated by Monsuwi Eco Farms & Products Pvt. Ltd. These Terms and Conditions (hereinafter "Terms of Use") along with the Privacy Policy, Shipping Policy, and Cancellation Refund and Return Policy (together "Policies") as modified or amended, will govern your use of the services and features of the Site. By using the Site, you signify your agreement to the Terms of Use and the Policies, whether or not you have read the same.MONSUWI reserves the right to change the terms and conditions contained in the Terms of Use or the Policies from time to time and at any time, without notice and in its sole discretion. If MONSUWI decides to change the Terms of Use or the Policies, MONSUWI will post a new version of the Terms of Use and Policies on the Site and update the date specified above. Any change or modification to the Terms of Use and the Policies will be effective from the date such Terms of Use and Policies are uploaded on the Site. Your continued use of the Site following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies. For this reason, you should frequently review these Terms of Use and the Policies, including their dates, to understand the terms and conditions that apply to the use of the Site.

Eligibility

Only persons 'competent to contract' as provided in the Indian Contract Act, 1872 are eligible to use this Site. However, parents or legal guardians may transact on behalf of minors i.e. persons below the age of 18 years.MONSUWI  reserves the right to prevent any person from using the Site.

Your Account

"Your information" is defined as any information you provide to us in the registration, buying process, in the feedback area through email or other feature of the Site. MONSUWI will only accept content from you if you are a valid user of the Site. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. If you know or have reason to believe that the security of your account has been breached, you should contact us immediately at the ‘Contact Information’ provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, or suspend your account without any liability to MONSUWI.  You agree that your information is true, accurate, current and complete. You undertake to maintain and promptly update such information, to keep it true, accurate, current, and complete. Failure to do the same, will entitle MONSUWI  to indefinitely suspend or terminate your membership and refuse access to the Site. You are solely responsible for all content that you upload, post, email or otherwise Transmit via our Site. Your Information shall be maintained by us in accordance with our Privacy Policy.

License to use and Access

Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access, and make personal and non-commercial use of the Site. All rights not expressly granted to you in these Terms of Use, are reserved and retained by the Site and its affiliates. MONSUWI reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access the Site.

Electronic Communication

When you visit the Site, send us emails or give us 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.

Product Description

We attempt to be as accurate as possible in the description of products on our Site including its colour. However MONSUWI does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. The product pictures are indicative and may not match with actual products.

  1.   Product
            *   Please read properly before purchasing the product 
            *   Monsuwi will not take responsibility for any type of illness or side effect  
            *   Avoid the Usage of Medicine in pregnancy or other illness problems
            *   Kindly use medicine as per doctor prescription

Religious Products

Monsuwi shall not be liable for any claim or damages or usage or misusage of pooja products.   

* The Purchases shall not use the pooja products for anything prohibited by Law

* All disputes are subjected to jurisdication of court in Ernakulam

     

         * The Website is an online e-commerce portal that merely facilitates the sale and purchase of the Products by allowing Sellers to advertise and sell their respective
           Products to Users of the Website. The sale of the Products on and through the Website shall always be on a principal-to-principal basis between you and 
          The Sellers, and the Company shall have no liability or obligation whatsoever in respect thereof.
           
        *  You hereby agree to furnish on the Website all such information that may be required by us from time to time and/or which may be necessary under 
           The Applicable Laws to facilitate the sale and delivery of the Products on and through the Website.  
           
        * Nothing contained or displayed on the Website shall be, or in any manner deemed to be a, a representation or warranty or guarantee furnished by us in relation to the Products, including their quality, durability, effectiveness, etc. and the Company shall not be, or in any manner deemed to be, liable in respect thereof. Such information displayed on the Website is mainly provided by the Sellers, and the Company makes no representation or warranty towards the accuracy or genuineness towards the same. 
          The Company further makes no representation or gives any warranty or condition either express or implied with regard to any other information
          Or Services available on the Website.

       

Recommendation of Product

Any recommendations made to you by the Site during the course of your use is purely for informational purposes and for your convenience and does not in any manner amount to an endorsement of the product by MONSUWI or any of its associates.

Pricing Information

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of the product until you make the order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information,MONSUWI shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is wrongly priced, MONSUWI  may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and MONSUWI will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that MONSUWI accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to MONSUWI‘s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. Prices and availability are subject to change without notice.

Mode of Making Payments

Payments for the products available on the Site may be made in the following ways: Payments can be made by Credit Cards, Debit Cards, Net Banking, Cash on Delivery. Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.

Cancellations, Refunds, and Returns

Please refer to our Cancellations, Refunds, and Returns excluding Religious & Spiritual products there is no surety of your faith has been done and also not been refundable , otherproducts are Policy provided on the Site.

Shipping and Delivery

Please refer to our Shipping Policy available on the Site.

Representations

You agree to and make the following representations that you will use the services of the Site for lawful purposes only and comply with all applicable laws and regulations while transacting on the Site.

You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partially), MONSUWI  has the right in its sole discretion to debar you from using the services of the Site.

Where credit card details are required, you will provide correct information. You will only use a credit card that you own in your transactions with MONSUWI. Liability for use of a card fraudulently is exclusively on you, and will lead to claims of cost of goods, collection costs, legal fees etc.

That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.

That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.

That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in its description.

You may not use the Site for any of the following purposes:

  • Disseminating any unlawful, harassing, libellous, abusive, threatening, defame harmful, vulgar, obscene, or otherwise objectionable material.
  • Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  • Gaining unauthorised access to other computer systems.
  • Interfering with any other person's use or enjoyment of the Site.
  • Breaching any applicable laws.
  • Interfering or disrupting networks or web sites connected to the Site.

Intellectual Property Rights MONSUWI and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site. The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of MONSUWI. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any MONSUWI  or third party intellectual property rights. All rights, including copyright, in this website are owned by or licensed to MONSUWI. Any use of this website or its contents, including copying or storing any information in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of MONSUWI. Any reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance- without the prior written permission of MONSUWI is strictly prohibited. The "MONSUWI" name and logo and all related product and service names, design marks and slogans are the trademarks or service marks of MONSUWI. All other marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of MONSUWI or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless explicitly provides to the contrary, all Contents are Copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by MONSUWI™, one of its affiliates or by third parties who have licensed their materials to MONSUWI and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of MONSUWI and is also protected by Indian and international copyright laws. Links and Third Party Sites References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply MONSUWI endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between MONSUWI and those third parties.MONSUWI is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. Governing Law and Jurisdiction the Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Kerala shall have exclusive jurisdiction. Any dispute or difference either in interpretation or otherwise, of these Terms and Conditions, and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by MONSUWI and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Kerala. Indemnity You agree to defend, indemnify and hold harmless MONSUWI, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to MONSUWI or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms of Use, or arising out of the your violation 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 the Terms of Use. Termination These Terms of Use are effective unless and until terminated by either you or MONSUWI. You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. MONSUWI may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, Such termination will be without any liability to the Site. Upon any termination of the Terms of Use by either you or MONSUWI, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms of Use. Disclaimer of Warranty and Limitation of Liability All content, products, and services on the site, or obtained from a website to which the Site is linked are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. All warranties, if any, relating to the product and services would be provided by the manufacturer/supplier of such product and not by MONSUWI. Any claim in relation to the same should be raised against respective manufacturer/supplier and not MONSUWI in any case whatsoever. The Site provides content from other internet sites or resources and while MONSUWI tries to ensure that material included on the Site is correct, reputable and of high quality, it will not accept responsibility if this is not the case. MONSUWI will not be responsible for any errors or omissions or for any loss or damage caused by reliance on such information. WhileMONSUWI aims to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of MONSUWI, access to the Site may be interrupted, suspended or terminated from time to time. MONSUWI shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. MONSUWI, its suppliers, subsidiaries, affiliates, officers, employees, agents, partners and licensors, shall not be liable for any damages of any kind arising out of or in connection with the use of the Site or the purchase of products from the Site. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, indirect, incidental, PUNITIVE, special, incidental, consequential or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses, WHETHER IN TORT OR CONTRACT OR UNDER ANY APPLICABLE LAW.MONSUWI, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, MONSUWI 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 use of the Site; and/or any interruption or errors in the operation of the Site. You understand that by using this Site or any services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, MONSUWI and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable to you. MONSUWI through the Website intends to provide its users with general information about products. The postings on the Website or on social networking sites, including the Website's Facebook page, or any information provided over chat or e-mails exchanged with MONSUWI, its employees or representatives (collectively referred to as "Information") which are in furtherance of any communication made by the user with MONSUWI, its employees or representatives is based on the background provided by the user. While MONSUWI takes reasonable care to ensure that the Information is accurate, MONSUWI takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. In case any User relies on the Information, he/she may do so at its own risk. Under no circumstances will MONSUWI, its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information. For any general information posted on the Website, users must not infer or assume that such information necessarily applies to them. Site Security You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. MONSUWI is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from MONSUWI on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Entire Agreement

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and MONSUWI with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. MONSUWI's failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

 

Please read the terms and conditions ("Terms and Conditions") set out below carefully before ordering any Goods or Services from this Website. By ordering any Goods or Services from this Website, you agree to be bound by these Terms and Conditions.

  • Section 1: Introduction We are monsuwi, a brand of http://www.monsuwi.in, unless otherwise stated.
  • Section 2: Definitions
    • 2.1. "Agreement" is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you;
    • 2.2. "Privacy Policy" means the policy displayed on our Website which details how we collect and store your personal data;
    • 2.3. "you", "your" and "yours" are references to you the person accessing this Website and ordering any Goods or Services from the Website or from any other channel provided by monsuwi;
    • 2.4. "we", "us", "our", and "monsuwi" are references to the Company;
    • 2.5. "Goods" is a reference to any goods which we may offer for sale from our Website from time to time;
    • 2.6. "Service" or "Services" is a reference to any service which we may supply and which you may request via our Website;
    • 2.7. "Participating Caterers" is a third party, which has agreed to co-operate with the Company to prepare and/or deliver the Goods or Services.
    • 2.8. "Food Delivery" is a reference to perishable goods and to any form of delivery service, which both are provided by our Participating Caterers and for both of which our Participating Caterers take full responsibility; and
    • 2.9. "Website" is a reference to our Website http://www.monsuwi.com on which we offer our Goods or Services.
  • Section 3: Ordering
    • 3.1. Any contract for the supply of Food Delivery from this Website is between you and the Participating Caterers; for the supply of Goods or Services from this Website any contact is between you and monsuwi. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
    • 3.2. Food Delivery, Goods and Services purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
    • 3.3. Please note that some of our Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.
    • 3.4. When ordering from this Website you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
    • 3.5. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
    • 3.6. Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Participating caterer’s. When you place your order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Participating Restaurant will be able to fill your order. Once we have sent the confirmation email we will check availability and delivery capacity.
    • 3.7. If the ordered Food Delivery and delivery capacity is available, the Participating caterer’s  will accept the contract and confirm it to monsuwi. If the details of the order are correct, the contract for the Food Delivery, Goods or Services will be confirmed by text message (SMS).
    • 3.8. In the case that Goods offered by monsuwi were ordered, monsuwi will confirm availability together with or separately from Food Delivery.
    • 3.9. The confirmation message will specify delivery details including the approximate delivery time specified by the Participating caterers and confirm the price of the Food Delivery, Goods and Services ordered.
    • 3.10. If the Food Delivery and/or Goods are not available or if there is no delivery capacity, we will also let you know by text message (SMS) or phone call.
  • Section 4: Prices and Payment
    • 4.1. Any contract for the supply of Food Delivery from this Website is between you and the Participating caterer’s; for the supply of Goods or Services from this Website any contact is between you and monsuwi. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
    • 4.2. All prices listed on the Website are correct at the time of publication and have been input as received by the caterers; While we give great care to keep them up to date, the final price charged to you by the restaurant can change at the time of delivery based on the latest menu and prices of the caterers. We also reserve the right to alter the Goods or Services available for sale on the Website and to stop listing Goods or Services.
    • 4.3. All prices listed on the Website for Food Delivery by the Participating caterers reflect the price the Participating caterers charges at the time of listing. In case the price listed is not current and the caterers informs us immediately after placing the order, we will put our best effort to contact you to inform you about the price difference and you can choose to opt-out of the order at that time.
    • 4.4. All prices for delivery by monsuwi or a third party provider assigned by monsuwi listed on the Website are correct at the time of publication, however, we reserve the right to alter these in the future
    • 4.5. The total price for Food Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Website when you place your order. Full payment must be made for all Goods despatched and Services provided. Payment has to be made in cash or, if available on the website, by online payment, e.g. credit or debit card.
    • 4.6. If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.
    • 4.7. The prices reflected on the website/email are determined solely by the Participating caterers and informed to Monsuwi at the time of listing or afterwards. Any change in the prices of menu at the time of placing order is at the sole discretion of the Participating caterers.
    • 4.8. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are being charged and determined by the Participating caterers and Monsuwi is merely collecting the same on behalf of such Participating caterers.
    • 4.9. The entire amount of applicable taxes collected by Monsuwi is directly remitted as it is to Participating caterers and Monsuwi does not retain any amounts thereof
    • 4.10. Monsuwi is not responsible for validating the legal sanctity of the applicable taxes and the manner of its applicability on behalf of the Participating Restaurant. Monsuwi holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Participating caterers.
    • 4.11. The prices reflected on the website  are determined solely by the Participating caterers and informed to Monsuwi at the time of listing. Any change in the prices of menu at the time of placing order is at the sole discretion of the Participating caterers.
    • 4.12. The transaction of sale of food or food items is between Participating caterers and the customer, and accordingly, Monsuwi is not liable to charge or deposit any taxes applicable on such transaction
    • 4.13. The final tax invoice will be issued by the Participating Restaurant and delivered to the customer along with the order
  • Section 5: Delivery
    • 5.1. Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address designated by you at the time of ordering.
    • 5.2. If delivery is done by the Participating caterers, it is the Participating caterers sole responsibility to provide Food Delivery in a timely manner.
    • 5.3. In the case delivery is done by monsuwi, we will give great care to deliver in a timely manner. No responsibility is taken for late delivery by monsuwi in either case.
    • 5.4. All orders are delivered by a reputable courier. We and the Participating caterers will make every effort to deliver within the time stated, however, we will not be liable for any loss caused to you by ordering late. If the Goods are not delivered within the estimated delivery time quoted by us, please contact the participating caterers first. You may also contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
    • 5.5. In case of a late delivery, the delivery charge will neither be voided nor refunded by monsuwi.
    • 5.6. All risk in the Goods and the Food Delivery shall pass to you upon delivery.
    • 5.7. If you fail to accept delivery of Food Delivery and/or Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
    • 5.8. You must ensure that at the time of delivery of Food Delivery and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
    • 5.9. Participating caterers, who will prepare your order, aim
      • 5.9.1. to deliver the product to you at the place of delivery requested by you in your order;
      • 5.9.2. to deliver within the time confirmed by the restaurant;
      • 5.9.3. to inform you if they expect that they are unable to meet the estimated delivery time.
    • 5.10. Participating caterers and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery;
    • 5.11. Please note that it might not be possible for Participating caterers to deliver to some locations. If this is the case, our Participating caterers or we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address;
  • Section 6: Cancellation
    • 6.1. You must notify the participating caterers immediately if you decide to cancel your order, preferably by phone, and quote your order number. If the caterers accepts your cancellation, no cancellation fee applies. If the caterers refuses cancellation, e.g. because preparation of Food Delivery has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. We will not be able to refund any order, which has been already dispatched.
    • 6.2. We may cancel a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made;
    • 6.3. If the cancellation was made in time and once the caterers has accepted your cancellation, we will refund or re-credit your debit or credit card with the full amount within 14 days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods or the Services, as applicable.
    • 6.4. In the unlikely event that the Participating caterers delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If the Participating caterers can only do a partial delivery (a few items might be not available), its staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund. We are not responsible for wrong or partial delivery. The issue has to be settled directly with the Participating caterers.
  • Section 7: Information
    • 7.1. Where we have requested information from you to provide Food Delivery, Goods or Services you agree to provide us with accurate and complete information.
    • 7.2. You authorize us to use, store or otherwise process your personal information in order to provide the Food Delivery, Goods or Services to you and for marketing and credit control purposes (the "Purpose"). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Food Delivery, Goods or Service to you. More information can be found in our Privacy Policy.
    • 7.3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
  • Section 8: Linked Sites There may be a number of links on our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the Services or Goods that they may provide to you.
  • Section 9: Complaints We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to support@monsuwi.in.
  • Section 10: Limitation of Liability
    • 10.1. Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
    • 10.2. By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any food or beverages from a Participating Restaurant.
    • 10.3. We disclaim any and all liability to you for the supply of the Food Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
    • 10.4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
    • 10.5. We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
    • 10.6. If we have contracted to provide identical or similar order to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.
    • 10.7. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
    • 10.8. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
    • 10.9. In the event monsuwi has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, monsuwi may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, monsuwi reserves the right to seek compensation from any and all violators.
    • 10.10. Offers are subject to Monsuwi's discretion and may be withdrawn at any time and without notice.
  • Section 11: General
    • 11.1. All prices are in India Rupees. GST is included where indicated
    • 11.2. We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
    • 11.3. We may alter or vary the Terms and Conditions at any time without notice to you.
    • 11.4. Payment must be made either at the time of ordering the Food Delivery, Goods or Services from us by credit card or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.
    • 11.5. Do not use or launch any automated system or program in connection with our website or its online ordering functionality;
    • 11.6. Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.
    • 11.7. The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
    • 11.8. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
    • 11.9. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of India.
    • 11.10. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
    • 11.11. Customers placing order with monsuwi are liable of receiving promotional SMS, irrespective of their number being registered under NDNC. If customer wish to not receive promotional SMS, they may contact us on info@monsuwi.com or at contact no.
    • 11.12. These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with India Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the India Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
    • 11.13. The voucher calculation is subject to Monsuwi's discretion and may be altered at any time and without notice. The voucher can discount any/all of the components including food cost, taxes and fees and likewise.
    • 11.14. Any Service Fee/Delivery Fee charged by Monsuwi is subject to prevailing GST Rates.
    • 11.15. Rates under the GST regime has recently been notified. The caterers are currently examining the taxability of their supplies. Monsuwi hence, does not bear any responsibility on the taxes charged by the caterers in the interim period.

 

Privacy Policy

We understand the importance of safeguarding your personal information, and have formulated a Privacy Policy to ensure that your information is sufficiently protected.